HomeMy Public PortalAboutOrdinance 1891 - Land Development Code AmendmentORDINANCE: 1891
AN ORDINANCE OF THE CITY OF CRESTVIEW,
FLORIDA, PROVIDING FOR THE AMENDMENT OF
PORTIONS OF CHAPTERS TWO, THREE, FOUR, SIX,
SEVEN, AND EIGHT OF THE LAND DEVELOPMENT
CODE; PROVIDING FOR AUTHORITY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S
ERRORS; PROVIDING FOR LIBERAL
INTERPRETATION; PROVIDING FOR REPEAL OF
CONFLICTING CODES AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City is authorized and empowered to adopt and enforce ordinances and
codes, not inconsistent with state law that are necessary to regulate development; and
WHEREAS, staff has determined that various Land Development Code amendments
would positively impact the capacity for both developers and citizens to develop their property
in a way that is within their rights and with respect to the rights of other citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS
FOLLOWS:
SECTION 1— LAND DEVELOPMENT CODE AMENDMENTS. Chapters two, three,
four, five, six, seven, and eight of the Land Development Code are amended to revise various
elements of the Code to make the code more cohesive, logical, and beneficial for both
developers and citizens, as attached to this ordinance (Attachment 1).
SECTION 2 — AUTHORITY. The authority for enactment of this ordinance is Section
166.041, Florida Statutes and The City of Crestview Land Development Code.
SECTION 3 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this
ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional, such finding shall not affect the other provisions or applications of this
ordinance which can be given effect without the invalid or unconstitutional provision or
application, and to this end the provisions of this ordinance are declared severable.
SECTION 4 — SCRIVENER'S ERRORS. The correction of typographical errors which do
not affect the intent of this Ordinance may be authorized by the City Manager or the City
Manager's designee, without public hearing, by filing a corrected or re -codified copy with the
City Clerk.
SECTION 5 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be
liberally construed in order to effectively carry out the purposes hereof which are deemed not to
adversely affect public health, safety, or welfare.
SECTION 6 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND
RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter
provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
SECTION 7 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its
adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 22nd
day of August 2022.
Approved by . this 22nd day of August 2022.
Q,v,)e�e.c
Mayor o=Te.v \
ATTEST:
LAND DEVELOPMENT
CODE
Style Definition: LDC Paragraph
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TABLE OF CONTENTS
CHAPTER 1 ............................................................................................................................ 9
GENERAL ADMINISTRATION .................................................................................................. 9
1.00.00 - GENERALLY ................................................................................................................................. 9
1.00.01 - Purpose and Intent ................................................................................................................ 9
1.01.00 - TITLE ........................................................................................................................................... 9
1.02.00 - AUTHORITY AND JURISDICTION ................................................................................................. 9
1.03.00 - APPLICABILITY ............................................................................................................................ 9
1.03.01 - Generally ................................................................................................................................ 9
1.03.02 - Exceptions .............................................................................................................................. 9
1.04.00 - ADMINISTRATIVE RESPONSIBILITY FOR IMPLEMENTATION .................................................... 10
1.04.01 - City Manager ........................................................................................................................ 10
1.04.02 - Community Development Services Director ....................................................................... 10
1.05.00 - INTERPRETATIONS ................................................................................................................... 10
1.05.01 - Generally .............................................................................................................................. 10
1.05.02 - Responsibility for Interpretation ......................................................................................... 10
1.05.03 - Rules for Interpretation of Boundaries ................................................................................ 10
1.05.04 - Rules of Construction ........................................................................................................... 11
1.05.05 - Days; Computation of Time ................................................................................................. 11
1.06.00 - BOARDS .................................................................................................................................... 11
1.06.01 - Generally .............................................................................................................................. 11
1.06.02 - Requirements for All Boards ................................................................................................ 11
1.07.00 - DOCUMENTS REFERENCED ...................................................................................................... 12
CHAPTER 2 .......................................................................................................................... 13
ACRONYMS AND DEFINITIONS ............................................................................................. 13
2.00.00 – GENERAL ................................................................................................................................. 13
2.01.00 – ACRONYMS .............................................................................................................................. 13
2.02.00 – DEFINITIONS ............................................................................................................................ 14
CHAPTER 3 .......................................................................................................................... 35
ADMINISTRATIVE PROCEDURES ........................................................................................... 35
3.00.00 - GENERALLY ............................................................................................................................... 35
3.00.01 - Purpose ................................................................................................................................ 35
3.00.02 - Classification of Development Review Procedures ............................................................. 35
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3.00.03 - Development Approval Process ........................................................................................... 35
3.00.04 - Application Timeline Table .................................................................................................. 37
3.00.05 - Application submittals ......................................................................................................... 37
3.00.06 - Pre-application meetings ..................................................................................................... 38
3.00.07 - Fees Required ...................................................................................................................... 38
3.00.08 - Complete Applications Required ......................................................................................... 38
3.00.09 - Determination of Completeness .......................................................................................... 39
3.00.10 - Review for Sufficiency and Code Requirements .................................................................. 39
3.00.11 - Decision Making ................................................................................................................... 39
3.00.12 - General Review Procedure .................................................................................................. 40
3.01.00 - PLANNING AND DEVELOPMENT BOARD ................................................................................. 40
3.01.01 - Powers and Duties ............................................................................................................... 40
3.01.02 - Membership, Vacancy, Compensation ................................................................................ 40
3.01.03 - Meetings, Quorum, Required Vote...................................................................................... 41
3.01.04 - Staff, Attorney ...................................................................................................................... 41
3.01.05 - Rules and Records ................................................................................................................ 42
3.02.00 - PUBLIC NOTICE AND HEARINGS ............................................................................................... 42
3.02.01 - Public Notice Requirements ................................................................................................ 42
3.02.02 - Public Hearing Requirements and Procedures. ................................................................... 45
3.03.00 - ADMINISTRATIVE DECISION MAKERS AND ENFORCEMENT OFFICERS.................................... 49
3.04.00 - SPECIFIC REVIEW PROCEDURES - ADMINISTRATIVE ORDERS, PERMITS AND APPROVALS ..... 50
3.04.01 - Zoning Verification Letter or Flood Verification Letter ........................................................ 50
3.04.02 - Administrative Interpretations and Similar Use Determinations ........................................ 50
3.04.03 - Lot Splits and Lot line Adjustments ..................................................................................... 51
3.04.04 - Special Exception Uses and Supplemental Standards ......................................................... 52
3.04.05 - Administrative Waivers ........................................................................................................ 52
3.04.06 - Development Orders ........................................................................................................... 53
3.04.07 - Administrative Permits ........................................................................................................ 57
3.04.08 - Temporary Use Permits ....................................................................................................... 57
3.04.09 - Minor Re-Plat ....................................................................................................................... 59
3.04.10 - Periodic Inspection Required; Correction of Deficiencies ................................................... 59
3.04.11 - Final Inspection and Certificate of Occupancy .................................................................... 59
3.04.12 - Stop Work Orders for Site Development ............................................................................. 60
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3.04.13 - Violation of an Approved Development Plan ...................................................................... 61
3.04.14 - Phased Projects .................................................................................................................... 61
3.04.15 - Guarantees and Sureties ...................................................................................................... 61
3.05.00 - SPECIFIC REVIEW PROCEDURES - QUASI-JUDICIAL PERMITS AND APPROVALS ...................... 63
3.05.01 - General Requirements ......................................................................................................... 63
3.05.02 - Variances .............................................................................................................................. 63
3.05.03 - Vacations of Plats, Easements, and Rights-Of-Way ............................................................. 63
3.05.04 - Conceptual Plats .................................................................................................................. 64
3.05.05 - Final Plats ............................................................................................................................. 65
3.05.06 - Planned Unit Developments (PUD) ...................................................................................... 66
3.05.07 - Zoning Change (Re-Zoning) .................................................................................................. 69
3.06.00 SPECIFIC REVIEW PROCEDURES - LEGISLATIVE APPROVALS ...................................................... 69
3.06.01 - Annexations ......................................................................................................................... 69
3.06.02 - Future Land Use Map Amendments .................................................................................... 70
3.06.03 - Comprehensive Plan Amendments ..................................................................................... 70
3.06.04 - Land Development Code Text Amendments ....................................................................... 71
CHAPTER 4 .......................................................................................................................... 72
ZONING DISTRICTS AND OVERLAYS ...................................................................................... 72
4.00.00 - GENERALLY ............................................................................................................................... 72
4.01.00 - LAND USE DISTRICTS, DENSITY AND INTENSITY ...................................................................... 72
4.02.00 - OFFICIAL ZONING MAP ............................................................................................................ 72
4.03.00 - ESTABLISHMENT AND PURPOSE OF ZONING DISTRICTS ......................................................... 72
4.04.00 - ZONING DISTRICT COMPARISON TO FUTURE LAND USE CATEGORIES ................................... 73
4.05.00 - ESTABLISHMENT AND PURPOSE OF OVERLAY DISTRICTS ....................................................... 74
4.06.00 - LAND USES PERMISSIBLE IN EACH ZONING DISTRICT .............................................................. 77
4.07.00 - CHANGE OF USE REQUIREMENTS ............................................................................................ 84
CHAPTER 5 .......................................................................................................................... 85
ENVIRONMENT AND RESOURCE PROTECTION ...................................................................... 85
5.00.00 - GENERALLY ............................................................................................................................... 85
5.00.01 - Purpose and Intent .............................................................................................................. 85
5.00.02 - Applicability ......................................................................................................................... 85
5.01.00 - WETLANDS PROTECTION ......................................................................................................... 85
5.02.00 - HABITAT PROTECTION ............................................................................................................. 85
5.03.00 - AIR QUALITY ............................................................................................................................. 86
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5.03.01 - Compliance with State and Federal Regulations ................................................................. 86
5.03.02 - Testing Required .................................................................................................................. 86
5.04.00 - HISTORICAL AND ARCHAEOLOGICAL RESOURCES ................................................................... 86
5.04.01 - Applicability ......................................................................................................................... 86
5.04.02 - Survey Requirements ........................................................................................................... 86
5.05.00 - FLOOD DAMAGE PREVENTION ................................................................................................ 86
5.05.01 - General ................................................................................................................................. 86
5.05.02 - Applicability ......................................................................................................................... 87
5.05.03 - Duties and Powers of the Floodplain Administrator ........................................................... 88
5.05.04 - Permits ................................................................................................................................. 90
5.05.05 - Site Plans and Construction Documents .............................................................................. 91
5.05.06 - Inspections ........................................................................................................................... 92
5.05.07 - Variances and Appeals ......................................................................................................... 93
5.05.08 - Violations ............................................................................................................................. 94
5.05.09 - Definitions ............................................................................................................................ 94
5.05.10 - Buildings and Structures ...................................................................................................... 99
5.05.11 - Subdivisions ......................................................................................................................... 99
5.05.12 - Site Improvements, Utilities, and Limitations...................................................................... 99
5.05.13 - Manufactured Homes ........................................................................................................ 100
5.05.14 - Recreational Vehicles and Park Trailers ............................................................................. 100
5.05.15 - Tanks .................................................................................................................................. 101
5.05.16 - Other Development ........................................................................................................... 101
CHAPTER 6 ........................................................................................................................ 102
DEVELOPMENT STANDARDS .............................................................................................. 102
6.00.00 - GENERALLY ............................................................................................................................. 102
6.00.01 - Applicability ....................................................................................................................... 102
6.00.02 - Measurements ................................................................................................................... 102
6.00.03 - Compatibility Standards Pertaining to Building Height in All Zoning Districts .................. 104
6.00.04 - Standards Pertaining to Metal Buildings in All Zoning Districts ........................................ 104
6.01.00 - DEVELOPMENT STANDARDS IN RESIDENTIAL DISTRICTS ...................................................... 104
6.01.01 - Site Development Standards ............................................................................................. 104
6.01.02 - Residential Design Standards ............................................................................................. 105
6.02.00 - DEVELOPMENT STANDARDS IN MIXED-USE DISTRICTS ......................................................... 106
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6.02.01 - Site Development Standards ............................................................................................. 106
6.02.02 - Standards for Mixing Uses on One (1) Lot ......................................................................... 106
6.02.03 - Standards for Mixing Uses Within One (1) Building .......................................................... 107
6.02.04 - Site Development Standards for the Downtown Overlay District (DOD) .......................... 107
6.02.05 - Site Development Standards for the Foxwood Overlay District (FOD) .............................. 108
6.03.00 - DEVELOPMENT STANDARDS FOR COMMERCIAL AND INDUSTRIAL DISTRICTS ..................... 108
6.03.01 - Site Development Standards ............................................................................................. 108
6.03.02 - Nuisance/Pollution Standards for Industrial Developments ............................................. 109
6.04.00-6.05.00 - RESERVED ................................................................................................................. 110
6.06.00 - STANDARDS FOR SITE PREPARATION AND IMPROVEMENTS ................................................ 110
6.06.01 - Site Lighting ........................................................................................................................ 110
6.07.00 - DESIGN STANDARDS FOR SUBDIVISIONS ............................................................................... 111
6.08.00 - STANDARDS FOR LANDSCAPE DEVELOPMENT ...................................................................... 113
6.08.01 - Intent ................................................................................................................................. 113
6.08.02 - Definitions .......................................................................................................................... 113
6.08.03 - Applicability ....................................................................................................................... 113
6.08.04 - Administrative Modifications ............................................................................................ 114
6.08.05 - Landscape Plan Required ................................................................................................... 114
6.08.06 - Requirements - Perimeter Landscape ............................................................................... 115
6.08.07 – Requirements - Parking Landscape ................................................................................... 115
6.08.08 – Requirements - Right-of-Way Landscape Buffer Yard ...................................................... 115
6.08.09 - Protected Trees .................................................................................................................. 117
CHAPTER 7 ........................................................................................................................ 120
ACCESSORY, TEMPORARY, AND SPECIAL USE SITUATIONS ................................................. 120
7.00.00 - INTENT ................................................................................................................................... 120
7.01.00 - ACCESSORY STRUCTURES ...................................................................................................... 120
7.01.01 - Generally ............................................................................................................................ 120
7.01.02 - Accessory Buildings ............................................................................................................ 120
7.01.03 - Fences ................................................................................................................................ 121
7.01.04 - Swimming Pools ................................................................................................................. 123
7.02.00 - SIGNS ...................................................................................................................................... 123
7.02.01 - Generally ............................................................................................................................ 123
7.02.02 - Exempt Signs ...................................................................................................................... 123
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7.02.03 - Prohibited Signs ................................................................................................................. 126
7.02.04 - Temporary Signs ................................................................................................................ 126
7.02.05 - Permitted Permanent Accessory Signs .............................................................................. 126
7.02.06 - Directional Signs ................................................................................................................ 128
7.02.07 - Signs at Entrances to Residential Developments, Farms and Ranches ............................. 128
7.02.08 - Utility Signs ........................................................................................................................ 128
7.03.00 - ACCESSORY DWELLINGS ........................................................................................................ 128
7.03.01 - Detached Accessory Dwellings in Residential Zoning Districts .......................................... 128
7.03.02 - Detached Caretaker/Security Dwellings (Accessory Dwellings) in Specified Nonresidential
Zoning Districts ................................................................................................................................. 129
7.04.00 - HOME OCCUPATIONS ............................................................................................................ 129
7.05.00 - SUPPLEMENTAL STANDARDS FOR SPECIAL EXCEPTION USES ............................................... 130
7.05.01 - Generally ............................................................................................................................ 130
7.05.02 - Pharmaceutical Sales ......................................................................................................... 131
7.05.03 - Recreational Camps ........................................................................................................... 132
7.05.04 - Recreational Vehicle Parks ................................................................................................. 133
7.05.05 - Telecommunications Antennae and Towers ..................................................................... 134
7.05.06 - Manufactured Home Communities ................................................................................... 135
7.05.07 – Food Truck Sites ................................................................................................................ 136
7.05.08 – Townhouses ...................................................................................................................... 137
7.06.00 - TEMPORARY USES .................................................................................................................. 138
7.06.01 - Temporary Vendors ........................................................................................................... 138
7.06.02 - Mobile Food Dispensing Vehicles ...................................................................................... 139
CHAPTER 8 ........................................................................................................................ 141
STANDARDS FOR TRANSPORTATION, ACCESS, PARKING AND LOADING ............................. 141
8.00.00 - PURPOSE AND INTENT ........................................................................................................... 141
8.01.00 - APPLICABILITY ........................................................................................................................ 141
8.02.00 - STREETS, VISIBILITY, ACCESS MANAGEMENT, AND RIGHT-OF-WAY PROTECTION ............... 141
8.03.00 - ACCESS MANAGEMENT ......................................................................................................... 142
8.04.00 - STREET ACCESS AND DRIVEWAY DESIGN REQUIREMENTS ................................................... 142
8.05.00 - BICYCLE AND PEDESTRIAN WAYS .......................................................................................... 143
8.06.00 - REQUIREMENTS FOR PARKING AND LOADING ...................................................................... 144
8.06.01 - Generally ............................................................................................................................ 144
8.06.02 - Standards for Parking ......................................................................................................... 145
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8.06.03 - Standards for Parking Lot Design ....................................................................................... 147
8.06.04 - Standards for Loading Spaces ............................................................................................ 148
8.06.05 - Standards for Parking Off the Development Site............................................................... 148
8.06.06 - Parking Studies ................................................................................................................... 149
8.06.07 - Standards for Stacking Lanes and Drive-Through Facility Lanes ....................................... 150
8.06.08 - On-Street Parking Area ...................................................................................................... 151
CHAPTER 9 ........................................................................................................................ 152
VARIATIONS FROM STANDARDS IN THE LDC ...................................................................... 152
9.00.00 - GENERALLY ............................................................................................................................. 152
9.00.01 - Waiver of Standards Pertaining to Metal Buildings ........................................................... 153
9.01.00 - NONCONFORMING SITUATIONS............................................................................................ 153
9.01.01 - Generally ............................................................................................................................ 153
9.01.02 - Types of Nonconformities .................................................................................................. 153
9.01.03 - Continuation of Nonconformities ...................................................................................... 154
9.01.04 - Change of Use .................................................................................................................... 154
9.01.05 - Damage and Restoration of Nonconforming Buildings or Structures ............................... 155
9.01.06 - Expansion or Modification of Benign Nonconformities..................................................... 155
9.01.07 - Expansion or Modification of Detrimental Nonconformities ............................................ 155
9.01.08 - Specific Requirements for Lots of Record .......................................................................... 156
9.02.00 - VARIANCES ............................................................................................................................. 156
9.02.01 - Generally ............................................................................................................................ 156
9.02.02 - Required Findings for a Grant of Variance......................................................................... 156
9.02.03 - Procedures for Variances ................................................................................................... 157
9.02.04 - Appeal of Planning and Development Board Decisions .................................................... 157
9.02.05 - Specific Requirements for Variances Regarding Historic Buildings ................................... 157
9.03.00 - APPEALS OF ADMINISTRATIVE DECISIONS ............................................................................ 157
9.03.01 - Applicability ....................................................................................................................... 157
9.03.02 - Notice of Intent to File an Appeal of an Administrative Decision ..................................... 158
9.03.03 - Filing an Appeal of an Administrative Decision ................................................................. 158
9.03.04 - Stay of Work ...................................................................................................................... 158
9.03.05 - Procedures for Consideration of an Appeal of an Administrative Decision ...................... 158
9.03.06 - Appeal of Planning and Development Board Decisions .................................................... 158
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CHAPTER 1
GENERAL ADMINISTRATION
1.00.00 - GENERALLY
1.00.01 - Purpose and Intent
A. The primary purpose of this Land Development Code (LDC) is implementation of the goals and objectives of the
City of Crestview Comprehensive Plan (Comprehensive Plan).
B. This LDC is further intended to accomplish the following:
1. Protecting, promoting, and improving the public health, safety, comfort, order, appearance, convenience,
morals, and general welfare;
2. Guiding and accomplishing coordinated and harmonious development in accordance with the existing and
future needs of the City;
3. Conserving the value of land, buildings, and resources, and protecting landowners from potential adverse
impacts of proposed developments;
4. Protecting the character and maintaining the stability of residential, business, industrial, recreation, and
public areas;
5. Guiding and regulating the growth of the City, concentrating the more intense development in areas of high
capability and limiting development in areas of low capability;
6. Directing and controlling the type, distribution, and intensity of development; and
7. Being equitable, in terms of consistency, with established regulation and procedures, respecting the rights
of property owners while taking into consideration the interests of all the citizens of the City.
1.01.00 - TITLE
This code shall be known as and entitled the "Crestview Land Development Code" and may be referred to as the
"LDC."
1.02.00 - AUTHORITY AND JURISDICTION
A. This LDC is enacted pursuant to the requirements and authority of Chapter 163, Part II, F.S., and Chapter 166,
F.S.
B. The lands subject to this chapter shall include all area within the corporate limits of the city (and, as applicable,
any areas to which the city provides municipal services).
1.03.00 - APPLICABILITY
1.03.01 - Generally
Except as otherwise provided in this LDC:
A. The use of any parcel of land, or any structure, or any combination thereof, within the corporate limits of the
City shall be in conformance with the requirements of this LDC.
B. All development shall conform to the standards, criteria, requirements, and procedures of this LDC.
C. This chapter is not intended to repeal, abrogate or interfere with any existing easements, covenants or deed
restrictions duly recorded in the public records of the city or the county.
1.03.02 - Exceptions
Previously approved projects that are identified as exempt from the provisions of this LDC are exempt only to the
extent of the previous approval and are exempt from the provisions of this LDC only to the extent that such
provisions are inconsistent with the prior, unexpired approval. Specific requirements regarding existing, valid
development orders and permits are set forth in the appropriate chapters.
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1.04.00 - ADMINISTRATIVE RESPONSIBILITY FOR IMPLEMENTATION
(Refer to Chapter 3, 3.03.00 - Administrative Decisions Makers and Enforcement Officers, for further and more
specific information pertaining to these and other positions.)
1.04.01 - City Manager
The City Manager is the chief administrative official of the City (see the Crestview Code of Ordinances). For the
purposes of this LDC, the City Manager is assigned to administer, interpret, and implement the standards, criteria,
and procedures of this LDC where the Community Development Services Director or other specific staff position
within the City has not been designated for such action.
1.04.02 - Community Development Services Director
The Community Development Services Director, or assignee, is the City staff person designated to issue development
orders for expedited development, approve compliance reports, authorize administrative waivers, and other actions
required for implementation of this LDC as specifically designated by the Community Development Services Director.
The Community Development Services Director shall be responsible for agendas for boards identified in Chapter 3.
1.05.00 - INTERPRETATIONS
1.05.01 - Generally
A. In interpreting and applying the provisions of this LDC, the provisions shall be held to be the minimum
requirements for the promotion of the public health, safety, morals, and general welfare of the community.
B. In the interpretation and application of this LDC, all standards, provisions, and requirements shall be liberally
construed in favor of the objectives and purposes of the City and shall not be construed to limit or repeal any
other powers granted to the City under State law.
C. It is not intended by this LDC to interfere with, abrogate, or annul any easement, covenant, or other agreement
between parties.
D. Specific provisions of this LDC shall be followed in lieu of general provisions that may be in conflict with the
specific provision.
E. Where provisions of this LDC conflict with other regulations, the more stringent restrictions shall be applied.
F. Where written text and illustrations are in conflict, the written text shall govern.
G. Where necessary, the Community Development Services Director may at his or her sole discretion ameliorate
decisions based on elements of this chapter that are determined to significantly hinder development that is
consistent with the purpose and intent of this chapter.
1.05.02 - Responsibility for Interpretation
A. In the event that any question arises concerning the application of regulations, standards, definitions,
development criteria, or any other provision of this LDC, the Community Development Services Director shall
be responsible for interpretation. In the interpretation of this LDC, the Community Development Services
Director shall be guided by the requirements of the Comprehensive Plan.
B. Responsibility for interpretation by the Community Development Services Director shall be limited to standards,
regulations, and requirements of this LDC, and shall not be construed to include interpretation of any technical
codes adopted by reference in this LDC. Interpretation shall not be construed to override the responsibilities
given to any commission, board, or official named in other sections or chapters of this LDC.
1.05.03 - Rules for Interpretation of Boundaries
Where uncertainty exists as to the boundaries of any district shown on the official zoning map, the rules set forth in
this section shall apply.
A. Where such district boundaries are indicated as approximately following section or quarter section lines, street
lines, alley lines, or lot lines, such lines shall be construed to be such boundaries.
B. In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the
boundary is indicated by dimensions, shall be determined by use of the scale appearing on the official zoning
map.
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C. Where a district boundary divides the area of a lot unequally, the district classification and regulations of the
larger portion shall apply to the remaining smaller portion of the lot.
D. Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each
parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such
vacation or abandonment.
E. In case any further uncertainty exists, the City Council shall interpret the intent of the official zoning map as to
the location of such boundaries.
1.05.04 - Rules of Construction
The rules of construction set forth in the Crestview Engineering Standards Manual shall apply to the provisions set
forth in this LDC.
1.05.05 - Days; Computation of Time
Throughout this LDC, "day" or "days" means calendar days, except where business days are specifically identified.
The method required for the computation of time shall be as set forth in the Crestview Code of Ordinances.
1.06.00 - BOARDS
1.06.01 - Generally
A. The City Council has established the boards identified in this chapter for the purpose of implementing the
provisions of this LDC.
B. All procedures pertaining to matters before the boards are set forth in the appropriate chapters of this LDC.
C. The City Clerk shall maintain records for all boards and requirements listed in this Chapter.
1.06.02 - Requirements for All Boards
A. The City Council shall make appointments to boards identified in this chapter, based on the eligibility and board
composition requirements, if any, set forth for each board.
1. Specific rules for each board can be found in Chapter 3 - Administrative Procedures.
B. The City Council shall have authority to revoke any appointment for reasonable cause, including but not limited
to, failure to be a resident or qualified elector of the City, conviction of a felony, or conviction of an offense
involving moral turpitude while in office.
C. Absences. The City Council shall revoke the appointment of any board member who fails, without good cause,
to attend three (3) consecutive regular board meetings, or a total of four (4) regular meetings or special
meetings within any twelve (12) month period. The City Clerk shall determine whether an absence is excused.
D. Officers.
1. At the last regular meeting of each fiscal year, each board shall elect a chairperson and vice chairperson,
both of whom shall serve for the subsequent calendar year.
2. Officers may serve up to two (2) consecutive one (1) year terms.
3. When the chairperson departs, an election shall be held at the next meeting of the board to elect a new
chairperson who shall serve for the remainder of the calendar year.
4. The chairman shall be responsible for procedures of meetings and hearings and shall take such action as
may be necessary to preserve order and the integrity of all proceedings.
5. The vice Chairperson shall act as Chairperson in the absence of the Chairperson.
E. Meetings, hearings, and workshops.
1. Each board shall establish a regular meeting day, time, and place.
2. Special meetings and workshops may be called by the Chairperson or upon the majority vote of members
at a regular meeting.
3. When required, a public hearing may be held during a regular or special meeting, provided that notice has
been given in accordance with the requirements set forth in the appropriate section of this code or State
Statute.
4. When a public hearing is a quasi-judicial hearing, the hearing shall comply with the requirements set forth
in the appropriate section or State Statute.
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5. If there is no business scheduled for a regular meeting prior to the deadline for applications, the Chairperson
may cancel the regularly scheduled meeting.
F. Rules of procedure. A board shall take actions and transact business in conformity with the provisions of
applicable State law. A board may adopt additional rules of procedure as needed.
G. Records.
1. Any decision made by a board shall be recorded and entered into the minutes of the meeting or hearing.
2. All records shall be public records as set forth by applicable State law.
3. A board shall keep a record of minutes of meetings and decisions, including recommendations, resolutions,
findings, and determinations.
H. The City Clerk shall be responsible for support to boards, including making a record of meetings, providing
required notices, providing notices of vacancies to the City Council, providing notices of absences per Section
1.06.02.C, and other such support as may be required for the appropriate conduct of board business.
I. Compensation. All board members serve without compensation. However, where travel is required by the City
Council, travel expenses shall be paid in accordance with City policy for travel reimbursement.
1.07.00 - DOCUMENTS REFERENCED
The City shall annually publish a list of documents, codes, and manuals which are adopted for regulation of
development within the City in addition to this LDC.
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CHAPTER 2
ACRONYMS AND DEFINITIONS
2.00.00 – GENERAL
Words used in this Land Development Code (LDC) shall be construed according to the common meaning as defined
in a standard dictionary, such as the Merriam-Webster Collegiate Dictionary, or other source, such as The Florida
Building Code, or the Florida Statutes. Words not defined shall be given their common and ordinary meaning.
For the purpose of this LDC the following terms, phrases, words, abbreviations and their derivations shall have the
following meaning herein given.
When not inconsistent with the context, words used in the present tense include the future tense, words in the
plural number include the singular number and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
2.01.00 – ACRONYMS
The following are the most common acronyms used throughout the LDC.
ADA Americans with Disabilities Act
CRA Community Redevelopment Agency
DBH (dbh) Diameter at breast height
DOD Downtown Overlay District
DO Development order
DRI Development of regional impact
EPA Environmental Protection Agency
ERP Environmental Resource Permit
FAA Federal Aviation Administration
FAC Florida Administrative Code
FBC Florida Building Code
FCC Federal Communications Commission
FDEP Florida Department of Environmental Protection
FDOT Florida Department of Transportation
FEMA Federal Emergency Management Agency
FIRM Flood Insurance Rate Map
FLUM Future Land Use Map
FS Florida Statutes
ITE Institute of Transportation Engineers
LDC Land development code
LOS Level of service
NEC National Electric Code
NGVD National Geodetic Vertical Datum
PUD Planned Unit Development
ROW Right-of-way
USACOE United States Army Corps of Engineers
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2.02.00 – DEFINITIONS
Abut - To physically touch or border upon, or to share a common property line.
Access - A way or means of vehicular or pedestrian approach to provide physical entrance to a property.
Accessory Dwelling - A secondary dwelling unit established in conjunction with and clearly subordinate to a principle
dwelling, whether part of the same structure as the principle dwelling or a detached dwelling. Accessory dwellings
may be called helpers quarters, guest quarters, mother-in-law suites, granny flats, or other similar terms, all having
the same meaning as "accessory dwelling."
Accessory Sign - A permanent ground or building sign that is permitted under this Code as incidental to an existing
or proposed use of land. Accessory signs advertise only the business located on the premises and is synonymous
with the term on-site signs.
Accessory Use or Building - A subordinate use or building customarily incidental to the principle building or use and
which is on the same lot or parcel of ground as the principle building or use.
Accessway - The principal means of ingress and egress to a parcel of land from a public right-of-way.
Addition (to an Existing Building) - Any walled and roofed expansion to the perimeter of a building in which the
addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is
connected by a firewall or is separated by independent perimeter loadbearing walls is new construction.
Adjacent to A Protected Environmentally Sensitive Area - Any location within 500 feet of the boundary of any
protected environmentally sensitive area, whether the location is on or off the development site.
Administrative Permit - Official city document which is issued after the effective date of this chapter which
authorizes the commencement of construction or land alteration without need for further application and approval.
Administrative permits include all types of construction permits.
Adult Congregate Living Facility - A type of residential care facility, defined in F.S. Chapter 400.
Adverse Effects - Any modifications, alterations, or effects or waters, associated wetlands, or shore lands, including
their quality, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses which
are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity,
diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor
recreation. The term includes secondary and cumulative as well as direct impacts.
Adversely Affected Person - Any person who is suffering or will suffer an adverse effect to an interest protected or
furthered by the local government comprehensive plan, including but not limited to: interests related to health and
safety; police and fire protection services; densities or intensities of development; transportation facilities;
recreational facilities, equipment, or services; and environmental or natural resources. The alleged adverse effect
may be shared in common with other members of the community at large but must exceed in degree the general
interest in community good shared by all persons.
Advertising - Sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity,
entertainment, or real or personal property.
Agricultural Activity - Any farming and forestry operation affecting land or waters such as site preparation, clearing,
fencing, contouring, soil preparation, plowing, planting, harvesting, construction of access roads, extraction of
stumps and submerged logs, and placement of bridges and culverts.
Alter or Alteration - Work done on a stormwater management system other than that necessary to maintain the
system's original design and function.
Alteration of a Watercourse - A dam, impoundment, channel relocation, change in channel alignment,
channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of
modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water
during conditions of the base flood.
~ 15 ~
Alternative Site - One or more separate locations within the search ring at which a provider could place its antenna
to serve substantially all of the area intended to be served by the site requiring special exception. Alternative sites
must be available to the provider on commercially reasonable terms.
Anchor or Anchored - As defined in the Florida Building Code
Animated Sign - A sign that flashes or moves or otherwise changes at intervals more frequently than once each six
(6) seconds.
Antenna - Any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for
telephonic, radio, television, or personal wireless services.
Appeal - A request for a review of an interpretation from staff by the appropriate party of any provisions of this LDC
Applicant - The person(s) filing the application, the representative of the person(s) filing the application, or the
attorney representing the person(s) filing the application.
Application - The application form and supporting documents and, where the context so requires, the variance
requested by the application, or special exception required by the application, or the administrative action or
interpretation being reviewed by the application.
Appurtenant Structure - A structure which is on the same parcel of property as the principal structure to be insured
under the federal flood insurance program and where the use is incidental to the use of the principal structure.
Aquifer - An underground formation, group of formations, or part of a formation that is permeable enough to
transmit, store or yield usable quantities of water.
Archaeological Site - A property or location which has yielded or may yield information on the city's and local area's
history or prehistory. Archaeological sites are evidenced by the presence of artifacts and features indicating the past
use of a location by people.
Architectural Planter - A permanent container within which plantings may be placed to meet the requirements of
this article.
Area of Shallow Flooding - A designated AO or VO zone on a community's flood insurance rate map (FIRM) with
base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate, and where velocity flow may be evident.
Area of Special Flood Hazard - The land in the floodplain within a community subject to a one percent or greater
chance of flooding in any given year.
Arena or Auditorium or Stadium - An open, partially enclosed or fully enclosed facility primarily used or intended
for commercial spectator sports or entertainment. Typical uses include convention and exhibition halls, sports
arenas, and amphitheaters.
Artisan Studio - A workplace for a person skilled in an applied art.
As-Built Plans - The amended site development plans specifying the locations, dimensions, elevations, capacities
and capabilities of structures or facilities as they have been constructed.
ASCE- 24 - A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code.
ASCE- 24 is developed and published by the American Society of Civil Engineers, Reston, VA.
Associated Wetlands - Any wetland that is adjacent or contiguous to waters, or which has a direct hydrologic
connection to waters.
Awning Sign - Any sign attached to, in any manner, or otherwise made a part of any awning or awning-like structure
which projects beyond a building or extends along and projects beyond the wall of the building, generally designed
and constructed to provide protection from the weather.
Banner Sign - A sign constructed of cloth, paper, or other non-rigid material, with or without frames, and secured at
both ends. Flags are not banners.
~ 16 ~
Base Flood - A flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC,
B, Section 1612.2.] The base flood is commonly referred to as the "100 -year flood" or the "1-percent-annual chance
flood."
Base Flood Elevation - The elevation of the base flood, including wave height, relative to the National Geodetic
Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance
Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.]
Basement - The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC,
B, Section 1612.2.]
Bench Sign - Any sign painted on or attached to a bench.
Beneficial Functions of a Protected Environmentally Sensitive Area - Those functions, described in the conservation
element of the comprehensive plan, that justify designating an area as environmentally sensitive.
Board - Any group established by the City Council for the purposes of implementing the provisions of this LDC, as
per the provisions of section 1.06.00.
Breakaway Wall - A wall that is not part of the structural support of the building and is intended through its design
and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of
the building or the supporting foundation system.
Buffer Area - The terms "buffer area," "buffer yard" "buffer zone" and "buffer strip" are synonymous to each other
as utilized within this articleLDC. It is the designated area between different zoning districts.
