CHAPTER 2

LAND DEVELOPMENT CODE Chapter 2

Zoning Regulations

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CHAPTER 2

ZONING REGULATIONS

2.00.00 PURPOSE .......................................................................................................................... 2-5

2.00.01 ZONING REGULATIONS ............................................................................................ 2-5

2.00.02 CONFLICT WITH COMPREHENSIVE PLAN ............................................................. 2-5

2.00.03 RELATIONSHIP TO FUTURE LAND USE MAP CATEGORIES ................................ 2-5

2.00.04 OFFICIAL ZONING MAP............................................................................................. 2-7

2.01.00 AGRICULTURE DISTRICT ............................................................................................... 2-8

2.01.01 Purpose ........................................................................................................................ 2-8

2.01.02 Intent ............................................................................................................................ 2-8

2.01.03 Location/Designation Guidelines .................................................................................. 2-8

2.01.04 Permitted Uses ............................................................................................................. 2-8

2.01.05 Special Exceptions ..................................................................................................... 2-11

2.01.06 Bulk Regulations ......................................................................................................... 2-12

2.02.00 RESIDENTIAL RURAL DISTRICT .................................................................................. 2-13

2.02.01 Purpose ...................................................................................................................... 2-13

2.02.02 Intent ......................................................................................................................... 2-13

2.02.03 Location/Designation Guidelines ................................................................................ 2-13

2.02.04 Permitted Uses ........................................................................................................... 2-13

2.02.05 Special Exceptions ..................................................................................................... 2-14

2.02.06 Bulk Regulations ......................................................................................................... 2-15

2.03.00 RESIDENTIAL – 1 DISTRICT ......................................................................................... 2-16

2.03.01 Purpose ...................................................................................................................... 2-16

2.03.02 Intent ........................................................................................................................... 2-16

2.03.03 Location/Designation Guidelines ................................................................................ 2-16

2.03.04 Permitted Uses ........................................................................................................... 2-16

2.03.05 Special Exceptions ..................................................................................................... 2-16

2.03.06 Bulk Regulations ......................................................................................................... 2-17

2.04.00 RESIDENTIAL – 2 DISTRICT .......................................................................................... 2-18

SUBURBAN RESIDENTIAL DISTRICT ........................................................................... 2-18

2.

04.01 Purpose ...................................................................................................................... 2-18

2.04.02 Intent ........................................................................................................................... 2-18

2.04.03 Location/Designation Guidelines ................................................................................ 2-18

2.04.04 Residential 2 - Permitted Uses ................................................................................... 2-18

2.04.05 Suburban Residential - Permitted Uses ..................................................................... 2-18

2.04.06 Special Exceptions ..................................................................................................... 2-18

2.04.07 Bulk Regulations ......................................................................................................... 2-19

2.05.00 RESIDENTIAL – 3 DISTRICT .......................................................................................... 2-20

2.05.01 Purpose ...................................................................................................................... 2-20

NOTE: FOR OKALOOSA ISLAND CODES

B-1, B-2, B-3, & B-4 CLICK HERE!

LAND DEVELOPMENT CODE Chapter 2

Zoning Regulations

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2.05.02 Intent ........................................................................................................................... 2-20

2.05.03 Location/Designation Guidelines ................................................................................ 2-20

2.05.04 Permitted Uses ........................................................................................................... 2-20

2.05.05 Special Exceptions ..................................................................................................... 2-20

2.05.06 Bulk Regulations ......................................................................................................... 2-21

2.06.00 MANUFACTURED/MOBILE HOME PARK DISTRICT ................................................... 2-22

2.06.01 Purpose ...................................................................................................................... 2-22

2.06.02 Intent ........................................................................................................................... 2-22

2.06.03 State Permit Required ................................................................................................ 2-22

2.06.04 Location/Designation Guidelines ................................................................................ 2-22

2.06.05 Permitted Uses ........................................................................................................... 2-22

2.06.06 Special Exceptions ..................................................................................................... 2-22

2.06.07 Bulk Regulations ......................................................................................................... 2-23

2.07.00 MIXED USE DISTRICT ..................................................................................................... 2-23

2.07.01 Purpose ...................................................................................................................... 2-23

2.07.02 Intent ........................................................................................................................... 2-23

2.07.03 Location/Designation Guidelines ................................................................................ 2-23

2.07.04 Permitted Uses ........................................................................................................... 2-23

2.07.05 Special Exceptions ..................................................................................................... 2-25

2.07.06 Approval Procedure .................................................................................................... 2-25

2.07.07 Bulk Regulations ......................................................................................................... 2-25

2.07.08 development Criteria .................................................................................................. 2-25

2.07A.00 MIXED USE 1 & 2 DISTRICTS ...................................................................................... 2-26

2.07A.01 Mixed Use – 1 .......................................................................................................... 2-26

2.07A.02 Mixed Use – 2 .......................................................................................................... 2-26

2.08.00 BUSINESS OFFICE DISTRICT [C-1] .............................................................................. 2-27

2.08.01 Purpose ...................................................................................................................... 2-27

2.08.02 Intent ........................................................................................................................... 2-27

2.08.03 Location/Designation Guidelines ................................................................................ 2-27

2.08.04 Permitted Uses ................................

........................................................................... 2-27

2.08.05 Special Exceptions ..................................................................................................... 2-27

2.08.06 Bulk Regulations ......................................................................................................... 2-28

2.09.00 NEIGHBORHOOD COMMERCIAL DISTRICT [C-2] ....................................................... 2-29

2.09.01 Purpose ...................................................................................................................... 2-29

2.09.02 Intent ........................................................................................................................... 2-29

2.09.03 Location/Designation Guidelines ................................................................................ 2-29

2.09.04 Permitted Uses ........................................................................................................... 2-29

2.09.05 Special Exceptions ..................................................................................................... 2-30

2.09.06 Bulk Regulations ......................................................................................................... 2-30

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Zoning Regulations

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2.10.00 GENERAL COMMERCIAL DISTRICT [C-3] ................................................................... 2-31

2.10.01 Purpose ...................................................................................................................... 2-31

2.10.02 Intent ........................................................................................................................... 2-31

2.10.03 Location/Designation Guidelines ................................................................................ 2-31

2.10.04 Permitted Uses ........................................................................................................... 2-31

2.10.05 Special Exceptions ..................................................................................................... 2-33

2.10.06 Bulk Regulations ......................................................................................................... 2-33

2.10.07 Performance Criteria .................................................................................................. 2-33

2.11.00 AIRPORT COMPATIBILITY DISTRICT ........................................................................... 2-35

2.11.01 Purpose ...................................................................................................................... 2-35

2.11.02 Intent ........................................................................................................................... 2-35

2.11.03 Location/Designation Guidelines ................................................................................ 2-35

2.11.04 Permitted Uses ........................................................................................................... 2-35

2.11.05 Allowable Density ....................................................................................................... 2-35

2.11.06 Bulk Regulations ......................................................................................................... 2-36

2.12.00 INDUSTRIAL DISTRICT [I-1] .......................................................................................... 2-37

2.12.01 Purpose ...................................................................................................................... 2-37

2.12.02 Intent ........................................................................................................................... 2-37

2.12.03 Location/Designation Guidelines ................................................................................ 2-37

2.12.04 Permitted Uses ........................................................................................................... 2-37

2.12.05 Special Exceptions ..................................................................................................... 2-38

2.12.06 Bulk Regulations ......................................................................................................... 2-38

2.13.00 AIRPORT INDUSTRIAL PARK DISTRICT [1-2] ............................................................. 2-39

2.13.01 Purpose ...................................................................................................................... 2-39

2.13.02 Intent ........................................................................................................................... 2-39

2.13.03 Location/Designation Guidelines ................................................................................ 2-39

2.13.04 Permitted Uses ........................................................................................................... 2-39

2.13.05 Special Exceptions ..................................................................................................... 2-39

2.13.06 Bulk Regulations ......................................................................................................... 2-40

2.

14.00 INSTITUTIONAL DISTRICT ............................................................................................. 2-41

2.14.01 Purpose ...................................................................................................................... 2-41

2.14.02 Intent ........................................................................................................................... 2-41

2.14.03 Location/Designation Guidelines ................................................................................ 2-41

2.14.04 Permitted Uses ........................................................................................................... 2-41

2.14.05 Density/Intensity Standards ........................................................................................ 2-42

2.15.00 RECREATION DISTRICT ................................................................................................. 2-43

2.15.01 Purpose ...................................................................................................................... 2-43

2.15.02 Intent ........................................................................................................................... 2-43

2.15.03 Location/Designation Guidelines ................................................................................ 2-43

2.15.04 Permitted Uses ........................................................................................................... 2-43

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Zoning Regulations

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2.15.06 Bulk Regulations ......................................................................................................... 2-43

2.16.00 RESERVED ...................................................................................................................... 2-44

2.17.00 SCHEDULE OF BULK REGULATIONS .......................................................................... 2-45

2.18.00 RESIDENTIAL DESIGN ALTERNATIVES ..................................................................... 2-50

2.18.01 Purpose ...................................................................................................................... 2-50

2.18.02 Design Alternatives ..................................................................................................... 2-50

2.18.03 Cluster Subdivisions ................................................................................................... 2-50

2.18.04 Zero-Lot-Line Development ........................................................................................ 2-50

2.18.05 Z-Lots and Angled Z-Lots ........................................................................................... 2-51

2.18.06 Zipper Lots .................................................................................................................. 2-51

2.19.00 BULK REGULATIONS FOOTNOTES ............................................................................ 2-52

2.20.00 SPECIAL USES ............................................................................................................... 2-54

2.20.01 Alcoholic Beverage Establishments .......................................................................... 2-54

2.20.02 Animal Hospitals; Veterinary Clinics; Commercial Kennels and

Businesses that board animals ................................................................................................ 2-56

2.20.03 Cemeteries ................................................................................................................ 2-56

2.20.04 Churches and Other Religious Institutions ................................................................. 2-56

2.20.05 Public Schools and Other Public Institutions ............................................................. 2-57

2.20.06 Private Airports; Residential Airparks ......................................................................... 2-57

2.20.07 Dog Friendly Dining Establishments .......................................................................... 2-58

2.20.08 Tall Structures ........................................................................................................... 2-61

2.20.081 Towers and Telecommunications Facilities.............................................................. 2-61

2.20.082 Residential ................................................................................................................ 2-67

2.20.083 Exemption ................................................................................................................. 2-67

2.20.084 Okaloosa Island ........................................................................................................ 2-68

2.20.09 Aircraft Restricted Zone .............................................................................................. 2-68

2.20.10 MEDICAL MARIJUANA

DISPENSARIES

.................................................................... 2-70

2.21.00 ACCESSORY USES AND STRUCTURES ...................................................................... 2-71

2.21.00 Purpose ...................................................................................................................... 2-71

2.21.01 Applicability ................................

................................................................................. 2-71

2.21.02 Residential Accessory Uses and Structures .............................................................. 2-71

2.21.03 Nonresidential Accessory Uses and Structures ......................................................... 2-72

2.21.04 Agriculture Accessory Uses and Structures ............................................................... 2-73

2.21.05 Limitations and Restrictions........................................................................................ 2-73

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Zoning Regulations

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2.00.00 Purpose: The purpose of this chapter is to implement and put into practical regulatory effect the

provisions of the Future Land Use Element and future land use categories established in the Okaloosa

County Comprehensive Plan.

2.00.01 Zoning Regulations: Zoning districts, classifications, and regulations are hereby established as

sections 2.01.00 through 2.21.00 of this code. All development or use of land within the unincorporated

area shall be in accordance with the regulations specified herein. Zoning districts to be depicted on the

Official Zoning Map are as follows. Go here for SCHEDULE OF BULK REGULATIONS

(density,

setbacks, minimum lot frontage, maximum building height, Impervious Surface Coverage (ISC) and Floor

Area Ratio (FAR)

AGRICULTURE (AA)

RESIDENTIAL RURAL (RR)

RESIDENTIAL -1 (R-1)

RESIDENTIAL -2 (R-2)

RESIDENTIAL -3 (R-3)

SUBURBAN RESIDENTIAL (SR)

MANUFACTURED/MOBILE HOME PARK (MHP)

MIXED USE (MU)

MIXED USE - 1 (MU-1)

MIXED USE -2 (MU-2)

BUSINESS OFFICE (C-1)

NEIGHBORHOOD COMMERCIAL (C-2)

GENERAL COMMERCIAL (C-3)

AIRPORT COMPATIBILITY .5 (AC-.5)

AIRPORT COMPATIBILITY 1 (AC-1)

INDUSTRIAL (I-1)

AIRPORT INDUSTRIAL PARK (I-2)

INSTITUTIONAL (INST)

RECREATION (REC)

2.00.02 Conflict with Comprehensive Plan: In the event of an inconsistency or conflict between these

regulations and the Comprehensive Plan the applicable Comprehensive Plan provisions shall control.

2.00.03 Relationship to Future Land Use Map Categories: For purposes of designating zoning districts

on the Official Zoning Map, or for requests to rezone properties, the following relationship between the

Future Land Use Map (FLUM) and zoning districts shall apply. Zoning districts shall generally be allowed

in FLUM categories as specified in Table 2.0.

NOTE: You can click on the

zoning district to the left and it will

take you to the start of the code for

that district. For official Zoning

Maps click HERE

NOTE: FOR OKALOOSA ISLAND CODES

B-1, B-2, B-3, & B-4 CLICK HERE!

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Zoning Regulations

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TABLE 2.0

Zoning District FLUM Categories

Agriculture (AA)

General Commercial (C-2)

Institutional (INST)

Agriculture (AG)

Residential Rural (RR)

Rural Residential (RR)

Residential - 1 (R-1)

Low Density Residential (LDR)

Mixed Use (MU)

Residential - 2 (R-2)

Suburban Residential (SR)

Medium Density Residential (MDR)

Mixed Use (MU)

Residential - 3 (R-3)

Manufactured/Mobile Home Park (MHP)

High Density Residential (HDR)

Medium Density Residential (MDR)

Mixed Use (MU)

Mixed Use - 1 (MU-1)

Mixed Use - 2 (MU-2)

Mixed Use (MU)

Low Density Residential (LDR)

Medium Density Residential (MDR)

High Density Residential (HDR)

Mixed Use (MU)

Airport Compatibility .5 (AC-.5)

Airport Compatibility 1 (AC-1)

Airport Compatibility .5 (AC-.5)

Airport Compatibility 1 (AC-1)

Industrial (I-1)

Airport Industrial Park (I-2)

Industrial (I-1)

Institutional (INST)

Institutional (I)

Conservation (CON)

Agriculture (AG)

Recreation (REC)

All

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Zoning Regulations

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2.00.04 Official Zoning Map: An Official Zoning Map is hereby created which shall be used to implement

and depict the zoning districts established in this Chapter. The Official Zoning Map shall be housed in the

Department of Growth Management and shall take precedence over any other copies or representations.

The Official Zoning Map shall be used for all final determinations or interpretations concerning the zoning

classifications specified herein and shall be changed or amended only as specified in this Chapter. When

establishing or changing the boundary lines of the various zoning districts shown on the Official Zoning

Map the following guidelines shall be applied to the extent possible.

1. Zoning district boundary lines shall be drawn along legally described features, including but not

limited to, section lines, half-section lines, etc. or property lines except where parcel depths are

more than 1000 feet in which case a parcel may be divided into two or more zoning districts.

2. Boundaries for water bodies shall follow mean high water or ordinary high water lines, as may be

applicable to tidal or fresh waters.

3. Boundary lines drawn along physical features such as railroad lines or roadway rights-of-way will

be presumed to follow such features. These features shall not be included as part of the adjacent

zoning district.

4. Boundary lines will generally “front” upon an adjacent roadway unless the property is bounded by

two or more roadways in which case frontage shall generally be determined by the street

address.

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2.01.00 AGRICULTURE (AA) DISTRICT

2.01.01 Purpose: The purpose of the Agriculture (AA) district is to provide areas for production of plants

and animals useful to humans, including to a variable extent the preparation of plant and animal products

for human use by sale or otherwise and includes aquaculture, horticulture, floriculture, viticulture,

silviculture, dairy, livestock, poultry, bees, and any and all forms of farm products and farm production.

This district is also suitable for preservation of green spaces, conservation uses, outdoor recreation uses,

very low-density residential uses, and public/institutional uses.

2.01.02 Intent: The intent of the AA district is to implement and otherwise put into regulatory effect the

provisions of the “Agricultural” future land use category established in the Comprehensive Plan.

2.01.03 Location/Designation Guidelines: Land to be designated as, or re-zoned to, an AA district may

be located inside or outside the urban development area boundary. Agriculture districts may be located

in the Agriculture future land use category.

2.01.04 Permitted Uses: The following uses are permitted as of right in an AA district. All other uses are

permitted by special exception, or prohibited.

1. General Agriculture. Land, buildings, support machinery, and other appurtenances typically

found in the production of agricultural products and activities including cropland, pastureland,

orchards, vineyards, nurseries, ornamental horticulture, groves, tree farms, timberland feedlots,

farmhouses, barns, stables, silos, farm accessory buildings and sheds, seasonal roadside

produce stands, and the like. Specific, permitted agriculture uses are listed and described in

Chapter 11, North American Industry Classification System, U.S. Census Bureau, 2012.