Building - Any structure built for support, shelter, or enclosure for any occupancy or storage.
Building Face - The furthest extent of any exterior wall of a building
Building Line - The line marking the furthest extent of any extension of each building face
Building Official - The officer or other designated authority charged with the administration and enforcement of the
Florida Building Code, or a duly authorized representative. [Also defined in FBC, B, Section 1612.2.]
Building Permit - An official document or certificate issued by the community which authorizes performance of
specific activities that are determined to be compliant with the Florida Building Code.
Building Sign - A sign displayed upon or attached to any part of the exterior of a building which projects no more
than 12 inches from the building wall to which there are attached, including walls, windows, doors, parapets,
marquees, and roof slopes of greater than 45 degrees that form a side of a building or unit.
Canopy Sign - Any message or copy incorporated into or affixed to a canopy attached to a building or walkway.
Capital Improvement - Land acquisition, right-of-way acquisition, site improvements, engineering fees, permitting
fees, building and equipment, but excludes maintenance and operation.
Chairman - The chairperson of any board as elected by the board, as per the provisions in section 1.06.00
Changeable Copy Sign - A sign that is designed so that characters, letters, or illustrations can be changed or
rearranged without altering the face or the surface of the sign.
Clearing - The removal of trees and brush from a substantial part of the land but shall not include mowing of grass.
Code - The Codified Ordinances of the City of Crestview, Florida, unless otherwise designated.
Commercial Vehicle - Any vehicle whether motor-driven or towed, and used constructed or equipped for the
transportation of goods, wares, merchandise, tools, or equipment in the trade, commerce or industry. The following
vehicles shall be excluded from the effect of this LDC: Passenger vehicles including station wagons, SUVs, and
vehicles constructed for recreational purposes or other non commercial purposes, vehicles used by governmental
agencies for official business, and vehicles which are or may be required to be similarly identified by State or Federal
law
~ 17 ~
Commercially Developed Parcel - A parcel of property on which there is at least one walled and roofed structure
used, or designed to be used, for other than residential or agricultural purposes.
Commissary - A public food service establishment licensed by the division or a food establishment permitted by the
department of agriculture and consumer services, which is utilized by a mobile food dispensing vehicle for the
purpose of providing all required support services, including potable water and wastewater disposal that are not
available on the mobile food dispensing vehicle. (61-C-0001 FAC.)
Common Open Space - An area of land, or an area of water, or combination of land and water within the area of a
subdivision which is designed and intended for the use or enjoyment by residents of the subdivision in common.
Common open space may contain such recreation structures and improvements as are desirable and appropriate
for the common benefit and enjoyment of residents of the subdivision.
Comprehensive Plan - An ordinance adopted pursuant to the Florida Growth Management Act to manage
development and growth of the city.
Computations of Area of Individual Signs - The area of a sign face (which is also the sign area of a wall sign or other
sign with only one face) shall be computed by the area of the smallest square, circle, rectangle, triangle, or geometric
figure that will encompass the extreme limits of the writing, representation, emblem, or other display, together with
any material or color forming an integral part of the background of the display, or used to differentiate the sign from
the backdrop or structure against which it is placed, also including any supporting framework, bracing, decorative
fence, or wall. Integral decorative or architectural features of buildings and structures shall not be considered in the
computation of the area of the individual sign.
Computations of Area of Multifaced Signs - The sign area for a sign with more than one face shall be computed by
adding together the area of all sign faces visible from any vantage point. When two identical sign faces are placed
back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces
are part of the same structure, the sign area shall be computed by the measurement of one of the faces.
Concurrency - A condition where specified facilities and services have or will have the necessary capacity to meet
the adopted level of service standard at the time of impact of the development project.
Conditional Letter of Map Revision (CLOMR) - A formal review and comment as to whether a proposed flood
protection project or other project complies with the minimum NFIP requirements for such projects with respect to
delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may
be issued by FEMA to revise the effective FIRM.
Copy - The linguistic or graphic content of a sign.
Corner Lot - A lot abutting upon two (2) or more streets at a street intersection, or abutting upon two (2) adjoining
and deflected lines of the same street and thereby forming an interior angle of less than 135 degrees.
Cottage Industry - The creation or assembly of products in a home-based setting rather than a factory.
CRA - Community Redevelopment Agency
Cross-Access - A vehicular and/or pedestrian connection between abutting properties which permits the exchange
of trips between the two adjacent sites without the need to use the public street system.
Crown - The main point of branching or foliage of a tree or plant.
Crown Spread - The distance measured across the greatest diameter of a plant.
Cultural or Historic Resource - Any prehistoric or historic district, site, building, object, or other real or personal
property of historical, architectural, or archaeological value. The properties may include, but are not limited to,
monuments, memorials, Native American habitations, ceremonial sites, abandoned settlements, artifacts or other
objects with intrinsic historical or archaeological value, or any part thereof relating to the history, government, and
culture of the city, the state, or the nation.
~ 18 ~
DBH - Diameter at breast height. "Breast height" is defined to be 54 inches above the surface of the ground at the
base of the plant or tree. In the case of a tree with multiple main stems, the diameter shall be the sum of the
diameters of the stems.
De Minimis - A matter so minor as to be disregarded.
Dedication - The deliberate appropriation of land by its owner for any general and public use, reserving to such
owner no other rights than such as are compatible with the full exercise and enjoyment of the public use to which
the property has been devoted.
Demolition - The tearing down or razing of 25 percent or more of a structure's external walls.
Density or Gross Density - The total number of dwelling units by the total site area, less the public right-of-way.
Design Flood - The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section
1612.2.]
1. Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or
2. Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally
designated.
Design Flood Elevation - The elevation of the "design flood," including wave height, relative to the datum specified
on the City's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall
be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified
on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the
depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.]
Detention - The collection and storage of surface water for subsequent controlled discharge at a rate which is less
than the rate of inflow.
Developed Area - The portion of a plot or parcel of land, excluding public right-of-way, upon which a building,
structure, pavement, landscape material, or other improvements have been placed.
Developer - Any person, excluding the city and its agencies, who engages in or proposes to engage in a development
activity either as the owner or as the agent of an owner of property.
Development - Any man-made change to improved or unimproved real estate, including but not limited to, buildings
or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials,
mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.
Development Agreement - A document complying with the requirements of Section 163.3220-.3243, F.S.
Development of Regional Impact - Development that impacts on infrastructure, concurrency, the environment or
other considerations beyond the political jurisdiction in which development occurs.
Development or Development Activity - The following list are a variety of examples showing the scope and intention
of this definition. This list is not exhaustive and is intended to be examples of scope:
1. Construction, clearing, filling, excavating, grading, paving, dredging, mining, drilling or otherwise
significantly disturbing the soil of a site.
2. Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water
management system, and including the long-term storage of materials.
3. Subdividing land into two or more parcels.
4. A tree removal for which authorization is required under this chapter.
5. Erection of a permanent sign unless expressly exempted by this chapter.
6. Alteration of a historic property for which authorization is required under this chapter.
7. Changing the use of a site so that the need for parking is increased.
8. Construction, elimination or alteration of a driveway onto a public street.
~ 19 ~
Development Order - Development order means, after the effective date of this chapter, the final authorization of
a development project, the authorization which must be granted prior to issuance of a administrative permit as
defined for purposes of this chapter. The development order authorizes the project, whereas the administrative
permit authorizes specific components of the project, such as building construction, parking lot installation,
landscaping, and the like. For purposes of this chapter the development plan approval is the development order.
Direct Hydrologic Connection - A surface water connection which, under normal hydrological conditions, occurs on
an average of thirty (30) or more consecutive days per year. In the absence of reliable hydrologic records, a
continuum of wetlands may be used to establish a direct hydrologic connection.
Directional Sign - A sign located on premises to identify exits, entrances, driveways, or off-street parking.
Discharge or Discharge Point - The point of outflow of water from a project, site, aquifer, drainage basin, or facility.
District - A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity
of sites, buildings, structures, objects, or areas, which are united historically or aesthetically by plan or physical
development. A district may be comprised of individual resources which are separated geographically but are linked
by association or history.
Division - The Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulations.
Double Frontage Lot - A lot having two (2) non-adjoining property lines abutting upon a street.
Drainage - Surface water runoff; the removal of surface water or groundwater from land by drains, grading or other
means which include runoff controls.
Drip Line - The outer perimeter of the crown of a plant or tree.
Dwelling Unit - A single housing unit providing complete, independent living facilities for one housekeeping unit,
including permanent provisions for living, sleeping, eating, cooking and sanitation.
Dwelling, Duplex - A single building containing two (2) contiguous and independent dwelling units separated by a
common wall and sharing a common roof and foundation.
Dwelling, Multiple Family - A structure containing three (3) or more dwelling units attached to each other by walls,
garages, carports, utility rooms, breezeways, etc. or conventional dwelling units, whether attached or detached from
each other, which share a single deeded lot. Each dwelling unit of the multiple family structures may be located on
one (1) deeded lot or may be on separately deeded lots. Multifamily dwellings include structures commonly called
garden apartments, apartments, and condominiums.
Dwelling, Single-Family - A structure containing a single dwelling unit, detached from other dwelling units by
horizontal or vertical space with no connection provided by walls, garages, carports, utility rooms, breezeways, etc.
Easement - An interest in land owned by another which entitles its holder to a specific use or enjoyment.
Electric Sign - Any sign containing electric wiring.
Elevated Building - A non-basement building built to have the lowest floor elevated above the ground level by means
of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls.
Elevation (Geography) - Vertical distance to a point or object from sea level or some other datum, as specified within
the LDC.
Elevation (Structures) - A drawing showing the vertical elements of a building, either exterior or interior, as a direct
projection to a vertical plane.
Encroachment - The advancement or infringement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
Erect a Sign - To construct, reconstruct, build, relocate, raise, assemble, place, affix, attach, create, paint, draw, or
in any other way bring into being or establish; but it shall not include any of the foregoing activities when performed
as an incident to the change of message, or routine maintenance.
~ 20 ~
ERU (Sewer) - Equivalent residential unit of sewer usage
ERU (Water) - Equivalent residential unit of potable water usage
Ex Parte - An oral and/or written communication with a decision-maker regarding an application for development
approval which occurred prior to the quasi-judicial hearing at which the decision-maker is to consider such
application. An ex parte communication includes a private site visit to the property that is the subject of the
application for development approval.
Existing - The average condition immediately before development or redevelopment commences.
Existing Building and Existing Structure - Any buildings and structures for which the "start of construction"
commenced before July 27, 1976. [Also defined in FBC, B, Section 1612.2.]
Existing Construction - Any structure for which the start of construction commenced before enactment of this article
which establishes the area of special flood hazard.
Existing Manufactured Home Park or Subdivision - A manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before July 27, 1976.
Expansion to an Existing Manufactured Home Park or Subdivision - The preparation of additional sites by the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Facade - That portion of a building encompassing the area extending in a generally vertical plane from the ground
to the highest point of the building, marquee, or canopy and extending in a horizontal plane between the vertical
ends of the structure.
Facade Area - The area within a two-dimensional geometric figure coinciding with the edges of the walls, windows,
doors, parapets, marquees and roof slopes of greater than 45 degrees that form a side of a building or unit. Except
roof slopes of greater than 45 degrees that are above a roof slope of less than 45 degrees and form the roofline of
the building shall not be considered as a facade area.
Farmers Market - A group of vendors principally involved in the sale of locally produced and grown fruits, vegetables,
meats, prepared foods, and art and crafts.
Feepayer - A person who is obligated to remit or who has remitted all, or a portion of the impact fee described
herein.
Finished Floor Elevation - The top of a floor surface of an enclosed area in a building (including basement) i.e. top
of slab in concrete slab construction or top of wood flooring in wood frame construction measured from the mean
sea level.
Flag - A sign made of fabric or other similar non-rigid material supported or anchored along only one edge or
supported or anchored at only two (2) corners.
Flood Damage-Resistant Materials - Any construction material capable of withstanding direct and prolonged contact
with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B,
Section 1612.2.]
Flood Hazard Area - The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]
1. The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.
2. The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally
designated.
Flood Hazard Boundary Map (FHBM) - An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A.
~ 21 ~
Flood Insurance Rate Map (FIRM) - The official map of the City on which the Federal Emergency Management
Agency has delineated both special flood hazard areas and the risk premium zones applicable to the City. [Also
defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS) - The official report provided by the Federal Emergency Management Agency that
contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface
elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.]
Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land from:
[Also defined in FBC, B, Section 1612.2.]
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Floodplain - Land which will be inundated by floods known to have occurred or reasonably characteristic of what
can be expected to occur from the overflow of inland or tidal waters and the accumulation of runoff of surface
waters from rainfall.
Floodplain Administrator - The office or position designated and charged with the administration and enforcement
of the provisions of Section 5.05.00 of this LDC (may be referred to as the Development Administrator).
Floodplain Development Permit or Approval - An official document or certificate issued by the City, or other
evidence of approval or concurrence, which authorizes performance of specific development activities that are
located in flood hazard areas and that are determined to be compliant with Section 5.05.00 of this LDC.
Floodway - The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more than a
designated height. [Also defined in FBC, B, Section 1612.2.]
Floodway Encroachment Analysis - An engineering analysis of the impact that a proposed encroachment into a
floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared
by a qualified Florida licensed engineer using standard engineering methods and models.
Floor - The top surface of an enclosed area in a building (including basement), i.e. top of slab in concrete slab
construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage
used solely for parking vehicles.
Floor Area Ratio (FAR) - A measurement of the intensity of development on a site. The floor area ratio is the
relationship between the total floor area of all buildings on a site and the gross site area. The FAR is calculated by
adding together the floor areas of all floors except mechanical areas and parking areas and dividing this total by the
gross site area. FAR = Total building floor area divided by total lot area.
Florida Building Code - The family of codes adopted by the Florida Building Commission, including: Florida Building
Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code,
Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
Food Code - This term as used in chapters 61C-1, 61C-3 and 61C-4, F.A.C., means paragraph 1-201.10(B), chapter 2,
chapter 3, chapter 4, chapter 5, chapter 6, chapter 7, and sections 8-103.11 and 8-103.12 of the Food Code, 2009
Recommendations of the United States Public Health Service/Food and Drug Administration including Annex 3:
Public Health Reasons/Administrative Guidelines; Annex 5: Conducting Risk-based Inspections, herein adopted by
reference. A copy of the food code, as adopted by the division, is available on the division's Internet website
www.MyFloridaLicense.com/dbpr/hr. A copy of the entire Food Code is available on the U.S. Food and Drug
Administration Internet website. Printed copies of the entire food code are available through the National Technical
Information Service, 5301 Shawnee Road, Alexandria, VA 22312.
Food Establishment - As utilized in the Food Code, this term shall apply to public lodging establishments and food
service establishments as defined in F.S. Chapter 509, according to the context of the applicable rule language.
~ 22 ~
Foundation - The site built supporting parts upon which the manufactured home is placed, whether constructed to
encompass the perimeter of the home or in the form of piers and including all exterior materials required to
physically screen, veneer or shield.
Frontage - The length of the property line of any one (1) premises parallel to and along a public right-of-way,
excluding alleyways.
Functionally Dependent Facility - A facility which cannot be used for its intended purpose unless it is located or
carried out in close proximity to water, such as a docking facility or port facility necessary for the loading and
unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not
include long-term storage, manufacture, sales, or service facilities.
Functionally Dependent Use - A use which cannot perform its intended purpose unless it is located or carried out in
close proximity to water, including only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term
storage or related manufacturing facilities.
Governmental Sign - A sign that directs and guides traffic to include signs for announcing government related
facilities, activities, and public service announcements.
Grade - The established average level of ground exclusive of mounds and berms.
Gross Acreage - The total number of acres within the perimeter boundaries of a development site.
Gross Density or Density - The total number of dwelling units divided by the total site area, less public right-of-way.
Gross Floor Area - The floor area within the inside perimeter of the exterior walls of the building under consideration,
exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of
interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with
surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The
gross floor area shall not include shafts with no openings or interior courts.
Ground Cover - Natural mulch or low-growing plants other than deciduous varieties installed to form a continuous
cover over the ground.
Ground Sign - A sign that is supported by one (1) or more columns, upright poles, or braces extended from the
ground or from an object on the ground, or that is erected on the ground, where no part of the sign is attached to
any part of a building.
Groundwater - Water beneath the surface of the ground whether or not flowing through known and definite
channels.
Harmful to Minors - With regard to sign content, any description or representation, in whatever form, of nudity,
sexual conduct or sexual excitement, when it:
1. Predominately appeals to the prurient, shameful or morbid interest of minors in sex;
2. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is
suitable sexual material for minors;
3. Taken as a whole, lacks serious literary, artistic, political or scientific value.
The term "harmful to minors" shall also include any non-erotic word or picture when it is patently offensive to
contemporary standards in the adult community as a whole with respect to what is suitable for viewing by
minors; and taken as a whole, lacks serious literary, artistic, political or scientific value.
Highest Adjacent Grade - The highest natural elevation of the ground surface prior to construction next to the
proposed walls or foundation of a structure.
Historic Resource - Any prehistoric or historic district, site, building, object, or other real or personal property of
historical, architectural, or archaeological value. These properties or resources may include, but are not limited to,
monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, engineering works,
~ 23 ~
architectural interiors, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof,
relating to the history, government, and culture of the City.
Historic Structure - Any structure:
1. That is listed individually in the National Register of Historic Places (a listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify
as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs
that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in states without approved programs.
Historical Site - Any place, building, or district of historical, architectural or archaeological significance or value which
has been officially identified in the National Register of Historic Places, or by the State Division of Archives, History
and Records Management or by the City.
Illegal Sign - Any sign not conforming to or provided an exception by this article.
Illuminated Sign - A sign which contains a source of light or which is designed or arranged to reflect light from an
artificial source including indirect lighting, neon, incandescent lights, and backlighting and shall also include signs
with reflectors that depend upon automobile headlights for an image.
Impact Fee - A fee levied for development to help defray costs associated with the impact of development upon
existing services.
Impervious Surface - A surface which has been compacted or covered with a layer of material so that it is highly
resistant to infiltration by water. The term includes most conventionally surfaced streets, roofs, sidewalks, parking
lots, and similar structures.
Improvement - Any manmade, immovable item which becomes part of, is placed upon, or is affixed to real estate.
Interior Area - The entire parcel to be developed, exclusive of the front perimeter landscape area.
Interstate Highway I-10 Corridor Sign - A sign constructed within 1,000 feet of the nearest edge of the right-of-way
of Interstate I-10.
Itinerant Vending Operations - A term used that generally refers to the itinerant vending categories as a whole, with
respect to certain site requirements or components of an itinerant vending use.
Itinerant Vendor - Any and all persons, firms and corporations, as well as their agents and employees, who engage
in the temporary and/or transient business which offers services, merchandise, wares, goods, and/or other articles
for purchase from one or more stationary or mobile locations and who, for the purpose of carrying on such business
may rent, lease, hire, or otherwise occupy a space in any building, structure or occupy any area on a lot or parcel of
land or who occupies a vehicle, self-propelled or otherwise, through which any services, merchandise, wares, goods,
and/or other articles, may be traded, bartered, sold, offered for sale, or exhibited for sale within the city.
Junkyard - Premises or portions thereof used for the storage or sale of used and discarded materials, including but
not limited to paper, rags, metal, building materials, appliances, household furnishings, machinery, vehicles,
equipment, or parts thereof. The storage for a period of two or more months of two or more wrecked or partly
dismantled motor vehicles, parts of dismantled motor vehicles, or the sale of parts thereof, not capable of or not
intended to be restored to highway operating condition shall also constitute a junkyard. For the purposes of this
chapter, such uses as automobile reclaiming businesses, automotive wrecking businesses, automotive salvage
businesses and recycling centers shall be considered junkyards.
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Labor Intensive Transportation - Signage, striping of roadways, installation of sidewalks, recreational or bicycle
lanes, sidewalk ramps and other facilities designed for the handicapped, or to otherwise provide safe and convenient
nonmotorized traffic circulation in conjunction with motorized traffic.
Land - The earth, water, air, above, below, or on the surface.
Land Development Regulations - Any ordinance, foundation documents, rules and regulations adopted to carry out
the goals, objectives and policies of the comprehensive plan.
Landmark - A building, structure, or location of architectural, archaeological, or historic significance to Crestview
and which meets one (1) or more of the criteria for designation. A landmark may include an historical site which was
the location of a significant historical event. References to landmarks shall include any or all designated landmarks,
landmark sites, and archaeological sites.
Landowner - The legal or beneficial owner or owners of land
Landscape Plan - The placement of landscape material including, but not limited to, trees, shrubs, vines, lawn grass,
ground cover, landscape water features, and nonliving durable material commonly used in landscaping, including,
but not limited to, rocks, pebbles, sand, landscape fabric, brick pavers, earthen mounds, bu t excluding impervious
surfaces for vehicular use. Fifty percent of such area shall be living material.
Legal Advisor - The city attorney or other attorney appointed by the city council to serve in the capacity of legal
advisor to the Board of Adjustment of the City of Crestview.
Letter of Map Amendment (LOMA) - An amendment based on technical data showing that a property was
incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance
Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood
hazard area.
Letter of Map Change (LOMC) - An official determination issued by FEMA that amends or revises an effective Flood
Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
Letter of Map Revision (LOMR) - A revision based on technical data that may show changes to flood zones, flood
elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F) - A determination that a structure or parcel of land has been elevated
by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In
order to qualify for this determination, the fill must have been permitted and placed in accordance with the City's
floodplain management regulations.
Light-Duty Truck - As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight
Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of
45 square feet or less, which is:
1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
2. Designed primarily for transportation of persons and has a capacity of more than 12 persons; or
3. Available with special features enabling off-street or off-highway operation and use.
Living Unit - Any temporary or permanent unit utilized for human habitation.
Lot - The latest fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter,
or other name through which it may be identified. The word "lot" shall include the words “property”, "plot," "parcel,"
or "tract."
Lot Depth - The distance measured in a mean direction of the side lines of the lot from the midpoint of the front line
to the midpoint of the opposite rear line of the lot.
Lot, Interior - A lot other than a corner lot, and abutting one (1) street. Alleys shall not be considered as streets.
Lot Line - A line that marks the boundary of a lot.
Lot Line, Front - Any lot line that abuts a public right of way
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Lot Line, Side - Any lot line that intersects a front lot line
Lot Line, Rear - Any lot line that is not a front or side lot line
Lot Width - The horizontal distance between the side lot lines measured at the median point between the foremost
point and the rearmost point of the side lot lines.
Lowest Floor - The floor of the lowest enclosed area of a building or structure, including basement, but excluding
any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage
provided that such enclosure is not built so as to render the structure in violation of the Florida Building Code or
ASCE 24. [Also defined in FBC, B, Section 1612.2.]
Macro Telecommunications Facilities - Those which are located on existing buildings, poles or other existing support
structures and which project more than three feet above the top of the structure but no more than ten feet above
the roof line, parapet or top of the structure. Macro telecommunication facilities may exceed the height limitation
specified for the zoning district.
Maintenance - Action taken to restore or preserve the original design and function of any development or
improvement
Major Arterial - U.S. Highway 90 and S.H. 85, within the city limits.
Major Deviation - A deviation other than a minor deviation from a final development plan.
Manufactured Home - A structure, transportable in one or more sections, which is eight (8) feet or more in width
and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or
without a permanent foundation when attached to the required utilities. The term "manufactured home" does not
include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured Home Park or Subdivision - A parcel (or contiguous parcels) of land divided into two (2) or more
manufactured home lots for rent or sale.
Manufactured Housing - A structure having the following features or characteristics, which is:
1. Mass-produced in a factory;
2. Designed and constructed for transportation to a site for installation and use when connected to required
utilities;
3. Either an independent, individual building or a module for combination with other elements to form a
building on the site.
Manufactured/Modular Building - A structure fabricated in an offsite manufacturing facility for installation or
assembly as a finished building or as part of a finished building on the building site. This shall include, but not be
limited to, residential, commercial, institutional, storage and industrial structures. The building must bear an insignia
of approval certifying that it is built in compliance with the requirements of the Florida Manufactured Building Act
of 1979.
Market Value - The price at which a property will change hands between a willing buyer and a willing seller, neither
party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used herein,
the term refers to the market value of buildings and structures, excluding the land and other improvements on the
parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost
depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by
a factor provided by the Property Appraiser.
Marquee - A structure projecting from and supported by a building which extends beyond the building line or
property line and fully or partially covers a sidewalk, public entrance or other pedestrian way.
Message - Any wording, logo or other representation that, directly or indirectly, names, advertises or calls attention
to a business, product, service or other activity.
Micro Irrigation (Low Volume) - The frequent application of small quantities of water directly on or below the soil
surface, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery
~ 26 ~
pipes (laterals). Micro irrigation encompasses a number of methods or concepts including drip, subsurfaces, bubbler,
and spray irrigation, previously referred to as trickle, low volume, or low flow irrigation.
Micro Telecommunications Facilities - Those which are located an existing buildings, poles or other existing support
structures where antennae do not project more than three feet above the top of the structure and there are no
more than six antennae per site.
Minor Deviation - A deviation from a final development plan that falls within the following limits and that is
necessary in light of technical or engineering considerations first discovered during actual development and not
reasonably anticipated during the initial approval process:
1. Alteration of the location of any road, walkway, landscaping or structure by not more than five feet.
2. Reduction of the total amount of open space by not more than five percent, or reduction of the yard area
or open space associated with any single structure by not more than five percent; provided that such
reduction does not permit the required yard area or open space to be less than that required by this code.
Minor Subdivision/Replat - The subdivision of a single lot or parcel of land into two lots or parcels or the subdivision
of a parcel into two or more lots solely for the purpose of increasing the area of two or more adjacent lots or parcels
of land, where there is no roadway, drainage or other required improvements, and where the resultant lots comply
with the standards of this code.
Mobile Food Dispensing Vehicle - Any vehicle that is a public food service establishment and that is self-propelled
or otherwise movable from place to place and includes self-contained utilities, including, but not limited tom gas,
water, electricity, or liquid waste disposal.
Mobile Food Vendor - Any itinerant vendor, which travels by self-propelled or non-self-propelled vehicle, trailer,
wagon, or any other conveyance, from place to place, or from street to street, carrying, conveying or transporting
edible goods, such as meats, fish, vegetables, fruit, or other, which are sold, offered for sale, and/or exhibited for
sale. The term mobile food vendor includes but is not limited to the terms lunch wagon, cart, ice cream truck, mobile
food truck and others.
Mobile Home - A structure fabricated prior to June 15, 1976, and transportable in one (1) or more sections, which
is eight (8) feet or more in width and which is built on an integral chassis and designed to be used as a one -family
dwelling when connected to the required utilities.
Monopole Tower - A telecommunications tower consisting of a single pole, constructed without guy wires or ground
anchors.
Monument Sign - A sign, which is attached to a self-supporting structure and is not attached or affixed in any way
to a building or other structure.
Multifamily Dwelling - any residential structure containing two or more separate dwelling units.
Multiple-Occupancy Complex - a commercial use, i.e., any use other than residential or agricultural, consisting of a
parcel of property, or parcel of contiguous properties, existing as a unified or coordinated project, with a building or
buildings housing more than one occupant.
National Geodetic Vertical Datum (NGVD) (As Corrected In 1929) - A vertical control used as a reference for
establishing varying elevation within the floodplain.
Natural Systems - Systems which predominantly consist of or are used by those communities of plants, animals,
bacteria and other flora and fauna which occur indigenously on the land, in the soil or in the water.
Net Acreage - The total number of acres within the perimeter boundaries of a PUD excluding areas devoted to
streets, rights-of-way, easements, lakes, public and private open space and recreation areas.
New Construction - For the purposes of administration of Section 5.05.00 and the Florida Building Code, structures
for which the "start of construction" commenced on or after July 27, 1976, and includes any subsequent
improvements to such structures.
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New Manufactured Home Park or Subdivision - A manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after July 27, 1976.
Nonresidential - Any building or structure or portion thereof that is not classified residential in accordance with the
Florida Building Code, Building (Residential Group R or Institutional Group I) and ASCE 24. [Also see definition in ASCE
24.]
Object - A material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature of
design, movable, yet related to a specific setting or environment.
Occupant (Occupancy) - A commercial use, i.e., any use other than residential or agricultural.
Ordinary Maintenance - Work which does not require a construction permit and that is done to repair damage or
to prevent deterioration or decay of a building or structure or part thereof as nearly as practicable to its condit ion
prior to the damage, deterioration, or decay.
Original Appearance - The appearance (except for color) which, to the satisfaction of the director (preservation
planner), closely resembles the appearance of either (1) the feature on the building as it was originally built or was
likely to have been built, or (2) the feature on the building as it presently exists so long as the present appearance is
appropriate, in the opinion of the planning director, to the style and materials of the building.
Outdoor Advertising Sign - A permanent ground sign meeting the structural requirements of the Florida Building
Code, attached to which is a sign face the bottom of which is at least 20 feet above the ground, and which is at least
200 square feet in size. Outdoor advertising signs advertise businesses not located on the premises and is
synonymous with the term off-site sign.
Owner - The person in who is vested the fee ownership, dominion, or title of property.
Parcel - A unit of land within legally established property lines.
Park Trailer - A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a
single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary
for operation of installed fixtures and appliances. [Defined in 15C-1.0101, F.A.C.]
Peddler - Any person who carries from place to place any goods wares or merchandise which may be sold, is
exhibited for sale, and may or may not be immediately delivered, or bartered the same, shall be deemed to be a
peddler. All persons who do not keep a regular place of business, open at all times during regular business hours and
at the same place, who shall offer for sale goods, wares and merchandise, shall be deemed peddlers under this
article. All persons who keep a regular place of business, open at all times in regular business hours and at the same
place, who shall, elsewhere than at such regular place of business, personally or through their agents, offer for sale
or sell and, at the time of such offering for sale, deliver goods, wares and merchandise, shall also be deemed peddlers
as above.
Permanent - Designed, constructed and intended for more than short term use.
Person - Any individual, group of individuals, corporation, partnership, association, or any other entity, including
state and local governments and agencies.
Plan - Any plan or set of plans illustrating or defining the proposed development of land
Planned Mixed Development District (PMDD) - An area of land devoted by its owner to development as a single
entity for a number of dwelling units, and/or commercial uses in accordance with a plan which does not necessarily
comply with the provisions of this ordinance with respect to lot size, lot coverage, setbacks, off-street parking, bulk
or type of dwelling, density and other regulations.
Planned Unit Development (PUD) - A parcel or combination of contiguous parcels designed and developed as a
single, integrated unit rather than as an aggregate of individual lots or buildings, with design flexibility from the
development standards applicable to the zoning district.
~ 28 ~
Planting Area - Any area designed for landscape material installation having a minimum of 50 square feet and a
minimum depth as measured perpendicular to the adjacent property line, of five feet, and consisting of suitable
growing medium with proper drainage.
Plat - A map or drawing depicting the division of lands and lots, blocks, parcels, tracts, or sites, and streets.
Pole Sign - A freestanding sign that is not attached or affixed in any way to a building or other structure. The sign
must have a concealed means of support equal to a minimum of thirty (30) percent of the overall sign width.
Pollutant - Any substance, contaminant, noise, or manmade or man-induced alteration of the chemical, physical,
biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful
or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the
enjoyment of life or property, including outdoor recreation.
Portable Sign - Any sign which is manifestly designed to be transported by trailer or on its own wheels, including
such signs even though the wheels may be removed and the remaining chassis or support structure converted to an
A- or T-frame sign and attached temporarily or permanently to the ground.
Premises - A parcel of land consisting of a lot, tract, parcel, other unit, or combinations thereof, recorded in the
public records of Okaloosa County.
Principal Use or Building - The main or primary purpose for which a structure or lot is designed, arranged, or
intended or for which it may be occupied or maintained.
Projecting Sign - A sign attached to and supported by a building or other structure and which extends at any angle
there from.
Protected Environmentally Sensitive Area - An environmentally sensitive area designated for protection in the
conservation element of the city comprehensive plan.
Protected Tree - Native (indigenous) trees protected and identified by species and size in section 6.08.09.
Protected Wellhead - Those wellheads with a permitted capacity of 100,000 gpd or more.
Public Food Service Establishments - As defined in F.S. § 509.013(5), are licensed in accordance with the following
classifications and requirements:
Non-seating:
1. Permanent. Permanent non-seating establishments are classified as those fixed public food service
establishments for which the sole service provided is intended as take-out or delivery, or which do not
otherwise provide accommodations for consumption of food by guests on the premises, or premises under
the control of the operator. For the purposes of this section, establishments located at food courts and
malls are classified in this manner as long as seating is not provided within the premises of the
establishment itself.
2. Mobile food dispensing vehicle. Mobile food dispensing vehicles are classified as any vehicle mounted
public food service establishments which are self-propelled or otherwise movable from place to place and
include self-contained utilities, such as gas, water, electricity and liquid waste disposal.
3. Caterer. Caterers are classified as any public food service establishments where food or drink is prepared
for service elsewhere in response to an agreed upon contract for a function or event. The term includes
catering kitchens. For the purpose of this rule, the term "caterer" does not include those establishments
licensed pursuant to F.S. Chapter 500 or F.S. Chapter 381, or any other location where food is provided or
displayed for sale by the individual meal. A licensed public food service establishment that also provides
catering services is not required to hold a separate catering license from the division. Caterers must meet
all applicable standards of a public food service establishment as provided in rules 61C-1.004, 61C-4.010
and 61C-4.023, F.A.C. Separate independent caterers utilizing the equipment or premises of a licensed
public food service establishment are deemed operators as defined by section F.S. § 509.013(2), of such
public food service establishment and subject to all applicable requirements of law and rule.
Temporary public food service establishments and vendors: Formatted: Indent: Left: 0", Space After: 0 pt
~ 29 ~
1. Temporary public food service establishments are classified as those establishments operated at temporary
food service events as defined in F.S. § 509.013(8). If upon inspection the temporary public food service
establishment does not meet minimum sanitation standards as provided in chapters 61C-l and 61C-4, F.A.C.,
food service operations shall be discontinued until corrections are complete and verified by the division of
hotels and restaurants of the department of business and professional regulation.
2. Public food service establishments that have a current license may operate one facility at a temporary event
as part of the existing license. Each additional facility operated by the same licensee must acquire a separate
temporary food service event license.
Rate - Volume per unit of time.
Reader Board - A sign with letters that can be changed or rearranged to display a message that is attached to a
permitted permanent accessory ground sign. May be a sign with electronic automatic changeable copy.
Real Estate Sign - A sign on premises that are offered for sale or lease.
Recreational Vehicle - A vehicle, including a park trailer, which is: [Defined in section 320.01(b), F.S.)
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
Redevelopment - The demolition or removal of the principal structure or more than 50 percent of the impervious
surface of a site. Redevelopment also applies to properties or structures undergoing a change of occupancy or which
are being reoccupied after being vacant for six months or more.
Regulatory Floodway - The channel of a river or other watercourse and the adjacent land areas that must be
unobstructed in order to discharge the base flood without increasing the water surface elevation of that flood more
than one foot at any point.
Remove - To relocate, cut down, damage, poison, or in any other manner destroy or cause to be destroyed, a tree.
Retention - The collection and storage of water runoff without subsequent surface discharge to surface waters.
Right-of-Way (ROW) - Land dedicated, deeded, used or to be used, for a street, alley, walkway, boulevard, drainage
facility, access for ingress, egress, or other purpose.
Roof Sign - A sign erected over or on the roof, or extending above the roof line, which is dependent upon the roof,
parapet or upper walls of any building, or portion thereof, for support.
Roofline - A horizontal line intersecting the highest point or points of a roof.
Runoff - Water which is not absorbed by the soil or landscape to which it is applied and flows from the area.
Runoff Coefficient - The ratio of the amount of rain which runs off a surface to that which falls on it, a factor from
which runoff can be calculated.
Sandwich or Sidewalk Sign - A moveable sign not secured or attached to the ground constructed in such a manner
as to form an "A" or a tent-like shape, hinged or not hinged at the top.
Search Ring - The geographic area in which a provider's antenna is intended to be located to serve the provider's
coverage area.
Sediment - The mineral or organic particulate material that is in suspension or has settled in surface waters or
groundwaters.
Setback - A perpendicular measurement made from all property lines where contstruction of the principal structure
is prohibited
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Shade Tree - Any species of tree identified in section 6.08.09 that is well-shaped, well-branched and well-foliated,
which normally grows to an overall height of at least 25 feet and normally develops an average mature spread of
crown greater than 20 feet in the city.
Shrub - A woody perennial plant differing from a perennial herb by its persistent and woody stems and from a tree
by its low stature and habit of branching from the base.
Sidewalk or Sandwich Sign - A moveable sign, no greater than six square feet, not secured or attached to the ground
or any building or structure and displayed in or proximate to areas of pedestrian traffic.
Sign - Any writing, pictorial presentation, number, illustration, or decoration, banner or pennant, or other device
which is used to announce direct attention to, identify, advertise, or otherwise make anything known. The term
"sign" shall not be deemed to include the terms "building" or "landscaping," or any architectural embellishment of
a building not intended to communicate information.
Sign Face - The part of a sign that is or may be used for copy.
Sign Face Area - The area of any regular geometric shape which contains the entire surface area of a sign upon which
copy may be placed.
Sign Structure - Any construction used or designed to support a sign.
Significant Adverse Effect - Any modification, alteration, or effect upon a protected environmentally sensitive area
which measurably reduces the area's beneficial functions as delineated in the conservation element of the city
comprehensive plan.
Single-Family Dwelling - A structure containing one dwelling unit, and not attached to any other dwelling unit by
any means.
Site - Any tract, lot or parcel of land or combination of tracts, lots, or parcels of land which are in one (1) ownership,
or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or
project.
Site (Archaeological) - The location of a significant event, activity, building, structure, or archeological resource
where the significance of the location and any archeological remains outweighs the significance of any existing
structures.
Site Plan - A drawing, to scale, which accurately depicts the property and proposed improvements.
Sketch Plan - An informal plan indicating the salient existing features of a site and its surroundings, and the general
layout of a proposed development.
Snipe Sign - Any sign of any material whatsoever that is attached in any way to a utility pole, tree, or any object
located or situated on any public road rights-of-way, easements, or alleys.
Solicitation - A request, directly or indirectly, for money, property, financial assistance, or any other thing of value
on the plea or representation that such money, property, financial assistance, or other thing of value or a portion of
it will be used for a charitable or sponsor purpose or will benefit a charitable organization or sponsor. The term
includes, but is not limited to, the following methods of requesting or securing the promise, pledge, or grant of
money, property, financial assistance, or any other thing of value:
1. Making any oral or written request;
2. Making any announcement to the press, on radio or television, by telephone or telegraph, or by any other
communication device concerning an appeal or campaign by or for any charitable organization or sponsor
or for any charitable or sponsor purpose;
3. Distributing, circulating, posting, or publishing any handbill, written advertisement, or other publication
that directly or by implication seeks to obtain any contribution; or
4. Selling or offering or attempting to sell any advertisement, advertising space, book, card, coupon, chance,
device, magazine, membership, merchandise, subscription, sponsorship, flower, admission, ticket, food, or
other service or tangible good, item, or thing of value, or any right of any description in connection with
~ 31 ~
which any appeal is made for any charitable organization or sponsor or charitable or sponsor purpose, or
when the name of any charitable organization or sponsor is used or referred to in any such appeal as an
inducement or reason for making the sale or when, in connection with the sale or offer or attempt to sell,
any statement is made that all or part of the proceeds from the sale will be used for any charitable or
sponsor purpose or will benefit any charitable organization or sponsor.
A solicitation is considered as having taken place regardless of whether the person making the solicitation
receives any contribution. A solicitation does not occur when a person applies for a grant or an award to the
government or to an organization that is exempt from federal income taxation under section 50l(a) of the
Internal Revenue Code and described in section 501(c) of the Internal Revenue Code and is duly registered with
the department.
Solicitor - Any person, firm, or corporation as well as their agents and employees, who engage in any means of
request, directly or indirectly, for money, property, financial assistance, or any other thing of value on the plea or
representation that such money, property, financial assistance, or other thing of value or a portion of it will be used
for a charitable purpose or will benefit a charitable organization or sponsor. The term shall also include, but is not
limited to, taking or attempting to take orders for the sale of goods, wares or merchandise, subscriptions or personal
property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future,
whether or not such individual has, carries or exposes for sale a sample of such sale or wheth er he is collecting
advance payments on such sale or not; distributing, circulating, posting, or publishing any handbill, written
advertisement, or other publication that directly or by implication seeks to obtain any contribution shall also be
included in this term.
Special Flood Hazard Area - An area in the floodplain subject to a one (1) percent or greater chance of flooding in
any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.
The term also includes areas shown on other flood hazard maps, if such maps are adopted by the City of Fort Walton
Beach or otherwise legally designated. [Also defined in FBC, B Section 1612.2.]
Start of Construction - The date of issuance for new construction and substantial improvements to existing
structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or
other improvement is within 180 days of the date of the issuance. The actual start of construction means either the
first placement of permanent construction of a building (including a manufactured home) on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation
of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary
forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not
part of the main buildings. For a substantial improvement, the actual "start of construction" means the first
alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects
the external dimensions of the building. [Also defined in FBC, B Section 1612.2.]
Statuary - Any three-dimensional, man-made representation of a plant, animal or other thing intended primarily to
attract attention and not intended or used to entertain or amuse customers of the business of which the statuary
belongs or is part.
Stormwater - The flow of water which results from, and that occurs immediately following, a rainfall.
Stormwater Management System - The system, or combination of systems, designed to treat stormwater, or collect,
convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site.
Stormwater Runoff - The portion of stormwater that flows from the land surface of a site either naturally, in
manmade ditches, or in a closed conduit system.
Street - A public or private right-of-way for vehicular traffic, including highways, thoroughfares, lanes, roads, ways
and boulevards. Where access to a parcel is a two-way drive within a parking facility, the two-way drive shall be
considered the street and signage located abutting the entrance side only of the drive.
~ 32 ~
Structure - Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It
includes a movable structure while it is located on land which can be used for housing, business, commercial,
agricultural, or office purposes either temporarily or permanently. "Structure" also includes fences, billboards,
swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs. Specifically excluded from the
definition of "structure" are canvas or vinyl covers up to 120 square feet in area.
Substantial Damage - Damage of any origin sustained by a building or structure whereby the cost of restoring the
building or structure to its before-damaged condition would equal or exceeds fifty (50) percent of the market value
of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.]
Surface Water - Water above the surface of the ground, whether or not flowing through definite channels, including
the following:
1. Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water,
and which has a discernible shoreline;
2. Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully,
ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or
intermittently, and which has a definite channel, bed or banks; or
3. Any wetland.
Survey - A sketch or survey prepared by a registered land surveyor and certified within the last 90 days prior to the
date of application.
Swimming Pool - As used in this article, the term "swimming pool" is hereby defined as a permanent receptacle for
water or an artificial pool of water, having a depth, at any point, of more than two feet, intended for the purpose of
immersion or a partial immersion therein of human beings, and including all pertinent equipment.
Telecommunications Facilities - Antennae, towers and related accessory structures either individually or together.
Temporary - Designed, constructed and intended to be used on a short-term basis.
Temporary Food Service Event - Any event of 30 or fewer consecutive days in duration, advertised and recognized
in the community, where food is prepared, served, or sold to the general public.
Temporary Sign - An attached on-premises sign made of non-rigid materials and intended to be displayed for a
limited time period.
Tower - A structure, such as a lattice tower, guy tower or monopole tower, constructed as a free-standing structure
or in association with a building, other permanent structure or equipment, on which is located one or more antennae
intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or
similar forms of electronic communication. The term includes microwave towers, common carrier towers, and
cellular telephone towers.
Tree - Any self-supporting, woody plant of a species which normally grows to an overall height of at least 12 feet and
normally develops an average mature spread of crown greater than 12 feet in the city.
Tree Protection Zone - A circular zone around each protected tree defined as follows:
1. If the dripline is less than six feet from the trunk of the tree, the zone shall be that area within a radius of
six feet around the tree.
2. If the dripline is more than six feet from the trunk of the tree, but less than 20 feet, the zone shall be that
area within a radius of the full dripline around the tree.
3. If the dripline is 20 feet or more from the trunk of the tree, the zone shall be that area within a radius of 20
feet around the tree.
Tree Removal - Any act which causes a tree to die within a period of two years, such acts including, but not being
limited to:
1. Cutting;
2. Inflicting damage upon a root system by machinery, storage of materials, or soil compaction;
~ 33 ~
3. Changing of the natural grade above or below a root system or around the trunk;
4. Inflicting damage on a tree;
5. Permitting infection or pest infestation;
6. Excessive pruning; or
7. Paving with concrete, asphalt or other impervious material within such proximity as to be harmful to a tree.
Unit - That part of a multiple-occupancy complex housing one occupant.
Use - The specific purpose, activity, or function for which land, a building, a lot, a sign, or a structure is intended,
designated, arranged, occupied, or maintained.
Variance - A grant of relief from the requirements of Section 5.05.00, or the flood load and flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner that, would not
otherwise be permitted by this LDC or the Florida Building Code.
Vehicle Sign - A sign affixed to or painted on the surface of a transportation vehicle, including automobiles, trucks,
boats, and trailers.
Vehicular Use Area - Any ground surface area, excepting public rights-of-way, used by any type of vehicle, whether
moving or at rest, for the purpose of, including, but not limited to, driving, parking, loading, unloading, storage or
display, such as, but not limited to, new and used car lots, activities of a drive -in nature in connection with banks,
restaurants, service or filling stations, grocery or convenience stores, and other vehicular uses under, on, or within
buildings.
Vines - Any of a group of woody or herbaceous plants which may climb by twining or which normally require support
to reach mature form.
Visual Screen - A barrier of living or nonliving landscape material put in place for the purpose of separating and
obscuring from view those areas so screened.
Wall Sign - A sign, painted on an exterior wall, or a separate structure which is approximately parallel to and
supported by a wall or other enclosure, and protrudes no more than six (6) inches from the wall surface.
Water Body - Any natural or artificial pond, lake, reservoir, or other area with a discernable shoreline which
ordinarily or intermittently contains waters.
Water or Waters - This term means, but is not limited to, water on or beneath the surface of the ground or in the
atmosphere, including natural or artificial watercourses, streams, rivers, lakes, ponds, or diffused surface water and
water percolating, standing, or flowing beneath the surface of the ground.
Water Use Zone - A grouping of sprays, sprinklers, or micro irrigation emitters so that they can be operated
simultaneously by the control of one (1) valve according to the water requirements of the plants used.
Waterbody or Surface Waterbody - Any natural or artificial pond, lake, reservoir, or other area which ordinarily or
intermittently contains water and which has a discernible shoreline.
Watercourse - A river, creek, stream, channel, or other topographic feature in, on, through, or over which water
flows at least periodically.
Water's Edge or Wetland's Edge - The water's or wetland's edge shall be determined by whichever of the following
indices yields the most landward extent of waters or wetlands:
1. The boundary established by the average annual high water mark;
2. The landward boundary of hydric soils; or
3. The landward boundary of wetland vegetation, based on the wetland vegetation index.
Waters of the State - Includes, but is not limited to, rivers, lakes, streams, springs, impoundments, wetlands, and all
other waters or bodies of water, including fresh, brackish, saline, tidal, surface, or underground waters.
Wellhead Protection Area - A diameter of 200 feet around a well site where no other land use is permitted.
~ 34 ~
Wetlands - Areas saturated by surface water or groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a dominance of vegetation adapted for life in saturated soil conditions.
Wetlands covered under this chapter shall include the following:
1. Areas within the dredge and fill jurisdiction of the State Department of Environmental Protection.
2. Areas within the jurisdiction of the U.S. Army Corps of Engineers, as authorized by Section 404, Clean Water
Act of section 10, River and Harbor Act.
3. Areas within the jurisdiction of the Northwest Florida Water Management District.
4. Areas identified by the state natural areas inventory.
Window Sign - A sign affixed or applied to the exterior of a window, or located on the inside of a window or within
ten (10) feet of a window or enclosed structure, and which is visib le from the street or building exterior through a
window or other opening.
Yard - An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except
by fences, trees, or shrubbery or as otherwise provided in this LDC.
Yard, Front - The area between the front building line and the any front lot line and the nearest building line of the
primary structure
Yard, Front, Primary – The area between any front lot line and the nearest building line of the primary structure face
containing the front door
Yard, Front, Secondary – Any front yard that is not a primary front yard
Yard, Rear -– The area between the rear building line, and the any rear lot line and the nearest building line of the
primary structure
Yard, Side - The area between a side building line, and theany side lot line and the nearest building line of the
primary structure
Zone of Exclusion - All land within a 200-foot radius of an existing or designated protected wellhead. No
development activities shall take place in the zone of exclusion.
~ 35 ~
CHAPTER 3
ADMINISTRATIVE PROCEDURES
3.00.00 - GENERALLY
3.00.01 - Purpose
The purpose of this Section is to establish the standards and procedures for review of proposed development within
the City of Crestview. This section also provides the development review processes that implement the goals,
objectives, and policies of the City of Crestview Comprehensive Plan and the other regulations of this Land
Development Code.
3.00.02 - Classification of Development Review Procedures
A. All development applications are subject to review requirements outlined in this Section.
B. Development applications are classified according to the decision-making authority for each type of application,
as set forth below.
1. Administrative. The following development applications shall be treated as administrative decisions:
a. Zoning or Flood Zone Verification Letters
b. Administrative Interpretations & Similar Use Determinations
c. Lot Splits and lot line adjustments
d. Special Exception Uses
e. Administrative Waivers
f. Development Orders
g. Administrative Permits
h. Temporary Use Permits
i. Business Tax Receipts
j. Minor Re-plats
k. Alcohol Beverage License Review
l. Appeals of Administrative Decisions
2. Quasi-judicial. The following shall be treated as quasi-judicial decisions:
a. Variances
b. Vacations - ROW/Easement/Lot/Plat
c. Conceptual Plats
d. Final Plats
e. PUDs and PUD Amendments - Major
f. Zoning Changes (Rezoning)
g. Appeals of Quasi-Judicial Decisions
3. Legislative. The following shall be treated as legislative decisions:
a. Annexations
b. LDC Text Amendments
c. Future Land Use Map Amendments
d. Comprehensive Plan Amendments
e. Appeals of Legislative Decisions
3.00.03 - Development Approval Process
Table 3.00.03 shows the development review process, the decision-making authority for each type of development
approval, and the appeal authority for each type of decision.
~ 36 ~
Table 3.00.03 - Development Approval and Required Notice
Decision Maker
Re
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m
e
n
d
a
t
i
o
n
De
c
i
s
i
o
n
M
a
k
e
r
Required
Notice
Re
c
o
r
d
i
n
g
PA Planning Administrator
Po
s
t
e
d
Ma
i
l
e
d
Pu
b
l
i
s
h
e
d
DIR Director of Community Development Services
PDB Planning and Development Board
CC City Council
CRT Okaloosa County Clerk of Court
CDS Community Development Services
Clerk City Clerk
Application Type
Ad
m
i
n
i
s
t
r
a
t
i
v
e
a Zoning or Flood Zone Verification Letters PA CDS
b Administrative Interpretations & Similar
Use Determinations PA DIR CDS
c Lot Splits and lot line adjustments PA CRT
d Special Exception Uses 0F
1 PA DIR X X X Clerk
e Administrative Waivers PA DIR CDS
f Development Orders PA DIR X Clerk
g Administrative Permits PA CDS
h Temporary Use Permits PA CDS
i Business Tax Receipts PA Clerk
j Minor Re-plats PA CRT
k Alcohol Beverage License Review PA Clerk
l Appeals of Administrative Decisions1F
2 DIR PDB CC CRT X Clerk
Qu
a
s
i
-Ju
d
i
c
i
a
l
a Variances DIR PDB X X X Clerk
b Vacations – ROW/Easement/Lot/Plat PDB CC X X Clerk
c Conceptual Plats PDB CC X CDS
d Final Plats PDB CC CRT
e PUDs and PUD Amendments - Major PDB CC X Clerk
f Zoning Changes (Rezoning) PDB CC X X X Clerk
g Appeals of Quasi-Judicial Decisions 2F
3 PDB CC CRT X CRT
Le
g
i
s
l
a
t
i
v
e
a Annexations PDB CC X X X CRT
b LDC Text Amendments PDB CC X Clerk
c Future Land Use Map Amendments PDB CC X X X Clerk
d Comprehensive Plan Amendments PDB CC X Clerk
e Appeals of Legislative Decisions3F
4 CC CRT X CRT
1 Special Use Exceptions: more information can be found at 3.04.04.
2 Appeals of Administrative Decisions: more information can be found at 9.03.00.
3 Appeals of Quasi-Judicial Decisions: more information can be found at 9.03.00.
4 Appeals of Legislative Decisions: more information can be found at 9.03.00.
~ 37 ~
3.00.04 - Application Timeline Table
Table 3.01.00.2 defines the application timelines for each application type.
Table 3.01.00.2 - Application Timelines4F
5 5F
6
Application Types
Ap
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p
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A
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Ap
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De
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Te
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h
n
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c
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l
R
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Re
s
p
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n
s
e
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o
A
p
p
l
i
c
a
n
t
Ap
p
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a
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R
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v
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s
i
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n
s
6F
7
Re
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b
m
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t
t
a
l
7F8
Re
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R
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8F9
Ap
p
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t
o
P
D
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&
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l
Mi
n
i
m
u
m
D
a
y
s
Ma
x
i
m
u
m
D
a
y
s
Supplemental
Standards
Day
1
Days
2-3
Day
4
Days
5-19
Days
20-34
Day
35
Days
36-50
Day
51
Days
52-66
Day
67 15 67
Special Exception
Uses
Day
1
Day
2
Day
3
Day
4
Days
5-7
Day
8
Days
9-11
Day
12
Days
13-15
Day
16 10 16
Development Order Day
1
Days
2-4
Day
5
Days
6-20
Days
21-35
Day
36
Days
37-67
Day
68
Days
69-83
Day
84 15 84
Variances Day
1
Day
2
Day
3
Day
4
Days
5-7
Day
8
Days
9-11
Day
12
Days
13-15
Day
16 10 16
Vacations -
ROW/Easement/Plat
Day
1
Day
2
Day
3
Day
4
Days
5-7
Day
8
Days
9-11
Day
12
Days
13-15
Day
16 10 16
Conceptual Plat Day
1
Days
2-3
Day
4
Days
5-19
Days
20-34
Day
35
Days
36-50
Day
51
Days
52-66
Day
67 15 67
Final Plats Day
1
Day
2-3
Day
4
Days
5-19
Days
20-34
Day
35
Days
36-50
Day
51
Days
52-66
Day
67 15 67
Planned Unit
Development
Day
1
Days
2-4
Day
5
Days
6-20
Days
21-51
Day
52
Days
53-
113
Day
114
Days
115-
145
Day
146 70 146
Zoning Changes Day
1
Day
2
Day
3
Day
4
Days
5-7
Day
8
Days
9-11
Day
12
Days
13-15
Day
16 10 16
Annexations Day
1
Day
2
Day
3
Day
4
Days
5-7
Day
8
Days
9-11
Day
12
Days
13-15
Day
16 10 16
LDC Text
Amendments
Day
1
Day
2-3
Day
4
Days
5-19
Days
20-34
Day
35
Days
36-50
Day
51
Days
52-66
Day
67 15 67
Future Land Use
Maps Amendments
Day
1
Day
2
Day
3
Day
4
Days
5-7
Day
8
Days
9-11
Day
12
Days
13-15
Day
16 10 16
Comprehensive Plan
Amendments
Day
1
Days
2-3
Day
4
Days
5-19
Days
20-34
Day
35
Days
36-50
Day
51
Days
52-66
Day
67 15 67
Staff will provide a process calendar upon request to include all relevant dates and deadlines.
3.00.05 - Application submittals
A. Unless otherwise indicated by a specific provision of this Chapter, the applicant for a development order, permit,
or approval under this Code must be the owner of the property that is the subject of the application or a duly
authorized agent of the owner. An applicant who is a contract purchaser must provide proof that the applicant
is an authorized agent for the property owner.
5 The Director may extend review periods by notifying the applicant in writing prior to the due date.
6 The applicant may request an extension to a time period by submitting the request in writing. The request may be approved or denied at the
discretion of the Director.
7 Subsequent resubmittals will follow the same number of days as stated in the above table.
8 Subsequent resubmittals will follow the same number of days as stated in the above table.
9 Subsequent resubmittals will follow the same number of days as stated in the above table.
~ 38 ~
1. For applications to vacate any portion of a platted subdivision, the Homeowners Association (HOA) must
provide their approval in writing.
2. Unless otherwise indicated by a specific provision of this Chapter or another City ordinance or regulation,
applications for development orders, permits and approvals under this Chapter shall be submitted to
Community Development Services.
B. Applications shall contain all information required for the type of application being submitted and shall include
all plans, data and supporting documentation as required under this code or specified within the application
form(s).
C. Community Development Services shall establish application forms and submittal requirements for all
development applications referenced in this Article.
D. Proof of Public Notice shall be required in accordance with Table 3.02.01.
E. Applications for various approvals and permits may be submitted for concurrent or simultaneous review.
1. Development order applications and permit applications may be submitted upon adoption of an annexation
ordinance but will not be approved until the Comprehensive Plan amendment and zoning change
ordinances are adopted.
F. The Community Development Services Director shall have the discretion to require a PDB review of a
development order application, or administrative permit review for development of buildings, structures,
improvements and installations when the director or the City Attorney deems that such review is necessary to
protect due process or in cases where a conflict may exists.
3.00.06 - Pre-application meetings
A. Pre-application meetings are required for all Subdivision Development and Planned Unit Development (PUD)
applications.
1. All other applications for development do not require a pre-application meeting. However, they are highly
encouraged.
B. Upon request of an applicant, the Director or designee, may schedule a pre-application meeting with applicants
and appropriate City staff, for the purpose of reviewing a proposed development prior to the formal submission
of an application.
C. The pre-application meeting shall be informal, and its purpose shall be to discuss the proposals, views, and
concepts of the applicant. The purpose is also to discuss whether any additional information will be required.
1. Failure of staff to identify any required permits, procedures, or improvements at a pre-application meeting
shall not relieve the applicant of any such requirements or constitute waiver of the requirement by the
decision-making body.
D. At the pre-application meeting staff will:
1. Review the proposed project and any preliminary plans with the applicant.
2. Discuss and inform the applicant about the zoning requirements relevant to the proposal, information
necessary for an application, and the approval process(es) for the development. This does not preclude the
department from requesting additional information or waiving certain requirements for information later
during the review process.
3. Advise the applicant whether the proposed project conforms to the Comprehensive Plan or the
requirements of this Chapter.
E. Any recommendations or determinations reached during pre-application meetings are purely advisory and shall
not be binding.
3.00.07 - Fees Required
Each applicant for a development order, permit, approval, variance or appeal under this Article shall be required to
pay any application fee(s) as established in the Comprehensive Fee Schedule.
3.00.08 - Complete Applications Required
No application for a development order, permit, approval, variance or appeal under this Article shall be accepted or
reviewed by staff that does not include all required application materials and the required application fee(s). The
burden of providing complete and accurate information required by Community Development Services for each type
of application shall be on the applicant.
~ 39 ~
3.00.09 - Determination of Completeness
A. When an application for development order, permit, approval, variance or appeal is submitted, the Planning
Administrator, or designee, where applicable, shall determine whether the application is complete and in
conformance with this Land Development Code and Comprehensive Plan.
B. All applications shall be reviewed for completeness within ten three days of receipt. If the application does not
meet the requirements of this Article, the department shall notify the applicant or agent in writing, to include
electronic messaging, stating the additional information required or the modification(s) necessary for
conformance with the code.
C. No further action shall be taken on any application unless and until the additional information is submitted and
determined to be complete by the administrator.
D. If the deficiency has not been remedied within sixty days of receipt of notice thereof, the application shall be
automatically voided, and the Planning Administrator shall return the application to the applicant.
E. Review. When an application for development order, permit, approval, variance or appeal is determined to be
complete, the department shall notify the applicant, and commence review and processing of the application
in accordance with this Code.
3.00.10 - Review for Sufficiency and Code Requirements
A. Once an application is determined to be complete, City staff shall review the application, consult with other
agencies, issue comments to the applicant, consult with the applicant as necessary, and determine if the
application and supporting materials are sufficient to proceed forward.
B. Sufficiency determination timelines will vary dependent upon the application type.
C. For the purposes of this section, "sufficiency" shall constitute an analysis of the application to ascertain if the
application:
1. Meets the stated objective requirements of the Comprehensive Plan, this Code, and the City Code of
Ordinances; and
2. Includes the necessary analysis and information, in sufficient detail, to enable the decision-making body or
official to make the necessary determinations under the Comprehensive Plan and this Code.
3. The sufficiency and code requirements set forth herein shall be used by the City to evaluate the demands
created on public services and facilities by a proposed development, as required by this code and the
Comprehensive Plan, to ensure level of service standards. The following public services and facilities shall
be evaluated:
a. Potable water;
b. Sanitary Sewer;
c. Stormwater and Drainage facilities;
d. Environmentally sensitive lands;
e. Parks and open space;
f. Police and Fire protection;
g. Solid waste;
h. Transportation facilities.
D. If an application is determined to be insufficient, staff shall notify the applicant or agent in writing, to include
electronic messaging, stating the additional information required or the modification(s) necessary.
E. No further action shall be taken on an application which is determined to be insufficient until the insufficiencies
are resolved. If the insufficiencies have not been remedied within sixty days, the Planning Administrator may
void the application.
3.00.11 - Decision Making
A. Administrative approvals. Upon determination that an application and all supporting information are sufficient
to render a decision, the Planning Administrator, or designee, shall prepare a report and recommendation to
the Director. The Director shall take administrative action required by this code and approve the application,
approve the application with conditions, or deny the application.
~ 40 ~
B. Quasi-judicial and Legislative approvals. Upon determining that an application and all supporting information
are sufficient to render a decision and any inadequacies have been resolved, the Director or designee shall
prepare a report and recommendation to the appropriate decision-making or recommending body.
3.00.12 - General Review Procedure
A. General Requirements for all applications.
1. Applications for orders, permits or approvals shall be submitted on forms supplied by the Department and
any required supporting documentation, plans, or materials required by this Code or specified within the
application form(s).
2. Applications shall include any required fee(s) as established by the City Council.
3. Incomplete applications will not be accepted.
B. Withdrawal of applications. An applicant may withdraw an application at any time by submitting a letter of
request to the department or providing testimony of the requested withdrawal in a public hearing.
C. Effective date. All permits shall take effect on the day following the expiration of any appeal period as provide
in this Code.
D. Reliance on permits during pendency of appeals. Any action(s) taken by a permittee during the pendency of an
administrative or quasi-judicial appeal shall be at the sole risk of the permittee.
3.01.00 - PLANNING AND DEVELOPMENT BOARD
Pursuant to and in accordance with F.S. § 163.3174 and the Local Government Comprehensive Planning and Land
Development Regulation Act, as amended, the City Council finds that land use planning and a continuity of growth
management within the City benefits the public’s health, safety, and welfare.
The City Council further finds that this public purpose can best be achieved by establishing the Planning and
Development Board, which is established and designated as the Local Planning Agency (LPA) for the City of Crestview.
3.01.01 - Powers and Duties
A. Pursuant to and in accordance with F.S. § 163.3174 of the Local Government Comprehensive Planning and Land
Development Regulation Act, the City Council finds that there is a public purpose in coordinating the planning
of the City with the Okaloosa County School Board.
B. The Planning and Development Board/Local Planning Agency (hereinafter Board or PDB) shall have the authority
and responsibility to review land use in the City and evaluate planning and regulatory methods and systems for
resolving physical, economic, social, environmental and fiscal issues. The City Council directs the Board to carry
out functions and powers identified in this Land Development Code.
1. The Board shall use the power and authority conferred upon it by this Land Development Code (LDC) to
further its stated public purposes.
C. The Board shall receive and hear appeals in cases involving the LDC.
D. The Board shall receive and hear applications for special exceptions/uses and variances to the terms of this LDC,
and grant relief where authorized under this LDC. The Board shall also hear, determine and decide appeals,
reviewable interpretations, applications or determinations made by an administrative official in the
enforcement of this LDC, as provided herein.
E. The Board shall have any other powers or duties delegated by the City Council.
3.01.02 - Membership, Vacancy, Compensation
A. Membership. The Board shall consist of five core members. All members shall be residents of the City and will
be appointed by a majority vote of the City Council. The term of office for each member shall be three years,
or until a successor is appointed. Terms of office shall commence on the first day of March of the year in which
appointed.
B. Ex Officio Members. In addition to the five members, there may be two ex officio members. One may be
selected by the Okaloosa County School Board and one may be selected by the Commander at Eglin Air Force
Base. Each ex officio member may participate in all discussions of the Board in the same manner and to the
same extent as the other members of the Board. The ex officio member may not vote. Each ex officio member
may serve at the sole discretion of their represented agency.
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C. Alternate Members. In addition to the five members, two alternate members may be appointed by a majority
vote of the City Council to serve as alternates for the term of one year, or until a successor is appointed.
Alternate members shall be residents of the City. Alternate members shall substitute for absent members on a
rotating basis. When substituting for an absent member, an alternate member may vote and participate in all
discussions of the Board in the same manner and to the same extent as the other members of the Board. When
not substituting for an absent member(s), alternate members shall not vote on any matter, but may participate
in all discussions in the same manner and to the same extent as the other members. Board members and
alternate members shall be subject to any forfeiture of office provisions of the Crestview Code of Ordinances.
Whenever a vacancy occurs on the Board, the City Council shall fill the vacancy for the remainder of the term as
soon as practicable after the vacancy occurs.
D. Vacancies. If a vacancy occurs on the Board as the result of a resignation, death, or removal of a member, the
senior alternate member shall temporarily fill such vacancy without action by the City Council, until the City
Council appoints a successor regular member. In the event both alternates have served for the same continuous
period of time then the alternate who is next scheduled to substitute for an absent regular member according
to the rotation schedule shall temporarily fill the vacancy until the City Council appoints a successor. In the
event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall
promptly appoint a qualified person to the unexpired term of the alternate.
1. In the event a vacancy occurs on the Board; an alternate member may apply to be a regular member in the
same manner as other applicants. In the event an alternate member is appointed as a regular member,
then such appointment shall simultaneously terminate such person's position as an alternate member. In
that event, the City Council may then appoint another person to fill the resulting alternate member vacancy.
E. Attendance. In the event any member should miss three meetings in a 12-month period without justification,
they shall be considered as resigned from the board. In that event, the City Council may then appoint another
person to fill the resulting vacancy.
1. Alternate members may be allowed to miss up to five meetings in a 12-month period without justification.
2. In the event of an absence of any member, the Chairman of the Board shall determine if Staff had any
contact with the absent member providing the reason for the said absence. With that information the
Chairman shall ask for a motion and to excuse or not excuse the absence.
F. Compensation. Members of the Board shall receive no salary for their services but may receive such travel and
other expenses while on official business for the City as are made available by the City Council for these
purposes.
3.01.03 - Meetings, Quorum, Required Vote
A. Meetings. The Board shall schedule and hold at least one public hearing each month unless there is no business
to transact. The Board shall also meet at the call of the chairperson and other times as may be determined by a
majority of the Board.
B. Quorum
1. Three voting members of the Board shall constitute a quorum for the transaction of business. A smaller
number may act only to adjourn meetings for lack of a quorum.
2. The affirmative vote of a simple majority of the quorum shall be required to pass any action of the Board.
3. A member who is present shall vote unless disqualified.
C. Officers. The Board shall annually elect a chairperson and a vice-chairperson from among its members. All
officers shall be elected for one-year terms and shall be eligible for re-election.
3.01.04 - Staff, Attorney
A. Staff. Community Development Services shall provide staff support as necessary to the planning functions of
the Board, provide secretarial support for the Board in the execution of its duties, and record and transcribe in
summary form, the minutes of all Board meetings.
B. Staff shall keep minutes of all meetings and records of all transactions and deliberations. Such minutes and
records shall be filed in the appropriate offices of the City and shall be public records.
C. Attorney. The City Attorney shall serve as legal counsel to the Board.
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3.01.05 - Rules and Records
A. The Board shall adopt its own rules of procedure as deemed necessary; provided such rules shall not be contrary
to the spirit and intent of the Land Development Code, to the policies of the City, or to the requirements of the
State.
B. All meetings of the Board shall be open to the public.
C. The Board shall set up rules of procedure to monitor and oversee the effectiveness and status of the
Comprehensive Plan in order to make any recommendations to the City Council for revisions to the
Comprehensive Plan, consistent with the intent and purpose of the Land Development Code.
3.02.00 - PUBLIC NOTICE AND HEARINGS
3.02.01 - Public Notice Requirements
A. Public Hearing Notice Requirements
1. Required notice of public hearings. When required by this code, notice of public hearings shall be provided
by publication of an advertisement in a newspaper of general circulation, mailed notice to surrounding
property owners, or posting of the development site pursuant to the requirements of this section.
a. Table 3.02.01 summarizes the public hearing notice requirements for the administrative, quasi-judicial
and legislative applications under this Code.
B. Website posting. When required by this code, notices of public hearings for development applications may be
posted on the City of Crestview website. Failure to post an action on the City website shall not constitute a
violation of noticing requirements. In addition, information about public notice and public hearings may be
posted by the City on social media outlets.
C. Publication. When required by this code, publication of advertisements for public hearings shall meet the
minimum requirements outlined in the various sections of Florida Statutes pertaining to individual application
types and at least ten days prior to any quasi-judicial hearing taking up an application type not governed by
Florida Statutes.
D. Posting. When required by this code, the application site shall be posted with a notice of the public hearing on
a sign provided by Community Development Services at least fourteen days in advance of the first public hearing.
1. The number and placement of public notice signs shall be determined by the administrator.
2. The signs shall be removed by the applicant or the City after a final decision.
3. Application types requiring Administrative decision shall require posting, on-site, at least 14 days prior to
the final decision.
4. When the Director determines an application requires quasi-judicial review, the on-site posting shall be
considered satisfied if not removed until after a final decision.
E. Mailed notice. When required by this code, notice of a public hearing on a proposed development application
shall be mailed to all owners of real property within three hundred feet of the boundary line of the subject
property, whose names and addresses are listed on the latest published ad valorem tax records of the Okaloosa
County Property Appraiser.
F. Content. Generally, all public hearing notices shall contain the following information:
1. The scheduled date, time, and location of the hearing(s);
2. A general layman’s description of the nature of the matter to be addressed;
3. The address of the property or parcel identification number when an address has not been assigned;
4. That persons may appear and be heard;
5. That written comments filed with the department will be entered into the record;
6. That the hearing may be continued as necessary;
7. A telephone number and contact for more information;
8. The case number or title of the ordinance under consideration, if applicable; and
9. Such additional information as may be required pursuant to this code or applicable law for specific types of
development approval.
G. Timing of mailed notice. Notice shall be mailed a minimum of twenty-one days prior to the date set for the first
public hearing by first class mail. A copy of the notice shall be available for public inspection during regular
business hours at Community Development Services. If the application includes simultaneous or concurrent
actions, such as annexation, future land use map amendment and a rezoning, the notice may include all actions.
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H. Electronic Notice. Community Development Services may, as a courtesy, send an electronic notice to any
person(s) or organization(s) in the City, or to any governmental, public, or quasi-public organization(s) regarding
any matter that may affect the interests of that person or organization, or on any matter on which any such
person or organization has requested notice.