2. Conservation. Conservation uses including large land holdings, areas of green space, wildlife

management areas, state and federal forests, bird or wildlife sanctuaries, nature parks and

preserves, natural area interpretation areas, natural wonder tourist attractions, forestry-related

facilities such as fire towers and maintenance yards, agriculture or fisheries-related experimental

stations or facilities, environmental education facilities, and other similar conservation-related

uses.

3. Outdoor Recreation. Outdoor recreation uses including public or private parks, recreation areas,

campgrounds, preserves, nature walks/trails, hunting or gun clubs/lodges, shooting

ranges/sporting clays, canoe/kayak/boat rentals, horseback riding stables and trails, summer

camps/youth camps/day camps, motor vehicle/motorcycle/ATV tracks and trails, and other similar

outdoor recreation uses where large areas of land are necessary and/or desirable to

accommodate the use.

4. Public/Institutional. Public/institutional uses including college and university training and/or

research facilities, public or private schools, correctional institution, telecommunications towers,

cemeteries, houses of worship, private clubs/lodges, utilities necessary for the collection,

transmission, generation, or distribution of utility service (i.e. electricity towers/lines, gas lines,

water and sewer lines, telecommunications lines, lift station, water storage tanks/treatment plants,

community or public water supply wells, wastewater treatment facilities, solid waste

transfer/recycling stations, etc.), military bases and camps, government storage and maintenance

yards, and similar public/institutional uses. Uses permitted by this paragraph are not subject to

the 10-acre minimum lot size must comply with all other applicable bulk regulations.

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5. Residential. Residential uses including single-family detached homes, category A and B

manufactured/mobile homes, customary accessory uses and structures (shed, garages, pools,

decks, out-buildings, etc.), residential subdivisions, home occupations, and family day care

homes. More than one dwelling may be permitted when the additional dwellings will be occupied

by members of the same immediate family, farm workers, or caretakers employed by the owner

and the additional dwellings are not offered out for rent or sale.

6. Smaller tracts of land may exist in this district that have certain vested rights provided the owner

can show proof that the lot or parcel was subdivided prior to July 10, 1990 and conformed to the

zoning district at that time. One single-family detached residence and customary accessory uses

may be allowed on these tracts. In these situations bulk regulations for the R-1

zoning district

may be used.

7. General Commercial. General commercial uses that support agricultural uses/activities may be

permitted when located on a state or county-maintained roadway outside residential subdivisions.

Other general commercial uses may be permitted when located on a state or county arterial or

collector roadway provided, however, the depth of the commercial use shall generally be no more

than 1,000 feet.

8. One-Acre Lots. The minimum lot size in the AA

district may be one (1) acre when the following

conditional requirements are met:

a. Access to each lot must be from an existing state or county-maintained roadway.

b. Each lot created shall have a minimum of 50 feet frontage on such state or county-

maintained road.

c. Where two or less lots are created access may be provided from a recorded easement.

d. Development shall not be permitted in floodways.

9. Oil and gas exploration and production activities when consistent with Comprehensive Plan

Conservation Policy 3.8

.

10. Customary accessory structures incidental to agriculture or residential uses (see 2.21.00).

11. Mines and borrow pits subject to Section 6.10.00.

12. Solar electrical generation facilities. Solar electrical generation facilities are production facilities

for electrical power that utilize photovoltaic modules (panels) to convert solar energy to electricity

whereby electricity that is produced is delivered to the transmission system and consumed off-

site. Solar electrical generation facilities consist principally of photovoltaic modules, a

mounting/racking system, power inverters, transformers, and associated components. Solar

generation is generally the principal use of the property, but solar electrical generation facilities

may also include administration/maintenance buildings, transmission lines, substations, collector

yards, energy storage equipment, and related accessory uses and structures. For the purpose of

this Code, solar electrical generation facilities are considered a use by right in the Agriculture

Zoning District. Solar electrical generation facilities are subject to all applicable regional, state,

and federal requirements.

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Notwithstanding other provisions of this Land Development Code, specifically including the

provisions of Chapter 6, solar electrical generation facilities and associated and related facilities

are allowed in this district subject to development order approval, and when the following

conditional requirements are met:

a. A minimum 25-foot natural vegetative upland buffer shall be provided between all upland

activities and wetlands. However, impacts to the wetlands may be allowed to the extent

permitted by state, regional, and federal agencies, provided impacts are offset by mitigation

consistent with said agencies.

b. Solar electrical generation facilities shall be allowed in floodplains if authorized in an

Environmental Resource Permit from the Florida Department of Environmental Protection or

Northwest Florida Water Management District and all construction is consistent with the

requirements of Chapter 44 of the Code of Federal Regulations as well as the Okaloosa

County floodplain management regulations.

c. State or federally listed plant and animal species shall be protected pursuant to the

requirements and recommendations of the Florida Fish and Wildlife Conservation

Commission or the United States Fish and Wildlife Service.

d. Except for security fencing, project signs, and access paths, no solar electrical generating

facility structure or equipment, hall be located within 40 feet of the property line when abutting

non-agricultural zoning districts, and 25 feet of the property line when abutting agricultural

zoning district. Buffers shall not be required between abutting solar facilities. Maintenance

buildings and administrative offices shall not be located less than 25 feet when abutting

industrial or commercial uses, 40 feet from agricultural uses, and 150 feet from residential

uses or residential zoning districts.

e. Except for required landscaping abutting residential uses, solar electrical generation facilities

shall be exempt from all other landscape requirements as described in Section 6.05.00.

f. Within the first 10 feet of the 40-foot setback to residential uses and/or zoning district, native

shrubs and grasses shall be retained to provide a minimum 6-foot high, 50% opaque screen

of vegetation. If existing native vegetation is not sufficient to meet this requirement, then

supplemental native shrubs may be utilized to meet this requirement with vegetation.

Plantings shall be of a size and type which will insure the meeting of the fifty (50) percent

opacity requirement at the time of installation.

g. Retention of existing vegetation and/or temporary fencing and screening may be required

where appropriate to minimize impacts during construction.

h. The following maximum height provisions shall apply:

1. Security fencing: 8 feet

2. Project signs: 9 feet

3. Solar panels or modules: 15 feet

4. Buildings: 25 feet

5. There are no maximum height provisions for transmission lines, substations, and

collector yards. However, any structure, including transmission lines, substations, or

collector yards more than 100 feet in height must be approved by the Aviation Advisory

Committee.

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i. The area of the solar panels and the transmission lines shall not be considered in the

calculation of Floor Area Ratio provided, however, that the area encumbered by supporting

structures shall be considered in stormwater calculations and management plans.

j. The minimum parcel size for a solar electrical generating facility shall be 10 acres.

k. Development order approval in accordance with Section lA.02.00 is required prior to

construction of a solar electrical generation facility. Building permits are not required for

structures of facilities of electric utilities which are directly involved in the generation,

transmission, or distribution of electricity pursuant to Section 553.73, Florida Statutes.

l. To the extent that any associated or related facilities may be addressed elsewhere in this

Code, the County shall review and consider for approval such associated or related facilities

as part of its review of the solar electrical generation facility under this Section.

m. All proposed solar power generating facilities shall be reviewed by the United States Air

Force (USAF) for mission compatibility prior to a development order approval by Okaloosa

County.

n. All proposed solar power generating facilities within 5 miles of a public airport shall be

reviewed by the Okaloosa County Airport Department for compatibility prior to a development

order approval by Okaloosa County.

2.01.05 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment (BOA).

1. Private airports, residential airparks (see 2.20.06)

. Prior to being placed on the BOA agenda for

consideration, any request for a new private airport or residential airpark received by the County

subsequent to the effective date of this provision must first be reviewed by the Aviation Advisory

Committee whose recommendations shall be included with the other information sent to the BOA

as part of the request.

2. Electric power substations which can demonstrate compatibility with the surrounding area through

site-specific setbacks, buffering, and other conditions appropriate to the area within which the

substation is proposed.

3. Temporary industrial uses such as pipe storage, portable asphalt plants, equipment/materials

storage yard, and similar uses may be permitted provided that, in addition to any other conditions

imposed, the use is for one (1) year or less.

4. Other uses which, in the opinion of the Planning Official, are similar in nature to other uses

allowed either as permitted uses or special exceptions.

13.

2.01.05 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment (BOA).

5. Private airports, residential airparks (see 2.20.06)

. Prior to being placed on the BOA agenda for

consideration, any request for a new private airport or residential airpark received by the County

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subsequent to the effective date of this provision must first be reviewed by the Aviation Advisory

Committee whose recommendations shall be included with the other information sent to the BOA

as part of the request.

6. Electric power substations which can demonstrate compatibility with the surrounding area through

site-specific setbacks, buffering, and other conditions appropriate to the area within which the

substation is proposed.

7. Temporary industrial uses such as pipe storage, portable asphalt plants, equipment/materials

storage yard, and similar uses may be permitted provided that, in addition to any other conditions

imposed, the use is for one (1) year or less.

8. Other uses which, in the opinion of the Planning Official, are similar in nature to other uses

allowed either as permitted uses or special exceptions.

2.01.06 Bulk Regulations: Bulk regulations for AA

districts are prescribed in Table 2.1.

TABLE 2.1

AGRICULTURE (AA) BULK REGULATIONS

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MINIMUM LOT/PARCEL SIZE 10 acres/1 acre conditional

___________________________________________________________________________________

MAXIMUM DENSITY No more than 1 dwelling/10 acres or

No more than 1 dwelling/1 acre conditional

1

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MINIMUM BUILDING SETBACKS

2

Front 40 feet/25 feet conditional

Sides 25 feet/10 feet conditional

Rear 25 feet/10 feet conditional

MINIMUM LOT FRONTAGE 20 feet (fronting upon a road)

50 feet conditional

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MAXIMUM BUILDING HEIGHT 75 feet

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MAXIMUM FLOOR AREA RATIO (Non-residential) 0.10

MAXIMUM IMPERVIOUS COVERAGE (Non-residential) 55%

NOTE: See Section 2.19.00

for possible additional requirements.

1 - See 2.01.04, 8, (1) – (4)

2 - If the property abuts multiple roads, the front setback shall be from the road from which the subject property’s address is derived,

with the rear being the side opposite the front provided, however, that in no case shall a building intrude into a visibility triangle of

an adjacent property or road intersection, nor shall any building intrude into a roadway right-of-way.

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2.02.00 RESIDENTIAL RURAL (RR) DISTRICT

2.02.01 Purpose: The purpose of the Residential Rural (RR) district is to provide areas for low-density

residential land use and development that is not directly related to agricultural use but still provides an

opportunity for residential living in a rural setting which may include agricultural uses and activities as well

as hobby farms, ranchettes, or estate lots.

2.02.02 Intent: The intent of the RR district is to implement and put into regulatory effect the provisions

of the “Rural Residential” future land use category as established in the Comprehensive Plan.

2.02.03 Location/Designation Guidelines: Lands to be designated as, or re-zoned to, an RR district

are generally located outside the urban development area boundary (UDAB). However, an RR District

may be located or designated within the UDAB when central water and sewer service is currently

available or planned for future expansion in the area. Residential Rural districts may be allowed in the

Rural Residential future land use category. The overall allowable residential density is one dwelling unit

per 5 acres minimum, however, minimum lot sizes may be one acre or one-half (1/2) acre as specified in

subsections 2.02.04, 3 and 4 of this Section.

2.02.04 Permitted Uses: The following uses are permitted as of right in an RR district. All other uses are

permitted by special exception or prohibited.

1. Residential. Residential uses including single-family detached homes, category A & B

mobile/manufactured homes, customary accessory uses and structures, home occupations,

family day care home.

2. Non-Residential. Utilities (such as power lines, water mains, sewer mains, water supply wells

and water treatment plants, and other similar facilities necessary for the collection, transmission

or distribution of utility service), parks and playgrounds, houses of worship, small-scale

agriculture, public or private primary or secondary schools and recreation.

3. One Acre Lots. One acre lots may be subdivided and created when the following conditions are

met.

a. The gross density shall not exceed a cumulative average of 1 dwelling unit per 5 acres

for the entire district.

b. Ten or less 1 acre lots may be subdivided and created without compliance with the

subdivision requirements of this Code when each lot fronts upon a state or county

maintained roadway and each lot has a minimum 50 foot frontage on such roadway.

c. Subdivisions of land involving more than 10 one acre lots shall be subject to the

subdivision requirements of this Code.

d. Where two or less one acre lots are created access may be provided by a recorded

easement.

e. No one acre lots may be created in any floodway as shown on the FIRM.

4. One-half (1/2) Acre Lots. One-half (1/2) acre lots may be subdivided and created when the

following conditions are met:

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a. The gross allowable residential density shall not exceed 1 du/5 acres for the entire

district;

b. For the creation of one or two .5 acre lots access may be provided by a recorded

easement;

c. For the creation of more than two .5 acre lots each lot must have access from a state or

county-maintained roadway. The construction of a new road to county standards with

subsequent dedication to the county will be considered a county-maintained roadway.

The creation of three (3) or more lots shall be considered a subdivision subject to the

subdivision and platting requirements of this Code;

d. Lots shall be located in a current or future water service area, and shall be required to

connect to a public water supply system when it becomes available.

5. Community Residential Homes. Community residential homes with 6 or fewer residents licensed

by the State and located as prescribed by Chapter 419, Fla. Stat.

6. Customary accessory uses and structures incidental to residential uses (see 2.21.00).

7. Utilities such as power lines, water mains, sewer mains, lift stations, water supply wells, and other

similar facilities necessary for the collection, transmission, or distribution of utilities services.

2.02.05 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment (BOA).

1. Residential airparks, private airstrips, and airports. Prior to being placed on the BOA agenda for

consideration, any request for a new residential airpark received by the County subsequent to the

effective date of this provision must first be reviewed by the Aviation Advisory Committee whose

recommendations shall be included with the other information sent to the BOA as part of the

request.

2. Electric power substations which can demonstrate compatibility with the surrounding area through

site-specific setbacks, buffering, and other conditions appropriate to the area within which the

substation is proposed.

3. Other uses which, in the opinion of the Planning Official, are similar in nature to other uses

allowed either as permitted uses or special exceptions.

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2.02.06 Bulk Regulations: Bulk regulations for RR districts are prescribed in Table 2.2.

TABLE 2.2

RESIDENTIAL RURAL BULK REGULATIONS

____________________________________________________________________________________

MINIMUM LOT/PARCEL SIZE 5 acres

1 acre conditional

1,2

½ acre conditional

1

____________________________________________________________________________________

MAXIMUM DENSITY No more than 1 dwelling/ 5 acres

No more than 1 dwelling/1 acre conditional

1

No more than 1 dwelling/1/2 acre conditional

1

___________________________________________________________________________________

MAXIMUM INTENSITY 0.10 FAR 55% ISC

___________________________________________________________________________________

MINIMUM BUILDING SETBACKS

Front 20 feet

Sides 10 feet

Rear 10 feet

___________________________________________________________________________________

MINIMUM LOT FRONTAGE 50 feet

20 feet (cul-de-sac)

___________________________________________________________________________________

MAXIMUM BUILDING HEIGHT 45 feet

NOTE: See Section 2.19.00 for possible additional requirements.

1 – See 2.02.04, 4, a – e

2 – If the property abuts multiple roads, the front setback shall be from the road from which the subject property’s address is

derived, with the rear being the side opposite the front provided, however, that in no case shall a building intrude into a visibility

triangle of an adjacent property or road intersection, nor shall any building intrude into a roadway right-of-way.

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2.03.00 RESIDENTIAL – 1 (R-1) DISTRICT

2.03.01 Purpose: The purpose of the Residential - 1 (R-1) District is to provide areas for single-family

detached residential dwellings, customary accessory uses, and limited non-residential uses.

2.03.02 Intent: The intent of the R-1 District is to implement and to put into regulatory effect the provision

of the “Low Density Residential” future land use category as established in the Comprehensive Plan.

2.03.03 Location/Designation Guidelines: Lands to be designated as, or re-zoned to, an R-1 district

may be located inside or outside the urban development area boundary. Residential - 1 districts may be

located in the Low Density Residential (LDR) or Mixed Use (MU)

future land use categories.

2.03.04 Permitted Uses: The following uses are permitted as of right in an R-1 district. All other uses

are permitted by special exception or prohibited.

1. Residential. Single-family detached homes, townhomes as part of PUD, category A or B

mobile/manufactured homes, mobile home subdivisions, customary accessory uses and

structures, home occupations, home office of convenience, family day care home.

2. Non-Residential. Utilities customary to residential areas (such as power lines, water mains,

sewer mains, lift stations, water supply wells, and other similar facilities necessary for the

collection, transmission or distribution of utility service), parks and playgrounds, community

facilities (i.e. community centers, golf course, tennis courts, swimming pools, etc.), public transit

stops and shelters.

3. Community residential homes with 6 or fewer residents licensed by the State and located as

prescribed by Chapter 419, Fla. Stat.

4. Public or private schools and houses of worship, subject to compatibility analysis.

5. Customary accessory uses and structures incidental to residential uses (see 2.21.00).

2.03.05 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment.

1. Electric power substations which can demonstrate compatibility with the surrounding area through

site-specific setbacks, buffering, and other conditions appropriate to the area within which the

substation is proposed.

2. Other uses which, in the opinion of the Planning Official, are similar in nature to other uses

allowed either as permitted uses or special exceptions.

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2.03.06 Bulk Regulations: Bulk regulations for R–1 districts shall be as prescribed in Table 2.3.

TABLE 2.3

RESIDENTIAL – 1 BULK REGULATIONS

____________________________________________________________________________________

MAXIMUM DENSITY

North of Eglin AFB no more than 4 dwellings/acre

South of Eglin AFB no more than 5 dwellings/acre

____________________________________________________________________________________

MAXIMUM INTENSITY 0.10 FAR

(nonresidential uses) 55% ISC

____________________________________________________________________________________

MINIMUM BUILDING SETBACKS

Front 20 feet

1

Sides 10 feet

Rear 10 feet

____________________________________________________________________________________

MINIMUM LOT FRONTAGE 20 feet

____________________________________________________________________________________

MAXIMUM BUILDING HEIGHT 45 feet

NOTE: See Section 2.19.00 for possible additional requirements.

1 – If the property abuts multiple roads, the front setback shall be from the road from which the subject property’s address is

derived, with the rear being the side opposite the front provided, however, that in no case shall a building intrude into a visibility

triangle of an adjacent property or road intersection, nor shall any building intrude into a roadway right-of-way.

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2.04.00 RESIDENTIAL – 2 (R-2) DISTRICTS

SUBURBAN RESIDENTIAL (SR) DISTRICTS

2.04.01 Purpose: The purpose of the Residential - 2 (R-2) and Suburban Residential (SR) Districts is to

provide areas for medium density residential housing, and to provide for certain non-residential uses that

contribute to the comfort and convenience of the district.

2.04.02 Intent: The R-2 District is intended to implement and put into regulatory effect the residential

dwelling provisions of the “Medium Density Residential” future land use category established in the

Comprehensive Plan.

2.04.03 Location/Designation Guidelines: Lands to be designated as, or re-zoned to, R-2 or SR

districts must be located within the urban development area boundary and have central water and sewer

service currently available. Residential - 2 districts must be located in the Medium Density Residential or

Mixed Use future land use map categories. Suburban Residential SR districts must be located in

Suburban Residential future land use map categories.

2.04.04 R-2 Permitted Uses: The following uses are permitted as of right in an R-2 district. All other

uses are permitted by special exception or prohibited.

1. Residential. Single-family detached and attached dwellings; category A and B

mobile/manufactured homes; duplex, triplex, quadraplex dwellings; townhomes; multi-family;

customary accessory uses; home occupation; home office of convenience; family day care

homes.

2. Non-Residential. Utilities customary to residential areas (such as power lines, water mains,

sewer mains, lift stations, water supply wells, and other similar facilities necessary for the

collection, transmission or distribution of utility service) parks; playgrounds; and recreation

facilities; community facilities (i.e. neighborhood civic center, golf course, tennis courts, etc.),

public transit stops and shelters.

3. Community residential homes with 6 or fewer residents licensed by the State and located as

prescribed by Chapter 419, Fla. Stat

.

4. Public and private schools and houses of worship subject to compatibility analysis.

5. Customary accessory uses and structures incidental to residential uses (see 2.21.00).

2.04.05 SR Permitted Uses: All R-2 permitted uses. All C-1 and C-2

permitted uses.

2.04.06 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment.

1. Electric power substations which can demonstrate compatibility with the surrounding area through

site-specific setbacks, buffering, and other conditions appropriate to the area within which the

substation is proposed.

2. Other uses which, in the opinion of the Planning Official, are similar in nature to other uses

allowed either as permitted uses or special exceptions.

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2.04.07 Bulk Regulations: Bulk regulations for R-2 and SR districts are prescribed in Table 2.4.

TABLE 2.4

RESIDENTIAL (R-2) & SUBURBAN RESIDENTIAL (SR) BULK REGULATIONS

___________________________________________________________________________________

MAXIMUM DENSITY

Single-family detached No more than 6 dwellings/acre

Single-family attached (townhouse, minimum 2 units/bldg) No more than 16 dwellings/acre

Duplex/Triplex/Quadraplex No more than 16 dwellings/acre

Multi-Family No more than to 16 dwellings/acre

____________________________________________________________________________________

MAXIMUM INTENSITY R-2 0.10 FAR

(nonresidential uses) 55% ISC

SR 0.25 FAR

60 % ISC

____________________________________________________________________________________

MINIMUM BUILDING SETBACKS

Single-family Single-family Duplex, Triplex Multi-Family

Detached Attached Quadraplex

Front

1

20 feet 20 feet 20 feet 20 feet

Sides 7.5 feet 7.5 feet 10 feet 10 feet

Rear 10 feet 10 feet 10 feet 10 feet

____________________________________________________________________________________

MINIMUM LOT FRONTAGE 20 feet

____________________________________________________________________________________

MAXIMUM BUILDING HEIGHT 45 feet

NOTE: See Section 2.19.00 for possible additional requirements.

1 – If the property abuts multiple roads, the front setback shall be from the road from which the subject property’s address is

derived, with the rear being the side opposite the front provided, however, that in no case shall a building intrude into a visibility

triangle of an adjacent property or road intersection, nor shall any building intrude into a roadway right-of-way area.

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2.05.00 RESIDENTIAL – 3 (R-3) DISTRICT

2.05.01 Purpose: The purpose of the Residential – 3 (R-3) district is to provide areas for a functional and

compatible mix of residential dwelling types, and certain limited non-residential uses of a semi-residential

or incidental nature.

2.05.02 Intent: The R-3 district is intended to implement and put into regulatory effect the multi-family

dwelling provisions of the “High Density Residential” future land use category established in the

Comprehensive Plan.

2.05.03 Location/Designation Guidelines: Lands to be designated as, or re-zoned to, an R-3 district

must be located within the urban development area boundary and have central water and sewer service

currently available. Residential -3 districts must be located within the High Density Residential or Mixed

Use future land use map categories.

2.05.04 Permitted Uses: The following uses are allowed as of right in the R-3 District. All other uses are

permitted by special exception or prohibited.

1. Residential. Single family attached and detached dwellings; Category A & B manufactured/mobile

homes; duplex, triplex, quadraplex dwellings; multi-family buildings; customary accessory uses;

home occupation; home office of convenience; family day care homes.

2. Assisted living facilities, adult congregate facilities, nursing homes.

3. Non-Residential. All R-1 and R-2

non-residential uses; parking garages; private marinas, public

transit stops and shelters.

4. Customary accessory uses and structures incidental to residential uses (see 2.21.00).

2.05.05 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment.

1. Electric power substations which can demonstrate compatibility with the surrounding area through

site-specific setbacks, buffering, and other conditions appropriate to the area within which the

substation is proposed.

2. Other uses which, in the opinion of the Planning Official, are similar in nature to other uses

allowed either as permitted uses or special exceptions.

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2.05.06 Bulk Regulations: Bulk regulations for R-3 districts are prescribed in Table 2.5.

TABLE 2.5

BULK REGULATIONS FOR R-3 DISTRICTS

___________________________________________________________________________________

MAXIMUM DENSITY

Single-family detached No more than 8 dwellings/acre

Single-family attached (townhouse, minimum 2 units/building) No more than 16 dwellings/acre

Duplex/Triplex/Quadraplex No more than 16 dwellings/acre

Multi-family buildings No more than 25 dwellings/acre

____________________________________________________________________________________

MAXIMUM INTENSITY 0.10 FAR

(nonresidential uses) 55% ISC

____________________________________________________________________________________

MINIMUM BUILDING SETBACKS

Front

1

20 feet

Sides 5 feet (single-family detached), 10 feet (other)

Rear 10 feet

____________________________________________________________________________________

MINIMUM LOT FRONTAGE 20 feet

____________________________________________________________________________________

MAXIMUM BUILDING HEIGHT 200 feet

Subject to approval by the Aviation Advisory Committee

See Section 3.09.00 for possible additional restrictions

NOTE: See Section 2.19.00 for possible additional requirements.

1 – If the property abuts multiple roads, the front setback shall be from the road from which the subject property’s address is

derived, with the rear being the side opposite the front provided, however, that in no case shall a building intrude into a visibility

triangle of an adjacent property or road intersection, nor shall any building intrude into a roadway right-of-way area.

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2.06.00 MANUFACTURED/MOBILE HOME PARK (MHP)

DISTRICT

2.06.01 Purpose: The purpose of the Manufactured/Mobile Home Park (MHP) district is to provide areas

for the location of manufactured and mobile homes where spaces are rented for the placement, parking

or accommodation of five (5) or more homes.

2.06.02 Intent: The MHP District is intended to implement and put into regulatory effect the “Medium

Density Residential” and “High Density Residential” future land use categories as established in the

Comprehensive Plan.

2.06.03 State Permit Required: No person may establish, develop, or otherwise operate a

manufactured/mobile home park without first obtaining a permit issued pursuant to s. 513.02, Fla. Stat

.

2.06.04 Location/Designation Guidelines: Lands to be designated as, or re-zoned to, an MHP district

must be located within the Urban Development Area Boundary in areas where central water and sewer

service is currently available. MHP districts must be located within the Medium or High Density

Residential or Mixed Use future land use categories.

2.06.05 Permitted Uses: The following uses are permitted as of right in the MHP District. All other uses

are permitted by special exception or prohibited.

1. Manufactured/mobile home parks offering approved mobile home and/or recreational vehicle

rental spaces for the placement of individual dwelling units.

2. Mobile home parks in which the spaces are held out for rent or lease, which are also under one

ownership, are not required to meet subdivision and platting requirements.

3. Public Utilities such as power lines, water mains, sewer mains, lift stations, supply wells, and

other similar facilities necessary for the collection, transmission, or distribution of utility service.

4. Customary accessory uses and structures for use by park residents such as management/rental

office, swimming pools, laundry, storage areas, recreation facilities, and the like.

5. Neighborhood commercial (C-2) when located on an arterial roadway or planned as part of the

mobile home park, or as allowed within the MU FLUM category.

6. Public transit stops and shelters.

2.06.06 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment.

1. Electric power substations which can demonstrate compatibility with the surrounding area through

site-specific setbacks, buffering, and other conditions appropriate to the area within which the

substation is proposed.

2. Other uses which, in the opinion of the Planning Official, are similar in nature to other uses

allowed either as permitted uses or special exceptions.

2.06.07 Bulk Regulations: Regulations controlling MHP districts shall be the same as those prescribed at

Chapter 64E-15, Florida Administrative Code.

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2.07.00 MIXED USE DISTRICT (MU)

2.07.01 Purpose: The purpose of the Mixed Use (MU) district is to provide areas for a variety of housing

types as well as a functional mix of residential and non-residential land uses. To this end, while MU

developments are encouraged to include a mix of both residential and non-residential uses, single use

development is allowed when the area surrounding a proposed single use development within the MU

zone is predominantly of the type proposed, and requiring another use would be out-of-character with the

predominant surrounding use, and would result in internal incompatibility that cannot be remedied through

buffers, setbacks, or other techniques in an economically efficient manner.

2.07.02 Intent: The MU district is intended to:

1. To implement and put into regulatory effect the provisions of the “Mixed Use”

future land use

categories established in the Comprehensive Plan.

2. Promote more efficient and economic uses of land that are compatible both internally and with

surrounding land uses.

3. Lower development and building costs by permitting smaller networks of utilities and streets

and the use of more economical building types and shared facilities;

4. Allow the controlled development of land uses most suitable to the proposed site and

surrounding neighborhoods;

5. Provide design and location criteria to encourage innovative development;

6. Encourage the redevelopment of existing residential and non-residential parcels with more

efficient, updated uses.

2.07.03 Location/Designation Criteria: Lands to be designated as, or rezoned to, an MU district may be

located inside or outside the urban development area boundary. Mixed Use districts must be located

within a Mixed Use future land use category. Properties zoned Mixed Use may be developed as a

Planned Unit Development.

2.07.04 Permitted Uses: The following uses are permitted as of right in the MU district. All other uses are

permitted by special exception or prohibited.

1. Residential Uses. All R-1, R-2, SR and R-3

permitted uses may be allowed when the following

condition is met:

a. Single Family Detached Residential development shall not front an arterial or collector

road, as defined in Table 4.2 of Chapter 4, Land Development Code, unless it is adjacent

to an existing R-1, R-2, SR or R-3 residential use or a property that is already within the

R-1, R-2, SR and R-3 zoning districts.

2. Non-Residential. All C-2 permitted uses. All C-3

permitted uses shall have direct access to an

arterial or county-maintained collector road, and there is no access to the commercial part of the

property through a residentially zoned area. The roads listed in Table 4.2 of Chapter 4 of the

Land Development Code are the collector roads on which C-3 uses may be developed as

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provided herein. Institutional (all INST bulk regulations shall apply). Recreation (all REC bulk

regulations shall apply).

3. Public transit stops and shelters.

4. Planned Unit Development (PUD) (see 1A.03.11)

5. Customary accessory uses and structures (see 2.21.00).

6. Utilities such as power lines, water mains, sewer mains, lift stations, water supply wells, and other

similar facilities necessary for the collection, transmission, or distribution of utility service.

2.07.05 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment.

1. Uses which, in the opinion of the Planning Official, are similar in nature to other uses allowed as

permitted uses.

2.07.06 Approval Procedure: The procedure for obtaining a Development Order shall be the same as

for any other development application and site plan review prescribed within LDC Section 1A.03.03 and

S.6.01.00 provided that the Board of County Commissioners must approve the issuance of a

development order for any MU development which varies from the bulk use standards that would

ordinarily apply to the type of development proposed within the MU development.

2.07.07 Bulk Regulations: Bulk regulations for the MU district shall be as shown on Table 2.6.

The bulk regulations applicable to the type of use proposed on a Mixed Use parcel shall apply (e.g., all

C-2 bulk regulations shall apply to C-2uses, all C-3 bulk regulations shall apply to all C-3 uses, etc.).

TABLE 2.6

BULK REGULATIONS FOR MU DISTRICTS

____________________________________________________________________________________

MAXIMUM DENSITY

Inside Urban Development Area Boundary (UDAB) No more than 25 dwellings/acre

Outside UDAB or Rural Community No more than 4 dwellings/acre

____________________________________________________________________________________

MAXIMUM INTENSITY 2.0 FAR 75% ISC

____________________________________________________________________________________

MINIMUM BUILDING SETBACKS Inside UDAB Outside UDAB

Front1 20 feet 20 feet

Sides 5 feet 10 feet

Rear 10 feet 10 feet

____________________________________________________________________________________

MINIMUM LOT FRONTAGE 20 feet

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MAXIMUM BUILDING HEIGHT

Inside UDAB 200 feet*

Outside UDAB 45 feet

Arears directly adjacent to Residentially Zoned properties 45 feet

a. For all buildings one (1) or two (2) stories in height which are less than thirty-five (35) feet in height,

the minimum side and rear yard setbacks indicated on the Schedule of Dimensional Requirements shall

apply. Buildings one or two stories in height, greater than thirty-five (35) feet in height, utilized for

residential or multi-family purposes on the same lot shall be a minimum of ten (10) feet apart.

b. For all buildings three (3) stories in height or greater than thirty-five (35) feet, except single-family

detached dwellings, the minimum side setback shall be fifteen (15) feet on each side and the minimum

rear setback shall be twenty (20) feet; buildings located on the same lot shall be a minimum of fifteen (15)

feet apart.

c. For all buildings four (4) or more stories in height the minimum side setback shall be twenty (20) feet

and increased by two (2) feet on each side for each story exceeding four (4) stories, with a minimum

twenty-five (25) foot rear yard setback required.

See Section Chapter 3 for possible additional restrictions

* Subject to approval by the Aviation Advisory Committee

1 - If the property abuts multiple roads, the front setback shall be from the road from which the subject property’s address is derived,

with the rear being the side opposite the front provided, however, that in no case shall a building intrude into a visibility triangle of an

adjacent property or road intersection, nor shall any building intrude into a roadway right-of-way area.

2.07.08 Development Criteria: Development Order applications shall include a Master Development

Plan depicting proposed density and the overall development program. The following criteria shall apply

to the site design and development of Mixed Use projects:

a. Development Mix: Development projects may be a single use or comprised of a mix of residential

uses, a mix of residential and commercial uses, a mix of commercial uses, a mix of industrial

uses, or a mix of residential, commercial, and industrial uses. The exact type and mix of uses

shall be determined as part of the development approval process, and shall be included as a

condition upon the development order.

b. Where more than one type of use occurs on a single parcel, the compatibility buffer requirements

of Chapter 6 shall be utilized, with the standards that provide the greatest buffering for

surrounding properties applied unless the property is developed such that a use on the subject

parcel abuts a like use on an adjacent parcel. For example, if a mixed use development includes

both single family residential and C-3 commercial uses, if the commercial uses abut residential

uses on an adjacent parcel, the C-3 buffering standards shall apply. However, if the single family

portion of the mixed use development abuts adjacent single family uses, then no buffering is

required.

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2.07A.00 MIXED USE – 1 & 2 (MU-1) (MU-2)

2.07A.01 Mixed Use – 1: Shall be the same as described in Comprehensive Plan Future Land Use

Element Policy 10.1, incorporated herein by reference. Residential density shall not exceed 25 dwelling

units per acre. Nonresidential intensity shall not exceed 0.75 floor area ratio and 65% impervious surface

coverage. The MU-1 district may be allowed either inside or outside the urban development area

boundary.

2.07A.02 Mixed Use – 2: Shall be the same as Comprehensive Plan Future Land Use Policy 10.1,

incorporated herein by reference. Residential density shall not exceed 16 dwelling units per acre.

Nonresidential density shall not exceed 0.75 floor area ratio and 65% impervious surface coverage with a

minimum of 20% open space required. The MU-2 district is only allowed inside the urban development

area boundary.