1. The failure of the Department to send such notice or the failure of any resident or property owner to receive
such courtesy notice shall not affect the validity of the public notice requirements.
I. Exceptions to Mailing and Posting. The mailing and posting notice requirements shall not apply to a land use
map amendment initiated by the Council, in response to a judicial order or compliance agreement as described
by Florida Statutes.
J. Continued or Rescheduled Meetings. Notice of subsequent hearings shall be mailed and published in accordance
with this section for:
1. Any hearing for which the PDB, Community Development Services Director, City Manager, or City Attorney
determines new notice should be provided, because of the time elapsed from the original notice, to correct
any defect, or apprise affected parties of significant changes to the application as originally noticed;
2. Any hearing continued to an unspecified date, time, and place; or
3. Any hearing where such new notice is required pursuant to applicable law or this Code.
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Table 3.02.01 - Development Application Notice Requirements
Application Type Notice and Timing Requirements
Posted Notice Mailed Notice Published Notice
Special Exception Uses
Posted at least fourteen
days prior to the public
hearing.
Sent first-class at least
ten days prior to the
public hearing
Published at least ten
days prior to public
hearing.
Development Orders
Property posted at least
fourteen days prior to
decision.
N/A N/A
Appeals of Administrative
Decisions N/A N/A
Published at least ten
days prior to public
hearing.
Variances
Property posted at least
fourteen days prior to
the public hearing.
Sent first-class at least
ten days prior to the
public hearing
Published at least ten
days prior to public
hearing.
Vacations -
ROW/Easement/Lot/Plat
Property posted at least
fourteen days prior to
decision.
N/A
Published in
conformance with
Florida Statutes.
Conceptual Plats
Property posted at least
fourteen days prior to
decision.
N/A N/A
Planned Unit Developments
Property posted at least
fourteen days prior to
decision.
N/A N/A
Zoning Changes (Rezoning)
Property posted at least
fourteen days prior to
the public hearing.
Sent first-class to all
property owners within
three hundred feet,
twenty-one days prior to
first public hearing.
Published in
conformance with
Florida Statutes
Appeals of Quasi-Judicial
Decisions N/A N/A
Published at least ten
days prior to public
hearing.
Annexations
Property posted at least
fourteen days prior to
the public hearing.
Sent first-class to all
property owners within
three hundred feet,
twenty-one days prior to
first public hearing.
Published in
conformance with
Florida Statutes
LDC Text Amendments N/A N/A
Published in
conformance with
Florida Statutes
Future Land Use Maps
Amendments
Property posted at least
fourteen days prior to
the public hearing.
Sent first-class to all
property owners within
three hundred feet,
twenty-one days prior to
first public hearing.
Published in
conformance with
Florida Statutes
Comprehensive Plan
Amendments N/A N/A
Published in
conformance with
Florida Statutes
Appeals of Legislative Decisions N/A N/A
Published at least ten
days prior to public
hearing.
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3.02.02 - Public Hearing Requirements and Procedures.
A. Scheduling for consideration. When an application is deemed sufficient pursuant to this LDC, the department
shall schedule a public hearing(s). No application shall be scheduled for consideration by the Planning and
Development Board (PDB), or City Council until either:
1. All deficiencies have been resolved; or
2. The applicant has, in writing, asked to proceed notwithstanding the unresolved deficiencies, guaranteed
that any insufficiencies will be resolved prior to development order issuance, and indicate that he or she is
fully aware that approval is not guaranteed.
B. Public Hearing Procedures.
1. General. All public hearings shall be open to the public. Members of the public, with standing, shall be
permitted to testify at all public hearings.
2. The applicant may withdraw an application by requesting such withdrawal in writing prior to the
commencement of the hearing or by withdrawing the application on the record at the start of the public
hearing.
3. Record of hearings. The City Clerk, or designee shall attend all hearings, and the City will whenever possible
record (audio, video, or both) all hearings. The City shall retain the original recording(s) in accordance with
the laws of the State of Florida, and, if requested, provide a duplicate of the recording(s).
4. Official file. All written communication received by the decision-making body or staff concerning an
application, by the public, and all other documents pertaining to the application shall be filed in the official
project file, which shall be maintained by staff.
a. The Comprehensive Plan, the City Code of Ordinances, and the Land Development Code shall be
deemed to be part of the official file. The official file shall be available for inspection during normal
business hours.
5. Order of public hearings. The hearing shall, to the extent possible, be conducted as follows:
a. The Council President / Mayor shall open the Public Hearing.
b. The City Clerk shall read into the record the ordinance or resolution title and number, or the applicant's
name, file number, and the subject matter to be decided if there is no ordinance or resolution.
c. For quasi-judicial hearings, the applicant, staff, and all parties with standing and requesting to speak or
present evidence or both at the hearing, shall be collectively sworn in by an oath or affirmation by the
City Attorney.
d. The applicant may waive their right to a quasi-judicial or evidentiary hearing if the applicant agrees
with staff's recommendation and no one from the audience wishes to speak for or against the
application.
e. The decision-making body may then vote on the item, rule on the matter or make a recommendation,
based upon the staff report and any other materials contained within the official file.
(1) Regardless of a waiver by the applicant, a public hearing shall be held for all decisions requiring an
ordinance or resolution.
f. If there is a quasi-judicial hearing, the order of the presentation shall be as follows, unless the Chair /
Mayor determines to proceed in a different order, taking proper consideration of fairness and due
process:
(1) Staff shall make presentation, including offering any documentary evidence, and introduce any
witnesses.
(2) Staff shall have the responsibility of presenting the case on behalf of the city. The staff report shall
be made available to the applicant and the decision-making body no later than five business days
prior to the quasi-judicial hearing. Staff shall present a brief synopsis of the application; introduce
any additional exhibits from the official file that have not already been transmitted to the City
Council with the agenda materials, summarize the issues, and make a recommendation on the
application. Staff shall also introduce any witnesses to provide testimony at the hearing.
(3) Public comment. Participants with standing, in opposition to or in support of the application shall
make their presentation in any order as determined by the Chair / Mayor. The Chair / Mayor may
set time limits for testimony when deemed appropriate. All participants with standing will be
afforded an opportunity to speak.
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(4) Public at large. The general public, those members without standing in the quasi-judicial
proceedings, shall be afforded the opportunity to speak on the subject. Each member of the
general public wishing to speak shall present their argument in less than three minutes.
(5) For hearings on quasi-judicial matters only, the applicant may cross-examine any witness and
respond to any testimony presented.
(6) For hearings on quasi-judicial matters only, staff may cross-examine any witness and respond to
any testimony presented.
(7) The Chair / Mayor may choose to allow participants to respond to any testimony if he or she deems
the response to be essential in ensuring fairness and due process.
(8) Members of the Planning and Development Board or City Council may ask any questions of the
staff, applicant, and participants.
(9) Final argument may be made by the applicant, related solely to the evidence in the record.
(10) Final argument may be made by the staff, related solely to the evidence in the record.
(11) For good cause shown, the PDB or City Council may grant additional time to any of the above time
limitations.
(12) The Chair or Mayor shall keep order, and without requiring an objection, may direct a party
conducting the direct examination or the cross-examination to stop a particular line of questioning
that, in the sole judgment of the Chair or Mayor merely harasses, intimidates, or embarrasses the
individual testifying or being cross-examined; is unduly repetitious, is not relevant; or is beyond
the scope of the application or, in the case of cross-examination, is beyond the scope of the
testimony by the individual being cross-examined. If the party conducting the direct examination
or cross-examination continues to violate directions from the Chair or Mayor to end a line of
questioning deemed improper as set forth herein, the Chair or Mayor may terminate the direct
examination or the cross-examination.
(13) The PDB or City Council may, on its own motion or at the request of any person, continue the
hearing to a fixed date, time, and place. The applicant shall have the right to one continuance;
however, all subsequent continuances shall be granted at the sole discretion of the PDB or City
Council.
g. Decisions. For all quasi-judicial hearings in which a decision is made regarding an application for any
development order or administrative permit, the decision to approve or deny shall be based on the
application meeting all applicable requirements of the Comprehensive Plan, the City Code of
Ordinances, and the Land Development Code, based on the entirety of the record before the PDB or
City Council. The PDB or Council decisions must be based upon competent substantial evidence in the
record.
6. Rules of Evidence for quasi-judicial hearings.
a. The decision-making body shall not be bound by the strict rules of evidence and shall not be limited
only to consideration of evidence which would be admissible in a court of law.
b. The Chair or Mayor may exclude evidence or testimony that is not relevant, material, or competent or
testimony which is unduly repetitious or defamatory.
c. The Chair or Mayor, with the advice of the City Attorney, will determine the relevancy of evidence.
d. Matters relating to an application's consistency with the Comprehensive Plan, the City Code of
Ordinances, or the Land Development Code will be presumed to be relevant and material.
e. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it
shall not be sufficient by itself to support a finding unless it would be admissible over objection in court.
f. Documentary evidence may be presented in the form of a copy of the original, if available. A copy shall
be made available to the decision-making body and to the staff no later than three business days prior
to the hearing on the application. Upon request, the applicant and staff shall be given an opportunity
to compare the copy with the original. Oversized exhibits shall be copied and reduced for convenient
record storage.
g. Only the applicant, an authorized representative of the applicant, staff, and the decision-making body
shall be entitled to conduct cross-examination when testimony is given, or documents are made part
of the record.
~ 47 ~
h. The City Attorney shall represent the decision-making body and advise it as to procedures to be
followed.
i. The PDB or City Council shall take judicial notice of all state and local laws, ordinances, and regulations
and may take judicial notice of such other matters as are generally recognized by the courts of the State
of Florida.
j. Supplementing the record after the quasi-judicial hearing is prohibited, unless specifically authorized
by an affirmative vote of the decision-making body, or authorized under the following conditions:
(1) The supplementation occurs after a quasi-judicial hearing is continued but prior to final action
being taken on the application or appeal.
(2) If a question is raised by the PDB or City Council at the hearing which cannot be answered at the
hearing, the party to whom the question is directed will submit the requested information in
writing to the City Clerk and the decision-making body after the quasi-judicial hearing, with copies
to the other parties, provided the hearing has been continued or another hearing has been
scheduled for a future date and no final action has been taken by the decision-making body. The
information requested will be presented to the decision-making body at least two business days
prior to the time of the continued hearing.
(3) All parties and participants shall have the same right with respect to the additional information as
they had for evidence presented at the hearing.
7. Final decision. The City Council shall reach a written decision without unreasonable or unnecessary delay.
A copy of the decision shall be provided to the City Clerk for transmission to the applicant, if the applicant
is not the City, a copy shall be provided to the Director of Community Development Services and the City
Attorney.
8. The Record. All evidence admitted into the record at the hearing, the official file, and the adopted
development order, ordinance, or resolution of the City Council or the written decision shall be maintained
by the City Clerk and/or Community Development Services.
9. Adjournment. The Chairperson, upon a vote of the majority present may adjourn a hearing to a date certain
without the necessity of additional notice. Adjournment to an uncertain date shall require notice as
required for the original hearing and by this Land Development Code.
10. Deferrals. If a hearing is concluded, but action is deferred until a future date, formal notice shall not be
required prior to action being taken.
11. Joint hearings. Where deemed necessary, joint hearings may be conducted after proper public notice. In
such instances, public notice need only be given by one public body, which shall be the City Council in
instances where it is one of the hearing bodies.
12. Regularly scheduled public hearing dates. The City Council may establish regular dates for public hearings
on zoning amendments. Such dates, if established by the City Council, shall not prevent the City Council
from scheduling additional public hearings whenever such public hearings are deemed necessary.
13. Reading of ordinances. Except for ordinances initiated by the City Council which rezone a parcel or parcels
of land involving ten or more contiguous acres, or change permitted, special exception, or prohibited use
categories in zoning districts, all ordinances shall be read, either by title or in full, on two separate days at
a duly noticed public hearing of the City Council.
14. The printed agenda for the meeting at which the quasi-judicial hearing is scheduled to take place shall
identify the hearing as quasi-judicial and indicate where copies of the procedures that apply may be
obtained.
C. Decisions under this Article.
1. When this Article authorizes the Community Development Services Director, the PDB or City Council to
make decisions under this Chapter, that decision shall be made pursuant to this Code of Ordinances and
shall make the decision based on whether the application complies with this Article and any regulations
authorized by this Code, and will protect the public's health, safety, and welfare.
2. Unless otherwise indicated in a provision of this Article, the Community Development Services Director,
PDB, or City Council may approve the application, deny the application, or approve the application subject
to conditions as stated in subsection (d) below.
3. Unless otherwise stated in this Article, or unless a different condition is attached to a development order,
permit or approval, development orders, permits and approvals granted under this Article are not affected
~ 48 ~
by changes in ownership or tenancy of the property. However, notice of ownership change and a copy of
the deed shall be required.
D. Conditions on Approvals.
1. The Community Development Services Director, PDB, or City Council may attach conditions to any quasi-
judicial order, permit or approval under this Chapter, provided the condition is required to bring the
development proposed in the application into compliance with the requirements of the Comprehensive
Plan or this LDC.
2. The Community Development Services Director, PDB or City Council may also attach conditions to any quasi-
judicial development order, permit or approval under this Code, provided the condition is necessary to
minimize or ameliorate potential adverse impacts of the development proposal.
a. Such conditions shall be reasonably related to the actual or potential impact(s) of the specific use,
activity, or structure in question.
E. Appeals.
1. Review by the Director. Applicants for administrative orders, permits and approvals may request a formal
review by the Community Development Services Director, within seven days of the date the administrative
decision was made. The request for review shall be accompanied by the approval or denial document, a
detailed explanation of the reason(s) proposed for reversal of decision, required fees and any relevant
documents related to the review as determined by the Planning Administrator. Upon formal request for
review, the Administrator shall review the relevant standards and present a written finding to the
Community Development Services Director.
a. The request for review shall be considered by the Community Development Services Director within
ten days of submittal of a complete request.
b. The Community Development Services Director may consult with the City Attorney's office on the
matter.
c. The Director shall provide a written determination to affirm the staff decision, grant the relief
requested in the review, with or without conditions, or respond to the applicant or respective manager
for further information, documentation, or proceedings. The written determination by the Director
shall be the final administrative decision.
2. Appeals of Community Development Services Director decisions (Administrative Appeal). An applicant
desiring to appeal a decision of the Community Development Services Director, shall, within ten days from
the date of such decision, file a written Notice of Appeal with Community Development Services. The appeal
shall then be heard by the PDB, acting as the Board of Adjustment, at a regularly scheduled meeting,
provided there is sufficient time to review the appeal and provide the required public notice.
a. A staff or Director's recommendation is not a decision and is not appealable.
3. Appeals from decisions of the City Council or PDB. An action to review any decision of the City Council or
PDB under these regulations may be taken by any person or persons aggrieved by such decision by
presenting to the Circuit Court a petition for issuance of a Writ of Certiorari, duly certified, setting forth that
such decision is illegal, in whole or in part, certifying the grounds of the illegality, provided same is done in
the manner and within the time provided by Florida Rules of Appellate Procedure.
4. Stay of proceedings. An appeal shall stay all proceedings in the matter appealed from until the final
disposition of the appeal by the City Council or PDB. The pendency of an appeal shall toll all time periods
applicable to the decision which is subject to appeal until final disposition of the appeal by the City Council
or PDB with regard to the appeal.
5. Record. The record to be considered in the appeal shall include any application, exhibits, appeal papers,
written objections, waivers, or consents considered by staff, the PDB, or City Council, as well as transcripts
and recordings taken at a public hearing, the PDB or City Council minutes, and resolutions or ordinances
showing the decision or action being appealed. The record shall also include the record made as a result of
any prior applications for development approval on the same property. The City Clerk shall identify all
exhibits used at the hearing. All exhibits so identified or introduced shall be a part of the City record.
~ 49 ~
3.03.00 - ADMINISTRATIVE DECISION MAKERS AND ENFORCEMENT OFFICERS
A. City Manager. The City Manager is the chief executive officer for the City of Crestview with ultimate authority
over the implementation of these regulations. The City Manager has the authority to delegate his or her
authority to City staff as necessary for the effective administration and enforcement of these regulations.
B. Department of Community Development Services. Community Development Services is the City department
charged with administration and enforcement of the Land Development Code.
C. Community Development Services Director. The Community Development Services Director is responsible for
the administration of these regulations. Specifically, the Community Development Services Director is
responsible for final approval of Development Order applications and construction authorization. The
Community Development Services Director shall have administrative responsibility to interpret the Land
Development Code.
D. Public Services Director. The Public Services Director is charged with the development and maintenance of the
City's Code relating to the provision of services including, Potable Water, Sanitary Sewer, Drainage, Recreation
and Transportation and implementation related to City maintained facilities. The Public Services Director may
establish Engineering Design Standards relating to the design and construction of improvements that consume
or otherwise utilize City services.
E. Building Official. The Building Official is responsible for the implementation of various building codes adopted
pursuant to the Florida Building Code and other applicable state statutes. The Building Official issues building
permits and certificates of occupancy, upon a determination by the City of compliance of permit applications
with the City regulations and any prior approvals by the City.
F. Planning Administrator. The Planning Administrator is responsible for duties under this Code or as assigned by
the Community Development Services Director. The Planning Administrator shall be responsible for receiving
and reviewing for completeness and sufficiency and for coordinating review of applications for Subdivision and
Planned Unit Development approvals, Development Order applications and for coordinating review of said
applications, review and approval of Administrative Permits, Zoning Compliance Certificates, and other forms
of development.
G. Compliance Administrator. The Compliance Administrator is responsible for the enforcement of the City of
Crestview's Code of Ordinances, Florida Statute 162 and various state statutes. The Compliance Administrator
issues Notices of Violation, Correction Notices, Stop Work Orders, Notices of Hearing, Notices of Compliance,
and Notices of Non-Compliance to both the public and private sectors regarding violations of the Land
Development Code, Code of Ordinances and various state statutes.
H. Floodplain Administrator. The Floodplain Administrator shall serve as required to administer and implement the
floodplain management regulations set forth in Chapter 3. As required by FEMA, the floodplain administrator
shall have the following duties:
1. Review local development permits to assure sites are reasonably safe from flooding;
2. Review all local development permits to assure that the permit requirements of Section 5.05.00 have been
satisfied;
3. Require copies of additional Federal, State, or local development permits, especially as they relate to
Sections 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065; and Chapter 553, Part IV, Florida
Statutes, be submitted along with the local development permit application and maintain such permits on
file with the development permit;
4. Notify adjacent communities, the Florida Division of Emergency Management - State Floodplain
Management Office, the Northwest Florida Water Management District, FEMA, and other Federal and/or
State agencies with statutory or regulatory authority prior to any alteration or relocation of a watercourse;
5. Notify FEMA within six (6) months when new technical or scientific data becomes available to the
community concerning physical changes affecting flooding conditions so that risk premium rates and flood
plain management requirements will be based on current data;
6. Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is
maintained;
7. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A-Zones) of all new
and substantially improved buildings, in accordance with Section 5.05.00;
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8. Verify and record the actual elevation (in relation to mean sea level) to which the new and substantially
improved buildings have been flood-proofed, in accordance with Section 5.05.00;
9. Review certified plans and specifications for compliance. When flood proofing is utilized for a particular
building, certification shall be obtained from a registered engineer or architect certifying that all areas of
the building, together with attendant utilities and sanitary facilities, below the required elevation are water
tight with walls substantially impermeable to the passage of water, and use structural components having
the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy in compliance
with Section 5.05.00;
10. Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a
conflict between a mapped boundary and actual field conditions, the floodplain administrator shall make
the necessary interpretation;
11. When base flood elevation data and floodway data have not been provided in accordance with Section
3.05.00, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation
and floodway data available from a Federal, State, or any other source, in order to administer the provisions
of Section 5.05.00;
12. Coordinate all change requests to the FIS, FIRM, and FBFM with the requester, State, and FEMA; and
13. Where base flood elevation is utilized, obtain and maintain records of lowest floor and flood proofing
elevations for new construction and substantial improvements in accordance with Section 5.05.00.
3.04.00 - SPECIFIC REVIEW PROCEDURES - ADMINISTRATIVE ORDERS, PERMITS AND APPROVALS
A. The following sections outline the various application types and approvals which shall be reviewed, considered
and either approved, approved with conditions, or denied through administrative decision. Administrative
decisions shall be made by the Community Development Services Director.
B. At the Director's discretion, when he or she finds a discrepancy in the code or a special condition of the
application, may forward any application to the PDB for additional review and decision.
3.04.01 - Zoning Verification Letter or Flood Verification Letter
A. Purpose and Intent.
1. Zoning Verification Letter. To provide an official determination of the zoning of specific property.
2. Flood Zone Verification Letter. To provide an official determination of the FEMA Flood zone, as shown on
the Flood Insurance Rate Map (FIRM) for specific property.
B. Review Criteria.
1. The Department will review the applicable City records, maps, and any supporting information and issue a
Zoning or Flood Zone verification letter.
2. Verification letters are valid for the date upon which they are issued and may be subject to change.
3. Zoning verification letter issuance shall require payment of an administrative fee as established by City
Council.
3.04.02 - Administrative Interpretations and Similar Use Determinations
A. Purpose and Intent.
1. To determine whether a proposed use, activity, or site design complies with the comprehensive plan.
2. To interpret specific comprehensive plan policies.
3. To interpret whether a proposed use, activity, or site "design" complies with the LDC.
4. To determine how specific code requirements may apply to a site or a development proposal when
application of such requirements is not explicitly set forth in the LDC.
5. To interpret the application of conditions of approval.
6. To determine whether a proposed use that is not otherwise classified as permitted, or permitted by special
use exception, in a zoning district or is not currently defined in this code, may be classified as a similar use.
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B. Review Criteria.
1. To determine whether a proposed use activity or site design complies with specific provisions of the
comprehensive plan and is in keeping with the spirit and intent of the comprehensive plan.
2. Consistency with the Land Development Code.
3. Whether the proposed use or activity complies with required policies and procedures.
C. Similar Use Determinations.
1. Interpretation of Similar Uses. Notwithstanding the Zoning district requirements of this LDC, the Director
may determine that a specific proposed use may be allowed as a permitted or as a special exception use in
a specific zoning district(s).
2. Similar Use Determination Process.
a. A similar use determination may be issued if all of the following findings can be made:
(1) The characteristics and activities associated with the proposed use are similar to those of one or
more of the allowed uses listed in the zoning district and will not involve a greater level of activity,
population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts than
the uses listed in the zoning district; and
(2) The proposed use will meet the purpose and intent of the zoning district that applies to the
location of the use; and
(3) The proposed use is consistent with the goals, objectives, and policies of the Comprehensive Plan;
and
(4) The proposed use is not listed a permitted, permitted with specific regulations, supplemental
standards, or special exception use in another zoning district.
b. If a similar use determination is approved, the Director shall expedite a recommendation to the PDB
establishing the use to be a permitted use or special exception use. The department shall prepare a
text amendment to this ordinance to include the use in the appropriate district, along with any
appropriate use regulations.
3.04.03 - Lot Splits and Lot line Adjustments
A. Purpose and Intent
1. To provide standards for the split of lots and tax and parcels along existing platted lot or parcel lines or for
the adjustment of a common property line between two parcels, where a plat or replat is not required..
2. To provide standards for the split of lots or tax parcels that do not require a replat.
3. To provide for the split of property when the lot split does not require approval as a new subdivision plat
or replat.
4.2. To provide an expedited path to creating up to two separate parcels from one existing parcel.
B. General Requirements
1. All divisions of land in the City shall occur only as a new subdivision plat, a replat, or a lot split. A lot split
that does not meet the requirements of this chapter is deemed a subdivision or a replat and shall be defined
and processed as set forth in the Subdivision regulations of this Code.
2. No lot split or lot line adjustment shall be recognized by the City, no lot that is a part thereof shall be sold,
and no building permit shall be issued unless the lot split or lot line adjustment has been approved by the
City prior to recording in accordance with the requirements of this Chapter.
2.3. No lot split shall be allowed in any platted recorded subdivision which was recorded after March 11, 1974,
unless allowed by variance through the Board of Adjustment.
3. Any child parcel resulting from the lot split of any parent parcel shall not be split until one (1) year has
passed since the original parent parcel split took place.
C. Review Criteria and Standards. The Planning Administrator, where appropriate, will review applications for lot
splits and lot line adjustments to establish and/or determine the following:
1. Whether the resulting lot split creates nonconforming lots and structures.
2. Whether the result will split a portion of a designed site from the rest of such site.
3. Ensure that the lot split or lot line adjustment does not create split zoning on a parcel.
D. Application Requirements. The following documents shall be included with the necessary forms as required by
the department:
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1. A survey prepared by a licensed professional surveyor indicating the legal description of the parent parcel,
legal descriptions of all child parcels, boundaries, dimensions, easements, restrictions or agreements
affecting the property, rights-of-way, utilities, location of existing buildings, and other pertinent
information including wetland boundaries.
a. The survey shall be signed, sealed, dated, and certified to the City.
2. The Deed for the property.
E. Approval and recording. Community Development Services shall review the proposed lot split for compliance
with the criteria set forth in this LDC. Once approved, the applicant may proceed with the lot split and record
the lot split with the Okaloosa County Property Appraiser.
1. A Lot Split Certificate shall be issued upon approval.
a. Approval shall expire within one (1) year of issuance if not recorded.
3.04.04 - Special Exception Uses and Supplemental Standards
A. Purpose and Intent.
1. The intent of this section is to permit Special Exception uses which are essential to, or would promote the
public health, safety, or welfare in one or more zoning districts, but which might impair the integrity and
character of the zoning district or an adjoining district, such that restrictions or conditions on location, size,
extent, and character of performance may be imposed in addition to those standards already imposed in
the Land Development Code.
B. General.
1. No variances shall be granted that would reduce or eliminate minimum requirements for special exception
uses.
2. The PDB shall prescribe appropriate supplemental standards coincidental with the special exception use.
All such conditions shall be added to the Supplemental Standards in Chapter 7 of this Land Development
Code.
3. Upon approval, a Special Use will be added to Table 4.06.00.
4. The proposed use shall comply with all requirements of the underlying zoning district(s), the Land
Development Code, and all other applicable law.
C. Standards and Criteria. The following standards shall apply to all applications for special exception uses. The
Community Development Services Director shall submit a report and recommendation to the PDB based on
these standards.
1. The proposed Special Use's consistency with the Comprehensive Plan.
2. The proposed Special Use's consistency with the underlying zoning district.
3.04.05 - Administrative Waivers
A. Purpose and Intent.
1. To grant relief from the strict application of the Land Development Code requirements to allow for minor
waivers.
2. Any relief granted from the strict application of this Land Development Code shall not violate any goals,
objectives, or policies of the adopted Comprehensive Plan.
3. The need for the proposed waiver is due to the unusual or unique physical shape, configuration, existing
lots, or other physical condition of the development site. These special conditions are not generally
applicable to other lands, structures, or buildings in the same zoning district;
4. The special conditions are not the result of actions of the property owner and are not based solely on a
desire to reduce development costs;
B. Scope. Administrative Waivers may be granted only for the following:
1. Setback requirements where the setback is not decreased by more than ten percent in the applicable zoning
district and the encroachment does not extend into an easement, right-of-way, or is an encroachment over
the property line for a zero-lot line required site.
2. Reduction in the overall required parking by ten percent.
3. Landscaping or buffers. Up to a ten percent reduction in the width of required buffers or the required
number of trees and shrubs.
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4. Preservation of Vegetation. A deviation from the following regulations to accommodate the preservation
of existing protected tree(s):
a. Up to five percent of a required setback; or
b. Up to five percent of the required parking spaces.
5. Minor sign deviations as set forth in the sign regulations of this code.
6. Maximum lot coverage. Up to a ten percent increase in the maximum percentage of lot coverage by
impervious surfaces, provided the applicant submits calculations by a Florida Registered Professional
Engineer showing that the conveyance system for the contributing drainage basin can accommodate the
additional stormwater run-off, where applicable.
a. A property owner may also add retention storage on-site to compensate for the additional runoff in
situations where they propose to exceed the maximum.
b. All such calculations and drainage plans must be approved by the City Public Services Department prior
to issuance of any building permits.
7. Minor deviations in lot width, depth, or area up to 10%.
C. Review Criteria. An Administrative Waiver may be approved based on the following criteria:
1. The proposed deviation will not result in development that is inconsistent with the intended character of
the applicable zoning district.
2. The normally required code standard(s) is determined to significantly inhibit development of the site.
3. The deviation will not impede the ability of the project or site to adequately provide for service areas and
other development features for the project.
4. Access for service and emergency vehicles will not be impeded.
5. The proposed deviations will result in a building and site design of equal or superior quality.
6. The impacts of the waiver are otherwise addressed.
D. Effective date of approval. A deviation shall take effect upon signed approval by the Community Development
Services Director.
E. If an Administrative Waiver is not approved, the applicant may su bsequently apply for a Variance through the
PDB.
3.04.06 - Development Orders
A. Applicability. The procedures contained in this Section are applicable to all projects involving land development,
including Site Development Plans. Also included are projects which involve the construction of any facility, the
expansion of a site through acquisition or lease, alteration or conversion of an existing site or structures, or the
change of use of a site or structure where the site or structure does not meet the current standards or criteria
of these regulations.
1. The provisions of this Section, where appropriate, are to be applied to on-site and off-site development
activity.
2. No land development activity (including land clearing, excavation, or placement of fill) shall commence
without obtaining the appropriate approvals and permits required by this code.
B. Exceptions. The requirements of this section do not apply to:
1. Single-family dwellings; or
2. Duplex dwellings on existing platted lots.
3. General upkeep or cleaning of debris and dead vegetation.
C. Plan Preparation. A professional engineer registered in the state of Florida shall design all required
improvements such as streets, drainage systems, water and sewage facilities, etc.
1. All plans, drawings, reports, and calculations shall be prepared, signed, and sealed by the appropriate
licensed professional, such as engineers, architects, landscape architects, professional surveyors and
mappers, or attorneys, registered in the state of Florida.
2. Other specialized consultants, such as environmental consultants, structural engineers, archaeologists, etc.,
may be required to assist in the preparation of the plans, drawings, reports, or other documents required
for application submittals.
D. General Plan Requirements. All site development plans submitted in conjunction with application for a
Development Order shall include, at minimum, the following components as applicable:
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1. A signed and sealed survey showing the location of existing property and rights-of-way lines, both for
private and public property.
2. The location of streets, sidewalks, airports, railroads, buildings, transmission lines, sewers, bridges, culverts,
drainpipes, water mains, fire hydrants, and any other public or private easements.
3. Any land rendered unusable for development purposes by easements, deed restrictions or other legally
enforceable covenants or limitations.
4. All watercourses, water bodies, floodplains, wetlands, important natural features, wildlife areas, soil types
and vegetative cover on or adjacent to the site.
5. The location of environmentally sensitive lands as designated by the US Army Corp of Engineers.
6. The existing land use, future land use and zoning district of the lands involved in the development.
7. The location of the proposed development as well as the intensity and/or density of the proposed
development.
8. A parking circulation plan that includes onsite traffic flow, points of ingress and egress and any planned
public or private roads, rights-of-way, pedestrian ways, bicycle paths or transportation facilities.
9. A traffic study showing the and impacts from the development on nearby roadways.
10. Any existing and proposed stormwater management systems on the site and proposed linkage, if any, with
existing or planned public stormwater management systems. As well as all calculations that were used in
design of the management facilities.
11. A stormwater management plan during construction.
12. The proposed location and sizing of potable water and wastewater facilities to serve the proposed
development.
13. Proposed open space areas on the development site and types of activities proposed to be permitted on
such open space areas.
14. Lands to be dedicated or transferred to a public or private entity and the purposes for which the lands will
be held and used.
15. A description of how the development will mitigate or avoid potential conflicts between land uses to include
a description of any buffering and transitions.
16. Architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed
improvements.
17. The total project area and total disturbed area.
18. A map of vegetative cover including the location and identity, by common name, of all protected trees.
19. A topographic map with one foot contours of the site clearly showing the location, identification and
elevation of benchmarks, including at least one benchmark for each major water control structure.
20. The location of any underground or overhead utilities, culverts and drains on the property and within one
hundred feet of the proposed development boundary.
21. Area and percentage of total site to be covered by impervious surfaces.
22. Grading and erosion control plans, specifically including perimeter grading.
23. Construction phase lines.
24. Building plans showing the location, dimensions, gross floor area and proposed use of buildings.
25. Building setback distances from property lines, abutting rights-of-way and all adjacent buildings and
structures.
26. The location, dimensions, type, composition and intended use of all ancillary structures.
27. The location and specifications of any proposed garbage dumpsters.
28. Cross sections and specifications of all proposed pavement.
29. Typical and special roadway and drain sections and summaries of quantities.
30. Plan and profiles of each proposed street, including private streets, at a horizontal scale of 50 feet or less
to the inch, and a vertical scale of 5 feet or less to the inch, with existing and proposed grades indicated.
These profiles must show proposed sanitary sewers, swales, water mains, and storm sewers with grades,
length, and sizes indicated for each.
31. Information sufficient to determine compliance with the landscape and tree protection regulations of this
Chapter.
32. The location, accompanied by all necessary drawings, construction plans, wiring plans, etc., of all proposed
signs.
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33. The proposed number, minimum area and location of lots, if the development involves a subdivision of
land.
34. All lots shall be numbered either by progressive numbers or in blocks progressively numbered or lettered
except that blocks in numbered additions bearing the same name may be numbered consecutively
throughout several additions.
35. All interior excluded parcels shall be indicated and labeled accordingly.
36. All contiguous property shall be identified by development title, plat book and page, or if the land is un-
platted it shall be so designated.
37. The total number and type of residential units categorized according to number of bedrooms.
38. The total number of residential units per gross acre.
39. Location of onsite wells, if any, and wells within 200 feet of any property line, if any.
40. Restrictions pertaining to the type and use of existing or proposed improvements, waterways, open spaces,
buffer strips and the like shall require the establishment of restrictive covenants and such covenants shall
be submitted with the final development plan for recordation.
41. If the development includes private streets, an ownership and maintenance association document shall be
submitted with the final development plan and the dedication contained on the development plan shall
clearly indicate the roads and maintenance responsibility to the association without recourse to the city or
any other public agency.
42. If the development is to be phased for any reason, a master plan for the entire project shall be submitted
with the development plan for the first phase or phases for which approval is sought. In addition, a schedule
indicating approximate development phasing, including the sequence for each phase, shall be included.
43. The manner in which historic and archaeological sites on or near the site will be protected.
E. Review Process. The application review and approval process for Administrative approvals of development plans
shall be in accordance with the application, review, and decision procedures as outlined above. Development
Order application approval shall generally adhere to the following process:
1. A complete application is submitted by the applicant;
2. Staff determines sufficiency and compliance through coordinated departmental review;
3. Once sufficiency and compliance with the City's Comprehensive Plan and Land Development Code is
established the Planning Administrator shall issue a final report to the Director;
4. This report shall include the following:
a. Proof of completeness;
b. All plans and related documents;
c. All staff comments and reports;
d. A staff recommendation based on the approval criteria as outlined in subsection 102-29.7(f); and
e. All public comment received relating to the proposed development.
F. Criteria. The Director may approve, approve with conditions, or deny the application, after consideration and
review of the following:
1. The development, as proposed, conforms to the comprehensive plan and is consistent with the
recommendations of any applicable PUD Concept Plan, Conceptual Plats, or master plans which have been
approved or accepted by the City Council;
2. The proposed development plans, landscape plans, engineering plans, lighting plans, and other required
plans conform or will conform with all applicable City codes, any engineering design standards, and other
standards as set forth in this code;
3. The development will efficiently use or will not unduly burden or deteriorate levels of service standards for
the drainage, water, sewer, solid waste disposal, education, recreation, or other necessary public facilities
existing, being constructed or are planned and budgeted for construction in the area;
4. The development provides sufficient on-site storm water management improvements to meet state water
quality and flood protection standards;
5. The development will efficiently use or will not unduly burden or affect public transportation facilities,
including public transit, public streets, roads, and highways which have been planned and budgeted for
construction in the area,
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6. The development provides necessary and adequate vehicular circulation, pedestrian access, ingress and
egress, and is configured in a manner to minimize hazards and impacts on adjacent properties and adjacent
rights-of-way.
7. The Public Services Director may require utility, drainage or other easements be accepted by City Council
and recorded in the public records prior to approval of a Development Order application or administrative
permit.
8. Projects that involve a vacation of plat or release of easement may have review or approval withheld until
such vacation or release of easement has been approved or recorded, as determined by the Director.
9. The Director may attach any reasonable conditions, safeguards, limitations, or requirements to the approval
of a plan which are found necessary and consistent with this section and to carry out the purposes of this
Code and the Comprehensive Plan.
10. The Director, may at his or her discretion, forward any application to the PDB for approval or review and
recommendation to City Council.
G. Final Approval. After a final development order has been issued, the applicant may, within 12 months of the
issuance of the final development order, apply for the necessary construction and/or administrative permits.
Following any required appeal period, the city shall issue the necessary permits if the proposed construction is
consistent with the final development order.
1. If the application for a construction permit deviates from the final development plan the Director shall
notify the applicant within five working days of the permit application.
H. Effect of Plan Approval. Approved site development plans are valid for 12 months from the date of approval. If
a Development Order extension has not been obtained prior to the expiration date, the approval expires and
becomes null and void.
1. The issuance of a Development Order shall serve as authorization for an applicant to apply for construction
and administrative permits only.
2. An applicant may apply for a one-year extension for good cause. Such an extension may be granted for any
plan approved after the effective date of this ordinance and two years prior to adoption. The extension
request must be filed prior to the expiration date of plan approval. If the project is within a PUD, or a phased
development, the expiration of plan approvals may differ, as established in the original approval.
I. Pre-construction Meeting. At the discretion of the Director, Building Official, or an Administrator, the applicant
may be required to schedule a preconstruction meeting where representatives of the developer, the City,
contractors, and franchise utilities shall discuss the construction of the planned improvements. No work shall
take place prior to the preconstruction meeting when one is required.
J. Development Order Amendments
1. Site Development Plan Amendments. Plan amendments include changes to projects which impact multiple
aspects of the development, may affect multiple plans, and will require multiple departmental reviews to
evaluate the proposed amendment to the plan(s).
a. The amendment process may not be used to substantively modify the scheme of development as
originally approved.
b. Proposed amendments that impact PUD approval criteria or conditions must receive approval of an
amendment to the PUD prior to receiving approval.
c. Amendments may apply to projects that are currently under review, projects under construction or
phased projects that have yet to be completed.
d. The applicant shall submit a letter of intent, the applicable fee, the amended plan(s) and any other
documentation required to review the proposed amendment.
e. The Director shall determine if the proposed changes to the plan can be processed as an amendment,
qualify for a lesser review process or require a a complete review as equivalent to the original review
process.
f. Site Development Plan Amendments are subject to additional review and processing fees.
2. Limited Review Revisions to an approved plan while under construction may be approved in writing by the
Planning Administrator, where applicable, provided such revisions fully conform to all existing City
regulation.
a. The limited review process shall be utilized when the proposed plan revisions meet the following:
(1) Does not affect the projects minimum technical requirements of this Code;
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(2) Does not require review by multiple staff or departments;
(3) Does not change the gross square footage of a building by more than ten percent;
(4) Does not adversely impact compliance with the approved plan; and
(5) The proposed revision will not alter the required infrastructure and improvements necessary to
serve the project.
b. The Planning Administrator, where applicable, will determine if the revision requires an approved plan
revision or if the revision can be shown on the As-built Drawings.
3. Changes that exceed the criteria or the scope of a limited review as specified in this subsection or, as
determined by the Planning Administrator, where applicable, may be processed as an amendment or as a
full review in accordance with this section.
3.04.07 - Administrative Permits
A. Certain buildings, structures, improvements, and installations are either exempted by the Florida Building Code
from building permit issuance or are required to meet the additional standards of this Land Development Code.
Therefore, such buildings, structures, improvements and installations shall be subject to the various
development review processes and/or the zoning compliance certificate standards contained in this Article.
B. An administrative permit is required for all development that does not necessitate the issuance of a
development order or that is not otherwise exempted by this Land Development Code. In instances where the
Florida Building Code requires building permit issuance, an administrative permit may not be is sued but a site
development review will occur concurrent with the building review. The Community Development Services
Director, or designee will determine which divisions and departments will participate in the review of building
permits and administrative permits.
C. Applicability. An administrative permit shall be required for the following development types and/or instances
of construction, improvements and installations.
1. Land Clearing and Protected Tree Removal;
2. Home Occupations;
3. Minor non-residential additions and site improvements which create less than 2,200 sq.ft. of impervious
surface area, or that create more than 2,200 sq. Ft. of impervious surface area but do not increase the
parking requirement or impact on City services;
4. Other similar minor developments, as determined by the Community Development Services Director, or
designee.
D. Staff Approval. An administrative permit application shall be approved provided all departmental reviewers
have accepted the plans and/or accepted the plans with conditions.
E. Review. The applicant for an administrative permit shall be notified in writing, to include electronic messaging,
of any deficiencies in their application within seven (7) days of submittal.
1. Staff shall act upon complete and sufficient applications for site administrative permits within seven (7)
calendar days from the date of a complete application submittal.
F. Administrative Permit Approvals.
1. All approvals will be issued in compliance with the approved plans, if applicable, and may contain relevant
conditions of the associated plan approval.
2. If the proposed construction or alteration conforms with all applicable provisions of this Code and all other
applicable laws, staff shall issue an administrative permit or other construction authorization.
3. If the proposed construction or alteration fails to conform, staff shall deny the application and shall deliver
written notice, to include electronic messaging, to the applicant stating the reason for denial.
G. Effect of Approval, Expiration, and Extensions. A site development order shall expire six months from the date
of issuance unless the permitted improvements are under construction and have passed a required inspection
within the thirty days prior to the expiration of the approval. Erosion control inspections, if applicable, will not
extend the expiration date.
1. An approval may be extended for an additional ninety days. Failure to either pass a required inspection or
request an extension within the ninety-day period provided, will result in the expiration of the approval.
2. Thereafter, a new approval will be required to continue construction.
3.04.08 - Temporary Use Permits
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A. Purpose and Intent. To authorize the temporary uses and activities which do not exceed specific time frames.
B. General Standards.
1. Only uses listed below, or otherwise approved as temporary uses in Article VII, may be allowed as temporary
uses.
2. Each temporary use shall be evaluated by Community Development Services for compliance with the
standards and conditions set forth in this LDC and the applicable zoning district.
3. A temporary use permit shall take effect at the time of permit issuance and is in effect only for the specific
time-period established in the temporary use approval.
C. Review Criteria. When considering an application for a temporary use, the Community Development Services
Director or Community Recreation and Enrichment Services Director, as appropriate, shall consider whether and
the extent to which:
1. The temporary use is consistent with the purposes, goals, objectives, and policies of the Comprehensive
Plan;
2. The temporary use complies with all relevant and appropriate portions of Article VI and any established
Development Standards;
3. The temporary use is not incompatible with the character of the immediate surrounding area;
4. The design, duration, and hours of operation of the temporary use minimizes adverse impacts on nearby
properties, including visual and noise impacts;
5. Whether the use complies with all relevant standards related to health, sanitation, and transportation;
6. The temporary use complies with all other applicable provisions of this Code;
7. Any permanent structures used in conjunction with a temporary use must comply with the requirement for
adequate public facilities; and
8. Whether any public safety detail will be necessary.
D. Allowable temporary uses. The following temporary uses shall require a permit:
1. Firework, pumpkin, and Christmas tree sales, to include a sales office.
2. Outdoor display of merchandise.
3. Temporary Storage Containers.
4. Temporary Off-Site Vehicle Sales.
5. Tents for other than Special Events.
6. Other events not named but similar to those enumerated in this subsection.
E. Outdoor Display of Merchandise
1. Purpose and Intent.
a. To provide standards and criteria for review and approval of outdoor display of merchandise.
b. To provide reasonable limitations or special conditions for outdoor display to address, minimize, or
ameliorate potential impacts of the use on surrounding property and for the protection of the public
health, safety, and welfare.
2. General Requirements.
a. Outdoor display of merchandise is prohibited in all residential districts, except within the Agricultural
zoning district for approved fruit and/or vegetable sales.
b. Unless otherwise permitted, outdoor display of merchandise in the C-1 and C-2 districts is prohibited,
except on improved property in accordance with the following standards:
c. The following items may be displayed in conjunction with an existing licensed business location which
retails these items: boats; new or used cars by auto dealerships or auto rental companies; bicycles;
motorcycles; garden equipment such as lawnmowers; landscaping nursery items displayed by a nursery
business; tires at auto repair businesses; and temporary uses authorized by this code.
d. In addition to outdoor display listed above, the outdoor displays of fruit, vegetables, flowers, jewelry,
books or antiques are allowed in the C-1, C-2, and in the mixed-use zoning district in conjunction with
an approved commercial use, as an approved Temporary use.
e. These restrictions shall not apply to approved Special Events.
(1) If such displays are placed on a public sidewalk or right-of-way during a special event, such displays
shall comply with the following regulations:
(a) Displays may be placed on the public sidewalk only directly in front of the lawfully existing
business which retails the items being displayed.
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(b) At no time shall a display create a hazard for pedestrian or vehicular traffic.
(2) Displays shall be placed on tables, shelves and/or racks that are moved indoors or off-site during
any hours the business is not open or the duly approved event is not permitted.
f. All other outdoor display of merchandise must be approved by the City Manager or designee following
review at a public meeting.
3.04.09 - Minor Re-Plat
A. A minor plat shall be defined as modifying only the geometry of the lots of an existing platted subdivision within
the limitations of the existing zoning and future land use designations.
B. Where development involves a minor replat as defined by this Chapter, the City may issue an administrative
permit without requiring an application review process and a final development order.
C. Developers shall be required to record the minor replat in the official county records at no expense to the city
and provide a copy to the city.
D. Prior to approval of a minor replat by the Planning Administrator, or designee, the following standards shall be
met:
1. Each proposed lot must conform to the requirements of this chapter and adopted ordinances of the city.
2. If any lot abuts a street right-of-way that does not conform to the design specifications provided in this
chapter, the owner may be required to dedicate one-half the right-of-way width necessary to meet the
minimum design requirements.
3.04.10 - Periodic Inspection Required; Correction of Deficiencies
A. Authorized City Staff, the City Engineer, and utility inspectors shall periodically inspect all phases of construction
of streets, drainage improvements and utility installations including those improvements which are not to be
dedicated to the public but are subject to this chapter. The City official will immediately call to the attention of
the developer, or the developer's engineer, any nonconforming work or deficiencies in the work.
B. Correction of deficiencies in the work is the responsibility of the developer.
1. It is the responsibility of the developer's contractor to schedule the appropriate inspections as identified
on the approvals or permits.
2. Duly authorized representatives shall have the right to enter upon the property for the purpose of
inspecting the quality of materials and workmanship and reviewing the construction of required
improvements during the progress of such construction.
3.04.11 - Final Inspection and Certificate of Occupancy
A. Prior to the issuance of a Certificate of Occupancy an As -built Survey and Certification of Completion must be
submitted which identifies and specifies the locations, dimensions, elevations, capacities, and capabilities of the
infrastructure and facilities as they have been constructed.
B. Upon completion of all improvements required under the approved plans or phase thereof, an inspection must
be performed by the developer's engineer and the landscape architect, where applicable. Upon finding the
development to be completed and in substantial compliance with the approved plans, the engineer and
landscape architect must each submit a letter of substantial compliance along with an As-built Survey to the
City, together with certified building as-built drawings.
C. No final inspection will be performed by the City until the letter(s) of substantial compliance and As-built Survey
have been accepted.
1. The letter(s) of substantial compliance shall include a description of any minor changes as shown on the As-
built Survey.
2. The letter must certify that the project was completed in accordance with the plans approved and attached
to the Development Order or any addendums to the Development Order.
3. The letter must be signed and sealed by the Project Engineer of record for the project.
D. Only minor changes which do not substantially affect the technical requirements of the approved plans and this
code are to be indicated on the As-built Survey.
E. Letters of substantial compliance shall be digitally signed and sealed in PDF format.
1. Substantial compliance requires that the development, as determined by an on-site inspection by a
professional engineer, is completed to all the specifications of the approved plans and that any deviation
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between the approved plans and actual as-built construction is so inconsequential that, on the basis of
accepted engineering practices, it is not significant enough to be shown on the As-built Survey.
F. The respective professionals shall prepare and submit to the City, a digitally signed and sealed As-built Survey,
in PDF format, of the completed project improvements. The As-Built Survey shall be provided for the complete
civil engineering and landscape features of the project
G. The As-built survey shall be the complete set of approved plans which show strikethrough and markup of the
as-built information obtained from direct field observation, survey, or contractor "as-built" drawings.
Topographic surveys will not be accepted.
H. Upon acceptance of the letter of substantial compliance and As-built Survey, City staff shall perform final
inspections.
I. If the final inspections reveal that the development or phase is in substantial compliance with the approved
plans, a Certificate of Occupancy will be issued.
J. If the final inspections reveal that the development or phase thereof is not in substantial compliance with the
approved plans, a list of all deviations will be forwarded to the engineer. All deviations must be corrected prior
to re-inspection. A new letter of substantial compliance may be required prior to re-inspection. Re-inspection
fees will be charged for each re-inspection in accordance with the adopted fee schedule and must be paid prior
to receiving a Certificate of Occupancy.
K. Projects involving permits or approvals issued by County, State, or Federal agencies shall provide evidence that
the respective agencies have approved, accepted, or certified that the improvements or work subject to their
review has been satisfactorily completed and are ready for use or to be placed into service, prior to Certificate
of occupancy issuance.
L. Turnover of developer installed improvements. Projects that include construction of improvements that will be
turned over to the City for ownership and maintenance must also provide a complete package of turnover
documents, acceptable to the City, as required by the Director of Public Services.
1. Improvements shall be conveyed to the City by bill of sale in a form satisfactory to the City Attorney,
together with such other evidence as may be required by the City that the improvements proposed to be
transferred to the City are free of all liens and encumbrances.
2. Turnover documents must be provided to the Director of Public Services with the submittal of a Certification
of Substantial Completion and As-built Survey.
3. Improvements constructed pursuant to this Section may not be placed into service or otherwise utilized
until the Director of Public Services has authorized such use.
M. Ongoing compliance. A development project must remain in compliance with the approved development plans,
including all conditions, after a letter of certificate of occupancy has been issued by the City. This requirement
applies to any property covered by the development plan, whether or not it continues to be owned by the
original developer. For purposes of determining compliance, the development plan as approved and
constructed, or subsequently amended in accordance with this section, will control.
1. The standards applicable to review for compliance purposes will be based upon the regulations in effect at
the time the of plan approval and any applicable amendment, or revision was constructed.
3.04.12 - Stop Work Orders for Site Development
A. The Director shall have authority to stop work if improvements not authorized in approved plans are being
installed or upon failure of the applicant or his engineer to coordinate the construction of the required
improvements so as to minimize activities which may have adverse impacts on surrounding property.
1. Authority. Whenever the Director finds any work regulated by this code being performed in a manner either
contrary to the provisions of this code or dangerous or unsafe, the Director is authorized to issue a stop
work order.
2. Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved,
to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, all work on the
construction site shall immediately cease. The stop work order shall state the reason for the order, and the
conditions under which the cited work will be permitted to resume.
3. Unlawful continuance. Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or unsafe condition,
shall be subject to penalties as prescribed by law.
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3.04.13 - Violation of an Approved Development Plan
A. Where construction is commenced for improvements not authorized by an approved development plan, the
applicant will be issued a stop work order until an application to amend or correct the respective plan approval
has been submitted and approved.
1. An application to amend or correct an approved development plan after construction has commenced in
violation of the original approval will be charged an application fee equal to four times the original
application base fee.
2. The Director shall have the sole discretion to waive the above fee.
B. Submittal of the application and payment of the application fee does not protect the applicant from the
remedies described in this Code. Any of these forms of relief can be sought or maintained by the City until the
problem is abated.
C. Failure to maintain a development in compliance with an issued and approved Development Order and/or
Certificate of Occupancy, constitutes a violation of this Code.
3.04.14 - Phased Projects
A. Development projects may be split into phases to accommodate the development plans and schedules of the
developer.
B. Development projects may be required by the City to be split into phases to in order to m aintain adopted level
of service standards.
C. Site Development Plans. The phasing plan shall show all required facilities, infrastructure, and buildings, if
applicable, on the entire development site that is covered by the Development Order application.
D. If more than one building is covered by the development plan and the developer does not intend to receive
certificates of occupancy (CO) for all the buildings at one time, a separate Site Administrative Permit or written
construction authorization will be required for each build or buildings to receive a CO apart from the other
buildings.
E. A certificate of compliance for streets, utilities, parking areas, and drainage serving each building(s) will be
required from the engineer of record prior to the City performing final inspection and closing that phase of the
project and prior to receiving a certificate of occupancy from Community Development Services.
F. If a final inspection is requested for only a portion of a development, that portion must be an approved phase
of the development in accordance with the approved Phased Site Development Plan.
3.04.15 - Guarantees and Sureties
A. Applicability. The provisions of this section apply to all proposed developments in the city, including private road
subdivisions. Nothing in this section shall be construed as relieving the developer or applicant of any
requirement relating to concurrency or maintenance of levels of service as may be required by this chapter or
the Comprehensive Plan.
1. This section does not modify any existing agreements between a developer and the city for subdivisions
platted and final development orders granted prior to the effective date of this chapter.
B. Improvements, agreements required. The approval of any Development Order application shall be subject to
the developer providing assurance that all required improvements, including, but not limited to, storm water
and drainage facilities, streets and roadways, water and sewer lines and appurtenances, parking facilities,
sidewalks, curbs, gutters, markers, monuments, open space and recreation facilities, shall be satisfactorily
constructed according to the approved development plan. The following information shall be provided:
1. A written agreement that all improvements, whether required by this chapter or constructed at the
developer's option, shall be constructed in accordance with the standards and provisions of this chapter.
a. The term of the agreement indicating that all required improvements shall be satisfactorily constructed
within the period stipulated. The term shall not exceed five years from the recording of the plat or
thirty percent occupancy of the development, whichever comes first.
2. The projected total cost for each improvement. Cost for construction shall be determined by:
a. An estimate prepared and provided by the applicant's engineer; or
b. A copy of the executed construction contract;
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3. Specification of the public improvements to be made and dedicated together with the timetable for making
improvements;
4. Agreement that, upon failure of the applicant to make required improvements (or to cause them to be
made) according to the schedule for making such improvements, the city shall utilize the security provided
in connection with the agreement.
5. Provision of the amount and type of security provided to insure performance.
6. Provisions that the amount of the security may be reduced periodically as construction proceeds and
improvements are made.
C. Amount and type of security.
1. The City Manager shall be responsible for determining the adequacy of the security proposed to be
provided by the developer.
a. Security requirements may be met but are not limited to the following:
(1) Cash in the form of cashier's check or certified check;
(2) Provision of an interest-bearing certificate of deposit in honor of the city with interest payable to
the city; or
2. Irrevocable letter of credit. The amount of security shall be 120 percent of the total construction costs for
the required developer-installed improvements (public and private). The amount of security may be
reduced commensurate with the completion and final acceptance of required improvements. In no case,
however, shall the amount of the security be less than 120 percent of the cost of completing the remaining
required improvements.
3. Completion of improvements. When improvements are completed, final inspection shall be conducted and
corrections, if any, shall be completed before final acceptance by the city. The recommendation for final
acceptance shall be made upon receipt of a certification of project completion by the city engineer.
a. As required improvements are completed and accepted, the developer may apply for release of all or
a portion of the security consistent with the requirements above.
4. Maintenance of improvements.
a. A maintenance agreement and security shall be provided to assure the city that all required
improvements shall be maintained by the developer according to the requirements of this chapter
relating to roads, streets, stormwater drainage, open space and recreation areas.
b. The period of maintenance shall be for a period of 18 months.
c. The maintenance period shall begin with the acceptance by the city of construction of the
improvements.
5. The security shall be in an amount equal to 15 percent of the construction cost of the improvements and
shall be in effect for a period of not less than 24 months.
6. Whenever proposed development provides for the creation of facilities or improvements which are not
proposed for dedication to the city, a legal entity shall be created that shall be responsible for the ownership
and maintenance of such facilities and/or improvements.
7. When the proposed development is to be organized as a condominium under the provisions of Florida
Statutes, common facilities and property shall be conveyed to the condominium association pursuant to
that law.
8. When no condominium is to be organized, an owner's association shall be created, and all common facilities
and properties shall be conveyed to that association.
9. No Development Order shall be issued for a development for which an owner's association is required until
the association is established, and proof thereof filed with the Director of Community Development
Services.
10. An organization established for the purpose of owning and maintaining common facilities not proposed for
dedication to the city shall be created by covenants running with the land. Such covenant shall be included
with the final plat. Such organization shall not be dissolved, nor shall it dispose of any common facilities or
open space by sale or otherwise without first offering to dedicate the same to the city.
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3.05.00 - SPECIFIC REVIEW PROCEDURES - QUASI-JUDICIAL PERMITS AND APPROVALS
The following sections outline the various application types and approvals which shall require quasi-judicial
proceedings. The Public hearing processes outlined in Section 3.02.02 shall apply.
3.05.01 - General Requirements
Effective Date. Final decisions for quasi-judicial permits shall take effect on the date the Order for the application in
question is recorded in the public record.
3.05.02 - Variances
A. General.
1. A variance may be sought from any bulk, area, or dimensional standard contained this LDC.
2. Nonconforming use of neighboring lands, structures, or buildings in the same district, and permitted use of
land, structures, or buildings in other districts, shall not be considered grounds for the issuance of a
variance.
B. Approval Criteria. In order to authorize a variance, the PDB must find that the application meets all of following
criteria:
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures, or buildings in the same zoning district;
2. That the special conditions and circumstances do not result from the actions of the applicant;
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by
these regulations to other lands, buildings, or structures in the same zoning district;
4. That literal interpretation of the provisions of the regulations would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of these regulations and
would cause or impart unnecessary and undue hardship on the applicant;
5. That the variance granted is the minimum variance that will make possible the reasonable use of the land,
building, or structure;
6. That granting the variance will not change the use to one that is not permitted in the zoning district or
different from other land in the same district; and
7. That the granting of the variance will be in harmony with the general intent and purpose of these
regulations, and that the variance will not be injurious to the area involved or otherwise detrimental to the
public welfare.
C. Effect of Approval. An approved variance shall run with the land.
3.05.03 - Vacations of Plats, Easements, and Rights-Of-Way
A. Purpose and Intent.
1. The purpose and intent of this section is to provide procedures for City Council to vacate rights-of-way,
easements, and plats pursuant to authority granted under Florida law. The City Council may adopt
ordinances vacating plats in whole or in part of subdivisions within the corporate limits of the city, returning
the property covered by such plats either in whole or in part into acreage for the purpose of taxation, or
vacating public rights-of-way, public easements, or other property in response to applications filed from
adjoining property owners.
B. General.
1. The city may retain an easement for utilities or drainage over any vacated right-of-way and that no use may
be made of vacated right-of-way which will be inconsistent with or interfere with the retained easement.
The party seeking vacation of a plat, city street, alley, other right-of-way, public easement, or other property
must show or submit the following:
a. A completed application on forms provided by Community Development Services.
b. Petitioner has title to the tract or parcel of land covered by the plat or portion of the plat of which
vacation is sought, unless the petitioner is the City of Crestview;
c. Letter of approval from Okaloosa County, if applicable;
d. Letter of approval from affected telephone companies;
e. Letter of approval from affected cable companies; and
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f. Letter of approval from any other affected utility companies (e.g., water, sewer);
g. If a Vacation is being sought, the signatures of all abutting property owners consenting to such a
vacation.
2. Applicants requesting to vacate rights-of-way or easements shall provide a recent boundary survey or
survey sketch of the property prepared by a registered surveyor showing the area to be vacated and provide
a complete legal description(s). The survey or sketch shall show all pavement and all utility and drainage
facilities, including water, sewer, cable lines, utility poles, swales, ditches, manholes, and catch basins.
Separate drawings and legal descriptions are required for each vacation area when right-of-way and
easement configurations differ.
C. Standards and Criteria. Applications for vacations shall be reviewed in accordance with the following criteria:
1. Whether the plat, easements, or rights-of-way are required by the City for any future transportation, access,
water management, or public utility purposes.
2. Whether any required easements are necessary to accommodate the vacation of any plat, easement, or
right-of-way.
3. If alternate routes are required or available that do not cause adverse impacts to surrounding areas.
4. If the closure of a right-of-way negatively affects areas utilized for vehicles to turn around and exit an area.
5. Whether local utility providers have given consent to the vacation of the plat, easements, or rights-of-way.
The local utility providers may require additional easements or relocation of existing utilities facilities to
complete the vacation.
D. Additional Procedures and Requirements. In addition to the standard notice requirements required by this Code,
the following additional notice requirements apply for vacations:
1. If the parcel to be vacated includes an alley, all property owners serviced by the alley and all property
owners serviced by a connecting alley shall be noticed.
2. Adoption and recording of resolution and ordinance. After public hearing, the City Council may approve an
application for a vacation if it determines there is no reasonably foreseeable public use for the vacated
area. Approval of a vacation shall be by resolution or ordinance. The City may retain easements for utilities
or drainage in and upon the vacated area. Upon adoption of the resolution vacating the plat or portion
thereof, the City Clerk shall furnish to the petitioner a certified copy thereof and the petitioner shall cause
the same to be recorded in the public records of the county and shall return a copy, showing the recording
information, to Community Development Services.
3. Effect. The adoption and recording of a vacation shall have the effect of vacating all streets and alleys and
city-owned easements shown on the portion of the plat so vacated, unless the resolution or ordinance
specifically reserved unto the city such city-owned easements or such streets or alleys. If public rights-of-
way are vacated, the resolution or ordinance shall specify whether or not easements are reserved therein
for utilities and drainage. The resolution or ordinance shall not have the effect of vacating any public canal
shown on the portion of the plat vacated, unless the resolution or ordinance specifically so provides.
4. Petitioner's responsibility. The city, City Council, and all officers, employees, and agents thereof shall not
assume any responsibility or liability for any matters and things to be done or completed by the petitioner
pursuant to the provisions hereof. It is recognized that this procedure may affect substantial interests in
real property and other proprietary rights, and the petitioner shall assume full and complete responsibility
for compliance with the requirements of law and these procedures in connection with or arising out of any
vacation proceedings instituted by the petitioner.
3.05.04 - Conceptual Plats
A. General.
1. A conceptual plat is a preliminary document, resembling a legally recordable plat, that describes the
intended division of land, including lots, alleys, rights-of-way, common areas, easements, and other
elements defined in F.S. 177.031.
B. Purpose and Intent.
1. Conceptual plats allow the Planning and Development Board as well as the City Council to review a proposed
subdivision of land prior to the approval of any subdivision construction plans.
C. Specific Conceptual Plat Requirements.
1. Conceptual plat shall include a signed and sealed boundary survey of the proposed land to be subdivided.
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D. Conceptual Plat Application and Review Procedure.
1. Conceptual Plat shall be included with subdivision construction plans, as part of a subdivision development
application.
2. Conceptual Plats shall first be reviewed by planning staff, who will then provide the Conceptual Plat to the
Planning and Development board for approval and recommendation.
3. If approved by the Planning and Development Board, the Board shall then provide the Conceptual Plat and
their recommendation to the City Council for approval.
4. The Conceptual Plat shall then be reviewed for approval by the City Council.
E. Review Standards and Criteria.
1. Conceptual Plats will be reviewed by planning staff for conformance with applicable City Codes, the
Comprehensive Plan and F.S. Chapter 177.
2. Conceptual Plats will be reviewed by the Planning and Development board for conformance with applicable
City Codes and the Comprehensive Plan.
3. Conceptual Plats will be reviewed by the City Council for conformance with applicable City Codes and the
Comprehensive Plan.
3.05.05 - Final Plats
A. Generally
1. No final plat is to be recorded, or land divided until final plat is approved and signed by all parties in section
3.05.05(E).
B. Submission.
1. Final plats may be submitted any time following the issuance of a development order for their associated
subdivision construction plans.
2. Along with the final plat, all copies of easements, restrictions and covenants, and HOA documents related
to the plat shall be provided for review.
C. Specific Final Plat Requirements.
1. Each final plat shall be prepared and signed by all those required pursuant to F.S. Chapter 177, as amended.
D. Review Process.
1. Planning staff will review the final plat for conformance with F.S. Chapter 177, as well as send the final plat
to the licensed surveyor on contract with the City to review the plat for conformance with F.S. Chapter 177.
2. If planning staff approves plat for presentation to the City Council, the plat along with any related
documents including easements, restrictions and covenants and HOA documents, along with staff's
recommendation shall be provided to the City Council for approval.
E. Approval and Signatures.
1. Signature shall be provided by the LPA Chairman based on the Planning and Development Board's decision
made at the time of Conceptual Plat review.
2. Signature shall be provided by the Community Development Services director upon approval of As-Built
construction plans for the subdivision and following a compliant site inspection from planning staff.
3. Signature shall be provided by the City Engineer upon approval of As-built construction plans for the
subdivision and following a compliant site inspection from the City Engineer.
4. Signature shall be provided by the City Council President upon approval of the final plat by the City Council.
F. Warranty Period, Defect Security, and Performance Bonds
1. Defect Security.
a. Developer may be required to post a defect security in the amount and manner prescribed by law
covering any maintenance for improvements which may be accepted by the City.
b. Such security shall become effective upon acceptance of the final plat and shall be in an amount
determined by the Public Services department to be sufficient to cover 25 percent of the initial cost of
the improvements.
c. Any damage to city infrastructure, including street pavement, curbing, swales, road shoulders, water
and sewer piping during construction within the subdivision will be the responsibility of the individual
permittee.
2. Warranty Period.
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a. The warranty period shall run for 18 months on street paving, water, sewer, storm drainage or other
improvements and shall be guaranteed by a 24-month defect security. Warranty period may be
extended at the discretion of the City Engineer or Public Services Director.
b. During the 18-month warranty period and prior to release of the required 24-month defect security,
the city will cause improvements to be inspected from time to time. The developer shall be notified of
any deficiencies identified during the inspections and will be given 30 days to correct them. If
deficiencies remain after 30 days, the city will notify the developer of the city's intention to correct the
deficiencies with compensation from the defect security bond instrument on file. No notice shall be
required in emergency situations where the defect poses a safety hazard or detriment to the public
health and welfare.
3.05.06 - Planned Unit Developments (PUD)
A. General.
1. A Planned Unit Development (PUD) is an area designed for development as a cohesive unit, where uses and
innovations in design and layout of the development provide public benefits when compared to standard
zoning or uniform lot and block subdivision patterns and design features.
2. In a PUD, the various land use elements are designed so that they interrelate with each other. The boundary
between a PUD and adjacent land area(s) requires particular attention to ensure transition and that land
use patterns are compatible.
3. Permitted uses in a PUD must be consistent with the Comprehensive Plan future land use classification for
the site(s) in question.
B. Purpose and Intent. The purpose and intent of a PUD are to:
1. Innovation in Design. To encourage innovations in residential, commercial, mixed-use, and industrial
development so that the needs of the population may be met by greater variety in type, design and layout
of buildings and land uses and by the conservation and more efficient use of the space.
2. Appropriate Land Use. To promote the most appropriate use(s) of the land.
3. High Quality Development. To improve the design, character, and quality of new development.
4. Infrastructure. To facilitate the adequate and efficient provisions of roads and utilities.
5. Increased Compatibility. To achieve compatibility with surrounding neighborhoods and developments.
6. Provision of Open Space. To preserve open space as development occurs.
7. Clustering of Uses. To provide for necessary commercial, recreational, and public facilities that are
conveniently located to housing.
8. Increased Flexibility. To provide for flexibility in design for new development and future redevelopment.
9. Comprehensive Plan. To achieve the goals of the Comprehensive Plan.
10. To provide a method for previously approved Planned Development Projects to continue to develop under
the terms of an approved PDP Development Order and to allow modification to existing PDP approvals
under the PUD procedures.
C. Minimum Parcel Size. The minimum parcel size for a PUD is:
1. Non-residential or mixed-use PUD. One acre.
2. All other PUDs. Three acres.
D. PUD approval steps. The PUD review and approval process includes:
1. A rezoning to the PUD zoning district, which establishes the densities, intensities, and permitted uses within
the PUD; and
2. A Master Concept Plan, which establishes the design, layout, and dimensional standards of the PUD.
E. Application and submittal requirements. Application and submittal requirements for a PUD are established in
this Article. A PUD requires:
1. An application for a rezoning to the PUD zoning district; and
2. A Master Concept Plan submittal.
3. Submittal of the specific PUD application requirements listed below.
4. PUD application for parcels ten acres or larger may apply for a rezone to the PUD zoning district without
submitting a Master Concept Plan for concurrent review and processing.
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F. Pre-application meeting required. A pre-application meeting shall be held with City Staff prior to the submittal
of a PUD application. The applicant shall indicate the requested PUD zoning district and a sketch of the PUD
Master Concept Plan, if applicable, at the meeting.
G. Specific PUD Submittal Requirements. A PUD application shall include the following:
1. A Letter of Intent, including:
a. Reasons the PUD procedure is more desirable than a conventional plan;
b. General site description including all parcels and acreages; and
c. General project description.
2. A PUD Master Concept Plan indicating:
a. Location of the uses within the site;
b. Dimensional standards such as height, setbacks, and lot sizes;
c. Vehicle circulation patterns, parking areas, and points of access;
d. Pedestrian and bicycle circulation with links to other external path systems;
e. Open space plan; and
f. Landscape and buffer plans.
3. Sample formation of HOA or other organization to operate and maintain open space and other on-site
public or private improvements.
4. Phasing plan, if applicable.
H. Review Standards and Criteria.
1. Every PUD shall be in conformance with the adopted Comprehensive Plan. The maximum density and/or
intensity within any PUD shall be consistent with the future land use designation of the site as determined
by the Comprehensive Plan.
2. Specific uses, densities, and intensities for each PUD shall be established in the PUD rezoning ordinance.
The approved uses, densities, and intensities for a PUD shall take precedence over other standards and
requirements in these regulations. The uses approved in a PUD shall be considered permitted uses.
3. Specific bulk, area, and dimensional standards for each PUD shall be approved in the MCP for a PUD and
shall take precedence over the standards and requirements in these regulations for development that are
not within an approved PUD. Elements to be evaluated for a PUD shall include:
a. Appropriateness of the proposed density and/or intensity of the development;
b. Internal and external compatibility of the development and surrounding uses;
c. Transition and separation between surrounding uses;
d. Public amenities, if applicable;
e. Access points and vehicular and pedestrian circulation patterns;
f. Details and design of internal and external buffers;
g. Arrangement and functionality of open space; and
h. Additional amenities that will serve the project.
4. Open Space.
a. For all PUDs, a minimum of twenty percent of the total land area shall consist of open space.
(1) The City may consider a request by the applicant for less than twenty percent open space when
deemed appropriate because of size, location, or nature of the proposed development.
b. The amenities or off-site improvements shall be utilized by the City or developed by the applicant to
mitigate the reduction of open space or to fulfill the recreational needs of the City as required by the
Comprehensive Plan.
c. Areas that Do Not Count as Open Space.
(1) Parking and loading areas,
(2) Streets, and rights-of-way shall not count toward usable open space.
d. Areas that Count as Open Space.