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2.08.00 BUSINESS OFFICE DISTRICT (C-1)

2.08.01 Purpose: The purpose of the Business Office (C-1) district is to provide areas for light

commercial and office-type uses where business is conducted indoors and hours of operation are limited

to regular working hours (7 AM – 7 PM) with limited potential for excessive traffic, noise, odor, dust, glare,

dirt, etc.

2.08.02 Intent: The C-1 district is intended to implement and put into regulatory effect the provisions of

the “Commercial”

future land use category. This district is further intended to provide transitional zoning

between residential areas and more intense commercial uses.

2.08.03 Location/Designation Criteria: Lands to be designated as, or rezoned to, Business Office

districts should generally be located outside residential subdivisions unless planned as part of the

subdivision and should be located primarily on collector or arterial roadways. This district may be located

either inside or outside the Urban Development Area boundary.

2.08.04 Permitted Uses: The following uses are permitted as of right in the C-1 district, all other uses are

permitted by special exception or prohibited:

1. Specific permitted uses are listed in the North American Industry Classification System

, U.S.

Census Bureau, 2012 under the following codes.

a. Code 52:

Finance and Insurance.

b. Code 531: Real Estate, except 53113

, lessors of mini-warehouses and self-storage units.

c. Code 54: Professional, Scientific, and Technical Services, except 541940

Veterinary

Services with outside kennels or outside boarding of animals).

d. Code 55:

Management.

e. Codes 5611 through 5615

: Administrative and Support Services.

f. Codes 6211 through 6213:

Health Care and Social Assistance.

g. Code 92: Public Administration, except 92214 Correctional Institutions, 92215

Parole and

Probation Offices, 92216 Fire Stations, 927 Space Research and Technology, and

928110 National Security.

h. Utilities such as power lines, water mains, sewer mains, lift stations, water supply wells,

and other similar facilities necessary for the collection, transmission, or distribution of

utility service.

2. Residential uses with a density of 10 dwelling units per acre or less, and provided that no

adjacent commercial uses shall be required to install any compatibility buffers or mitigation

against the residential use.

2.08.05 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment.

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1. Uses which, in the opinion of the Planning Official, are similar in nature to other uses allowed as

permitted uses.

2.08.06 Bulk Regulations: Intensity shall be limited to a floor area ratio of 0.75 and an impervious

surface coverage of no more than 75%. Maximum building height shall be no more than 45 feet. Front

setback shall be no less than 10 feet. Residential building setbacks shall be applied based on the type of

building, i.e. single-family: R-1; duplex: R-2, etc. See Section 2.19.00

for possible additional

requirements.

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2.09.00 NEIGHBORHOOD COMMERCIAL DISTRICT (C-2)

2.09.01 Purpose: The purpose of the Neighborhood Commercial (C-2) district is to provide areas for

relatively low intensity, neighborhood-serving business enterprise intended to serve the sales and service

needs of adjacent or nearby residential areas.

2.09.02 Intent: The C-2 district is intended to implement and put into regulatory effect the provisions of

the “Commercial”

future land use map category by designating suitable locations for small-scale

commercial facilities within or adjacent to areas or neighborhoods which are essentially residential in

nature, and to facilitate the development of small retail and service establishments in close proximity to

residential land uses in order to encourage pedestrian activity and otherwise reduce the number and

length of automobile trips, as well as providing increased convenience to all users.

2.09.03 Location/Designation Criteria: Lands to be designated as, or rezoned to, Neighborhood

Commercial districts should be located outside residential subdivisions unless planned as part of the

residential subdivision and should be located primarily on arterial or collector roadways. This district may

be located either inside or outside the Urban Development Area Boundary.

2.09.04 Permitted Uses: The following uses are allowed as of right in the C-2 district. All other uses are

permitted by special exception or prohibited.

1. Retail sales/service shopping centers not to exceed 30,000 square feet in gross floor area.

2. Food service establishments.

3. Convenience stores.

4. Gasoline service stations.

5. Drug stores/pharmacies.

6. Laundromats.

7. Dry cleaners (pick-up and delivery only).

8. Day care/child care centers.

9. Florist/flower shops.

10. Novelty/variety store.

11. Auto parts stores.

12. Package stores without consumption on premises.

13. Indoor and outdoor recreation.

14. Professional and medical offices.

15. Bed and breakfast inns.

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16. Off-site signs (billboards)

17. Communications towers.

18. Residential uses with a residential density of 10 dwelling units or less, and provided that adjacent

commercial uses shall not be required to install compatibility buffers or mitigation against the

residential use.

19. Utilities such as power lines and electric power substations, water mains, sewer mains, pump

stations, water supply wells, and other similar facilities necessary for the collection, transmission,

or distribution of utility services.

20. Car wash.

21. Medical marijuana dispensaries subject to the provisions of section 2.20.1

0.

2.09.05 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment.

1. Electric power substations which can demonstrate compatibility with the surrounding area through

site-specific setbacks, buffering, and other conditions appropriate to the area within which the

substation is proposed.

2. Other uses similar to the permitted uses appropriate for the comfort and convenience of adjacent

or nearby residential areas. These shall be determined on a case-by-case basis in consideration

of the following criteria: hours of operation; traffic; noise; lighting; odor, and; the potential for

creating public nuisance.

2.09.06 Bulk Regulations: Maximum impervious surface coverage shall be no greater than 75% and a

floor area ratio (FAR) of 0.75. Maximum building height shall be no greater than 45 feet. Minimum 10 foot

front setback. Residential building setbacks shall be applied based on the type of building i.e. single-

family: R-1 setbacks; duplex: R-2 setbacks, etc. See Section 2.19.00 for possible additional requirements.

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2.10.00 GENERAL COMMERCIAL (C-3)

2.10.01 Purpose: The purpose of the General Commercial (C-3) District is to provide areas for intensive

commercial uses involving conducting business, professional, service, or government which generally do

not involve the manufacture of new products from raw materials.

2.10.02 Intent: The General Commercial (C-3) District is intended to implement and put into regulatory

effect the “Commercial” and other Future Land Use Map categories that allow commercial uses.

2.10.03 Location/Designation Criteria: A C-3 district may be located either within or outside the urban

development area boundary. General Commercial districts may be located only within

“Commercial”,

“Mixed Use”, and “Agriculture” Future Land Use Map categories, and then only when the specific

conditions and requirements applicable to the category involved are met.

2.10.04 Permitted Uses: The following uses are permitted as of right in C-3 districts. All other uses are

permitted by special exception or prohibited.

1. All C-1 and C-2

permitted uses.

2. Specific permitted uses are listed in the North American Industry Classification System

, U.S.

Census Bureau, 2012 under the following codes.

a. Code 23

: Construction.

b. Code 42:

Wholesale trade.

c. Code 44 – 45

: Retail trade.

d. Code 48 – 49: Transportation and Warehousing, except, 481 Air transportation; 4831

Deep Sea, Coastal, and Great Lakes Water Transportation; 4881 Support Activities for

Air Transportation; 4882 Support Activities for Rail Transportation; 4883 Support

Activities for Water Transportation; and 487990 Scenic and Sightseeing, Other

e. Code 51:

Information.

f. Code 53: Real estate, rental and leasing, except 532411

Commercial air, rail, and water

transportation equipment rental and leasing.

g. Code 54:

Professional, scientific, and technical services.

h. Code 55:

Management of companies and enterprises.

i. Code 56:

Administrative and support and Waste Management and Remediation Services

except 5622 Waste Treatment and Disposal.

j. Code 61:

Educational services.

k. Code 62:

Health and social assistance.

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l. Code 71: Arts, entertainment, and recreation, except 7132 Gambling Industries (any

gaming and gambling prohibited by law), and; 713990 (Nudist Camps and outdoor

shooting activities involving firearms such as firing ranges, trap shoot, skeet shoot only).

m. Code 72:

Accommodation and food services.

n. Code 81:

Other services.

o. Code 92:

Public administration, except 922140 Correctional institutions (state or federal

prison).

p. Code 22:

Utilities.

q. Off-site signs (billboards).

r. Medical marijuana dispensaries subject to the provisions of section

2.20.1

0.

3. Residential uses with a residential density of 10 dwelling units per acre or less, provided that any

adjacent commercial uses shall not be required to install any compatibility buffers or mitigation

against the residential use.

4. Lounges, businesses or establishments, and further any business that, principally, is engaged in

the dispensing of alcoholic beverages by the drink for consumption on the premises as specified

in Section 2.21.01

of this Code.

5. Automobile, boat, or vehicle repair garage, mechanical and body, which shall not store or

otherwise maintain any parts or waste material outside of such buildings.

6. Building and lumber supply establishments provided the entire storage area is enclosed within a

fence at least six (6) feet in height.

7. Junk yards shall be located on parcels with a minimum of five (5) acres and shall have an eight

(8) foot high chain link fence enclosing the areas within which junk is to be kept. There shall be a

minimum twenty (20) foot green belt around the borders of the property which, except for ingress

and egress points and their associated visibility triangles, shall be planted with evergreen trees

and shrubbery sufficient to provide a visual screening of 100% opacity from the ground level to a

height of eight (8) feet at the time of planting. A privacy fence or wall with a height of eight (8)

feet may be used as an alternative to vegetation to achieve the required opacity provided

however, that the installation of such a wall or fence shall not exempt junkyards from perimeter

buffer or landscaping requirements required elsewhere in this code. Under no circumstances

shall a chain link fence into which slats have been woven or any sort of screening attached be

considered an opaque privacy fence or wall for purposes of this section. There shall be a

minimum thirty (30) foot setback from all property lines which shall remain clear of all structures

and storage of any junk or storage of materials of any kind.

8. Trade shops including sheet metal, upholstery, electrical, plumbing, venetian blind. Cabinet

making, carpentry and sign painting, provided that all operations are conducted entirely within a

building.

9. Solid waste transfer stations and recycling facilities.

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10. Utilities such as power lines and electric power substations, water mains, sewer mains, lift

stations, water supply wells, and other similar facilities for the collection, transmission or

distribution of utility service.

11. Communications towers.

12. Animal hospitals, veterinary clinics, commercial kennels, and animal boarding provided that no

outside cages or runs shall be located closer than 100 feet from any residence or residential

zoning district.

2.10.05 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment.

1. Uses which, in the opinion of the Planning Official, are similar in nature to other uses allowed as

permitted uses.

2.10.06 Bulk Regulations: Maximum impervious surface coverage shall be no greater than 85% and

maximum floor area ratio shall be no greater than 0.75. Maximum building height shall be 75 feet and

may be higher subject to compatibility analysis or approved as part of a master plan. The minimum front

setback shall be ten (10) feet. Residential building setbacks shall be applied based on the type of

building, i.e. single-family: R-1; duplex: R-2, etc. See Section 2.19.00

for possible additional

requirements.

2.10.7 Performance Criteria: In addition to the permitted uses specified in Section 2.10.04

, the following

performance criteria may be assigned to any C-3 zoning district, including any rezoning of property to C-

3. Once assigned, these criteria shall attach and have the effect of a new C-3 zoning district.

1. Criteria A – Low Impact Commercial: The following criteria shall attach to the C-3

zoning district

for this criteria.

a. Hours of operation: 7:00 AM to 7:00 PM.

b. Noise: Noise levels shall be as specified in Sections 9.01.00 and 9.02.00

.

c. Storage: There shall be no outside storage of any supplies or materials.

d. Odors, fumes: There shall be no detectable noxious odors or fumes that extend onto any

adjacent or nearby property.

e. Light, glare: No continuous light or glare shall extend onto any adjacent or nearby

property.

f. Dust, dirt: The permitted use shall not reasonably be expected to produce dust or dirt

which extends onto any adjacent or nearby property on a regular basis.

g. Alcoholic beverages: There shall be no establishments allowed which serve alcoholic

beverages consumption on premises whether with food consumption or not.

2. Criteria B – Medium Impact Commercial: The following criteria shall attach to the C-3

zoning

district for this criteria.

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a. All Category A criteria except as specified herein.

b. Hours of operation: 7:00 AM to 11:00 PM.

c. Alcoholic beverages: There shall be no establishments allowed which serve alcoholic

beverages consumption on premises unless such establishment is licensed as a food

service establishment and otherwise meets the criteria of Section 2.20.01

.

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2.11.00 AIRPORT COMPATIBILITY (AC) DISTRICT

2.11.01 Purpose: The purpose of the Airport Compatibility (AC) district is to promote and further the

intent of Chapter 333, Fla. Stat

. by preventing the encroachment of incompatible development and land

uses in the vicinity of the Bob Sikes Airport.

2.11.02 Intent: The AC district is intended to implement and put into practical regulatory effect the

provisions of the “Airport Compatibility” future land use category.

2.11.03 Location/Designation Criteria: Airport Compatibility districts shall be located only within the Bob

Sikes Airport Influence Zone, and within the Airport Compatibility future land use designations located

therein.

2.11.04 Permitted Uses: The following uses are permitted as of right in the AC district. All other uses are

prohibited.

1. Single-family detached residential dwellings.

2. Category A and B mobile homes/manufactured houses.

3. Customary accessory structures.

4. Home occupations.

5. Parks and playgrounds.

6. Public utilities customary to residential areas.

7. Government activities.

8. Utilities such as power lines, water mains, sewer mains, lift stations, water supply wells, or other

similar facilities for the delivery of utilities services.

2.11.05 Allowable Density: For allocation of residential density the AC district shall be sub-classified as

either AC-.5 or AC-1. Allowable density in the AC-.5 sub-district shall be no more than 1 dwelling unit per

one-half (1/2) acre. Allowable density in the AC-1 sub-district shall be no more than 1 dwelling unit per 1

acre. No density transfers shall be allowed within AC sub-districts except as prescribed in

Comprehensive Plan Future Land Use Element Policy 10.1(16).

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2.11.06 Bulk Regulations: Bulk regulations for AC districts shall be as prescribed in Table 2.7.

TABLE 2.7

AC DISTRICT BULK REGULATIONS

________________________________________________________________________________

MINIMUM LOT SIZE

AC-.5 No less than 21,780 square feet (1/2 acre)

AC- 1 No less than 43,560 square feet (1 acre)

________________________________________________________________________________

MAXIMUM DENSITY

AC-.5 No more than 1 dwelling/1/2 acre

AC-1 No more than 1 dwelling/1 acre

________________________________________________________________________________

MINIMUM BUILDING SETBACKS

Front

1

20 feet

1

Sides 10 feet

Rear 10 feet

________________________________________________________________________________

MINIMUM LOT FRONTAGE

Square or rectangular 80 feet

Irregular or cul-de-sac 20 feet

________________________________________________________________________________

MAXIMUM BUILDING HEIGHT 45 feet

NOTE: See Section 2.19.00 for possible additional requirements.

1 – If the property abuts multiple roads, the front setback shall be from the road from which the subject property’s address is

derived, with the rear being the side opposite the front provided, however, that in no case shall a building intrude into a visibility

triangle of an adjacent property or road intersection, nor shall any building intrude into a roadway right-of-way area.

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2.12.00 INDUSTRIAL (I-1)

2.12.01 Purpose: The purpose of the Industrial (I-1) District is to provide areas for industrial activities

including the production, manufacture, and distribution of goods and products.

2.12.02 Intent: The I-1 District is intended to implement and put into regulatory effect the “Industrial”

future land use category as established in the Comprehensive Plan.

2.12.03 Location/Designation Criteria: Lands to be designated as, or re-zoned to, an I-1 district may be

located within or outside the Urban Development Area boundary. Industrial districts are allowed only in

the “Industrial”

future land use category.

2.12.04 Permitted Uses: The following uses are permitted as of right in an I-1 district. All other uses are

prohibited.

1. Public or private industrial or commerce parks.

2. Building materials sales yards, contractors’ equipment yards and junk yards are permitted

provided that the requirements of Chapter 9 of this regulation are complied with; and a minimum

of two (2) acres of property is required.

3. Terminals for petroleum products.

4. Public utility structures.

5. Schools, public and private.

6. Radio, television and communication towers and antennas.

7. Municipal solid waste transfer stations and recycling facilities.

8. Construction and demolition (C & D) landfills.

9. Specific permitted uses are listed in the North American Industry Classification System

, U.S.

Census Bureau, 2012 under the following code classifications:

a. Code 21:

Mining, (except within industrial or commerce parks) subject to the provisions

of Section 6.10.00.

b. Code 22:

Utilities.

c. Codes 31-33

: Manufacturing.

d. Code 42:

Wholesale Trade.

e. Codes 48-49

: Transportation and Warehousing.

f. Code 51:

Information.

g. Code 5324

: Commercial and Industrial Machinery and Equipment Rental and leasing.

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h. Code 5417: Scientific Research and Development Services.

i. Code 6115

: Technical and Trade Schools.

j. Code 8113

: Commercial and Industrial Machinery and Equipment Repair and

Maintenance.

k. Code 92

: Public Administration.

l. Planned, mixed-use business parks or “flex parks” which may include a mix of industry

and businesses.

m. Water or wastewater treatment facilities.

n. Utilities such as power lines, water mains, sewer mains, lift stations, water supply wells

and tanks, and other similar facilities necessary for the delivery of utilities services.

o. Off-site signs (billboards).

10. Residential uses with a residential density of 10 dwelling units per acre or less inside the urban

development area or 4 dwelling units per acre or less outside the urban development area and

only when used to provide workforce housing accessory to or in conjunction with a permitted

industrial use.