(1) Water bodies,
(2) Surface water retention areas,
(3) Preservation areas, and riparian areas that are preserved as open space shall count towards this
minimum standard, even when they are not usable by or accessible to the residents of the PUD.
(4) All other open space shall be conveniently accessible from all occupied structures in the PUD.
~ 68 ~
e. Improvements Required. All common open space and recreational facilities shall be shown on the PUD
Master Concept Plan and shall be constructed and fully improved according to the development
schedule established for each development phase of the PUD.
f. Landscaping along Sidewalks. All sidewalks within a PUD must be shaded by canopy trees. The area
used for shading the sidewalks can be considered as part of the minimum open space requirement.
g. Maintenance of Open Space. All open space shall continue to conform to its intended use, as specified
on the PUD Master Concept Plan. To ensure that public open space identified in the PUD will be used
as open space, restrictions, easements, or covenants shall be recorded in deeds or the open space areas
may be dedicated to the public to ensure their maintenance and to prohibit the division of any public
open space.
h. Any subdivision of land will require a Property Owners Association (POA) or Home Owners Association
(HOA) to ensure that open spaces within a PUD are maintained.
i. The City is not required to accept dedication of open space areas.
5. PUD Perimeter Buffers. The boundary between a PUD and adjacent land uses shall be landscaped with a
buffer that has sufficient width and shall include screening to ensure a proper transition and increase
compatibility between land uses. The buffer shall be approved in conjunction with the Master Plan.
6. Street Standards. All streets, roads, and drive aisles shall be designed and constructed in conformance with
the Right-of-way Standards identified in this Land Development Code.
7. Phasing. When a PUD is developed in phases, a proportional amount of the open space and recreation areas
shall be included in each phase, in order to comply with the open space requirements of this chapter at the
completion of each phase of the development.
I. Master Concept Plan and concurrent Preliminary Subdivision Plan review. The approved Master Concept Plan
may be used for Preliminary Subdivision Plan approval, provided the required details and information for review
are included in the Master Plan.
J. Amendments to Planned Unit Developments.
1. Administrative Amendments. Amendments to an approved PUD may be approved administratively if they
meet the following criteria:
a. Density or intensity is increased by less than ten percent.
b. Open space is not decreased by more than five percent.
c. There are no changes to any condition of approval.
d. There is no change in permitted uses or types of structures.
e. Dimensional standards are changed by no more than ten percent.
2. Review Standards for amendments. An approved PUD Master Concept Plan may be amended if the
applicant demonstrates that the proposed modification:
a. Is consistent with the efficient development and preservation of the entire PUD;
b. Does not affect in a substantially adverse manner either the enjoyment of the land abutting upon,
adjoining or across a street from the planned unit development;
c. Is not granted solely to confer a special benefit upon any person;
d. Does not contain proposed uses that detract from other uses approved in the PUD;
e. Does not contain an open space plan that differs substantially in quantity or quality from the originally
approved plan; and
f. Contains streets and utilities that are coordinated with planned and existing street and utilities for the
remainder of the PUD.
3. Amendments that require City Council Approval. Any amendment to a PUD that does not meet the criteria
in subsections 1 through 2 above, must be approved by the City Council.
K. Effect of PUD approvals.
1. PUD zoning. A rezoning to a PUD zoning district shall run with the land.
2. Master Concept Plans. A Master Concept Plan shall be valid for any time period established in the conditions
of approval for the Plan. If a specific time period is not specified then the MCP shall run with the land.
OR
3. If a Site Development Plan, a building permit for vertical construction, or a subdivision plat has not been
approved within 2 years, the Master Concept Plan shall be null and void, unless an extension has been
approved by the City Council.
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L. Extensions. A PUD may receive one extension that is valid for two years. Upon expiration of the extension, the
Master Concept Plan shall be null and void.
3.05.07 - Zoning Change (Re-Zoning)
A. Initiation. Applications for a change in zoning may be initiated in the following manner:
1. The City Council, upon its own motion;
2. The Planning and Development Board, upon its own motion;
3. The property owner(s) of at least fifty-one percent of the land in the proposed rezoning area;
4. The City Manager for a City initiated rezoning; or
5. Community Development Services, following approval of a similar use determination.
B. Review Criteria. An application for a rezoning shall be reviewed in accordance with the following criteria:
1. Whether the proposed zoning district is consistent with the City Comprehensive Plan;
2. Whether the full range of uses allowed in the proposed zoning district will be compatible with existing uses
in the area under consideration;
3.2. Whether the range of uses allowed in the proposed zoning district will be compatible with existing and
potential uses in the area under consideration;
4.3. Whether the proposed zoning district will serve a community need or broader public purpose;
5.4. To ensure there are not multiple zoning districts assigned to one parcel. Except if secondary zoning is
Conservation (E), designated on a plat or development plans as a parcel or easement of conservation or
jurisdictional wetlands;
6.5. The characteristics of the proposed rezoning area are suitable for the uses permitted in the proposed zoning
district; and
7.6. Whether a zoning district other than the district requested will create fewer potential adverse impacts to
existing uses in the surrounding area.
C. Effective date of approval. A rezoning shall take effect upon City Council adoption of the ordinance approving
the zoning change.
D. Effect of Denial. An application for a rezoning which has been previously denied by the City Council shall not be
accepted for at least one year after the date of denial. An application to rezone property to a designation that
is different than the designation, which was denied by the City Council, will be accepted and considered without
consideration of time since the previous application was denied.
3.06.00 SPECIFIC REVIEW PROCEDURES - LEGISLATIVE APPROVALS
The following sections outline the various application types and approvals which shall require legislative
proceedings. The Public hearing processes outlined in Section 3.02.02 shall apply.
3.06.01 - Annexations
A. Purpose of Annexations. Annexations shall be considered for the following reasons:
1. The annexation implements the Comprehensive Plan.
2. The annexation increases the City's inventory of non-residential lands.
3. The annexation results in the removal of enclaves.
4. The annexation results in the logical extension of City boundaries.
B. Manner of Initiation. Applications to annex property into the City may be initiated in the following manner:
1. The City Council; or
2. By a petition of one or more owners of property within an area proposed for annexation.
C. Review Criteria. Proposed annexations shall be reviewed in accordance with the requirements of Chapter 171,
Florida Statutes.
D. Effective date of approval: The effective date of an annexation will take place in accordance with Chapter 171,
Florida Statutes.
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3.06.02 - Future Land Use Map Amendments
A. Purpose of Amendments. Future Land Use Map amendments shall be considered for the following reasons:
1. The amendment implements the goals, objectives, and policies of the Comprehensive Plan.
2. The amendment promotes compliance with changes to other city, state, or federal regulations.
3. The amendment results in compatible land uses within a specific area.
4. The amendment implements findings of reports, studies, or other documentation regarding functional
requirements, contemporary planning practices, environmental requirements, or similar technical
assessments.
5. The amendment is consistent with the City's ability to provide adequate public facilities and services.
6. The amendment prepares the City for future growth, such as reflecting changing development patterns,
identifying demands for community services, reflecting changes necessary to accommodate current and
planned growth in population, and facilitating community infrastructure and public services.
B. Manner of Initiation. Applications for a Future Land Use Map amendments may be initiated in the following
manner:
1. The City Council by its own motion;
2. The Planning and Development Board by its own motion;
3. The City Manager for City initiated requests; or
4. By a petition of one or more property owners of at least 51% of the property owners of an area proposed
for amendment.
C. Review Criteria. Proposed future land use map amendments shall be reviewed in accordance with the
requirements of Chapter 163, Florida Statutes, and the following criteria:
1. Whether the proposed future land use amendment is consistent with the goals, policies, and future land
use designations of the City Comprehensive Plan;
2. The amendment protects the health, safety, and welfare of the community;
3. The proposed amendment and all of the consistent zoning districts, and the underlying permitted uses, are
compatible with the physical and environmental features of the site;
4. The range of zoning districts and all of the allowed uses in those districts are compatible with surrounding
uses in terms of land suitability or density and that a change will not result in negative impacts on the
community or traffic that cannot be mitigated through application of the development standards in this
Code;
5. The site is capable of accommodating all of the allowed uses, whether by right or otherwise, considering
existing or planned infrastructure for roads, sanitary and water supply systems, stormwater, parks, etc.;
and
6. Other factors deemed appropriate by the Planning and Development Board and City Council.
D. Effective date of approval. The effective date of a future land use map amendment shall be in accordance with
Chapter 163, Florida Statutes.
3.06.03 - Comprehensive Plan Amendments
A. Purpose of Amendments. Comprehensive Plan amendments shall be considered for the following reasons:
1. The amendment clarifies the intent of the Comprehensive Plan.
2. The amendment corrects an error in the Comprehensive Plan.
3. The amendment addresses changes to state legislation, recent case law, or opinions from the Attorney
General of the State of Florida.
4. The amendment implements the Comprehensive Plan.
5. The amendment promotes compliance with changes to other city, state, or federal regulations.
6. The amendment results in compatible land uses within the future land use designation.
7. The amendment implements findings of reports, studies, or other documentation regarding functional
requirements, contemporary planning practices, environmental requirements, or similar technical
assessments.
8. The amendment promotes the City's ability to provide adequate public facilities and services.
B. Manner of Initiation. Comprehensive Plan Amendments may be initiated in the following manner:
1. The City Council;
~ 71 ~
2. The Planning and Development Board; or
3. The City Manager for City initiated requests.
C. Review Criteria. Proposed comprehensive plan amendments shall be reviewed in accordance with the
requirements of Florida Statutes, Chapter 163, and the following criteria:
1. The amendment is consistent with the goals and policies of the City Comprehensive Plan;
2. The amendment protects the health, safety, and welfare of the community; or
3. Other factors deemed appropriate by the Planning and Development Board and City Council.
D. Effective date of approval. The effective date of a comprehensive plan amendment shall be in accordance with
Chapter 163, Florida Statutes.
3.06.04 - Land Development Code Text Amendments
A. Purpose of Amendments. Land Development Code (LDC) text amendments shall be considered for the following
reasons:
1. The amendment clarifies the intent of the LDC.
2. The amendment corrects an error in the LDC.
3. The amendment addresses changes to state legislation, recent case law, or opinions from the Attorney
General of the State of Florida.
4. The amendment implements the LDC or Comprehensive Plan.
5. The amendment promotes compliance with changes to other city, state, or federal regulations.
6. The amendment adds district uses that are consistent with the character of the current range of allowed
uses.
7. The amendment results in providing compatible land uses within the City.
8. The amendment implements findings of reports, studies, or other documentation regarding functional
requirements, contemporary planning practices, environmental requirements, or similar technical
assessments.
B. Manner of Initiation. Applications for a LDC text amendment may be initiated in the following manner:
1. The City Council by its own motion;
2. The Planning and Development Board by its own motion; or
3. The City Manager for City initiated requests, including text amendments associated with a similar use
determination.
C. Review Criteria. Proposed LDC text amendments shall be reviewed in accordance with the following criteria:
1. Whether the proposed LDC text amendment is consistent with the goals, policies, and future land use
designations of the City Comprehensive Plan;
2. The amendment results in compatible land uses within a zoning designation;
3. The amendment protects the health, safety, and welfare of the community; or
4. Other factors deemed appropriate by the Planning and Development Board and City Council.
D. Effective date of approval. The effective date of a LDC text amendment shall take place upon adoption.
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CHAPTER 4
ZONING DISTRICTS AND OVERLAYS
4.00.00 - GENERALLY
The purpose of this chapter is to describe the zoning districts and permissible uses of land within the City of
Crestview, in accordance with the City Code and Comprehensive plan. Any violation of this Chapter shall be punished
as provided for in section 1-11 of the City Code and Chapter 162, Florida Statutes.
4.01.00 - LAND USE DISTRICTS, DENSITY AND INTENSITY
Land use categories and adopted densities and intensities are as described below:
Land Use Category Use Description Allowed Density/Intensity
R - Residential Residential Development Maximum of 8 units per acre
MU - Mixed Use Mixed Use development with residential and non-residential
uses
Maximum of 20 units per acre or
FAR of 2.0
C - Commercial Commercial Development FAR of 3.0
IN - Industrial Industrial Development FAR of 3.0
PL - Public Lands Limited to development of recreation, schools, churches,
institutional uses, utilities, and government facilities. FAR of 2.0
CON - Conservation Educational or recreational uses coincidental to and
compatible with the conservation purpose of the district
Maximum impervious surface
coverage of 5%
4.02.00 - OFFICIAL ZONING MAP
Zoning districts and zoning district boundaries are hereby established and declared to be in effect upon all land and
water areas included within the boundaries of each district as shown on the map designated the as "Official Zoning
Map of the City of Crestview, Florida." The Official Zoning Map is on file in the City of Crestview City Hall. Such map
and all notations, references and other information shown thereon are as much a part of this chapter as if the
information set forth thereon was fully described and set out in this section.
4.03.00 - ESTABLISHMENT AND PURPOSE OF ZONING DISTRICTS
A. Residential Districts.
1. R-1E – Single-Family Estate District. The Single-Family Estate zoning district is established to provide for
single-family dwellings and allowed accessory structures customarily associated with residential
development in legacy neighborhoods and un-platted residential areas where larger lot sizes are customary.
The maximum density is 2.0 dwelling units per acre. Each single-family dwelling must be placed on one
parcel, lot, tract or other division of land.
2. R-1 - Single-Family Low-Density District. The Single-Family Low-Density zoning district is established to
provide for single-family dwellings, accessory dwelling units and allowed accessory structures customarily
associated with residential development in legacy neighborhoods and un-platted residential areas. The
maximum density is 4.0 dwelling units per acre. Each single-family dwelling must be placed on one parcel,
lot, tract or other division of land.
3. R-2 - Single-Family Medium-Density District - The Single-Family Medium-Density zoning district is
established to provide for single-family dwellings in traditional residential neighborhoods. The R-2 zoning
district is limited to single-family homes and allowed accessory structures. The maximum density is 6.0
dwelling units per acre. Each single-family dwelling must be placed on one parcel, lot, tract or other division
of land.
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4. R-3 - Single and Multi-Family Dwelling District - The Multi-Family Dwelling Density zoning district is
established to provide for single-and multi-family dwellings in higher-density residential neighborhoods.
The R-3 zoning district is limited to single- and multi-family dwellings and accessory structures. The
maximum density is 8.0 dwelling units per acre in the Residential (R) Future Land Use, and 10.0 dwelling
units per acre in the Mixed-Use (MU) Future Land Use. Each parcel, lot, tract or other division of land may
contain multiple single- or multi-family dwellings according to the density allowed by the size of each piece
of land.
B. Mixed Use Districts.
1. MU - Mixed-Use District - The Mixed-Use district is established to provide for a variety of land uses, including
single- and multi-family dwellings and small, low-impact commercial developments, including retail sales,
professional offices, service industries, bed-and-breakfasts, other similar uses and accompanying accessory
uses. Uses may be limited by location due to impacts and compatibility issues. The maximum density for
dwellings is 20.0 dwelling units per acre, and the maximum allowed floor area ratio (FAR) for commercial
uses is 2.0. Each parcel, lot, tract or other division of land may contain multiple single- or multi-family
dwellings according to the density allowed by the size of each piece of land.
C. Commercial and Industrial Districts.
1. C-1 - Commercial Low-Intensity District - The Commercial Low-Intensity District is established to provide for
multi-family apartments, condominiums and low-intensity commercial uses including restaurants, small-
scale retail sales, service industries, entertainment, light manufacture and repair, small professional offices,
hotels, gas stations, other similar uses and allowed accessory uses. Uses may be limited by location due to
impacts and compatibility issues. The maximum allowed density for dwelling units is 25 dwelling units per
acre. The maximum allowed floor area ratio (FAR) is 2.0 for commercial uses.
2. C-2 - Commercial High-Intensity District - The Commercial High-Intensity District is established to provide
for high-intensity commercial developments including restaurants, large-scale retail sales and service
industries, entertainment, light manufacture and repair, professional offices, hotels, gas stations, other
similar uses and allowed accessory uses. Uses may be limited by location due to impacts and compatibility
issues. The maximum allowed floor area ratio (FAR) is 3.0.
3. IN - Industrial District - The Industrial District is established to provide for all types of manufacture and
repair as well as gas stations, other similar uses and accompanying accessory uses. Uses may be limited by
location due to impacts and compatibility issues. The maximum allowed floor area ratio (FAR) is 3.0.
D. Public Land and Conservation Districts.
1. P - Public Lands District - The Public Lands district is established to provide for municipal, governmental or
otherwise institutional uses such as City, County, State or Federal buildings, parks, schools, other similar
uses and allowed accessory uses. Uses may be limited by location due to impacts and compatibility issues.
The maximum allowed floor area ratio (FAR) is 2.0.
2. E - Conservation District - The Conservation District is established to provide for passive recreation or
educational uses that are compatible with the conservation purpose of the district. Such passive uses
include passive parks, open spaces and areas designated for protection, such as water bodies, wetlands,
and habitats for protected species.
4.04.00 - ZONING DISTRICT COMPARISON TO FUTURE LAND USE CATEGORIES
A. The Future Land Use Map of the Comprehensive Plan establishes allowable land uses within the City. The zoning
districts set forth within this LDC must be consistent with the Future Land Use Map. Any rezoning of land must
maintain this consistency. Table 4.04.00 sets forth the allowable zoning districts which are consistent with each
land use category from the Future Land Use Map.
B. When a parcel of land is annexed or rezoned, it is necessary to assign a new zoning district to a piece of land.
The following criteria shall be applied to the determination of the appropriate zoning district:
1. Whether the requested zoning district is consistent with the future land use category according to Table
4.04.00.
2. Whether the uses within the requested zoning district are compatible with the uses in adjacent zoning
districts. Compatibility is determined by considering scale of use; intensity of use as determined by floor
area ratio and impervious surface coverage; hours of operation; impacts from noise in parking lots or
structures; noise from outdoor gathering places; noise from outdoor speakers; noise from processes such
~ 74 ~
as from body shops, equipment shops, and industrial activities; lighting from parking lots or structures and
vehicles; and security lighting. Compatibility shall consider the range of allowable uses on parcels adjacent
to the proposed rezoning parcel and the typical impacts for those uses.
3. Whether the requested use is substantially more intense or less intense than allowable development on
adjacent parcels. The range of uses permissible according to the land use category and zoning district on
the adjacent parcels is the basis for determination. The existence of a nonconforming use on adjacent
parcels which is substantially more or less intense than the requested zoning shall not establish the sole
reason for denial of the requested zoning.
4. Whether the requested use is based on soil types, topography, protection of natural resources, and
protection of designated historic areas.
Table 4.04.00 - Zoning Districts in Future Land Use Categories
Future Land Use
Zoning Districts
R-1E R-1 R-2 R-3 MU C-1 C-2 IN PL E
Residential (R) X X X X
Mixed Use (MU) X X X
Commercial (C) X X
Industrial (I) X
Public Lands (P) X
Conservation (CON) X
4.05.00 - ESTABLISHMENT AND PURPOSE OF OVERLAY DISTRICTS
A. Purpose. The purpose of overlay districts is to provide a means of modifying the site design and development
requirements applicable to the underlying zoning district(s).
B. Downtown Overlay District. The Downtown Overlay District is established to preserve and promote the
downtown area of Crestview. The intent of the Downtown Overlay District is to provide flexibility in location and
design requirements to support and encourage economic development in the downtown area.
1. The Downtown Overlay District is intended as a location where specific site design features will be provided
to ensure flexibility in the location of activities, accessory structures, and other site design requirements,
consistent with a downtown location.
2. The Downtown Overlay District is intended to encourage the provision of design features necessary to
support economic development and to maintain appropriate development characteristics within the
Downtown Overlay District. Specific design requirements can be found in Chapter 6 of this code.
2.3. Developments within the Downtown Overlay District are exempt from the requirements of Section 6.08.00.
3.4. The See figure 4.05.00 below for the boundary of the Downtown Overlay District.
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Figure 4.05.00 - Downtown Overlay District
C. Foxwood Overlay District. The Foxwood Overlay District is established to preserve a number of the original site
design characteristics required by Okaloosa County prior to the area’s annexation. The intent of the Foxwood
Overlay District is to allow any future residential development to conform to the same site requirements as
the residential dwellings that exist in this area as of February 2021.
1. The Foxwood Overlay District is intended create specific setback requirements for the area that deviate
from and supersede those required by the underlying assigned zoning designation. These specific
deviations can be found in Chapter 6 of this code.
2. Figure 4.05.01 below reflects the boundary of the Foxwood Overlay District.
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Figure 4.05.01 - Foxwood Overlay District
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4.06.00 - LAND USES PERMISSIBLE IN EACH ZONING DISTRICT
A. How to read the Table of Permissible Uses (Table 4.06.00)
1. Within the Table 4.06.00, the letter "P" indicates that the land use is permissible, subject to compliance
with the standards of the zoning district.
2. The letter "S" indicates that the use is permissible, subject to compliance with the standards of the zoning
district, and the supplemental standards specified for the use. Supplemental standards are contained in
Chapter 7.
3. An empty cell indicates the use is prohibited.
4. Reference back to 4.05.00B3 for uses not allowed in the Downtown Overlay District.
5. Any use that is not identified in Table 4.06.00 is prohibited unless it is found to be substantially similar by
the Planning Administrator.
a. A requested use shall be considered substantially similar when the characteristics of the requested use
are equivalent in type, intensity, degree, or impact when compared to a use named in Table 4.06.00.
Examples of characteristics to be considered include the following:
(1) Typical hours of operation;
(2) Use of outdoor storage;
(3) Trip generation rates;
(4) Generation of noise, light pollution, odor, smoke, electromagnetic interference, or vibration; and
(5) Customary activities associated with the use.
b. A requested use shall be consistent with the Comprehensive Plan.
c. A requested use shall be consistent with the purposes of the zoning district applicable to the parcel.
d. The administrative interpretation of uses shall be subject to appeal, as set forth in Chapter 9.
Table 4.06.00 - Permissible Uses in Each Zoning District
Principle Land Use
Zoning District
R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E
Residential Uses
Single-family
dwelling P P P P P
Duplex or Triplex P P
Multifamily /
Apartments /
Condos
P P P
Townhouse S
7.05.08
S
7.05.08
Manufactured
homes
P P P P
Manufactured
home community
S
7.05.06
Non-Residential Uses
Alcohol package
store (no
consumption on
premises)
P P
Animal hospital or
veterinary clinic
P P
Arenas, band shell,
amphitheater,
outdoor
performance area
P P P
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Principle Land Use
Zoning District
R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E
Artisan studio P P P
Asphalt or concrete
plant
P
ATM kiosk P P P P P
Bait and tackle P P P
Barber, beauty
salon, nail salons,
aesthetician, and
other similar uses
P P P
Bed and breakfast
lodging
P P P
Building materials,
building supply,
enclosed lumber
yard
P P P
Business support
services, such as
copying, mailing,
printing, private
mail service
P P P P
Car wash or
detailing facility
P
(7.05.01.B) P P
Cemetery P
Community Center,
club, or lodge
P P P
Commercial
recreation,
including bowling,
laser tag, video
arcades, go karts,
and other similar
uses
P P P
Residential
subdivision public
community/amenity
center
P P P P P
Cultural facility,
such as library,
museum, or gallery
P P P
Day-care (child),
nursery school,
kindergarten, or
pre-kindergarten
P P P
Day-care (adult) P P P
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Principle Land Use
Zoning District
R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E
Distribution centers,
may include
warehousing,
dispatch offices,
vehicle yards
P P
Essential public /
municipal services P P P P P P P P P P
Farmer’s market,
outdoor sales,
roadside vendors
P P P P
Financial
institutions, banks,
credit unions,
brokerages, no
drive-up window
P P
Financial
institutions, banks,
credit unions,
brokerages, with
drive-up window
P P
Food stores,
specialty, such as
bakeries, candy,
ethnic groceries,
catering services
P P P
Food Truck Sites S
7.05.07
S
7.05.07
S
7.05.07
S
7.05.07
Fortune tellers and
psychics
P P
Freight and moving
companies
P
(7.05.01.B) P P
Fuel/gasoline
station, may include
convenience store,
restaurant,
automotive
supplies, but not
repair
P
(7.05.01.B) P P
Funeral homes,
mortuaries,
crematoria
P
(7.05.01.B) P
Garden, community
or neighborhood P P P P P P P P
Golf course P P P P P P
Grocery store,
supermarket
P P
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Principle Land Use
Zoning District
R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E
Group home,
congregate living
facility and similar
uses
P P P
Health clubs,
exercise clubs, spas,
gyms
P P P
Hospital P P P P
Hotels, motels, inns
and similar lodging
facilities
P P
Ice vending machine P P P P P
Industrial uses,
heavy industry with
nuisance factors,
such as odor, noise,
vibration, electronic
interference
P
Junk or salvage
yards, recycling
facilities
P
Kennel with
outdoor runs
P
(7.05.01.B) P
Kennel, no outdoor
runs
P P
(7.05.01.B) P P
Laboratories,
medical
P P P
Laboratories,
industrial
P P
Landscaping
materials sales:
plants, stone,
mulch, gravel,
supplies,
greenhouse,
nursery yards
P
(7.05.01.B) P P
Laundry facility,
self-service
P P P P
Lounge, bar or
nightclub
P P
Light
manufacturing, light
assembly, fully
enclosed building,
no nuisance factors
P P P P
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Principle Land Use
Zoning District
R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E
Heavy
manufacturing and
intense industrial
activities including
production,
fabrication,
assembly, outdoor
storage, with
nuisance factors
P
Medical and dental
clinics, outpatient
facilities
P P
Medical facility for
recovery or
rehabilitation
services, includes
substance abuse
center, physical or
mental
rehabilitation,
overnight stays
P P
Medical marijuana
dispensary, Drug
stores and
pharmacies
S
7.05.02
S
7.05.02
Nursing home or
convalescent
facility, overnight
stay
P P P P
Offices, general,
includes offices for
trades or
construction
businesses
P P P P
Parking lot or
parking garage,
commercial
P P P
Pawnshops P P
Personal services,
such as jewelry
repair, shoe repair,
tailoring, dry
cleaning pick-up
center
P P P
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Principle Land Use
Zoning District
R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E
Professional offices,
accounting,
government
operations, legal
services,
bookkeeping,
realtors, brokers,
insurance, etc.
P P P
Recreational
camping
S
7.05.03B
S
7.05.03B
S
7.05.03 S
7.05.03
Recreational vehicle
park
S
7.05.04
S
7.05.04
S
7.05.04
Religious facility P P P P P P P P
Repair shops, small
equipment, small
appliances
P P P
Restaurants, drive-
through and fast
food
P P
Restaurants, (drive-
through not
allowed)
P P P
Retail shops,
freestanding or
within centers,
includes
department stores
or specialty shops
such as art,
antiques, furniture,
florist, appliances,
jewelry, media,
office supplies,
automotive
supplies, etc.
P P P
Retail, large-scale
discount
establishments, big-
box stores
P P
RV, motor homes,
travel trailers, or
manufactured home
sales lot
P
(7.05.01.B) P P
Schools: academic,
charter, public or
private
P P P P P P P
Schools: business,
commercial, trade,
vocational
P P P P P
~ 83 ~
Principle Land Use
Zoning District
R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E
Self-storage, mini-
storage facilities
P P P P
Stone, granite,
monument sales
P
(7.05.01.B) P
Studios for personal
instruction, such as
music, dancing, art
or photography
P P P
Tattoo parlors and
body-piercing
studios
P P P
Terminals, bus,
transit, includes
truck stop
P P
Theaters, movie or
performing arts
P P
Towers, radio, TV,
telecommunication
S
7.05.05
S
7.05.05
S
7.05.05
S
7.05.05
S
7.05.05
S
7.05.05
S
7.05.05
S
7.05.05
S
7.05.05
Trades,
maintenance
services, and heavy
repair services,
including outdoor
storage, equipment
yards, machine
shops, welding
shops, towing
services
P P
Uses that are adult-
oriented, including
bookstores, movie
stores, theaters,
entertainment, and
retail stores
P
Vehicle: repair,
body shop
P P
Vehicle: sales and
rentals, including
automobiles, trucks,
and motorcycles
P
(7.05.01.B) P
Vehicle:
construction, heavy
equipment sales
and rental
P P
Vehicle: storage
yards
P
(7.05.01.B) P
Warehousing, not
including self-
services storage
P
(7.05.01.B) P P
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Principle Land Use
Zoning District
R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E
Wholesalers P
(7.05.01.B) P
4.07.00 - CHANGE OF USE REQUIREMENTS
A. A request to change the permissible use of a parcel of land or structure shall be considered according to the
procedures established in Chapter 9 - Variations from Standards in the LDC.
B. A change of the permissible use of a parcel of land or structure shall meet the following criteria:
1. The requested use is permissible according to Table 4.06.00, Permissible Uses in Each Zoning District.
2. When the requested use has greater impacts than the existing use it shall be established only in compliance
with the following site design and development standards:
a. Parking, loading, handicapped access, stacking lanes, or driveway standards set forth in Chapter 8.
b. Landscaping and buffering requirements set forth in Chapter 6.
c. Level of service standards set forth in the City of Crestview Engineering Standards Manual.
d. Impervious surface coverage standards for the applicable zoning district, set forth in Chapter 6.
3. The requested use does not require exterior building alterations, except that such alterations may be
permissible in compliance with applicable building and safety codes.
4. The requested use can be granted a new Certificate of Occupancy.
~ 85 ~
CHAPTER 5
ENVIRONMENT AND RESOURCE PROTECTION
5.00.00 - GENERALLY
5.00.01 - Purpose and Intent
The purpose of this chapter is to protect the existing natural resources in the City. These standards preserve the
natural environment and protect wildlife habitat and migration corridors.
5.00.02 - Applicability
The standards in this chapter shall apply to all new development and redevelopment within the City, except for
development on lots of record that were approved for single-family residential use prior to the effective date of this
LDC.
5.01.00 - WETLANDS PROTECTION
A. The natural function of wetlands within the City shall be protected. Potential wetlands are identified in the
Comprehensive Plan; however, final delineation shall be established by an independent survey conducted in
accordance with the methodology set forth in the Florida Statutes.
1. Wetlands shall not be removed, altered, or destroyed, except where permitted and mitigated as required
by the Florida DEP, NWFWMD, and the U.S. Army Corps of Engineers. Proof of permit shall be provided by
the City. Areas approved for mitigation shall be protected through a conservation easement with the City
as a party to the easement.
2. A de minimus exemption may be granted by the Florida DEP, NWFWMD, and the U.S. Army Corps of
Engineers. Where exempted, proof of exemption shall be provided to the City.
3. Where an applicant is exempt from permitting requirements of the State of Florida or the U.S. Army Corps
of Engineers, the City shall determine whether a local development permit is required to protect the natural
function of the wetlands.
B. Setbacks required.
1. Principle buildings and all site development shall be setback from wetlands and water bodies a minimum
of twenty-five (25) feet unless Florida DEP, NWFWMD and the U.S. Army Corp of Engineers provide written
approval for the proposed development to encroach into the 25-foot setback.
2. Within the required setback the following activities are permissible:
a. Marinas;
b. Piers;
c. Boardwalks;
d. Walking trails;
e. Riprap, but not shoreline armoring;
f. Installation of buoys or other aids to navigation;
g. Fences;
h. Bridges, both pedestrian and vehicular; or
i. Docks.
3. Development activity which is determined by the City to be water dependent or water related may be
allowed.
5.02.00 - HABITAT PROTECTION
A. It is the purpose of this section to provide standards necessary to protect the habitats of species, both flora and
fauna, of endangered, threatened or special concern status in the City. It is the intent of this section to require
that an appropriate amount of land shall be set aside to protect habitat of rare, endangered or special concern
plant and animal species.
B. Areas subject to the standards of this section shall be those identified in Chapter 11 of the Comprehensive Plan
as habitat for rare and endangered species, threatened species, or species of special concern.
~ 86 ~
C. A habitat management plan shall be prepared as a prerequisite to the approval of any development proposed
on a site containing areas subject to this section. The habitat management plan shall be prepared by an
ecologist, biologist, or other related professional. The plan shall document the presence of affected species, the
land needs of the species that may be met on the development site and shall recommend appropriate habitat
management plans and other measures to protect the subject wildlife.
D. The site development plan for a site containing protected habitat shall not be approved except in compliance
with the requirements for habitat protection set forth in the habitat management plan. Where land is set aside
as protected habitat, such land shall be adjacent to existing viable habitat, a wetland, floodplain, or wildlife
corridor, except when such locations are not available.
5.03.00 - AIR QUALITY
5.03.01 - Compliance with State and Federal Regulations
To protect and enhance the air quality of the City, all sources of air pollution shall comply with rules set forth by the
Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida DEP. In all cases the strictest
of the applicable standards shall apply. No person shall operate a regulated source of air pollution without a valid
operation permit.
5.03.02 - Testing Required
Air pollution emissions shall be tested, and results reported in accordance with techniques and methods adopted by
the Florida DEP and submitted to the State. These tests shall be carried out under supervision of the State and at the
expense of the person responsible for the source of emissions.
5.04.00 - HISTORICAL AND ARCHAEOLOGICAL RESOURCES
5.04.01 - Applicability
The requirements of this section pertain to all structures and sites with identified historical of archaeological
significance as determined by listing on the Florida Master Site File or the National Register of Historic Places.
5.04.02 - Survey Requirements
A. Where a proposed development is located on a protected historical or archaeological site, a survey shall be
conducted by a State of Florida qualified archaeologist or similar expert. The survey shall contain
recommendations on methods of preservation, protection, or mitigation of resources on the site. The survey
shall be submitted along with the application according to the submittal, review, and decision-making
procedures set forth in Chapter 3. Any proposed development shall be consistent with the findings and
recommendations contained in the survey.
B. Where previously unidentified historical or archaeological resources are unearthed during site preparation,
excavation, construction or development activity on a site, development shall be suspended, and the City shall
be notified. The City shall determine if a survey is required.
5.05.00 - FLOOD DAMAGE PREVENTION
5.05.01 - General
A. Title. These regulations shall be known as the Floodplain Management Article of Crestview, hereinafter referred
to as "this article."
B. Scope. The provisions of this article shall apply to all development that is wholly within or partially within any
flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site
improvements and utility installations; construction, alteration, remodeling, enlargement, improvement,
replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the
Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured
buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming
pools; and any other development.
C. Intent. The purposes of this article and the flood load and flood resistant construction requirements of the
Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general
~ 87 ~
welfare and to minimize public and private losses due to flooding through regulation of development in flood
hazard areas to:
1. Minimize unnecessary disruption of commerce, access and public service during times of flooding;
2. Require the use of appropriate construction practices in order to prevent or minimize future flood damage;
3. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or
materials, and other development which may increase flood damage or erosion potential;
4. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of
development on the natural and beneficial functions of the floodplain;
5. Minimize damage to public and private facilities and utilities;
6. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;
7. Minimize the need for future expenditure of public funds for flood control projects and response to and
recovery from flood events; and
8. Meet the requirements of the National Flood Insurance Program for community participation as set forth
in the Title 44 Code of Federal Regulations, Section 59.22.
D. Coordination with the Florida Building Code. This article is intended to be administered and enforced in
conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is
referenced by the Florida Building Code.
E. Warning. The degree of flood protection required by this article and the Florida Building Code, as amended by
this community, is considered the minimum reasonable for regulatory purposes and is based 011 scientific and
engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or
natural causes. This article does not imply that land outside of mapped special flood hazard areas, or that uses
permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas
and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and
the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal
Emergency Management Agency, requiring this community to revise these regulations to remain eligible for
participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is
implied or expressed by compliance with this article.
F. Disclaimer of Liability. This article shall not create liability on the part of City Council of Crestview or by any
officer or employee thereof for any flood damage that results from reliance on this article or any administrative
decision lawfully made thereunder.
5.05.02 - Applicability
A. General. Where there is a conflict between a general requirement and a specific requirement, the specific
requirement shall be applicable.