2.12.05 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment.

Uses which, in the opinion of the Planning Official, are similar in nature to other uses allowed as

permitted uses.

2.12.06 Bulk Regulations: Maximum impervious surface coverage shall be no greater than 85% and

maximum floor area ratio (FAR) shall be no greater than 0.75. Maximum building height shall be no

greater than 100 feet. See Sections 2.19.00 and 3.09.00 for possible additional requirements.

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2.13.00 AIRPORT INDUSTRIAL PARK DISTRICT (I – 2)

2.13.01 Purpose: The purpose of the Airport Industrial Park (I-2) District is to provide areas specifically

for public airport operations, related facilities, and airport-related or airport-compatible business and

industrial operations, facilities, and activities.

2.13.02 Intent: The I-2 District is intended to implement and put into regulatory effect the “Industrial”

Future Land Use Map category as established in the Comprehensive Plan.

2.13.03 Location/Designation Criteria: Lands to be designated as, or re-zoned to, an I-2 district may be

located within or outside the Urban Development area boundary. Airport Industrial Park districts may be

located only in an “Industrial”

Future Land Use Map category.

2.13.04 Permitted Uses: The following uses are permitted as of right in I-2 districts. Any other uses are

permitted by special exception or prohibited.

1. Aircraft fueling facilities including fuel sales, fuel dispensing, fuel distribution for aircraft fuels, and

oxygen delivery.

2. Aircraft repair and maintenance facilities – Fixed Base Operations (FBO).

3. Automobile rental facilities provided that vehicles available for rental do not occupy any required

parking spaces for passengers, terminals, or terminal operations.

4. Hangars for the storage of aircraft and general aviation maintenance.

5. Parking concessions.

6. Aircraft communications towers.

7. Public utilities, i.e. electric substations, lift stations, water and wastewater treatment facilities,

water mains, sewer mains, electric power substations, water supply wells and tanks, and other

similar facilities necessary for the delivery of utilities services.

8. Wash rack facilities for aircraft with water/oil separators when in conformance with applicable

FDEP and EPA regulations.

9. Auxiliary commercial uses customarily found at airports such as restaurants, lounges, car rentals,

retail sales shops, charter services, novelty shops, and the like.

10. On-site signs as permitted by sign regulations.

11. Airport-related or airport-compatible industrial operations, facilities and activities.

12. Aerial scenic and sightseeing such as cable cars, gliders, helicopter rides, and hot air balloon

rides.

2.13.05 Special Exceptions: The following uses may be allowed by the granting of a special exception

by the Board of Adjustment.

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1. Construction and demolition debris landfills provided that a fifty (50) foot or greater buffer, to be

determined at the time of the special exception, is provided on all adjacent property boundaries.

2. Other uses which, in the opinion of the Planning Official, are similar in nature to other uses

allowed either as permitted uses.

2.13.06 Bulk Regulations: No greater than 85% impervious surface coverage and no greater than 0.75

floor area ratio. Building heights shall be no greater than 100 feet. See Sections 2.19.00 and 2.21.00 for

possible additional requirements.

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2.14.00 INSTITUTIONAL DISTRICT (INST)

2.14.01 Purpose: The purpose of the Institutional (INST) District is to provide areas for the location,

maintenance, and preservation of public, semi-public and institutional lands and land uses.

2.14.02 Intent: The INST District is intended to implement and put into regulatory effect the “Institutional”

Future Land Use Map category as established in the Comprehensive Plan.

2.14.03 Location/Designation Criteria: Lands to be designated as, or re-zoned to, a INST district may

be located within or outside the Urban Development Area boundary. Public Lands districts may be

located within any Future Land Use Map category.

2.14.04 Permitted Uses: The following uses are permitted as of right in the INST district. All other uses

are prohibited.

1. Public or private schools.

2. Colleges and universities, licensed by the Department of Education.

3. Vocational and technical schools.

4. Buildings and lands owned, leased, or operated by a government agency.

5. Civic and community centers.

6. Police, Fire, and emergency medical services stations.

7. Public airports.

8. Public cemeteries.

9. Hospitals and medical centers.

10. Public utilities.

11. Solid waste transfer stations.

12. Correctional institutions.

13. Mines and borrow pits subject to Section 6.10.00.

14. Telecommunications towers and antennae.

15. Oil and gas pipelines.

16. Military installations.

17. Special lease uses.

18. State or national forests, recreation areas, or parks.

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19. Conservation lands.

20. Recreation uses or activities.

21. Places of worship.

22. Other related or similar public or quasi-public facilities.

23. Landfills.

2.14.05 Density/Intensity Standards: Residential density shall be no greater than four (4) dwellings per

acre outside the urban development area boundary (UDAB), and ten (10) dwellings per acre within the

UDAB. Density limitations shall not apply to college/university dormitories or correctional facilities.

Maximum impervious surface coverage shall be no greater than 65% and floor area ratio (FAR) shall be

no greater than 0.75. Building heights shall be no greater than 75 feet. See Sections 2.19.00 and 2.21.00

for possible additional requirements.

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2.15.00 RECREATION DISTRICT (REC)

2.15.01 Purpose: The purpose of the Recreation (REC) District is to provide areas for the location,

maintenance, and operation of public recreational lands, uses, or activities.

2.15.02 Intent: The intent of the REC District is to implement and put into regulatory effect the

“Recreation” future land use map category as established in the Comprehensive Plan.

2.15.03 Location/Designation Criteria: Lands to be designated as, or rezoned to, a REC District may be

located either inside or outside the urban development area boundary. Public recreation districts may be

located within any future land use category except Conservation in which case it must be demonstrated

that the permitted uses would be consistent with the intended purpose and function of the conservation

area involved. Private recreation uses are only allowed in the Agriculture and Commercial

future land use

categories.

2.15.04 Permitted Uses: The following uses are permitted as of right in the REC district.

This district is intended for lands devoted to public parks, playgrounds, and open spaces serving local,

community, and regional needs. Lands set aside for the private use of owners/residents in planned

developments, mixed use areas, or other unified developments are not necessarily included within this

district. Class I, II and III landfills, construction and demolition debris (C & D) landfills, solid waste transfer

stations, and all other types of solid waste disposal facilities are prohibited.

2.15.05 Bulk Regulations: No more than 85% impervious coverage and no more than 0.75 floor area

ratio. Building height shall be no more than 75 feet.

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2.16.00 RESERVED

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2.17.00 SCHEDULE OF BULK REGULATIONS

Non Residential Uses

Zoning District

Minimum

Lot Size

Maximum

Density

Minimum Building

Setbacks

Front Side Rear

Minimum

Lot

Frontage

Maximum

Building

Height * +

Maximum

Lot

Coverage

Impervious

Surface

Coverage

(ISC)

Maximum

Floor Area

Ratio (FAR)

AA

* Conditional

10 acres

1 acre *

1 du/10 acres

1 du/1 acre *

40’ 25’ 25’

25’ 10’ 10’

20’

50’

75’

55%

0.10

RR

* Conditional

5 acres

1 acre

½ acre

1 du/5 acres

1 du/1 acre *

2 du/1 acre *

20’ 10’ 10’

50’ *

20’ (for Cul-de

sac)

45’

55%

0.10

R-1

1 - North of Eglin AFB

2 - South of Eglin AFB

4 du/1 acre

1

5 du/1 acre 2

20’ 10’ 10’

20’

45’

55%

0.10

+ See Section 2.19.00

for additional building height restrictions

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Non Residential Uses

Zoning District

Minimum

Lot Size

Maximum

Density

Minimum Building

Setbacks

Front Side Rear

Minimum

Lot

Frontage

Maximum

Building

Height * +

Maximum

Lot

Coverage

Impervious

Surface

Coverage

(ISC)

Maximum

Floor Area

Ratio (FAR)

R-2

1 - Single-family

detached

2- -Single-family

attached (Townhouse,

minimum 2 units per

building)

3 - Duplex, triplex,

quadraplex

4 - Multi-family building

6 du/1 acre

1

16 du/1 acre 2

16 du/1 acre 3

16 du/1 acre 4

20’ 7.5’ 10’

20’ 10’ 10’

20’

45’

55%

0.10

SR

1 - Single-family

detached

2 - Single-family

attached (Townhouse,

minimum 2 units per

building)

3 - Duplex, triplex,

quadraplex

4 - Multi-family building

6 du/1 acre

1

16 du/1 acre 2

16 du/1 acre 3

16 du/1 acre 4

20’ 7.5’ 10’

20’ 10’ 10’

20’

45’

60%

0.25

+ See Section 2.19.00 for additional building height restrictions

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Non Residential Uses

Zoning District

Minimum

Lot Size

Maximum

Density

Minimum Building

Setbacks

Front Side Rear

Minimum

Lot

Frontage

Maximum

Building

Height * +

Maximum

Lot

Coverage

Impervious

Surface

Coverage

(ISC)

Maximum

Floor Area

Ratio (FAR)

R-3

1 - Single-family

detached

2 - Single-family

attached (Townhouse,

Minimum 2 units per

building)

3- Duplex, Triplex,

quadraplex

4- Multi-family building

5- Subject to approval by

the Aviation Advisory

Committee

8 du/1 acre

1

16 du/1 acre 2

16 du/1 acre 3

25 du/1 acre 4

20’ 10’ 10’

20’

200’

5

200’ 5

55%

0.10

55%

+ See Section 2.19.00

for additional building height restrictions

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Non Residential Uses

Zoning District

Minimum

Lot Size

Maximum

Density

Minimum Building

Setbacks

Front Side Rear

Minimum

Lot

Frontage

Maximum

Building

Height * +

Maximum

Lot

Coverage

Impervious

Surface

Coverage

(ISC)

Maximum

Floor Area

Ratio (FAR)

MU

Inside UDAB

Outside UDAB

1

- Subject to approval

by the Aviation Advisory

Committee

25 du/1 acre

4 du/1 acre

20’ 5’ 10’

20’ 10’ 10’

20’

200’ 1

45’

75%

50%

0.75

0.10

MU-1

As specified in

Comprehensive Plan

Future Land Use

Element Policy 10.1, 5

65%

0.75

MU-2

As specified in

Comprehensive Plan

future Land Use

Element Policy 10.1, 6

65%

0.75

C-1

subject to the density

limitations of the R-3

10’ 0’ 10’

75%

0.75

+ See Section 2.19.00

for additional building height restrictions

Non Residential Uses

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Zoning District

Minimum

Lot Size

Maximum

Density

Minimum Building

Setbacks

Front Side Rear

Minimum

Lot

Frontage

Maximum

Building

Height * +

Maximum

Lot

Coverage

Impervious

Surface

Coverage

(ISC)

Maximum

Floor Area

Ratio (FAR)

C-2

subject to the

density limitations of

the R-3

10’ 0’ 10’

45’

75%

0.75

C-3

subject to the

density limitations of

the R-3

10’ 0’ 10’

75’

85%

0.75

AC-.5

½ acre

2 du/1 acre

20’ 10’ 10’

80’

20’

(for

Cul-de sac)

45’

AC-1

1 acre

1 du/1 acre

20’ 10’ 10’

80’

20’

(for

Cul-de sac)

45’

I-1

Inside UDAB

Outside UDAB

10 du/1 acre

4 du/1 acre

100’

85%

0.75

I-2

100’

85%

0.75

INST

Inside UDAB

Outside UDAB

10 du/1 acre

4 du/1 acre

75’

65%

0.75

REC

75’

85%

0.75

+ See Section 2.19.00 for additional building height restrictions

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2.18.00 RESIDENTIAL DESIGN ALTERNATIVES

2.18.01 Purpose: The purpose of this section is to provide innovative and flexible residential

development design alternatives for the purposes of: promoting the development of housing that the

average household can afford; preserving open space and environmental resources; promoting the

economy and efficiency of development design, and; making more efficient use of public and/or private

infrastructure.

2.18.02 Design Alternatives: Design alternatives authorized by this section are:

1. Cluster subdivisions;

2. Zero-lot-line development;

3. Angled Z-lots, and;

4. Zipper lots.

2.18.03 Cluster Subdivisions: The cluster subdivision is intended to permit a reduction in lot area and

bulk regulations, provided there is no increase in the overall density of the development, so that the

remaining land area may be devoted to open space, recreation, or preservation of environmental

resources. The following requirements shall apply to cluster subdivisions.

1. Cluster subdivisions are allowed only in R-1, R-2, R-3

and Mixed Use zoning

districts.

2. Permitted/conditional uses and bulk regulations shall be the same as for the R-1, R-2, and R-3

zoning districts, except that setbacks may be reduced to a minimum 20 feet front, 10 feet rear,

and 5 foot sides to accommodate smaller lots.

3. Allowable density shall not exceed the allowable densities for the R-1, R-2

,

and R-3 zoning districts.

4. The subdivision must be located on one contiguous parcel of land.

5. A minimum of 25% of the overall parcel must be set aside for open space, public or private

recreation, or preservation of environmental resources. Any such reservations made in this

manner shall be in perpetuity through dedications, conservation easement, homeowner’s

association, restrictive covenants or other similar means.

6. Lot sizes outside the dedicated area may be reduced in size to the extent necessary to re-capture

the allowable density for the entire property involved provided, however, lot sizes shall not be

smaller than 5,000 square feet.

7. In the event a cluster subdivision property abuts or is adjacent to a less dense residential

subdivision the lots shall be clustered to the interior of the property or otherwise away from the

less dense subdivision so that the area to be preserved acts as a buffer area between the two.

2.18.04 Zero-Lot-Line Development: The zero-lot-line development concept shifts the house to one side

of a building lot with the primary yard space to the other side. This provides for smaller lots with greater

usable yard on each lot. The following requirements shall apply to zero-lot-line developments.

1. Zero-lot-line developments are allowed only in R-1, R-2, R-3 and MU

zoning districts.

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2. Permitted/conditional uses shall be the same as for the R-1 zoning district.

3. Allowable residential density shall be up to 8 dwelling units per acre.

4. Minimum lot size shall be 5,500 square feet.

5. Yard setbacks shall be: Front – 20 feet

Sides – 0 feet, 10 fee

[no portion of a building may extend across a property line]

Rear – 10 feet

6. Minimum lot frontage: Square or rectangular – 50 feet

Irregular or cul-de-sac – 20 feet

7. Maximum building height: 45 feet

8. In the event a zero-lot-line development abuts or is adjacent to a less dense residential

subdivision the lots shall be arranged so that the side of the lot where the yard is located shall

abut the less dense subdivision; and a fence, wall, berm, or vegetated buffer shall be installed

between the zero-lot-line development and the less dense subdivision.

2.18.05 Z-Lots and Angled Z-Lots: Angled Z-lots provide for a portion of opposite sides of the lot to be

placed on the lot line. An angled Z-lot tilts the lot 30 – 40 degrees to alternate side and front entry garage.

Requirements for angled Z-lots shall be the same as for zero-lot-line developments.

2.18.06 Zipper Lots: For zipper lots the rear lot line jogs back to vary the depth of the rear yard and to

concentrate usable open space on the side of the lot. The following requirements shall apply to zipper

lots.

1. Zipper lots are allowed only in R-1, R-2, R-3 and MU

zoning districts.

2. Permitted/conditional uses shall be the same as for the R-1 and R-2

zoning districts.

3. Allowable residential density shall be up to 8 dwelling units per acre.

4. Minimum lot size shall be 5,500 square feet.

5. Yard setbacks shall be: Front - 20 feet

Sides - 7.5 feet

Rear - 0 feet

6. Minimum lot frontage: Square or rectangular - 50 feet

Irregular or cul-de-sac - 20 feet

7. Maximum building height: 35 feet

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2.19.00 BULK REGULATIONS FOOTNOTES

Footnotes defining requirements:

1. In all zoning districts, the setback requirements from the mean high-water line (MHWL) do not

apply to boat docks, piers, bulkheads (seawalls) or boathouses. For principal structures on tidal

waterfront lots, the setback from the mean high-water line (MHWL) is fifty (50) feet.

2. The setback from any natural non-tidal waters shall be twenty-five (25) feet from the ordinary

high-water line. A vegetative buffer shall be retained as required by Chapter 6

of this ordinance.

a. For all buildings one or two stories in height which are less than thirty-five (35) in

height, the minimum side and rear yards indicated on the Schedule of Dimensional

Requirements shall apply. Buildings one or two stories in height utilized for

residential or multi-family purposes on the same lot shall be a minimum of ten (10)

feet apart.

b. For all buildings three (3) stories in height or greater than thirty-five (35), except

single-family detached dwellings, the minimum side setback shall be fifteen (15) feet

on each side and the minimum rear setback shall be twenty (20) feet and further;

buildings located on the same lot shall be a minimum of fifteen (15) feet apart.

c. For all buildings four or more stories in height the minimum side setback shall be

twenty (20) feet and increased by two (2) feet on each side for each story exceeding

four (4) stories, with a minimum twenty-five (25) foot rear yard setback required. All

setbacks to be unobstructed for access with construction and landscaping of

setbacks to be reviewed and recommended by the Fire Chief of the District involved.

All buildings four (4) or more stories in height, the distance apart on the same lot shall

be increased by two (2) feet for each story starting with the fourth story; with a

maximum of fifty (50) feet between buildings being required.

3. In all commercially zoned (C-1, C-2, and C-3

) districts for all buildings two (2) stories or less in

height, no side or rear yards are required except where the property line is contiguous with a

residential use; then a buffer or screen, as required in Section 6.05.07 shall be installed. Two (2)

or more buildings located on the same lot shall be a minimum ten (10) feet apart for one (1) or

two (2) story buildings.

4. Density Bonus for Affordable Housing:

a. When the developer of a housing project with five (5) or more units agrees to build at

least one-quarter (1/4) of a project’s units for persons and families of low or moderate

income, the County will grant a density bonus of at least twenty-five (25) percent more

units than normally allowed by the existing zoning of the property.

b. Specifically, “density bonus” means a density increase of at least twenty-five (25) percent

over the otherwise allowable residential density under the applicable zoning district.

c. Persons and families of low and moderate income are defined as those whose incomes

are less than eighty (80) percent of the median income in the area, adjusted for family

size.

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d. Affordable Housing projects shall receive expedited review as a minor development,

requiring Technical Review Committee and Board of County Commissioners approval

only.

e. The affordability of the identified housing units shall be secured by a restrictive covenant,

or deed restriction recorded prior to the issuance of a certificate of occupancy.

6. Compatibility Analysis: Requests to exceed the seventy-five (75) foot maximum height shall be

subject to a Compatibility Analysis consisting of the following items: (1) Type of use in relation to

established and stable land uses; (2) Building location, dimensions, Floor Area Ratio building

height and orientation; (3) Parking and access; (4) Traffic impacts of noise, hours and lighting; (5)

Light and air as they affect visibility and shadows; (6) Setbacks, buffers, including fences, walls,

landscaping and open space treatment.

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2.20.00 SPECIAL USES

2.20.01 Alcoholic Beverage Establishments:

1. General Provisions: It shall be unlawful to sell, or offer to keep for sale, alcoholic beverages

containing more than one percent (1%) of alcohol by weight in any place or establishment,

including a private club or bottle club, for which the appropriate Florida Department of Business

and Professional Regulation/Division of Alcoholic Beverages and Tobacco license has not been

issued.

2. Distance from churches, schools, cemeteries, residential zoning districts, and residential uses:

Except those vendors licensed in accordance with Section 561.422

. and non-profit civic

organizations permitted pursuant to Section 561.422,. and other exemptions provided herein, no

vendor of alcoholic beverages as described in (1.) above establishment licensed pursuant to (1.)

above for consumption on premises shall be located within one thousand five hundred feet

(1,500’) of a church, school, cemetery, residential zoning district or residential use. The distance

shall be determined by measuring a radius from the closest improved part of the property

(excluding stormwater treatment facilities and landscape buffers) supporting the alcoholic

beverage establishment to the nearest parcel of land on which occurs a school, church,

cemetery, residential zone, or residential use. If any portion of a parcel of land in use as a

residence lies within such radius, or if any portion of a parcel of land containing a church, school

or cemetery lies within the radius, or if a residential zone lies within the radius, then the

establishment shall be deemed to be within such distance. This methodology shall apply to all

distance measurements undertaken pursuant to

2.20.01.

3. Notwithstanding the requirements of 2, above, the following uses that serve or sell alcoholic

beverages for consumption on premises may be located closer than 1,500 feet of a church,

school, or cemetery, residential zoning district, or residential use:

a. Uses listed in sections 561.20(2) and (7), Fla. Stat

.;

b. Restaurants which do not qualify for the special State license (4COP-SRX) allowing on

premise consumption of beer, wine, and liquor may also be allowed provided the

following criteria are met:

i. except as provided in (5.), below, there is no outdoor serving of alcoholic

beverages within 300 feet of a residential use or zone;

ii. at no time will the kitchen be closed while the establishment is serving beverages

or other foods to customers, including private parties;

iii. no less than 51% of gross receipts are from the sale of non-alcoholic food and

beverages;

c. Private clubs that are included among the uses allowed in a master-planned community

or mixed use development at the time of approval when such approval was obtained

through a public hearing;

d. Yacht clubs; and

e. Uses authorized pursuant to Section 561.422

, Fla. Stat.;

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4. The provisions of Section 2.20.01 (3.) notwithstanding, the on-premise consumption of alcoholic

beverages at establishments licensed pursuant to A, above, shall be prohibited within 100’ of any

residential use or residential zoning district unless all of the following are met:

a. the use is a restaurant at which no less than 51% of gross receipts are from the sale of

non-alcoholic food and beverages,

b. alcohol is limited to beer and wine only,

c. there is no outside serving of alcoholic beverages, and

d. there is no service of alcohol after 10:00 PM Sunday through Thursday, or after 11:00 PM

on Friday and Saturday.

5. Notwithstanding (3.) and (4.), above, in order to facilitate in-fill development, mixed use

development, and re-development, alcoholic beverage establishments licensed pursuant to A,

above, may be allowed less than 100 feet from residential uses or residential zoning districts

when the only residential uses or zones within 100 feet from the proposed alcoholic beverage

establishment are authorized through the same development order, Master Plan Development

Order, Development Agreement, Development of Regional Impact Development Order, or

Planned Unit Development ordinance as the proposed alcoholic beverage establishment.

6. Outdoor serving of alcoholic beverages within 300 feet (measured using the same method as

provided in Section 2.20.01 (2.)

of a residential zone or use is permitted only through the granting

of a Special Exception as provided by Section 1.11.03 and Section 11.02.09 of this Code and

shall cease between the hours of 10:00 PM and 7:00 AM Central Time unless more restrictive

hours are established by the Board of Adjustment as a condition of approval of the special

exception.

7. All new applications for alcoholic beverage licenses at locations that have not previously been

occupied by an alcoholic beverage establishment within 300’ of a residential use or zone shall

include a compatibility analysis that illustrates consistency with applicable compatibility criteria

provided in the Comprehensive Plan, and which shall specifically include proposed hours of

operation.

8. The Growth Management Director or his/her designee, shall be responsible for verifying to the

Florida Division of Alcoholic Beverages and Tobacco or such other regulatory agencies,

compliance with the above requirements for a restaurant seeking the issuance of an alcoholic

beverage license. The Growth Management Director, or his/her designee, is authorized to

require that applicants provide all documentation (such as site plans, floor plans, lease

agreements, etc) necessary to verify compliance with the above requirements.

9. The above requirements are solely intended to determine whether a proposed food and beverage

establishment is consistent with zoning and other Okaloosa County codes. This part is not

intended, nor shall it be construed, to preempt, overrule, waive, or otherwise exempt any

proposed establishment from any other applicable federal, state, or local law or regulation. In the

event the provisions contained herein conflict with any other applicable federal, state, or local law

or regulation, the more stringent shall apply.

10. Uses in existence as of the effective date of this section shall not be rendered non-conforming by

these provisions, nor shall the provisions of this section preclude the reconstruction of an

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alcoholic beverage establishment following a disaster (fire, flood, etc), provided all other

applicable building, zoning, and other codes are met.

2.20.02 Animal Hospitals, Veterinary Clinics, Commercial Kennels and Businesses that Board

Animals:

1. Minimum setbacks: Any animal hospital, veterinary clinic, commercial kennel or business that

boards animals, which includes outside cages and runs, shall be located no closer than one

hundred (100) feet to a residence or residential zoning district boundary line, measured from the

outside of the building, cages or runs to the residential property or residential zoning district line,

and such line being measured from the nearest residential property or residential zoning district to

the closest building, cage or run.

2. Buffer Yard Required: The animal hospital, veterinary clinic, commercial kennel or business that

boards animals which includes outside cages or runs shall comply with buffer yard regulations

established in Chapter 6 of this Code. In addition to the buffer requirements in Chapter 6

, the

outside cages, runs or exercise yards shall be totally enclosed by a solid fence at least six (6) feet

in height.

2.20.03 Cemeteries:

1. "Cemetery" means a place dedicated to and used or intended to be used for the permanent

interment of human remains or cremated remains. A cemetery may contain land or earth

interment; mausoleum, vault, or crypt interment; a columbarium, ossuary, scattering garden, or

other structure or place used or intended to be used for the interment or disposition of cremated

remains; or any combination of one or more of such structures or places.

2. All cemeteries must comply with applicable law and rules including Chapter 497, Fla. Stat

. and

Rule 69-K, Fla. Admin. Code.

3. Cemeteries are allowed in AA, C-3, and INST

zoning districts. A family cemetery less than two

acres in size which does not sell or offer out burial spaces, rights, or merchandise may also be

allowed in the RR zoning district when:

a. a letter of no objection is obtained from all adjacent property owners for parcels one acre

or less;

b. the cemetery site is located no closer than 25 feet from any property line, and;

c. there is adequate ingress and egress to allow family members to visit the burial spaces.

2.20.04 Churches and Other Religious Institutions:

1. Regulations: All churches and other religious institutions shall comply with building setback, area

and height regulations set forth within each zoning district. Where a church or other religious

institution is proposed adjacent to a residential land use or vacant property within or contiguous to

a residential zoning district, there shall be a buffer as established in Chapter 6

between the

church and the surrounding property line.

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2. Off-street parking: Parking shall comply with the applicable regulation in Chapter 6. On-street

parking within five hundred (500) feet of the building, except in residential districts, may be used

toward fulfilling this requirement.

3. Lot coverage in residential districts: The maximum combined area of all principal and accessory

buildings shall not exceed thirty (30) percent of the site.

2.20.05 Public Schools and other Public Institutions

1. Public Schools and other public institutions are permitted in all zoning districts.

2. Minimum Site Area: For new public schools and other public institutions, the minimum lot size

shall comply with state standards.

3. Setbacks: All new public schools and public institutions shall have a front setback

4. of forty (40) feet, and side and rear setbacks of twenty-five (25) feet.

5. Reference Section 6.04

for parking requirements.

6. Reference Section 6.05

for landscaping and buffering requirements.

2.20.06 Private Airports; Residential Airparks

A. Private Airport

1. "Airport" means an area of land or water used for, or intended to be used for, landing and takeoff

of aircraft, including appurtenant areas, buildings, facilities, or rights-of-way necessary to facilitate

such use or intended use. "Private airport" means an airport, publicly or privately owned, which is

not open

or available for use by the public, but may be made available to others by invitation of

the owner or manager. Private airports may be allowed by special exception in AA, INST, and I-1

zoning districts subject to requirements specified herein.

2. All private airports must comply with the provisions of Chapter 330, Fla. Stat

. as well as any other

federal or state permits, licenses or authorizations. Any such authorizations must be obtained

prior to or as a condition of the granting of a special exception.

3. Uses and activities allowed within a private airport include the following:

a. Runway(s), taxiways, parking ramps, and hangars for the use of the licensee and

licensee invitees for the parking and storing of aircraft.

b. Residential dwellings provided that it does not constitute a subdivision as defined in

Chapter 177, Fla. Stat

., a copy of which is attached hereto. Noncommercial fuel facilities

for the not for profit use of the licensee and invitees, provided the facility is properly

permitted to meet health and safety standards.

c. Permitted and accessory uses as allowed by the applicable zoning district regulations.

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d. Activities essential to and commensurate with the operation of an airport, including but

not limited to flight instruction, aircraft storage, aircraft maintenance, aircraft fueling and

other activities appropriate at a private airport.

B. Residential Airparks

1. A Residential Airpark is a residential subdivision containing a private airport for the use of the

owner(s) and invitees. Residential airparks may be allowed by special exception in the AA

and

RR zoning districts subject to requirements specified herein.

a. All requirements for a private airport shall apply.

b. Any residential airpark shall be compatible with the established character of the

surrounding neighborhood and be of a scale and intensity that shall not result in an

adverse impact on residential uses in the surrounding neighborhood.

c. A legal entity shall be created to be responsible for ownership and maintenance of any

common space. The legal entity may be a property owner’s association, homeowner’s

association or other appropriate entity approved by the County. A document shall be

prepared and recorded which contains either restrictions or protective covenants. The

document shall be included with the recorded plat for the subdivision.

d. The following uses may be allowed within the airpark to be determined by the special

exception.

i. Single and multi-family dwelling units provided they do not exceed the Future

Land Use category density, and aircraft hangars on individual platted lots.

ii. Private runway(s), taxiway(s), and parking ramp(s) on designated common areas

or area under unified control of the subdivision.

iii. Noncommercial fuel facilities for the not for profit use of owners of platted lots

and invitees.

2.20.07 Dog Friendly Dining Establishments:

1. Pursuant to section 509.233(1), Fla. Stat

. there is hereby created a local exemption procedure to

certain provisions of the United States Food and Drug Administration Food Code, as amended

from time to time, and as adopted by the State of Florida Division of Hotels and Restaurants of

the Department of Business and Professional Regulation, in order to allow patrons’ dogs within

certain designated outdoor portions of public food service establishments, which exemption

procedure may be known as the Okaloosa County Dog Friendly Dining Program.

2. Definitions. As used in this section,

a. “Division” means the Division of Hotels and Restaurants of the State of Florida

Department of Business and Professional Regulation.

b. “Dog” means an animal of the subspecies Canis lupus familiaris

.

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c. “Outdoor area” means an area adjacent to a public food service establishment that is

predominantly or totally free of any physical barrier on all sides and above.

d. “Patron” has the meaning given to “guest” by section 509.013, Fla. Stat..

e. “Public food service establishment” has the meaning given it by section 509.013, Fla. Stat

f. “Planning Official” is the Director of the Department of Growth Management.

3. Permit Required; Submittals.

Applications for a permit under this part shall be made to the Planning Official, on a form provided

for such purpose by the Planning Official, and shall include, along with any other such information

deemed reasonably necessary by the Planning Official to implement and enforce the provisions

of this part, the following:

a. The name, mailing address, and telephone contact information of the permit applicant

and the subject food service establishment.

b. A diagram and description of the outdoor area to be designated as available to patrons’

dogs, including dimensions of the designated area; a depiction of the number and

placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to

the designated outdoor area; the boundaries of the designated area and of any other

areas of outdoor dining not available for patrons’ dogs; any fences or other barriers;

surrounding property lines and public rights-of-way, including sidewalks and common

pathways; and such other information reasonably required by the Planning Official. Any

dog-friendly dining area established pursuant to this part located on a property adjacent

to any public or private beach must be secured such that dogs cannot access the beach

from the premises. The diagram and description provided pursuant to this part shall

clearly illustrate and describe how dogs shall be prevented from accessing the beach.

The diagram or plan shall be accurate and to scale but need not be prepared by a

licensed design professional.

c. A description of the days of the week and hours of operation that patron’ dogs will be

permitted in the designated outdoor area.

d. All application materials shall contain the appropriate division issued license number for

the subject public food service establishment.

4. General Regulations; Cooperation; Enforcement; Penalty.

In order to protect the health, safety, and general welfare of the public, and pursuant to

section

509.233, Fla. Stat. all permits issued pursuant to this part are subject to the following

requirements:

a. All public food service establishment employees shall wash their hands promptly after

touching, petting, or otherwise handling any dog. Employees shall be prohibited from

touching, petting, or otherwise handling any dog while serving food or beverages or

handling tableware or before entering other parts of the public food service

establishment.

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b. Patrons in a designated outdoor area shall be advised that they should wash their hands

before eating. Waterless hand sanitizer shall be provided at all tables in the designated

outdoor area.

c. Employees and patrons shall be instructed that they shall not allow dogs to come into

contact with serving dishes, utensils, tableware, linens, paper products, or any other

items involved in food service operations.

d. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under

reasonable control.

e. Dogs shall not be allowed on chairs, tables, or other furnishings.

f. All table and chair surfaces shall be cleaned and sanitized with an approved product

between seating of patrons. Spilled food and drink shall be removed from the floor or

ground between seating of patrons.

g. Accidents involving dog waste shall be cleaned immediately and the area sanitized with

an approved product. A kit with the appropriate materials for this purpose shall be kept

near the designated outdoor area.

h. At least one sign reminding employees of the applicable rules, including those contained

in this part, and those additional rules and regulations, if any, included as further

conditions of the permit by the Planning Official, shall be posted in a conspicuous location

frequented by employees within the public food service establishment. The mandatory

sign shall be not less than eight and one-half inches in width and eleven inches in height

(8 ½ x 11) and printed in easily legible typeface of not less than twenty (20) point font

size.

i. At least one sign reminding patrons of the applicable rules, including those contained in

this part, and those additional rules and regulations, if any, included as further conditions

of the permit by the Planning Official, shall be posted in a conspicuous location within the

designated outdoor portion of the public food service establishment. The mandatory sign

shall be not less than eight and one-half inches in width and eleven inches in height (8 ½

x 11) and printed in easily legible typeface of not less than twenty (20) point font size.

j. At all times while the designated outdoor portion of the public food service establishment

is available to patrons and their dogs, at least one sign shall be posted in a conspicuous

and public location near the entrance to the designated outdoor portion of the public food

service establishment, the purpose of which shall be to place patrons on notice that the

designated outdoor portion of the public food service establishment is currently available

to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than

eight and one-half inches in width and eleven inches in height (8 ½ x 11) and printed in

easily legible typeface of not less than twenty (20) point font size.

k. Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of

the public food service establishment, and ingress and egress to the designated outdoor

portions of the public food service establishment shall not require entrance into or

passage through any indoor or undesignated outdoor portion of the public food service

establishment.