B. Areas to which this article applies. This article shall apply to all flood hazard areas within the City of Crestview,
as established in Section 102-402(c) of this article.
C. Basis for establishing/food hazard areas. The Flood Insurance Study for Okaloosa County, Florida and
Incorporated Areas dated December 6, 2002, and all subsequent amendments and revisions, and the
accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps,
are adopted by reference as a part of this article and shall serve as the minimum basis for establishing flood
hazard areas. Studies and maps that establish flood hazard areas are on file in the Community Development
Services at City Hall, 198 Wilson Street North, Crestview, FL 32536.
D. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood
elevations, pursuant to Section 5.05.05 of this article the Floodplain Administrator may require submission of
additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital
topography accepted by the community indicates that ground elevations:
1. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard
area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this
article and, as applicable, the requirements of the Florida Building Code.
2. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard
area unless the applicant obtains a Letter of Map Change that removes the area from the special flood
hazard area.
~ 88 ~
E. Other laws. The provisions of this article shall not be deemed to nullify any provisions of local, state or federal
law.
F. Abrogation and greater restrictions. This article supersedes any regulations in effect for management of
development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances
including but not limited to land development regulations, zoning ordinances, stormwater management
regulations, or the Florida Building Code. In the event of a conflict between this article and any other ordinance,
the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement,
but any land that is subject to such interests shall also be governed by this article
G. Interpretation. In the interpretation and application of this article, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
5.05.03 - Duties and Powers of the Floodplain Administrator
A. Designation. The Community Development Services Director is designated as the Floodplain Administrator. The
Floodplain Administrator may delegate performance of certain duties to other employees or select a qualified
candidate from Staff to serve as designee.
B. Certification requirements for the Floodplain Administrator. The Floodplain Administrator shall become
certified and maintain said certification in good standing during employment with the City of Crestview. The
requirements for certification are as follows:
1. Within one year of being hired or designated as such, the Floodplain Management Administrator shall apply
to sit for and obtain a passing grade on the Certified Floodplain Manager® examination administered by the
Association of State Floodplain Managers (ASFPM).
2. The Floodplain Management Administrator shall maintain the Certified Floodplain Manager® certification
through continuing education credits as required by ASFPM.
C. General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of
this article. The Floodplain Administrator shall have the authority to render interpretations of this article
consistent with the intent and purpose of this article and may establish policies and procedures in order to
clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect
of waiving requirements specifically provided in this article without the granting of a variance pursuant to
Section 5.05.07 of this article.
D. Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the
community, shall:
1. Review applications and plans to determine whether proposed new development will be located in flood
hazard areas;
2. Review applications for modification of any existing development in flood hazard areas for compliance with
the requirements of this article;
3. Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact
location of boundaries; a person contesting the determination shall have the opportunity to appeal the
interpretation;
4. Provide available flood elevation and flood hazard information;
5. Determine whether additional flood hazard data shall be obtained from other sources or shall be developed
by an applicant;
6. Review applications to determine whether proposed development will be reasonably safe from flooding;·
7. Issue floodplain development permits or approvals for development other than buildings and structures
that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the
Florida Building Code, when compliance with this article is demonstrated, or disapprove the same in the
event of noncompliance; and
8. Coordinate with and provide comments to the Building Official to assure that applications, plan reviews,
and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of
this article.
E. Substantial improvement and substantial damage determinations. For applications for building permits to
improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change
~ 89 ~
of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage,
and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in
coordination with the Building Official, shall:
1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by
a qualified independent appraiser, of the building or structure before the start of construction of the
proposed work; in the case of repair, the market value of the building or structure shall be the market value
before the damage occurred and before any repairs are made;
2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre- damaged
condition, or the combined costs of improvements and repairs, if applicable, to the market value of the
building or structure;
3. Determine and document whether the proposed work constitutes substantial improvement or repair of
substantial damage; for proposed work to repair damage caused by flooding, the determination requires
evaluation of previous permits issued to repair flood-related damage as specified in the definition of
"substantial damage" and evaluation of previous permits issued for improvements and repairs as specified
in the definition of "substantial improvement"; and
4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of
substantial damage and that compliance with the flood resistant construction requirements of the Florida
Building Code and this article is required.
F. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain
Administrator shall review requests submitted to the Building Official that seek approval to modify the strict
application of the flood load and flood resistant construction requirements of the Florida Building Code to
determine whether such requests require the granting of a variance pursuant to Section 5.05.07 of this article.
G. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the
issuance of all necessary notices or orders to ensure compliance with this article.
H. Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 5.05.06 of
this article for development that is not subject to the Florida Building Code, including buildings, structures and
facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas
to determine if development is undertaken without issuance of a permit.
I. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including
but not limited to:
1. Establish, in coordination with the Building Official, procedures for administering and documenting
determinations of substantial improvement and substantial damage made pursuant to Section 5.05.03 of
this article;
2. Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida
Division of Emergency Management, State Floodplain Management Office, and submit copies of such
notifications to the Federal Emergency Management Agency (FEMA);
3. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit
applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate
Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway
designations; such submissions shall be made within 6 months of such data becoming available;
4. Review required design certifications and documentation of elevations specified by this article and the
Florida Building Code to determine that such certifications and documentations are complete; and
5. Notify the Federal Emergency Management Agency when the corporate boundaries of Crestview are
modified.
J. Floodplain management records. Regardless of any limitation on the period required for retention of public
records, the Floodplain Administrator shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of this article and the flood resistant construction
requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records
of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial
improvement or repair of substantial damage; required design certifications and documentation o f elevations
specified by the Florida Building Code and this article; notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses
will be maintained; documentation related to appeals and variances, including justification for issuance or
~ 90 ~
denial; and records of enforcement actions taken pursuant to this article and the flood resistant construction
requirements of the Florida Building Code. These records shall be available for public inspection at City Hall, 198
Wilson St. N, Crestview, FL 32536.
5.05.04 - Permits
A. Permits required Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake
any development activity within the scope of this article, including buildings, structures and facilities exempt
from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make
application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required
permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of
this article and all other applicable codes and regulations has been satisfied.
B. Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued
pursuant to this article for any development activities not subject to the requirements of the Florida Building
Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the
nature and extent of proposed development that includes a building or structure, the Floodplain Administrator
may determine that a floodplain development permit or approval is required in addition to a building permit.
C. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of
federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60),
floodplain development permits or approvals shall be required for the following buildings, structures and
facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are
subject to the requirements of this article:
1. Railroads and ancillary facilities associated with the railroad.
2. Nonresidential farm buildings on farms, as provide in Section 604.50, F.S.
3. Temporary buildings or sheds used exclusively for construction purposes.
4. Mobile or modular structures used as temporary offices.
5. Those structures or facilities of electric utilities, as defined in Section 366.02, F.S., which are directly
involved in the generation, transmission, or distribution of electricity.
6. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used
in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or
palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other
non-wood features.
7. Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site
or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or
reinforced concrete.
8. Temporary housing provided by the Department of Corrections to any prisoner in the state correctional
system.
9. Structures identified in Section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such
structures are located in flood hazard areas established on Flood Insurance Rate Maps.
D. Application for a permit or ·approval. To obtain a floodplain development permit or approval the applicant shall
first file an application in writing on a form furnished by the community. The information prov ided shall:
1. Identify and describe the development to be covered by the permit or approval.
2. Describe the land on which the proposed development is to be conducted by legal description, street
address or similar description that will readily identify and definitively locate the site.
3. Indicate the use and occupancy for which the proposed development is intended.
4. Be accompanied by a site plan or construction documents as specified in Section 5.05.05 of this article.
5. State the valuation of the proposed work.
6. Be signed by the applicant or the applicant's authorized agent.
7. Give such other data and information as required by the Floodplain Administrator.
E. Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this
article shall not be construed to be a permit for, or approval of, any violation of this article, the Florida Building
Codes, or any other ordinance of this community. The issuance of permits based on submitted applications,
construction documents, and information shall not prevent the Floodplain Administrator from requiring the
correction of errors and omissions.
~ 91 ~
F. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by
such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or
abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180
days each shall be requested in writing and justifiable cause shall be demonstrated.
G. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain
development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or
incomplete information, or in violation of this article or any other ordinance, regulation or requirement of this
community.
H. Other permits required Floodplain development permits and building permits shall include a condition that all
other applicable state or federal permits be obtained before commencement of the permitted development,
including but not limited to the following:
1. The Northwest Florida Water Management District; Section 373.036, F.S.
2. Florida Department of Health for onsite sewage treatment and disposal systems; Section 381.0065, F.S. and
Chapter 64E-6, F.A.C.
3. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; Section
161.055, F.S.
4. Florida Department of Environmental Protection for activities that affect wetlands and alter surface water
flows, in conjunction with the U.S. Anny Corps of Engineers; Section 404 of the Clean Water Act.
5. Federal permits and approvals.
5.05.05 - Site Plans and Construction Documents
A. Information for development in flood hazard areas. The site plan or construction documents for any
development subject to the requirements of this article shall be drawn to scale and shall include, as applicable
to the proposed development:
1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and
ground elevations if necessary, for review of the proposed development.
2. Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study,
they shall be established in accordance with Section 5.05.05(B)(2) or (3) of this article.
3. Where the parcel on which the proposed development will take place will have more than 50 lots or is
larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance
Study, such elevations shall be established in accordance with Section 5.05.05(B)(1) of this article.
4. Location of the proposed activity and proposed structures, and locations of existing buildings and
structures.
5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction
specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill
areas are the minimum necessary to achieve the intended purpose.
7. Existing and proposed alignment of any proposed alteration of a watercourse.
8. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents,
and other data that are required by this article but that are not required to be prepared by a registered
design professional if it is found that the nature of the proposed development is such that the review of
such submissions is not necessary to ascertain compliance with this article.
B. Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard
areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain
Administrator shall:
1. Require the applicant to include base flood elevation data prepared in accordance with currently accepted
engineering practices.
2. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal
or state agency or other source or require the applicant to obtain and use base flood elevation and floodway
data available from a federal or state agency or other source.
3. Where base flood elevation and floodway data are not available from another source, where the available
data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where
the available data are known to be scientifically or technically incorrect or otherwise inadequate:
~ 92 ~
a. Require the applicant to include base flood elevation data prepared in accordance with currently
accepted engineering practices; or
b. Specify that the base flood elevation is three (3) feet above the highest adjacent grade at the location
of the development, provided there is no evidence indicating flood depths have been or may be greater
than three (3) feet.
4. Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise
the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by
FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay
the processing fees.
C. Additional analyses and certifications. As applicable to the location and nature of the proposed development
activity, and in addition to the requirements of this Section, the applicant shall have the following analyses
signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents:
1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment
analysis that demonstrates that the encroachment of the proposed development will not cause any
increase in base flood elevations; where the applicant proposes to undertake development activities that
do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section
102-405(d) of this article and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with
the site plan and construction documents.
2. For development activities proposed to be located in a riverine flood hazard area for which base flood
elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been
designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed
development, when combined with all other existing and anticipated flood hazard area encroachments, will
not increase the base flood elevation more than one (1) foot at any point within the community. This
requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or
in flood hazard areas identified as Zone AO or Zone AH.
3. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering
practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the
watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a
manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to
FEMA as specified in Section 5.05.05(D) of this article.
D. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and
additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map
Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of
flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be
prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing
fees shall be the responsibility of the applicant.
5.05.06 - Inspections
A. General. Development for which a floodplain development permit or approval is required shall be subject to
inspection.
B. Development other than buildings and structures. The Floodplain Administrator shall inspect all development
to determine compliance with the requirements of this article and the conditions of issued floodplain
development permits or approvals.
C. Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall
inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with
the requirements of this article and the conditions of issued floodplain development permits or approvals.
D. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon
placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a
building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall
submit to the Floodplain Administrator:
1. If a design flood elevation was used to determine the required elevation of the lowest floor, the certification
of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or
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2. If the elevation used to determine the required elevation of the lowest floor was determined in accordance
with Section 5.05.05(B)(3)(b) of this article, the documentation of height of the lowest floor above highest
adjacent grade, prepared by the owner or the owner's authorized agent.
E. Buildings, structures and facilities ·exempt from the Florida Building Code, final inspection. As part of the final
inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final
certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the
highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 102-
406(d) of this article.
F. Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or
replaced in flood hazard areas to determine compliance with the requirements of this article and the conditions
of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor
shall be submitted to the Floodplain Administrator.
5.05.07 - Variances and Appeals
A. General. The Board of Adjustment shall hear and decide on requests for appeals and requests for variances from
the strict application of this article. Pursuant to Section 553.73(5), F.S., the Board of Adjustment shall hear and
decide on requests for appeals and requests for variances from the strict application of the flood resistant
construction requirements of the Florida Building Code.
B. Appeals. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the administration and
enforcement of this article. Any person aggrieved by the decision of the Board of Adjustment may appeal such
decision to the Circuit Court, as provided by Florida Statutes.
C. Limitations on authority to grant variances. The Board of Adjustment shall base its decisions on variances on
technical justifications submitted by applicants, the considerations for issuance in Section 5.05.07(G) of this
article, the conditions of issuance set forth in Section 5.05.07(H) of this article, and the comments and
recommendations of the Floodplain Administrator and the Building Official. The Board of Adjustment has the
right to attach such conditions as it deems necessary to further the purposes and objectives of this article.
D. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any
increase in base flood elevations would result, as evidenced by the applicable analyses and certifications
required in Section 5.05.05(C) of this article.
E. Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a
historic building that is determined eligible for the exception to the flood resistant construction requirements
of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the
proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a
historic building and the variance is the minimum necessary to preserve the historic character and design of the
building. If the proposed work precludes the building's continued designation as a historic building, a variance
shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the
requirements of the Florida Building Code.
F. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial
improvement necessary for the conduct of a functionally dependent use, as defined in this article, provided the
variance meets the requirements of Section 5.05.07(D), is the minimum necessary considering the flood hazard,
and all due consideration has been given to use of methods and materials that minimize flood damage during
occurrence of the base flood.
G. Considerations for issuance of variances. In reviewing requests for variances, the Board of Adjustment shall
consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code,
this article, and the following:
1. The danger that materials and debris may be swept onto other lands resulting in further injury or damage;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed development, including contents, to flood damage and the effect of such
damage on current and future owners;
4. The importance of the services provided by the proposed development to the community;
5. The availability of alternate locations for the proposed development that are subject to lower risk of
flooding or erosion;
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6. The compatibility of the proposed development with existing and anticipated development;
7. The relationship of the proposed development to the comprehensive plan and floodplain management
program for the area;
8. The safety of access to the property in times of flooding for ordinary and emergency vehicles;
9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters
and the effects of wave action, if applicable, expected at the site;
10. The costs of providing governmental services during and after flood conditions including maintenance and
repair of public utilities and facilitiefas such as sewer, gas, electrical and water systems, streets and bridges;
and
11. The request for variance shall be submitted prior to commencement of any development or the start of any
construction.
H. Conditions for issuance of variances. Variances shall be issued only upon:
1. Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of
the size, configuration, or topography of the site limit compliance with any provision of this article or the
required elevation standards;
2. Determination by the Board of Adjustment that:
a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of
the land that render the lot undevelopable; increased costs to satisfy the requirements or
inconvenience do not constitute hardship;
b. The granting of a variance will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or
conflict with existing local laws and ordinances; and
c. The variance is the minimum necessary, considering the flood hazard, to afford relief;
3. Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office
of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land;
and
4. If the request is for a variance to allow construction of the lowest floor of a new building, or substantial
improvement of a building, below the required elevation, a copy in the record of a written notice from the
Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood
elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance
will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as
high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation
increases risks to life and property.
5.05.08 - Violations
A. Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by
this article that is performed without an issued permit, that is in conflict with an issued permit, or that does not
fully comply with this article, shall be deemed a violation of this article. A building or structure without the
documentation of elevation of the lowest floor, other required design certifications, or other evidence of
compliance required by this article or the Florida Building Code is presumed to be a violation until such time as
that documentation is provided.
B. Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this
article and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of
violation or stop work orders to owners of the property involved, to the owner's ag ent, or to the person or
persons performing the work.
C. Unlawful continuance. Any person who shall continue any work after having been served with a notice of
violation or a stop work order, except such work as that person is directed to perform to remove or remedy a
violation or unsafe condition, shall be subject to penalties as prescribed by the Crestview Code of Ordinances.
Section 1-11.
5.05.09 - Definitions
A. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this article,
have the meanings shown in this Section.
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B. Terms defined in the Florida Building Code. Where terms are not defined in this article and are defined in the
Florida Building Code, such terms shall have the meanings ascribed to them in that code.
C. Terms not defined Where terms are not defined in this article or the Florida Building Code, such terms shall have
ordinarily accepted meanings such as the context implies.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment,
channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of
modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water
during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this article.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code.
ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.
Base flood. A flood having a I-percent chance of being equaled or exceeded in any given year. [Also defined in FBC,
B, Section 202.] The base flood is commonly referred to as the "100-year flood" or the "I-percent-annual chance
flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic
Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance
Rate Map (FIRM). [Also defined in FBC, B, Section 202; see Basement (for flood loads).]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC,
B, Section 202.]
Declaration of Land Restriction. A form, provided by the City, signed by the owner and recorded on the property
deed in Official Records of the Clerk of Courts, to agree not to convert or modify in any manner that is inconsistent
with the terms of the building permit and these regulations, enclosures that are 6 feet in height or greater below
elevated buildings.
Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 202.]
1. Area with a floodplain subject to a I-percent or greater chance of flooding in any year; or
2. Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally
designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified
on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation
shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet)
specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the
map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.]
Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings
or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials,
mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood
hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the "start of construction"
commenced before February 3, 1993. [Also defined in FBC, B, Section 202.]
Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pour ing of
concrete pads) is completed before February 3, 1993.
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Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other
functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from:
[Also defined in FBC, B, Section 202.]
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact
with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B,
Section 202.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 202.]
1. The area within a floodplain subject to a I-percent or greater chance of flooding in any year.
2. The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally
designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management
Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community.
[Also defined in FBC, B, Section 202.]
Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that
contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface
elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 202.]
Floodplain Administrator. The office or position designated and charged with the administration and enforcement
of this article (may be referred to as the Floodplain Manager).
Floodplain development permit or approval. An official document or certificate issued by the community, or other
evidence of approval or concurrence, which authorizes performance of specific development activities that are
located in flood hazard areas and that are determined to be compliant with this article.
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be r eserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1)
foot. [Also defined in FBC, B, Section 202.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a
floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared
by a qualified Florida licensed engineer using standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building
Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code,
Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in
close proximity to water, including only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term
storage or related manufacturing facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the
proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements
of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.
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Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood
Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
Letter of Map Amendment (LOMA). An amendment based on technical data showing that a property was incorrectly
included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map
and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard
area.
Letter of Map Revision (LOMR). A revision based on technical data that may show changes to flood zones, flood
elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F). A determination that a structure or parcel of land has been elevated
by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In
order to qualify for this determination, the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
Conditional Letter of Map Revision (CLOMR). A formal review and comment as to whether a proposed flood
protection project or other project complies with the minimum NFIP requirements for such projects with respect to
delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may
be issued by FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight
Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of
45 square feet or less, which is:
1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
2. Designed primarily for transportation of persons and has a capacity of more than 12 persons; or
3. Available with special features enabling off-street or off-highway operation and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but
excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking,
building access or limited storage provided that such enclosure is not built so as to render the structure in violation
of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.]
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width
and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed
for use with or without a permanent foundation when attached to the required utilities. The term "manufactured
home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither
party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this
article, the term refers to the market value of buildings and structures, excluding the land and other improvements
on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value
(replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate
market value by a factor provided by the Property Appraiser.
New construction. For the purposes of administration of this article and the flood resistant construction
requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after
February 3, 1993 and includes any subsequent improvements to such structures.
New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is
completed on or after February 3, 1993.
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Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a
single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary
for operation of installed fixtures and appliances. [See Section 320.01, F.S.]
Recreational vehicle. A vehicle, including a park trailer, which is: [See Section 320, F.S.)
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given
year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al-A30, AE, A99, AH, Vl-V30, VE or V. [Also
defined in FBC, B Section 202.] .
Start of construction. The date of issuance of permits for new construction and substantial improvements, provided
the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is
within 180 days of the date of the issuance. The actual start of construction means either the first placement of
permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns. Permanent construction does not include land
preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement,
footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. ·Fora substantial improvement,
the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a
building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B
Section 202.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the
building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the
building or structure before the damage occurred. The term also includes flood- related damage sustained by a
structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such
flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damage
occurred. [Also defined in FBC, B Section 202.]
Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure taking place during a two (2)-year period, the cumulative cost of which equals
or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started.
For each building or structure, the two (2)-year period begins on the date of the first improvement or repair of that
building or structure subsequent to October 14, 1996. If the structure has incurred "substantial damage," any repairs
are considered substantial improvement regardless of the actual repair work performed. The term does not,
however, include any project for improvement of a building required to correct existing health, sanitary, or safety
code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
[Also defined in FBC, B, Section 202.]
Variance. A grant of relief from the requirements of this article, or the flood resistant construction requirements of
the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this
article or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, though, or over which water flows
at least periodically.
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5.05.10 - Buildings and Structures
Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to
Section 5.05.04(C) of this article, buildings, structures, and facilities that are exempt from the Florida Building Code,
including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall
be designed and constructed in accordance with the flood load and flood resistant construction requirements of
ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply
with the requirements of Section 5.05.16 of this article.
5.05.11 - Subdivisions
A. Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and
subdivisions, shall be reviewed to determine that:
1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from
flooding;
2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located
and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage
paths shall be provided to guide floodwaters around and away from proposed structures.
B. Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and
subdivisions, lies within a flood hazard area, the following shall be required:
1. Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as
appropriate, shall be shown on preliminary plats;
2. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not
included on the FIRM, the base flood elevations determined in accordance with Section 5.05.05(B)(1) of this
article; and
3. Compliance with the site improvement and utilities requirements of Section 5.05.12 of this article.
5.05.12 - Site Improvements, Utilities, and Limitations
A. Minimum requirements. All proposed new development shall be reviewed to determine that:
1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from
flooding;
2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located
and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage
paths shall be provided to guide floodwaters around and away from proposed structures.
B. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants
(including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in
accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and
ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the
facilities into flood waters, and impairment of the facilities and systems.
C. Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the
water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate
infiltration of floodwaters into the systems.
D. Limitations on sites in regulatory floodways. No development, including but not limited to site improvements,
and land disturbing activity involving fill or regrading, shall be authorized in the regulatory :floodway unless the
floodway encroachment analysis required in Section 5.05.05(C)(1) of this article demonstrates that the proposed
development or land disturbing activity will not result in any increase in the base flood elevation.
E. Limitations on placement of fill. Subject to the limitations of this article, fill shall be designed to be stable under
conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and
protection against flood-related erosion and scour. In addition to these requirements, if intended to support
buildings and structures, fill shall comply with the requirements of the Florida Building Code.
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5.05.13 - Manufactured Homes
A. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed
pursuant to Section 320.8249, F.S., and shall comply with the requirements of Chapter 15C -l, F.A.C., City of
Crestview Code of Ordinances and the requirements of this article.
B. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard
areas shall be installed on permanent, reinforced foundations that are either:
1. Consistent with the site and flood limitations and design criteria and the recommended prescriptive designs
specified in FEMA P-85, Protecting Manufactured Homes from Floods and Other Hazards. Foundations for
manufactured homes subject to 5.05.13 are permitted to be reinforced piers or other foundation elements
of at least equivalent strength.
2. Engineered by a licensed design professional for the base flood conditions at the site in accordance with
the foundation requirements of ASCE-24, ASCE-7, and this article.
C. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using
methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored
fow1dation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not
limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to
applicable state and local anchoring requirements for wind resistance.
D. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section
5.05.13(E) or 5.05.13(F) of this article, as applicable.
E. General elevation requirement. Unless subject to the requirements of Section 5.05.13(F) of this article, all
manufactured homes that are placed, replaced, or substantially improved on sites located:
1. outside of a manufactured home park or subdivision;
2. in a new manufactured home park or subdivision;
3. in an expansion to an existing manufactured home park or subdivision; or
4. in an existing manufactured home park or subdivision upon which a manufactured home has incurred
"substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or
above the elevation required, as applicable to the flood hazard area, in the Florida Building Code,
Residential Section R322.2.
F. Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes
that are not subject to Section 5.05.13(E) of this article, including manufactured homes that are placed,
replaced, or substantially improved on sites located in an existing manufactured home park or subdivision,
unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either
the:
1. Bottom of the frame of the manufactured home is at or above the elevation required in the Florida Building
Code, Residential Section R322.2 (Zone A); or
2. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent
strength that are not less than 36 inches in height above grade.
G. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the
Florida Building Code, Residential Section R322 for such enclosed areas. A declaration of land restriction must
be submitted for any enclosed areas that are 6 feet in height or greater as a condition for issuance of a final
Certificate of Occupancy.
H. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the
Florida Building Code, Residential Section R322.
5.05.14 - Recreational Vehicles and Park Trailers
A. General. Permanent placement of recreational vehicles and park trailers is not permitted. Recreational vehicles
and park trailers placed temporarily in flood hazard areas shall: ·
1. Comply with the outside storage and temporary use as shown in the City of Crestview Code of Ordinances
Chapter 38, Article VIII – Vehicle Storage; and
2. Be on the site for fewer than 180 consecutive days; and
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3. Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on
wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices,
and has no permanent attachments such as additions, rooms, stairs, decks and porches.
5.05.15 - Tanks
A. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse
or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty.
B. Above-ground tanks, not elevated Above-ground tanks that do not meet the elevation requirements of Section
5.05.15(C) of this article shall be permitted in flood hazard areas, provided the tanks are anchored or otherwise
designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is
empty and the effects of flood-borne debris.
C. Above-ground tanks, elevated Above-ground tanks in flood hazard areas shall be-attached to and elevated to
or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or
lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation
requirements of the applicable flood hazard area.
D. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
1. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or
outflow of the contents of the tanks during conditions of the design flood; and
2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy, during conditions of the design flood.
5.05.16 - Other Development
A. General requirements for other development. All development, including man-made changes to improved or
unimproved real estate for which specific provisions are not specified in this article or the Florida Building Code,
shall:
1. Be located and constructed to minimize flood damage;
2. Meet the limitations of Section 5.05.12(D) of this article if located in a regulated floodway;
3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including
the effects of buoyancy, during conditions of the design flood;
4. Be constructed of flood damage-resistant materials; and
5. Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the
requirements of ASCE 24, except that minimum electric service required to address life safety and electric
code requirements is permitted below the design flood elevation provided it conforms to the provisions of
the electrical part of building code for wet locations.
B. Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of
floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 5.05.12(D) of
this article.
C. Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways
that involve the placement of fill in regulated floodways shall meet the limitations of Section 5.05.12(D) of this
article.
D. Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads,
bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a
watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section
5.05.12(D) of this article. Alteration of a watercourse that is part of a road or watercourse crossing shall meet
the requirements of Section 5.05.05(C)(3) of this article.
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CHAPTER 6
DEVELOPMENT STANDARDS
6.00.00 - GENERALLY
6.00.01 - Applicability
A. The purpose of this chapter is to provide development standards applicable to all development activity within
the City. Subdivisions, new land uses and structures, and alterations to exist ing land uses and structures shall
be designed, constructed, and established in compliance with the development standards for the applicable
zoning district and the development standards for all zoning districts as set forth in this chapter.
B. Infrastructure Standards for roads and streets, sanitary sewer, potable water, stormwater drainage, solid waste
and natural groundwater aquifers shall be found in the Crestview Engineering Standards Manual.
6.00.02 - Measurements
A. Lot Width and Lot Frontage.
1. Lot width is the horizontal distance between side lot lines measured at the intersection of the front setback
and the side lot lines.
Figure 6.00.02 (A). Lot Width
2. Lot frontage is the property line affronting a right-of-way.
a. Minimum lot frontage for residential zoned property shall be forty (40) feet, except for flag lots.
B. Setbacks and yards.
1. Setbacks are measured as the shortest distance from the face of the exterior building wall to the property
line.
2. A yard is the space from the property line or right of way line to the vertical face of a building.
3. The rear yard setback for any waterfront lot is measured to the mean high-water line.
4. Eave overhangs of the primary structure shall meet the specifications and requirements of the current
Florida Building Code.
a. Eave overhangs of equal to or less than the limits of the Florida Building Code shall not be included as
a main part of any building.
b. No eave overhang shall be closer than three (3) feet from any property line.
c. The City Building Official may provide additional requirements.
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Figure 6.00.02 (B). Setbacks and Yards
C. Specific measurement requirements for flag lots.
1. The design requirements for platting flag lots are set forth in Section 6.07.00(C).
2. A flag lot is exempt from the frontage requirements set forth in this LDC, provided that the width of the
pole or access portion of the lot is not less than twenty-five (25) feet.
3. The maximum length of the pole portion of the lot, measured from the right-of-way to the end of the pole
at the point of connection to the flag is 150 feet.
4. The setbacks for a flag lot are measured for the flag portion of the lot, excluding the pole portion of the lot.
D. The impervious surface ratio is calculated by dividing the total of all impervious surfaces on the lot by the total
lot area. Water bodies are impervious surfaces.
E. Building height
1. Building height is measured from the top of the floor at the finished floor elevation to the eave of the
highest habitable floor.
2. Calculation of maximum building height shall not include the roof above the eave of the highest habitable
floor.
3. Calculation of maximum building heights shall not include water towers, utility facility, or appurtenances or
attachments such as chimneys, elevator shafts, antennas, decorative architectural features, steeples, air
conditioning equipment enclosures, cupolas, weather vanes, and other similar building features. All
appurtenances or attachments which are exempt for purposes of calculating the maximum height shall not
be habitable. In certain zoning districts, it may be necessary to calculate the height of a building from mean
sea level in order to determine compatibility with the Eglin Air Force Base mission, in which case
appurtenances shall also be considered.
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Figure 6.00.02 (E). Building Height
6.00.03 - Compatibility Standards Pertaining to Building Height in All Zoning Districts
A. Applicability. The standards set forth in this section apply to buildings other than single-family dwellings when
such buildings are located adjacent to parcels zoned to allow single-family residential use.
B. Maximum height standards
1. The maximum height for buildings located 100 feet or less from a parcel with a single-family residential use
shall not exceed two (2) times the average height of single-family dwellings in the adjacent or surrounding
block.
Figure 6.00.03 (B). Building Height & Distance from SFR
6.00.04 - Standards Pertaining to Metal Buildings in All Zoning Districts
A. Applicability
1. The standards set forth in this section apply to principal buildings and accessory buildings larger than 1,000
sq. Ft.
2. The requirement for a veneer applies to metal building facades that are visible from a public right-of-way.
3. Metal buildings within the IN zoning district are exempt from the requirements in this section.
B. Standards.
1. Facades subject to this section shall have a veneer added consisting of brick, stucco, stone, or a similar
decorative material.
2. The decorative material shall be applied to 100 percent of the façade.
C. Waiver Entitlement. The requirements of this section may be waived by the Planning and Development Board,
pursuant to certain review criteria as outlined in Chapter 3.
6.01.00 - DEVELOPMENT STANDARDS IN RESIDENTIAL DISTRICTS
6.01.01 - Site Development Standards
A. Lots existing before the effective date of this Chapter shall continue to be considered as compliant regardless
of any requirements of this Chapter that are not met.
B. The base standards for development in residential zoning districts are provided in Table 6.01.01.
C. A lot of record is a lot established on or before December 31, 2020. A lot of record is exempt from the lot area
requirements set forth in Table 6.01.01.
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Table 6.01.01 - Development Standards in Residential Zoning Districts
Development Feature R-1E R-1 R-2 R-3
Maximum base density (dwelling units per acre) 2 4 6 FLU
Minimum lot area (square feet) 14,000 10,000 7,000 5,000
Minimum lot width (feet) 75 75 50 40
Maximum impervious surface (percent) 50 50 50 75
Minimum setbacks (feet) R-1E R-1 R-2 R-3
Front setback (along right of way) 30 30 25 20
Side setback (Lot line intersecting right of way) 10 10 7.5 5
Rear setback (intersecting side lot lines) 25 25 20 15
6.01.02 - Residential Design Standards
All single-family dwellings, whether site-built or built off-site and moved onto the lot shall comply with the following
design standards. In all cases below, the Florida Building Code, Residential shall be complied with.
A. The minimum length and width of the building shall be twenty (20) feet.
B. The minimum roof pitch shall be 3:12.
C. The minimum roof overhang shall be twelve (12) inches, exclusive of porches and patios.
D. All single family dwellings shall be situated on the lot so that the front door of the home faces the front yard.
1. Mobile homes, manufactured homes, or modular homes not located within a manufactured home
community may be oriented up to 90 degrees to the front yard on the lot in any way which the location of
the front door may face the side yard. In no case shall the front door of the home face a rear yard.
2. Properties containing mobile homes, manufactured homes, or modular homes placed per the provisions of
6.01.02(D)(1) may not have any fences taller than 4 feet located between the front door of the homes and
the front property line.
2.3. Single family dwellings located on flag lots may be oriented so that the front door faces the access drive.
3.4. All other aforementioned development standards in section 6.00.00 shall be required, other than those that
are superseded in this subsection.
E. The building shall be constructed according to standards established by the Florida Building Code, Residential.
F. The exterior siding material shall consist of approved materials in accordance with the Florida Building Code,
Residential. Where vinyl lap siding is used, the siding shall not have a glossy surface or be reflective.
G. The dwelling shall be attached to a permanent foundation system, including supporting, blocking, leveling,
securing, and anchoring the home and connecting multiple and expandable sections of the home. The
foundation shall be designed and constructed according to the requirements of the current Florida Building
Code, Residential.
H. Roof materials shall be any material approved by the Florida Building Code, Residential.
I. For dwellings elevated forty-eight (48) inches or less, the area beneath the home shall be enclosed by brick,
concrete, wood, rock, vinyl or other materials specifically manufactured for this purpose and shall enclose the
space between the floor joists and the ground level, except for the required minimum ventilation and access.
Such access shall remain closed when not being used for that purpose.
J. For manufactured homes, all tongues, wheels, axles, transporting lights and other towing apparatus shall be
removed from the site prior to occupancy.
K. For manufactured homes, none manufactured before June 15, 1976 shall be permitted.
L. At each exterior door, there shall be a landing that is in accordance with the Florida Building Code, Residential.
M. Duplex (two connected single-family dwelling unit) structures
1. May be placed across a single side property line, at the line of unit separation, provided all other zoning
requirements and setbacks are observed, and the unit-separating wall meets the appropriate standards of
the Florida Building Code and any applicable fire codes.
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2. The minimum length and width of each duplex unit shall be twenty (20) feet.
3. All other aforementioned design standards in section 6.01.02 shall be required, other than those that are
superseded in this subsection.
4. Each unit in a duplex structure must have its own utility connections.
4.N. Recreational Vehicles, Campers, Camp Trailers or mobile dwelling vehicles that are not regulated by the Florida
Building Code, Residential, are not permitted for use as dwellings.
6.02.00 - DEVELOPMENT STANDARDS IN MIXED-USE DISTRICTS
6.02.01 - Site Development Standards
A. The base standards for development in the mixed-use zoning districts are provided in Table 6.02.01, except as
modified below.
B. Specific site development standards apply within the Downtown Overlay District, as set forth in Section 6.02.04.
Standards in the DOD supersede the standards in the underlying zoning district.
Table 6.02.01 - Development Standards in Mixed-Use Zoning Districts
Development Feature MU
Maximum base density (dwelling units per acre) 20
Maximum gross floor area ratio 2.0
Minimum lot area None
Minimum lot width (feet) 50
Maximum impervious surface (%) 80
Maximum building height (feet) 70
Minimum setbacks (feet) MU
Front yard 20
Side yard 7.5
Rear yard 15
6.02.02 - Standards for Mixing Uses on One (1) Lot
A. Uses identified in Table 4.06.00 for the mixed-use zoning district may be combined on one (1) development lot
or parcel.