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l. A permit issued pursuant to this part shall not be transferred to a subsequent owner upon

the sale or transfer of a public food service establishment, but shall expire automatically

upon such sale or transfer. The subsequent owner shall be required to reapply for a

permit pursuant to this part if such owner wishes to continue to accommodate patrons’

dogs.

m. In accordance with section 509.233(6), Fla. Stat

. the Planning Official shall accept and

document complaints related to the Dog Friendly Dining Program within the County, and

shall timely report to the division all such complaints and the County’s enforcement

response to such complaint. The Planning Official shall also timely provide the division

with a copy of all approved applications and permits issued pursuant to this part.

n. Any public food service establishment that fails to comply with the requirements of this

part shall be guilty of violating this part of the Land Development Code and shall be

subject to any and all enforcement proceedings consistent with the applicable provisions

of the Code and general law.

2.20.08 Tall Structures:

In zoning districts where tall structures and/or temporary or permanent obstacles are permitted, structures

and/or temporary or permanent obstacles in excess of one hundred (100) feet will be required to obtain

determination of “No Hazard to Aviation” from the Federal Aviation Administration, be submitted to the

Aviation Advisory Committee and the Planning Commission for recommendation, and the applicant must

obtain final approval from the Board of County Commissioners.

2.20.081 Towers and Telecommunications Facilities:

Purpose: The general purpose of this section is to regulate the placement, construction and

modification of towers and telecommunication facilities in order to protect the health, safety and

welfare of the public. The specific purposes of this section are:

1. To regulate the location of towers and telecommunications facilities in the County;

2. To protect residential areas and land uses from potential adverse impact of tower and

telecommunications facilities;

3. To minimize adverse visual impact of towers and telecommunications facilities through

careful design, siting, landscaping, and camouflaging techniques;

4. To promote and require shared use and co-location of towers and antenna support structures

as opposed to the construction of additional single-use towers;

5. To avoid potential damage to property caused by towers and telecommunications facilities by

ensuring that such structures are sound and carefully designed, constructed, modified,

maintained and removed when no longer used or determined to be structurally unsound;

6. To ensure that towers and telecommunications facilities are compatible with surrounding land

uses, and their location and height do not interfere with or degrade the U.S. military mission

or activities, and

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7. To facilitate the provision of wireless telecommunications services to the residents and

businesses of the County in an orderly fashion.

Definitions: The following words, terms and phrases, when used in this section shall have the

meanings ascribed to them in this section, except where the context clearly indicates a different

meaning:

1. Antenna Array: means one or more rods, panels, discs or similar devices used for the

transmission or reception of radio frequency signals, which may include omni-directional

antenna (rod), directional antenna (panel), or parabolic antenna (disc), but does not include

the support structure.

2. Applicant: means any person that applies for a tower development permit.

3. Application: means the process by which an applicant submits a request to develop,

construct, build, modify or erect a tower. Application includes all written documentation,

verbal statements and representations, in whatever form or forum, made by an Applicant to

the County concerning a request.

4. CMRS: means Commercial Mobile Radio Services, as defined in §704 of the

Telecommunications Act of 1996, which includes cellular, personal communications,

specialized mobile radio, enhanced specialized mobile radio, and similar services that

currently exist or that may in the future be developed.

5. Co-location or Co-locate: means the use of a tower by two (2) or more CMRS license

holders or by one CMRS license holder for more than one type of communications

technology.

6. Engineer: means any engineer licensed by the State of Florida. Radio frequency engineers

do not have to be licensed by the State, however their qualifications must include specific

experience in the field and employment or retention by the telecommunications provider in a

professional, technical capacity.

7. Owner: means any person with fee title, or with written permission from a person with fee

title, to any plot of land within the County who desires to develop, construct, build, operate,

modify or erect a tower upon such land.

8. Person: is any natural person, firm, partnership, association, corporation, company or other

legal entity, private or public, whether for profit or not-for-profit.

9. Telecommunications Facility: means any cables, wires, lines, wave guides, antennas and

any other equipment or facilities associated with the transmission or reception of

communication which a person seeks to locate or has installed upon or near a tower or

antenna support structure. However, the term “telecommunications facilities” shall not

include:

a. Any satellite earth station antenna two (2) meters in diameter or less which is located

in an area zoned for industrial or commercial uses; or

b. Any satellite earth station antenna one (1) meter or less in diameter, regardless of

zoning category.

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10. Tower: means a self-supporting lattice, guyed or monopole structure constructed from grade

which supports telecommunications facilities.

Applicability:

1. Towers and telecommunications facilities for which a permit has been issued prior to the

effective date of this section shall not be required to meet the requirements of this section,

except as provided herein.

2. This section shall not govern the installation of any amateur radio facility that is owned and

operated by a federally licensed amateur radio station operator or is used exclusively for

receive-only antennas.

3. In the event of any conflict or inconsistency between this Section and Subsection

365.172(11), Fla. Stat

the applicable statutory provision shall control and govern.

Applications: Applications shall comply with the following when requesting to construct or erect a

tower or place or locate a telecommunications facility or alteration or extension of an existing tower or

telecommunications facility thereupon, an owner must submit and obtain approval of an application.

Applications shall include:

1. The name, address and telephone number of the owner and lessee of the parcel of land upon

which the tower is proposed to be situated. If the applicant is not the actual owner of the

parcel of land upon which the tower is proposed to be situated, the written consent of the

actual owner shall be included with the application.

2. The legal description, parcel identification number and address of the parcel of land upon

which the tower is proposed to be situated.

3. The names, addresses and telephone numbers of all owners of other towers or usable

antenna support structures within a one half (1/2) mile radius of the proposed tower site.

4. Written documentation that the applicant made diligent, but unsuccessful efforts for a

minimum of thirty (30) days prior to submission of the application to install or co-locate the

applicant’s telecommunications facility on towers or usable antenna support structures

located within a one-half (1/2) mile radius of the proposed tower site or written, technical

evidence from a registered professional engineer that the proposed tower or

telecommunications facility cannot be installed or co-located on another tower or usable

antenna support tower site, and must be located at the proposed site in order to meet

coverage requirements of the applicant’s wireless communication system.

5. Written, technical evidence from a registered professional engineer that the proposed

structure meets the standards set forth in this article.

6. Written, technical evidence from a registered professional engineer that the proposed site of

the tower and telecommunications facility does not pose a risk of explosion, fire or other

danger due to its proximity to volatile, flammable, explosive or hazardous materials.

7. Written evidence that the tower and telecommunication facility are in compliance with Federal

Aviation Administration regulations. Where an antenna array will not exceed the highest

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point of an existing structure upon which the array is to be mounted, such evidence shall not

be required.

8. Written, technical evidence from a registered professional engineer that construction and

placement of the tower and telecommunications facility will not interfere with public safety

communications and the usual and customary transmission or reception of radio and

television service enjoyed by adjacent residential and non-residential properties.

9. A certification from a registered professional engineer documenting the co-location capability

of the applicant’s proposed tower.

10. A map showing the location of the proposed tower and the applicant’s existing network and

proposed construction and tower location plans in Okaloosa County for the next twelve 12

months.

Height and Co-location: Towers will only be allowed in those districts where they are permitted (AA,

C-2, C-3, I-1, INST

), and shall comply with the following;

1. Except as provided in this code, a tower shall be permitted to a height of up to one hundred

(100) feet.

2. Towers which have co-location of two (2) or more licensed carriers shall be permitted to a

height of up to one hundred eighty (180) feet in the C-2 and C-3 zoning districts meeting the

setback requirement in Paragraph E below, towers in excess of one hundred eighty (180) feet

and up to a maximum height of three hundred thirty (330) feet shall be permitted in the AA

and I-1 zoning districts, provided they have co-location ability and present commitment letters

from a minimum of three (3) licensed carriers at the time of application for review and

approval provided they are situated on a site a minimum of ten thousand (10,000) sq. ft. with

setbacks not less than five hundred (500) feet from the nearest existing residence unless

waived by the residential property owner. In that case, the minimum setback shall be one

hundred (100) percent of the tower height.

3. Antenna arrays shall not rise more than twenty (20) feet above the height of the tower or

antenna support structure.

4. New tower construction shall be required to provide co-location for a minimum of three (3)

licensed carriers. A tower shall be deemed to have co-location ability if its design is certified

by the registered professional engineer as being appropriate for co-location and the applicant

certifies that it is prepared to offer adequate space on the tower to others on commercially fair

and reasonable terms. An applicant’s requirement to provide adequate space on its tower for

co-location may be subject to the following factors (a) structural engineering capabilities,

taking into account planned future use by the applicant and municipal emergency services,

(b) radio frequency inter-modulation acceptance, (c) the acknowledgement of other CMRS

licensees wishing to co-locate on applicant’s tower to permit applicant to co-locate on a

reciprocal basis.

Setbacks:

1. All towers shall be designed, sited, and erected so that the tower will be set back a minimum

of 100 percent of the height of the proposed tower from the property line of any property

zoned for residential use or used for residential purposes, OR; the proposed tower will be

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designed, sited and erected within a specified “fall radius” which is totally within the

boundaries of the property where the tower is located, such fall radius to be certified and

sealed by a registered structural engineer.

2. Antenna arrays for antenna support structures are exempt from the setback standards of this

section and from the setbacks for the zone in which they are located. However, such

antenna arrays may extend no more than five (5) feet horizontally beyond the vertical plane

of the outer edge of the antenna support structure.

Separation: Proposed towers shall be separated from all other existing towers by a minimum of

seven hundred and fifty (750) feet, except where a tower field or antenna farm has been established

and the proposed tower can be safely located within the boundaries, the separation requirements

may be reduced, if approved by the County.

Illumination: Towers shall be lighted as required by the Federal Aviation Administration (FAA).

Further, unless prohibited by the FAA, towers for which illumination is not otherwise required by the

FAA shall have a beacon light placed at the top of the tower. To the extent allowed by the FAA, all

lighting and beacons upon a tower which, at the time of commencement of construction, shall be

erected with shields mounted underneath the lights or beacons in such a manner so as to obstruct

the view of lights or beacons from the ground.

Structural Requirements: Towers must be constructed in accordance with Electronic Industries

Association/Telecommunication Industries Association (EIA/TIA) 222 Revision F Standard entitled

“Structural Standards for Steel Antenna Towers and Antenna Supporting Structures”

(or equivalent),

as it may be updated or amended. All towers must be constructed of approved corrosion and

resistant noncombustible material. All towers must be permanently and effectively grounded. All

towers must be located and equipped with step bolts and ladders so as to provide ready access for

inspection purposes.

Maintenance:

1. Owners shall at all times employ ordinary and reasonable care and shall install, maintain and

use nothing less than commonly accepted methods and devices for preventing failures and

accidents which are likely to cause damage, injuries, or nuisances to the public.

2. Owners shall install and maintain towers and telecommunications facilities in substantial

compliance with the requirements of the National Electric and Safety Code and all FCC, state

and local regulations.

3. All towers, telecommunications facilities and antenna support structures shall at all times be

kept and maintained in good condition, order and repair so that the same shall not menace or

endanger the life property of any person.

4. In the event the use of a tower is discontinued by the owner, or if the owner ceases to

operate the tower, the owner shall provide written notice to the County of its intent to

discontinue use or cease operations, and the date when the use shall be discontinued.

Aesthetic Considerations:

1. All towers not requiring FAA painting or marking, shall have an exterior finish which enhances

compatibility with adjacent uses.

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2. Antenna arrays attached to antenna support structures which are significantly viewable to

adjacent residences shall be designed so as to blend in with existing structures to the extent

feasible, including placement in a location which is consistent with proper functioning of the

telecommunications facility, and the use of compatible or neutral colors.

3. Antenna arrays attached to antenna support structures which are significantly visible to

adjacent residences, which have aesthetic impacts that are not able to be reasonably

mitigated by placement or color solutions, can be required to be screened in a reasonable

and achievable manner, provided that such screening does not intentionally increase the

costs of constructing, erecting, and installing the antenna arrays.

4. All new tower bases, guy anchors, outdoor equipment, accessory buildings and accessory

structures erected for use in connection with towers and telecommunication facilities shall be

required to meet the minimum setback requirements established for the district in which they

are located, and be visually screened to a height of at least eight (8) feet by trees, large

shrubs, solid walls and/or fences, or as required by Section 6.05.074

.

Removal of Abandoned Facilities: A tower and/or telecommunication facility that is not operated

for a continuous period of twelve (12) months shall be considered abandoned, and the owner thereof

shall remove the same within ninety (90) days of abandonment or discontinuation of use. If such

tower or telecommunication facility is not removed within said ninety (90) days, the County may

remove such tower or telecommunications facility at the owner’s expense. If there are two or more

users of a single telecommunications facility, then this provision shall not become effective until all

users cease using the tower or telecommunications facility.

Inspections: The County and its agents shall have the authority to enter onto the property upon

which a tower is located, between the inspections and certifications required above, to inspect the

tower for purposes of determining whether it complies with all applicable laws and regulations. The

County reserves the right to conduct such inspections at any time, upon reasonable notice to the

owner. All expenses relating to such inspections by the County shall be upon the owner.

Nonconforming towers and telecommunication facilities: Towers and telecommunications

facilities in existence as of the effective date of this section that do not comply with the requirements

of this section are subject to the following:

1. Nonconforming towers and telecommunication facilities may continue in use for the purposes

now used, but may not be expanded without complying with this ordinance, except as

provided in this section

2. Nonconforming towers and telecommunications facilities may add additional antennas

belonging to the same carrier or other carriers, subject to administrative review otherwise

applicable to the addition and erection of antenna arrays

3. Nonconforming towers and telecommunication facilities which are hereafter damaged or

destroyed due to any reason or cause may be repaired or restored to their former use,

location and physical dimension subject to obtaining a building permit therefore ,but without

otherwise complying with this section.

4. The owner of any nonconforming tower and telecommunications facility may replace, repair,

rebuild and/or expand such tower and telecommunication facility in order to improve the

structural integrity of the facility, to allow the facility to accommodate co-location, or to

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upgrade the facility to current engineering, technological or communications standards,

without having to conform to the provisions of this section, so long as the facilities are not

increased in height and setbacks are not decreased.

2.20.082 Residential: The height limitations contained in the Schedule of Dimensional Requirements do

not apply to spires, belfries, cupolas, non commercial radio/television antennas, water tanks, ventilators,

chimneys, or other appurtenances usually required to be placed above the roof level and not intended for

human occupancy.

2.20.083 Exemption:

1. Amateur Radio antennas shall conform to the Federal Communication Commission

regulations and are exempted from requirements of this code regarding placement, screening,

and height pursuant to

Section 125.561, Fla. Stat.

2. Towers erected by government agencies for the purpose of official communication and emergency

response such as law enforcement, emergency medical service, evacuation, or national security are

essential public infrastructure and are allowed in any zoning district. Towers constructed pursuant to this

exemption shall be approved through the issuance of a building permit and development permit and shall

not be required to receive a development order or approval by the Planning Commission or Board of

County Commissioners.

A. At the time of application for a building permit, the following documentation shall accompany the

building permit application submitted to the Growth Management Department which shall be

reviewed by the Planning Division concurrent with the review of the building permit application

conducted by the Inspections Division:

1. The name, address and telephone number of the owner and lessee of the parcel of land upon

which the tower is proposed to be situated. If the applicant is not the actual owner of the parcel

of land upon which the tower is proposed to be situated, the written consent of the actual owner

shall be included with the application.

2. The legal description, parcel identification number and address of the parcel of land upon which

the tower is proposed to be situated.

3. Written, technical evidence from a licensed professional engineer that the proposed site of the

tower and telecommunications facility does not pose a risk of explosion, fire or other danger due

to its proximity to volatile, flammable, explosive or hazardous materials.

4. Written evidence that the tower and telecommunication facility will be constructed in compliance

with Federal Aviation Administration regulations. Towers 100 feet or more in height shall be

required to obtain a determination of "No Hazard to Air Navigation" from the Federal Aviation

Administration and shall also be submitted to the Aviation Advisory Committee for review and

comment prior to the submittal of permit applications to the Growth Management Department.

Where an antenna array will not exceed the highest point of an existing structure upon which the

array is to be mounted, such evidence shall not be required.

5. Written, technical evidence from a licensed professional engineer that construction and

placement of the tower and telecommunications facility will not interfere with radio, television, or

commercial wireless communication service enjoyed by adjacent residential and non-

r

esidential

properties.

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6. A study performed by a licensed professional engineer specific to the proposed location

demonstrating that the proposed height of the tower is the minimum necessary to serve the

intended public services. Sections 3.09.03 and 3.09.04 of the Land Development Code

notwithstanding, the height of the emergency response tower may exceed the height identified in

the 2006 Air Installation Compatible Use Zone Study for Eglin Air Force and the Eglin Joint Land

Use Study Final Report dated June 2009 if the FAA issues a determination that the tower does

not constitute a hazard to air navigation. In no case shall the height of a proposed tower or

antenna array exceed 75 feet on Okaloosa Island.

B. The Growth Management Department shall issue the requested permits upon determination that

the application is in compliance with the Florida Building Code and meets the following conditions:

1. Applications for towers 100 feet or more in height have received a determination of "No Hazard

to Air Navigation" from the Federal Aviation Administration.

2. The height of the tower shall be limited to the height identified pursuant to A.6., above.

3. The tower shall be located no closer to any property line than the radius of the fall zone as

identified in an engineering analysis signed and sealed by a licensed structural engineer plus

10%.

C. A Level IV landscape buffer shall be installed along any property line abutting a residential zoning

district or residential use, and the site shall be fenced and secured against unlawful entry.

2.20.084 Okaloosa Island: Any proposed tall structure or temporary or permanent obstacle on Okaloosa

Island shall comply with Okaloosa Island (Santa Rosa Island) Protective Covenants and Restrictions.

2.20.09 Aircraft Restricted Zone

2.20.091. Purpose: Protect the public health, safety, and welfare by reducing potential conflicts between

aircraft operations and lawful water-related recreational activities such as boating, fishing, swimming, etc.

due to intense and extensive boating activity and water-related recreational use, vessel traffic congestion,

obstructed visibility, danger of crash and collision, frequency and occurrence of boating accidents, and

availability of other areas for aircraft operations.

2.20.092 Aircraft Defined: For purposes of this subsection “aircraft” means a device that is used or

intended to be used for flight in the air. This specifically includes: hang gliders, parasail rides, hot air

balloons, helicopter rides, seaplane rides, glider excursions, and similar operations.

2.20.093 Restrictions: Within the zone shown on Exhibit 1A the departure and takeoff or arrival and

landing of any aircraft as defined herein shall be prohibited. This includes any such departure and takeoff

or arrival and landing conducted from the water, a vessel, barge, platform, floating structure or other

similar means. This restriction relates strictly to control over ground space and is not intended in any way

to regulate aircraft safety, navigable airspace, aircraft noise, aircraft in flight, vessel equipment

performance or safety standards, or the operation of vessels.

2.20.094 Exemptions: The provisions of this section shall not apply to public aircraft, those of the federal

government, state or political subdivision hereof, or any tax district, city, county, mosquito control district,

or the emergency use of helicopters while such aircraft are providing services to the citizens, nor shall this

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section apply to publicly or privately owned helicopters serving as ambulances, or search and rescue

vehicles, or when in use for police, fire, or public service or like duties.

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2.20.10 MEDICAL MARIJUANA

DISPENSARIES

The operation of medical marijuana dispensing facilities or treatment centers

shall

comply

with the following performance

standards:

(1) Dispensing. Dispensing by payment for and receipt of

medical

marijuana

shall only be allowed within the facility of a properly registered

medical

marijuana dispensing facility or treatment center, except that this

provision

shall

not be construed to prohibit delivery to a qualifying patient

or caregiver

registered

with the State of

Florida.

(2) No drive through service or mobile vendor. No medical

marijuana

dispensing facility or treatment center shall have a drive through or drive

in

service

aisle. Medical marijuana shall not be dispensed, paid for and

received via

the

method of mobile vending. All dispensing, payment

for and receipt of

products

shall occur from inside the medical marijuana

dispensing facility or

treatment

center; provided however, this provision

shall not be construed to prohibit

delivery

of medical marijuana to a

qualified patient, as permitted

by

state law or

rule.

(3) On-site consumption of medical marijuana. The consumption

of

medical

marijuana is prohibited within a medical marijuana dispensing facility

or

treatment center, or anywhere on the premises outside of the facility,

including,

but

not limited to the parking areas, sidewalks, or rights-of-way

surrounding the

facility

or

center.

(4) So

le use. The sole use permitted on the premises of any medical marijuana

dispensing facility or treatment center shall be limited to those uses

permitted by Florida law and county regulations. No other goods or services

shall be provided or sold, and no additional activities shall be

conducted

on the

site which are not authorized by this section. As used in this part,

"premises"

may include an individual stall in a multi-tenant commercial building (e.g., a

stall in a strip mall).

(

5) Separation distances. No medical marijuana dispensing facility or treatment

center shall operate within five hundred feet (500') feet of any pre- existing

public or private elementary, middle, or secondary school, located in either

unincorporated or incorporated Okaloosa County. For purposes of this

section, distance shall be determined by measuring a radius from the closest

improved part of the property (excluding stormwater treatment facilities and

landscape buffers) supporting the marijuana dispensing facility or treatment

center

to the nearest parcel of land on which occurs the school. If any portion

of a parcel of land containing a pre-existing school lies within the radius, then

the dispensing facility or treatment center shall be deemed to be within such

distance.

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(6) Prohibited Activities. Any other activity related to preparation, wholesale

storage, distribution, transfer, cultivation, or processing of any form of

marijuana or marijuana product not specifically authorized by the license

issued by the Florida Department of Health to the dispensing organization

for the subject facility or center.

(7) Business Tax Receipt Requirement: Owners or ownership entities of

medical marijuana dispensing facilities or treatment centers licensed by the

Florida Department of Health, must obtain a Business Tax Receipt from the

Okaloosa County Tax Collector for such use.

(8) Compliance with other laws. Medical marijuana dispensing facilities or

treatment centers shall at all times be in compliance with all applicable state

and local laws and regulations. In the event of a conflict between the

provisions of state law and this Ordinance, then the provisions of state law

shall control.

(9) Enforcement. The provisions of Section 2.20.10 may be enforced by the

Code Enforcement Division of the Okaloosa County Growth Management

Department or by the Okaloosa County

Sheriffs

Office. Nothing herein

shall preclude or limit the ability of the Okaloosa

Sheriffs

Office or any

other law enforcement entity from pursuing any action authorized by law.

2.21.00 ACCESSORY USES AND STRUCTURES

2.21.00 Purpose: Provide guidelines and standards for those uses and structures that may be

customarily incidental or commonly associated with permitted uses as may be appropriate to maintaining

the purpose and integrity of any particular zoning district.

2.21.01 Applicability: Accessory uses and structures are a permitted use on any lot or parcel when such

use is customarily incidental and commonly associated with a principal permitted use as may be specified

in any particular zoning district. A finding of whether or not a use or structure is customarily incidental to

or commonly associated with a permitted use shall be supported by the following:

1. the use is so necessary or commonly to be expected that it cannot be supposed that the zoning

regulations were intended to prevent it, and;

2. consideration of the impact upon the surrounding area and the zoning district involved. Any range

of accessory uses and structures may be permitted when it has been commonly, habitually, and

by long practice established that such uses and structures are reasonably related to, and

associated with, a principal permitted use. The requirements specified herein are not intended to

apply to temporary uses and structures.

2.21.02 Residential Accessory Uses and Structures: The following accessory uses and structures are

considered commonly associated with residential uses.

1. The following are permitted on lots or parcels in R-1, R-2, R-3, SR and MU

zoning districts.

a. Private, freestanding garage or carport;

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b. Fence (except barbed wire, razor wire, glass-topped or other similar type not commonly

associated with residential use);

c. Storage shed;

d. Freestanding deck, patio;

e. Dock or pier;

f. Swimming pool and enclosure, pool house;

g. Gazebo, cabana;

h. Vegetable or ornamental garden;

i. Playhouse;

j. Television or radio antennae;

k. Keeping of domesticated animals as pets;

l. Guest house;

m. Garage apartment.

n. Home occupation/office;

o. Home or kitchen garden;

p. Other similar uses and structures.

2. The following are permitted as part of an overall residential neighborhood or development and as

part of a mixed use development or multi-family building development in R-1, R-2, R-3, SR

and

MU zoning districts.

a. Recreation areas including playgrounds, fields, courts, trails, etc.;

b. Community center, club house;

c. Community parking area or garage;

d. Vehicle/boat storage area;

e. Maintenance facilities and yards;

f. Security gates, guard house;

g. Docks or piers, private marina;

h. Golf course, including club house, pro shop, and restaurant;

i. Identification and directional signs;

j. Business office;

k. Dumpsters;

l. Home or kitchen garden;

m. Other similar uses and structures.

2.21.03 Nonresidential Accessory Uses and Structures: Commercial accessory uses and structures

commonly associated with commercial, industrial, or institutional permitted uses are permitted in C-1, C-2,

C-3, I-1, I-2, and INST zoning districts as follows.

1. Drive-up/through windows;

2. Automatic tellers, kiosks;

3. Vehicle/equipment storage areas;

4. Dumpsters;

5. Facilities operated primarily for the convenience of employees, clients, or customers of a

permitted principal use which is operated as an integral part of such use and does not create a

separate business or commercial activity;

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6. Home or kitchen garden;

7. Other similar uses and structures.

2.21.04 Agriculture Accessory Uses and Structures: Agriculture accessory uses and structures

commonly associated with agricultural permitted uses are permitted in the AA

zoning district as follows.

1. General Agriculture: Barn; stable; keeping farm animals, livestock, poultry, bees

(see paragraph

10); produce/vegetable stand; equipment and storage shed; silo; windmill; fuel tank; water tank;

poultry house; animal pen; irrigation devices, and; other similar uses.

2. Conservation, Outdoor Recreation, Public/Institutional: Uses and structures commonly associated

with these permitted uses.

2.21.05 Limitations and Restrictions: Permitted accessory uses and structures shall be subject to the

following limitations and restrictions.

1. No accessory use or structure shall be installed, constructed, or placed so as to prevent the safe

use of any driveway, or to cause a vision obstruction in any intersection vision triangle, or

otherwise create a hazard by obstructing the view of pedestrians, cyclists, or motorists.

2. Accessory uses or structures located in side or rear yards shall be no closer than five (5) feet to

any property line, except as otherwise specified herein.

3. Accessory uses and structures located in front yards must conform to the front minimum building

setback requirement for the zoning district in which it is located, except as otherwise specified

herein.

4. Fences: Fences are permitted in any zoning district subject to the following restrictions.

a. Fences may be installed or constructed along or within any property line.

b. Fences must be constructed using customary fencing materials such as wood, metal,

wire, or masonry.

c. Use of barbed wire, razor wire, or chicken wire is prohibited in residential districts.

d. Fences shall not exceed eight (8) feet in height.

e. No fence shall be placed across any public right-of-way or public easement unless

permission isvgranted by the agency of jurisdiction.

f. Certain uses may be subject to state fencing laws including, but not be limited to: game

preserves (s. 379.302, F.S.); open pits (s. 768.10

, F.S.); waste disposal (s. 62-701, FAC);

junkyards (s. 339.241, F.S.); swimming pools (Ch. 515, F.S.); livestock fences (Ch. 588,

F.S.).

5. Dumpsters: Dumpsters are permitted in all zoning districts except R-1 and R-2

subject to the

following restrictions.

a. Temporary construction dumpsters are permitted in R-1 and R-2

zoning districts.

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b. Dumpsters may be located on single-family, detached dwelling unit lots for construction

purposes only. The dumpster(s) must be removed upon completion of construction.

c. All dumpsters must be screened from view of adjoining property owners and streets at

first floor level. Dumpsters shall be screened on at least three (3) sides. Temporary

construction and demolition debris dumpsters are exempted from the screening

requirement.

d. All dumpsters shall be located off the public right-of-way, on a paved pad or hard surface

and vehicular access shall be paved or improved with a stable surface.

e. The following structures may be permitted as screening for dumpsters.

i. Wood Fence.

ii. Concrete block and stucco wall, masonry wall, brick wall, or walls of similar

material.

iii. Vegetative screening shall comply with Section 6.05.07

.

f. Dumpsters may be permitted within the building setback area provided there is no

obstruction of vision of adjacent streets.

g. Screening for dumpsters shall be exempted from height limitations for fences provided

there is no obstruction of vision of adjacent streets.

h. Screening of dumpsters shall be exempted in the Industrial Protected (IP) Zoning District

if the dumpsters are located greater than two hundred feet (200) from residentially zoned

or used property and are not located within front yards, Agricultural Districts, or during

construction in all other zoning districts.

6. Guest House/Garage Apartment: Guest houses and garage apartments are permitted in all

zoning districts subject to the following restrictions.

a. No more than one guest house shall be permitted on any lot or parcel.

b. Guest houses are to be detached from the principal dwelling unit but may be connected

by a covered walkway.

c. The guest house shall not exceed the total square footage of the principal structure

located on the lot.

7. Storage Sheds: Storage sheds are permitted in all zoning districts subject to the following

restrictions.

a. Storage sheds must be located in side or rear yards in any residential zoning district.

b. Vehicles, recreational vehicles, manufactured homes, mobile homes or truck trailers shall

not be used as storage sheds.

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8. Swimming Pools: Swimming pools and associated enclosures are permitted in any zoning district.

All swimming pools must be located and constructed in compliance with applicable law including

the Florida Statue

Ch. 515, F.S. and the Florida Building Code, Ch. 41 (Residential) and Ch. 424

(Commercial).

9. Home Occupation:

The standards for home occupations are intended to ensure compatibility

with other permitted uses and with the residential character of the neighborhood. No home

occupation shall be permitted which might interfere with the general welfare of the

surrounding area due to potential noise, increased pedestrian or vehicular traffic or might

entail any other condition which would constitute an objectionable use of residential property.

Home occupations shall be allowed in any zoning district which permits residential dwellings

as a principal permitted use or as a special exception use, provided the following criteria are

met upon review by the planning staff:

a. Criteria

I. Up to two (2) non-residents and family residing on the

premises shall be engaged in such occupation.

II. The business shall be "secondary” to the residential use.

III. There shall be no change in the outside appearance of the

building or premises, or other visible evidence of the conduct

of such home occupation, including outside storage or

accessory buildings, other than one sign, not exceeding two

square feet in area, non-illuminated, and

mounted flat against

the wall of the principal building. Outside storage or

accessory

structures may be used for "incidental uses" associated with

the business.

IV. Any need for parking generated by the conduct of such home

occupation shall be improved; while parking in the right-of-way

shall be prohibited.

V. No equipment or process shall be used in the home

occupation which creates noise, vibration, glare, fumes, or

odors detectable to the normal senses off the premises of the

dwelling unit.

VI. No equipment or process shall be used which creates visual

and/or audible interference in any radio or television receiver, or

causes fluctuations in the line voltage off the premises of the

dwelling unit.

b. Application

i. An application for a home occupation shall be made to the Planning and

Inspection Department for a determination of compliance with the criteria set

forth in Section a. prior to obtaining a license from the Tax Collector’s Office

(refer to Chapter 12 for the home occupation application fee).

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ii. Applicant must sign a notarized affidavit, agreeing to continue to comply with all

criteria contained in Section a, and acknowledge that any departure from t

he

c

onditions authorizing the use shall be grounds for revocation of the applicabl

e

oc

cupational license, without refund of application fee, and forfeit their right t

o

c

ontinue the home occupation at the permitted site.

iii. When a nuisance complaint is received, an inspection shall be made to ensure

c

ompliance with this chapter. If lack of compliance is evident, the permittee shall

be given thirty (30) days in which to comply or cease operation at the permitt

ed

s

ite

.

10. Livestock; Poultry; Beekeeping: The keeping or harboring of livestock, poultry, or

honeybees is permitted only as specified herein. “Livestock” includes all animals of the equine,

bovine, or swine class including goats, sheep, mules, horses, hogs, cattle, ostriches, and

other grazing animals. “Poultry” means all kinds of poultry and includes chickens, turkeys,

ducks, guineas, geese, pigeons raised as domesticated food birds,

quail, and other domesticated food birds. “Beekeeping” means maintaining a site or location

where honeybee hives, frames, supers pallets, queen excluders, and/or other such equipment used

in the cultivation of honeybees and the harvesting of products produced

by honeybees.

a. Livestock. The keeping or harboring of livestock is not considered customarily

incidental to residential uses of property and is prohibited in the R-1, R-2, and R-3 zoning

districts unless approved by special exception as provided in d, below.

b. Poultry. The keeping of poultry is permissible as a principal use in the AA and RR zoning

districts. The keeping of poultry is allowed as an accessory use on lots with

an existing land use of single family residential, regardless of current zoning or Future

Land Use Map designation in accordance with the following:

i. Poultry shall mean chickens (Gallus gallus domesticus) and domesticated ducks

(Anas platyrhynchos domesticus - Pekins and Indian runner ducks only)

ii. Roosters are prohibited except in the AA and RR zoning districts

iii.

The minimum lot size shall be no less than one-fifth of an acre, and no more

than four (4) chickens shall be allowed for the first fifth of an acre and three

(3) additional chickens allowed per each additional fifth acre (areas less than

one-fifth of an acre will not qualify for additional chickens) on each respective

property with an existing land use of single family residential.

iv. Poultry must be kept in an enclosed structure at night (coops, hen houses, etc.).

v. Coops or enclosures housing poultry shall be located:

a) in the rear yard behind the dwelling unit

b) at least twenty-five (25) feet from the door or window of any other dwelling

or occupied structure other than the owner's dwelling

c) outside of the applicable district's accessory structure setback areas

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vi. All items such as feed that may attract rodents or other wildlife shall be kept in

rodent/pest proof containers.

vii. If poultry are allowed to free range, the free-ranging area must be secured such

that the poultry cannot leave the rear yard of the subject property, including by

flight.

viii. If ducks are kept, they shall be provided a wading pool (a children's "kiddie pool"

with a minimum radius of no less than 48 inches will suffice) which must be

maintained with clean, fresh water.

ix. There shall be no odors associated with the keeping of poultry discernible at the

property lines.

c. Beekeeping. Beekeeping shall be allowed as authorized and regulated by the

State of Florida.

d. The requirements herein shall not apply to the keeping and raising of household

pets. “Pet” means any animal kept for companionship or amusement rather than

utility, burden, or associated with food products or food production, and which is

not otherwise regulated by this code and which is not classified by the Florida Fish

and Wildlife Conservation Commission (FWC) as a Class I or Class II wildlife

species, a Class III Wildlife Species not exempt from FWC permitting, a

Conditional Non-native Wildlife species, or a venomous reptile.

11. Home or Kitchen Garden: Gardens for the growing of fruits and vegetables for personal or

household food consumption are allowed in any zoning district, this includes areas that may be

used for “community gardens” or “urban farms.”