B. When combining uses, the development may include the maximum number of residential units based on the
density calculation plus the maximum amount of floor area based on the floor area ratio. Residential dwelling
units are not included in the calculation of floor area.
C. Shared parking is required. A parking study shall be prepared according to the standards set forth in Section
8.06.06 to demonstrate the actual parking requirements for the project.
D. Where multiple uses and multiple buildings are proposed on one (1) lot, there is no buffer requirement between
buildings containing different uses.
E. Multiple buildings proposed on one (1) lot shall have an integrated design. An integrated design shall not be
construed to mean that buildings are identical.
F. Access to residential units shall be separated from access to nonresidential development in order to provide
privacy for residents. A shared entrance to a building may be established, provided that the interior entrances
to the residential areas and nonresidential areas are separated.
G. Balconies, courtyards, plazas, recreation areas, and outdoor gathering places shall be located and designed to
ensure privacy for residents.
Formatted
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H. Buildings may have a common wall. However, when separated, the separation shall be a minimum of five (5)
feet to ensure space for maintenance of each building.
6.02.03 - Standards for Mixing Uses Within One (1) Building
A. Uses identified in Table 4.06.00 for the mixed-use zoning district may be combined within one (1) building. The
building may stand alone on a development parcel or may be integrated into a mixed-use development
consisting of multiple buildings.
B. When combining uses, the development may include the maximum number of residential units based on the
density calculation plus the maximum amount of floor area based on the floor area ratio. Residential dwelling
units shall not be included in the calculation of floor area.
C. Shared parking is required. A parking study shall be prepared according to the standards set forth in Section
8.06.06 to demonstrate the actual parking requirements for the project.
D. Access to residential units shall be separated from access to nonresidential development in order to provide
privacy for residents within the building. This requirement may be met when an elevator serves upper floor
residential units through a secured access method, such as key-activated access to residential floors.
E. Balconies, courtyards, plazas, recreation areas, and outdoor gathering places shall be located and designed to
ensure privacy for residents.
6.02.04 - Site Development Standards for the Downtown Overlay District (DOD)
A. The DOD is intended to provide development standards specific to the downtown area of Crestview. The
boundary is shown on the Official Zoning Map.
B. The development standards shown in Table 6.02.04 below supersede and replace the development standards
otherwise required for the underlying zoning district. Where no standard is provided in Table 6.02.04, the
standards of the underlying zoning district are required.
C. Buildings within the DOD are not subject to the standards set forth in Section 6.00.03, 6.03.01.
D. In addition to signs permissible subject to the standards set forth in Section 7.02.00, development within the
DOD may have one (1) sandwich sign in compliance with the following standards:
1. The sign shall not exceed two (2) feet in width.
2. The color and font shall be consistent with the color and font of other signs for the business displaying the
sandwich sign.
3. The sign shall include the business name or logo.
4. The sign shall be located on private property. Where five (5) feet of width on the sidewalk can be maintained
free of obstruction, the sign may be placed on the public sidewalk. When a sign is proposed to be located
on the public sidewalk, the owner shall provide proof of insurance naming the City as an insured party.
5. A sandwich sign shall only be displayed during the hours of operation of the business named on the sign.
6. The sign shall have no lights of any kind.
E. New development or redevelopment shall include sidewalks that are consistent with the requirements in the
Engineering Standards Manual of Crestview.
F. Awnings or permanent canopies sufficient to provide weather protection to pedestrians consistent with the
district for all new construction and any modifications exceeding 25% of the value of the building.
G. Development in the DOD is exempt from providing additional off-street parking spaces as set forth in Section
8.06.05 provided that there is sufficient public parking capacity in the block in which the proposed business is
located. Twenty-five (25) percent of the parking in adjacent blocks may be counted.
1. The City shall evaluate the available capacity of public parking in the Downtown Overlay District on a regular
basis and make the information available to applicants upon request.
2. If the City determines that available public parking capacity is insufficient for the proposed business, the
applicant shall provide the required number of off-street parking spaces. The applicant may submit a
parking study acceptable to the City that demonstrates the parking needs of the proposed business.
Table 6.02.04 - Development Standards Within the Downtown Overlay District
Development Feature Standards
Minimum lot width (feet) None
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Maximum impervious surface (%) 100
Maximum building height (feet) 120
Minimum setbacks (feet)
Front setback 0
Side setback 0
Rear setback 0
Setback abutting an alley 5
6.02.05 - Site Development Standards for the Foxwood Overlay District (FOD)
A. The Foxwood Overlay District is intended to provide development standards specific to the Foxwood area of
Crestview. The boundary is shown on the Official Zoning Map.
B. The development standards shown in Table 6.02.05 below supersede and replace the development standards
otherwise required for the underlying zoning district. Where no standard is provided in Table 6.02.05, the
standards of the underlying zoning district are required.
C. All existing platted lots as of the annexation of this neighborhood shall be deemed to be in compliance with
the LDC.
Table 6.02.05 - Development Standards Within the Foxwood Overlay District
Development Feature Standards
Minimum lot width (feet) 75
Minimum lot frontage (feet) 20
Maximum impervious surface (%) 55
Maximum building height (feet) 45
Minimum setbacks (feet)
Front setback 20
Side setback 10
Rear setback 10
6.03.00 - DEVELOPMENT STANDARDS FOR COMMERCIAL AND INDUSTRIAL DISTRICTS
6.03.01 - Site Development Standards
A. The base standards for development in commercial and industrial zoning districts are provided in Table 6.03.01.
B. Specific site development standards apply within the Downtown Overlay District, as set forth in Section 6.02.04.
C. Proposed building height, including appurtenances and building attachments, in any district shall be analyzed
to determine if it exceeds any limitations of the Eglin Air Force Base. In consultation with an Eglin AFB
representative, the City may establish the maximum height at less than the heights in the table below, but no
less than the maximum structure height (above mean sea level) causing no major negative mission impacts for
Eglin AFB, as depicted in the Map.
Table 6.03.01 - Development Standards in Commercial and Industrial Zoning Districts
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Development Feature C-1 C-2 IN
Maximum gross floor area ratio 2.0 3.0 3.0
Minimum lot area None 32,000 s.f. 65,000 s.f.
Minimum lot width (feet) None 100 100
Maximum impervious surface (%) 80 80 95
Maximum building height (feet) 50 100 None
Minimum setbacks (feet) C-1 C-2 IN
Front yard 20 30 40
Side yard 10 20 30
Rear yard 10 20 30
6.03.02 - Nuisance/Pollution Standards for Industrial Developments
All uses and activities conducted in the IN zoning district shall conform to the standards of performance described
below. The failure to conform to any such standards is hereby declared to be a public nuisance.
A. Fire and explosion hazards: All activities and all storage of flammable and explosive materials or products at any
place shall be provided with adequate safety devices against the hazards of fire and explosion, including
adequate firefighting and fire suppression equipment, as prescribed by all applicable fire prevention laws,
ordinances, and regulations.
B. Radiation: Any operation involving radiation (e.g. the use of neutrons, protons and other atomic or nuclear
particles) shall be conducted in accordance with the codes, rules, and regulations of State and Federal regulating
agencies. Radiation limitations shall not exceed quantities established as safe by the United States Bureau of
Standards.
C. Electromagnetic radiation: For the purpose of these regulations, electromagnetic interference shall be defined
as disturbances of an electromagnetic nature which are generated by the use of electrical equipment, other
than planned and intentional sources of electromagnetic energy, which would interfere with the proper
operation of electromagnetic radiation for such purposes as communication, experimentation, entertainment,
broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection,
topographical survey, personal pleasure or any other use directly or indirectly associated with these purposes
which does not comply with the current regulations of the Federal Communications Commission (FCC) regarding
such sources of electromagnetic radiation. Further, said operations, in compliance with the FCC regulation s,
shall be unlawful if such radiation causes an abnormal degradation of performance of other electromagnetic
radiators or electromagnetic receptors of quality and proper design because of proximity, primary field,
blanketing, spurious re-radiation, conducted energy in power or telephone systems or harmonic content. The
determination of "abnormal degradation of performance" and of "quality and proper design" shall be made in
accordance with good engineering practices as defined in the latest principles and standards of the American
Institute of Electrical Engineers, the Institute of Radio Engineers and the Radio Manufacturers' Association.
D. Toxic or hazardous matter: Any activity involving the use or storage of toxic or hazardous matter shall comply
with all State, Federal and local laws and all regulations of any Federal, State, or local agency concerning
pollution control or toxic substances.
E. Waste disposal: No activity shall be conducted which results in the discharge of any liquid or solid waste,
including industrial wastes, into any public or private sewage system, the ground, or any lake, stream, or other
body of water, in violation of any provision of State, Federal or local law or any regulation of any State, Federal
or local agency.
F. Vibration: No use of any property shall cause perceptible earth vibrations beyond any property line, except
when pilings are driven for structure foundations. All stamping machines, punch presses, press brakes, hot
forgings, steam board hammers, or similar devices shall be placed on shock absorption mountings and on
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suitable reinforced concrete footings. No machine shall be loaded beyond the capacity, as described by the
manufacturers.
G. Heat, cold, dampness, or movement of air: Activities on any property which produce any adverse effect on the
temperature, motion, or humidity of the atmosphere beyond the lot lines are not permitted.
H. Glare: There shall be no direct or sky-reflected glare, whether from floodlights, high temperature processing,
combustion, welding, or otherwise so as to be visible at, or interfere with uses on, adjacent properties.
I. Smoke, dust, and particulate matter: There shall be no emission of visible smoke, dust, dirt, fly ash, or any
particulate matter from any pipes, vents, or other openings or from any other source, into the air which can
cause damage or irritation to health, animals, vegetation, or to any form of property or which results in the
violation of any applicable Federal, State or local requirements.
J. Odor: There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive
at the points of measurement. Any process which may involve the creation or emission of any such odors shall
be provided with both a primary and a secondary safeguard system so that control may be maintained in the
event of failure of the primary safeguard system.
K. Noise: Reserved
6.04.00-6.05.00 - RESERVED
6.06.00 - STANDARDS FOR SITE PREPARATION AND IMPROVEMENTS
Site preparation and site improvements for all developments within the City of Crestview shall comply with the
requirements set forth in the Crestview Engineering Standards Manual. Any deviations for any reason from that
Manual shall be only at the sole discretion of the Director of Public Services.
6.06.01 - Site Lighting
Site lighting is required for all new developments. A lighting plan shall be provided as part of the initial submittal to
demonstrate compliance with the following standards.
A. Lighting shall be designed to shine downward and not skyward.
B. Lighting shall be shielded to avoid glare and direct illumination of adjacent properties.
C. Only full-cut off lighting fixtures shall be permitted.
D. Lighting shall not create glare or other hinderance to any roadways and drivers.
E. Lighting within a subdivision, the light poles must be in place at the time of infrastructure installation, before
the final plat is recorded. The light fixtures shall be in place and operational before each residence receives a
CO. In addition, all lighting shall be in place and operational prior to the end of the applicable warranty period.
F. Streets lights within residential zones must have a spacing of no more than 400 feet.
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6.07.00 - DESIGN STANDARDS FOR SUBDIVISIONS
A. Blocks.
1. The lengths, widths, and shapes of blocks shall be determined with due regard to:
a. The provision of adequate building sites suitable to the special needs of the type of use contemplated;
b. The need for convenient and safe access, circulation, and control of pedestrian and vehicular traffic;
c. Zoning requirements as to lot sizes and dimensions; and
d. Limitations and opportunities of topography.
2. Blocks shall be a maximum of 1,320 feet in length.
3. Rights-of-way for pedestrian crosswalks may be required in order to provide direct pedestrian access to
schools, shopping centers, and parks. Such crosswalks shall be a minimum of ten (10) feet in width.
B. Lots.
1. The lot size, width, depth, shape, orientation, and the minimum building setback lines shall comply with the
requirements for the zoning district set forth in this LDC.
2. Corner lots for residential use shall have sufficient additional width to maintain same average buildable
area as adjacent lots.
3. Side lot lines shall be approximately at right angles to straight right-of-way lines or radial to curved right-of-
way lines. Side lot lines are defined as any lot line that intersects a Right of Way line.
4. Double frontage and reverse frontage lots shall be avoided. Where such lots are necessary to provide
separation of residential development from arterial streets or to meet specific orientation requirements,
the access to such lots shall be from the street with the lower functional classification. A landscaped buffer
strip with a fence, in addition to landscaping and buffering required by Section 6.08.05 shall be provided
along the property line abutting the street with the higher functional classification.
C. Specific requirements for flag lots
1. A flag lot is any lot that does not entirely front on a public street. Frontage is provided by a private driveway.
See Figure 6.07.03(C) for an illustration of a flag lot.
2. Flag lots are permissible in the R-1E, and R-1 and R-2 zoning districts and shall be measured and meet the
dimensional requirements set forth in Sections 6.00.02(C) and Table 6.01.01.
3. Each private driveway shall serve only up to two (2) flag lots.
4. There shall be no more than two (2) abutting private driveways.
5. The design, dimensions, and construction requirements for driveways shall comply with the Crestview
Engineering Standards Manual.
6. Nothing in this section shall be construed to prohibit flag lots in a planned unit development.
Figure 6.07.03 (C). Illustration of a flag lot
D. Access requirements
1. Each lot shall have frontage on and permanent access to an existing or proposed paved public street.
a. Private Streets are only allowed where an HOA is established in perpetuity.
b. No streets will be accepted by the City for ownership or maintenance until the streets have met the
standards for all streets as identified in the current edition of the Crestview Engineering Standards
Manual.
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2. A subdivision plat shall include streets as established by transportation plans in the Comprehensive Plan,
the Transportation Planning Organization, or other similar plan. The arrangement, character, extent, width,
grade, and location of all streets shall conform to the plans of the State, Okaloosa County, and the City,
respectively, and shall be considered in their relation to existing and planned streets, to topographical
conditions, and to public convenience and safety.
3. Alleys shall be provided to serve multifamily development, commercial development, and industrial
development.
4. All streets shall be designed and constructed in compliance with the standards of the City set forth in the
Crestview Engineering Standards Manual. All costs shall be paid by the developer.
5. Subdivisions shall include sidewalks and bicycle paths or lanes in compliance with the standards set forth in
Chapter 8 of this Land Development Code and the Crestview Engineering Standards Manual.
E. Easements. All lots within a subdivision shall provide easements for stormwater drainage, water systems,
sanitary sewer systems, gas lines, electric lines, cables, telephone lines, and utility poles. Standards for such
utility easements are set forth in the Crestview Engineering Standards Manual.
F. Site improvements.
1. All subdivisions shall be required to have underground utility service (electrical, cable television, telephone,
water, and sewer) unless all lots within the subdivision front existing streets that currently are serviced
above ground.
2. If the subdivision plat proposes more than ten (10) lots or more then, a recreation facilities assessment
equal to 5% of the predevelopment land value according to the property appraiser shall be due prior to the
issuance of a Preliminary Development Order. In some cases, land can be deeded to the City provided that
land is deemed of sufficient size and quality to be utilized as a public City Park. This shall be at the sole
discretion of the Director of Crestview Recreation Enrichment Services Department.
3. Land which is determined to be unsuitable for subdivision due to flooding, bad drainage, or other features
likely to be harmful to the health, safety, and general welfare of future residents, shall not be subdivided,
unless adequate methods of correction and mitigation are formulated by the developer and approved by
the City and any other agency having jurisdiction.
4. All applicable standards set forth in Chapter 5, Environmental and Resource Protection, shall be met.
5. All applicable standards set in the Crestview Engineering Standards manual shall be met.
G. The street and block layout.
1. Streets. The street layout of the subdivision shall be in general conformity with a plan for the most
advantageous development of adjoining areas and the entire neighborhood. This shall apply to all streets,
including private streets.
a. Where appropriate to the design, proposed streets shall be continuous and in alignment with existing,
planned, or platted streets with which they are to connect.
b. Proposed streets may be required to extend to the boundary lines of the tract to be subdivided where
such an extension is required to connect with streets in an existing, platted, or planned subdivision.
The extension or connection requirement by the city will be based upon traffic circulation or public
safety issues and compatibility of adjacent land uses.
c. In a proposed subdivision of 50 lots or more adjacent to an existing or platted subdivision where
extension of proposed streets to the boundaries would dead end with no feasible street connections,
there shall be at least two entrance streets into the subdivision where feasible. Interior streets shall
be designed so as to provide more than one route to as many residences as feasible.
d.c. If the proposed subdivision is adjacent to an undeveloped area, at least one proposed street shall
terminate at a boundary line of the undeveloped area. A temporary turning circle shall be required at
the end of that street or streets with an outside diameter of 60 feet. This requirement may be waived
if the traffic pattern of the subdivision contains more than one exit to a city or county road or if traffic
circulation or public safety requirements do not dictate a street terminus at a boundary line of the
undeveloped area.
e.d. If an existing half-width public or private street or other right-of-way easement is parallel and
contiguous with the boundary of a proposed subdivision, the other half-width right-of-way will be
dedicated in the proposed subdivision and shall be the width necessary to create a right-of-way along
the entire boundary of the proposed subdivision which meets minimum width requirements as set
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forth in article VIII of this chapter. If the additional right-of-way required to continue the existing
dedicated road or other easement in a continuous, orderly manner is not in the proposed subdivision,
the developer will prepare the agreement or easement for dedicating the additional right-of-way
required and will attempt to obtain such right-of-way. However, the city may assist in acquisition of
such right-of-way when in the public interest, where governmental action is necessary to acquire the
property and the developer advances all costs and expenses incurred by the city in taking such action.
f.e. A cul-de-sac or local dead-end street shall not exceed 1,320 feet in length.
g.f. Street lighting shall be provided in accordance with Section 6.06.01 of this code. The Developer shall
make arrangements with the power company and bear the cost of power during the warranty period.
Then the street light electrical account shall transfer to the Home Owners Association serving the same.
H. Subdivision Landscaping Requirements
1. Any subdivision landscaping or island must be in a platted common area, dedicated to the Homeowner’s
Association.
6.08.00 - STANDARDS FOR LANDSCAPE DEVELOPMENT
6.08.01 - Intent
It is the intent of this Section to:
A. Establish minimum landscaping standards for all development within the City;
B. Protect the public's health, safety, and welfare;
C. Protect the natural environment, ecosystem, existing wetlands, and waterways;
D. Improve the quality of appearance of the built environment by preserving natural elements where possible and
incorporating new landscaped areas;
E. Protect and improve property values;
F. Establish an integrated system of landscaping and beautification of the City's corridors;
G. Ensure visual accessibility to businesses.
H. The City of Crestview encourages innovative water conservation planning, design and techniques, including
xeriscape landscaping methods as defined in the Crestview Engineering Standards Manual.
6.08.02 - Definitions
Definitions of terms used in this chapter can be found in Chapter 2 -– Acronyms and Definitions.
6.08.03 - Applicability
A. This section applies to all new development.
1. New development within an existing multi-use structure, non-residential, or multi-family development shall
be required to provide landscaping in conformance with this section only to the portions of the site
containing the new development, unless Sub-Section 6.08.03(C) applies.
B. This section shall apply to existing development and redevelopment when any of the following occurs:
1. When a Change in Use requires the construction of additional parking and/or vehicle use area(s).
2. When any principal nonresidential structure or complex of structures is enlarged by 50 percent or more in
gross floor area, the entire site shall conform to the requirements of this Section.
3. When alterations to any principal nonresidential or multifamily structure or complex of structures exceed
30 percent of the assessed value over an 18-month period, the entire site shall be made to conform to the
requirements of this Section.
4.3. When any vehicle use area is constructed or established, or when an existing vehicle use area is enlarged
by 50 percent or greater, the entire vehicle use area shall conform to the requirements of this Section.
a. When an existing vehicle use area is enlarged by less than 50 percent, that portion of the vehicle use
area shall conform to the requirements of this Section.
C. The following development is exempted from the requirements of this section:
1. Single Family detached dwellings.
2. Duplex dwellings.
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6.08.04 - Administrative Modifications
A. The Director of Community Development Services, or designee, shall have the authority to modify the
requirements of this section when he or she determines that it is physically impossible or, for all intents and
purposes, wholly impractical, for a development to meet the requirements of this Section.
B.1. This determination shall be based upon the location, placement, or configuration of existing structures, site
dimensions, site topography, underground and overhead utilities, and other physical characteristics of the
development site itself.
C.2. If it is determined that modifications are required, the Director, or designee, may allow for the following
only:
1.a. Placement of required trees elsewhere on site;
2.b. Grouping(s) of required trees;
3.c. Waiver of a portion of the requirements, provided that the requirements of this section are
implemented to the fullest extent on those portions of the development site that can physically
accommodate these requirements.
6.08.05 - Landscape Plan Required
A. To ensure compliance with the standards of this section, a landscape plan demonstrating how landscaping will
be planted on a development site shall be included as a part of any application for development approval for
the following: any commercial development.
1. Special Use Permit;
2. Commercial Site Plan of any size;
3. Any commercial Subdivision;
B. No submittal for any development shall be deemed complete unless a landscape plan has been submitted.
C. No development order or development permit shall be issued until a landscape plan has been submitted and
approved as meeting the requirements of this section.
D. Landscape plans shall be signed and sealed by a landscape architect who is licensed to practice in the State of
Florida, and in good standing.
E. Landscape plans shall be submitted to the Planning and Zoning Department, separately from or as a component
part of required development plans. In either case, the application process will not proceed to review without
the Landscape Plan.
F. All landscape materials depicted on the approved landscape plan shall be installed prior to the issuance of a
Certificate of Occupancy.
G.D. Landscape plans shall include the following contents and information:
1. Location of all existing protected trees that are on the protected trees list on a development site, with their
species (common name), and DBH, and crown or spread identified.
2. Denote existing protected trees to be removed and those to be saved., together with a table of this
information.
a. For all protected trees being removed, a certified arborist, landscape architect, or similarly qualified
professional is required to determine if those trees can be safely moved to another location on the site,
or state if they cannot.
3. Locations of all landscaping improvements including species (common name), crown, and DBH of trees and
species of shrubs, grasses and ground cover(s).
4. Total landscaped area, total impervious surface areas, and total project limits.
5. Location of all proposed driveways, parking areas, sidewalks, buildings, walls, fences, signs, and any other
non-landscape components which will intersect and/or improvements to be constructed or installed within
the required landscape areas.
6. Any utilities, overhead or underground, in the vicinity of the landscape areas shall be shown. Any potential
impacts with the utilities shall be noted. Acceptance of the landscape material by an effected utility
company may be required, such as trees adjacent to an overhead power line.
7. Location of any proposed irrigation system if applicable. or other watering apparatus.
8. Reference to the applicable sections identifying the minimum landscape and installation requirements of
this code.
Formatted
Formatted
~ 115 ~
9.8. A statement indicating that the balance of all areas within the required landscape, outside of the trees and
shrubs shall be planted with turf grass and or groundcover plants.
10.9. A statement indicating that all disturbed areas outside of the planned improvements shall be
sodded or seeded.
11. A statement(s) and/or graphic(s) providing for the protection of saved trees onsite.
12. Any other required or pertinent design or detail information in written or graphic form.
6.08.06 - Requirements - Perimeter Landscape
A. There are different types of perimeter landscape yards that developments may be required to install. Perimeter
landscape requirements reflect the proposed property use and the adjacent property uses and/or zoning
districts.
B. The following perimeter landscape areas shall be required in accordance with the applicable portions of this
Section:
1. Right-of-Way (ROW) Landscape Buffer
2. Side Perimeter Landscape Buffer
3. Adjacent Use Buffer
6.08.067 – Requirements - Interior Parking Landscape Areas
A. Interior parking landscape. The following criteria shall apply regarding interior parking landscape:
1.A. Overhang areas. Vehicles may overhang no more than two feet into landscape areas. The overhang area shall
not be included as part of the landscape area requirement.
2.B. Generally. Interior portions of off-street parking facilities which are not specifically designed as parking or
loading spaces andor maneuvering areas drive aisles shall not be paved for vehicle use. Said areas shall be
planted and permanently maintained with trees and shrubs and finished with ground cover or other landscape
material.
3.C. Maximum number of continuous parking spaces. Landscaping areas with a minimum dimension of nine feet and
a minimum total area of 171 square feet shall be provided to break up excessively long, continuous runs of
parking spaces. No parking bay rows shall containing more than 15 continuous parking spaces. without being
broken up by a landscaped area. These landscaped areas must shall have a minimum dimension of nine feet
and a total area of at least 171 square feet. Each area shall have contain one tree that measures a minimum of
1.5 inches DBH. in diameter., four feet above grade at time of planting.
B. Termination of parking rows. Each row of interior parking spaces shall be terminated at each end by a
landscaped area which shall be a minimum of 100 square feet with a minimum dimension of ten feet. These
landscaped areas must have one tree that measures a minimum of 1.5 inches DBH. in diameter, four feet above
grade at time of planting.
D. Vehicles may overhang no more than two feet into landscape areas.
6.08.08 – Requirements - Right-of-Way Landscape Buffers Yard
A. Excluding driveways, Tthere shall be a continuous landscaped area, a minimum of 10-foot feet wide, adjacent
to abutting all rights-of-way.
1. When parking areas abut ROW Landscape Buffer yards, wheel stops shall be provided to prevent more than
eighteen (18) inches two feet of overhang into the landscape area.
2. Sidewalks shall not be located within the right-of-way landscape buffer yard.
3. A maximum of two vehicle accessways, meeting the width requirements of Crestview Engineering
Standards Manual, through ROW Landscape Buffer yards, per right-of-way shall be allowed.
a. Developments with greater than 500 linear feet of right-of-way frontage shall be allowed one
additional accessway through the ROW Adjacent Landscape Yard.
b. Accessways shall at no time be less than 50 feet apart, as measured from the centerline of driveway
throats of each accessway.
B. When a development's disturbed area or project area, does not extend the full length of the right-of-way
frontage of the property, the required perimeter ROW landscape buffer may be placed within the dedicated
project area only, provided the following:landscape plan identifies that the area is to be maintained in a natural
state.
Formatted: Indent: Left: 0.25", No bullets or
numbering
Formatted
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1. When the remainder of the frontage contains natural growth of native trees, shrubs and grasses to
sufficiently create or maintain a visual barrier between the right-of-way and the proposed development.
2. The remainder of the frontage is kept and maintained in its natural state.
3. The landscape plan identifies that the area is to be maintained in a natural state. and that when
the area no longer provides an acceptable visual barrier, landscaping improvements in keeping with the
provisions of this code shall be installed.
4.1. If this area is developed in the future, then it will be required to meet the requirements of this code.
C. Right-of-way adjacent landscape areas shall utilize, to the greatest extent practical, existing trees, provided
those trees are identified within the Approved Tree Species List. See Section 6.08.09 for the approved species
list and tree protection bonuses.
D.C. Right-of-way adjacent landscape areas shall provide vegetation in accordance with the following:
1. One tree per 25 linear feet, or fraction thereof, of total right-of-way frontage with 50 percent of the trees
being a shade species.
a. Any required trees deemed to be within the visibility triangle will be required to be planted elsewhere.
(Refer to the Crestview Engineering Standards Manual for more information)
b. Any trees that would conflict with existing utilities, such as overhead power, shall be planted
elsewhere.
c. In no case will driveways, utilities, or other such conflicts result in a reduction of the required trees or
landscape area. Such required landscape shall be moved elsewhere within the development.
2. The balance of the landscaped area shall be planted with turf grass and other landscaping treatments.
E. Side Perimeter Landscape Yards.
1. There shall be a continuous side perimeter landscape yard, a minimum of five-foot-wide, adjacent to the
property line, in accordance with the following:
a. When there is an existing use on the adjacent property and a buffer yard is not required.
b. When there is a planned use on the adjacent property and a buffer yard is not required.
c. Cross Vehicle Access-drives meeting the minimum width requirements as per the Crestview
Engineering Standards Manual, shall be allowed up to three per side.
(1) When not connecting to an existing Cross Vehicle Access drive, landscaping shall be required to
meet this Chapter.
2. Side perimeter landscape yards shall provide vegetation in accordance with the following:
a. The balance of the landscaped area shall be planted with turf grass and other landscaping treatments.
F.D. Buffer Yards
6.08.09 – Adjacent Use Landscape Buffers
1.A. Adjacent use landscape Bbuffers yards shall generally be located along the outer perimeter of a parcel and shall
extend inward from the property line inward the required width.
2.B. Adjacent use landscape Bbuffer yards shall be required between uses with different densities and/or intensities
and between different zoning districts in accordance with the following:
a. A buffer yard shall be provided in the following situations and/or circumstances:
(1) Buffer widths shall be determined based on Table 6.08.08.
(a) Where redevelopment of an existing single-family dwelling occurs adjacent to single family or
duplex residential development, in conformance with this code and the character of the single-
family dwelling is preserved and there are 10 or less required parking spaces, the buffer yard
requirement may be satisfied by the placement of an eight-foot tall wood or vinyl/plastic privacy
fence around the entire side and rear yards.
Table 6.08.098 - Required Adjacent Use Landscape Buffer Widths
R-1E R-1 R-2 R-3 MU C-1 C-2 IN
R-1E N/A 5 feet 10 feet 15 feet 15 feet 20 feet 30 feet 50 feet
R-1 5 feet N/A 5 Feet 10 Feet 15 feet 15 Feet 20 Feet 30 Feet
R-2 10 feet 5 Feet N/A 5 Feet 10 feet 15 Feet 20 Feet 30 Feet
Formatted: Indent: Left: 0.5", No bullets or
Formatted: Numbered + Level: 1 + Numbering Style:
A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:
0" + Indent at: 0.25"
Formatted: Numbered + Level: 2 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
0.25" + Indent at: 0.5"
Formatted: Numbered + Level: 3 + Numbering Style:
a, b, c, … + Start at: 1 + Alignment: Left + Aligned at:
0.5" + Indent at: 0.75"
Formatted: Numbered + Level: 4 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
0.75" + Indent at: 1"
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R-3 15 feet 10 Feet 5 Feet N/A 7.5 feet 15 Feet 15 Feet 15 Feet
MU 15 feet 15 feet 10 feet 7.5 feet N/A 7.5 feet 10 feet 15 feet
C-1 20 feet 15 Feet 15 Feet 15 Feet 7.5 feet N/A 5 Feet 5 Feet
C-2 30 feet 20 Feet 20 Feet 15 Feet 10 feet 5 Feet N/A 5 Feet
IN 50 feet 30 Feet 30 Feet 15 Feet 15 feet 5 Feet 5 Feet N/A
C. The buffer requirement may be satisfied by the placement of an eight-foot tall privacy fence when a single-
family dwelling is redeveloped for commercial use and when:
1. The character of the single-family dwelling is preserved.
2. There are 10 or less required parking spaces.
3.D. Buffer Yard vegetation requirements:
a.1. The expectation with intent of this section is that a visual and audible barrier or screen is created between
dissimilar uses through the use of aesthetically appealing landscaping, fencing, walls, or other methods.
b.2. All plants in the buffer shall be bushes and trees of an approved species that will reach a mature height of
no less than 6'.
(1)a. Small shrubs will not be allowed unless coupled with a 6' privacy fence.
c.3. Buffer Yard approved vegetation list. Vegetation not on this list must be approved by the Community
Development Services Director, or designee:
(1)a. Japanese privet (Ligustrum japonicum)
(2)b. Azalea (Rhododendron spp.)
(3)c. Japanese cleyera (Cleyera japonica)
(4)d. Pampas grass (Cortaderia selloana)
(5)e. Silverthorn (Elaeagnus pungens)
(6)f. Cherry elaeagnus, Gumi (Elaeagnus multiflora)
(7)g. English holly (Ilex aquiifolium)
(8)h. Chinese holly (Ilex cornuta)
(9)i. Japanese holly (Ilex crenata)
(10)j. Yaupon holly (Ilex vomitoria)
(11)k. Oleander (Nerium oleander)
(12)l. Chinese juniper (Juniperus chinensis)
(13)m. Savin juniper (Juniperus sabina)
(14)n. Rocky mountain juniper (Juniperus scopulorum)
(15)o. Bottlebrush buckeye (Aesculus parviflora)
d.4. Bushes shall be planted sufficiently close so that at full maturity, there will be no visual space between the
bushes.
e.5. Walls and fences may be allowed provided they are constructed in such a manner as to create the intended
visual and audible barrier.
(1)a. No wall or fence may be constructed less than 6' in height.
(2)b. All fences and walls will require approval from the Building Department.
6.08.09 - Protected Trees
A. No person shall cut, remove or damage any protected tree in a manner which causes the tree to die within a
period of two years without first obtaining a Land Clearing and Protected Tree Removal permit, or without such
removal being approved as part of a development order that provided a landscape plan as required by 6.08.05.
A one (1) two (2) or three (3) family dwelling is exempt from the requirements of this section as provided for in
6.08.03 except that they must replant a tree listed on the Protected Tree List or Tree Replant List, with such
replacement tree measuring a minimum of 1.5 inches DBH.
B. Protected Tree List. The following types of species comprise the protected tree list (* denotes shade trees):
1. Species type A: Small, four-inch to seven-inch DBH
Formatted: List Paragraph
Formatted: Numbered + Level: 1 + Numbering Style:
A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:
0" + Indent at: 0.25"
Formatted: Numbered + Level: 2 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
0.25" + Indent at: 0.5"
Formatted: Numbered + Level: 3 + Numbering Style:
a, b, c, … + Start at: 1 + Alignment: Left + Aligned at:
0.5" + Indent at: 0.75"
Formatted: Numbered + Level: 2 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
0.25" + Indent at: 0.5"
Formatted: Numbered + Level: 3 + Numbering Style:
a, b, c, … + Start at: 1 + Alignment: Left + Aligned at:
0.5" + Indent at: 0.75"
Formatted: Numbered + Level: 2 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
0.25" + Indent at: 0.5"
Formatted: Numbered + Level: 3 + Numbering Style:
a, b, c, … + Start at: 1 + Alignment: Left + Aligned at:
0.5" + Indent at: 0.75"
~ 118 ~
a. Dogwood (Cornus florida)
b. Redbud (Ceris Canadensis)
c. Ashe's magnolia (Magnolia ashei)
2. Species type B: Medium, eight-inch to 13-inch DBH.
a. American holly (Ilex opaca)
b. Southern magnolia (Magnolia grandiflora)*
c. Eastern (or Southern) red cedar (Juniperus virginiana)*
3. Species type C: Large, 14-inch and larger DBH.
a. Live oak (Quercus virginiana)
b. Laurel oak (Quercus laurifolia)*
c. Sweet gum (Liquidambar styraciflua)*
d. Sycamore (Platanus occidentalis)*
e. Pecan (Carta illinoensis)*
f. Water oak (Quercus nigra)*
g. Red maple (Acer rubrum)*
C. Trees identified by a certified arborist as diseased or dead shall not be required to be replaced.
D. Every effort shall be made to save the trees on this list during any site development or clearing for any reason.
E. Allowances to the site development may be provided to encourage retaining protected trees. The Director of
Community Development Services, or designee, may review a plan submitted by the developer to determine
the extent of such allowances. Those may include such allowances as reduced parking requirements, reduced
landscape area requirements or other allowances.
F. Trees on this list must be preserved based at a ratio of one tree for each 3,600 square feet of impervious surface
area proposed by any site development.
G. Where protected trees cannot be kept or relocated, they must be replaced by a species listed in the Tree Replant
and Protected Trees list. Enough trees shall be planted to replace a minimum of fifty percent the diameter of
the removed protected tree. Multiple trees shall be used to reach fifty percent, but in no case shall any of these
replacement trees be less than 2" in diameter.
H. On sites proposed for development where no existing protected trees are identified, the developer shall be
required to plant one new tree from either the Protected Tree List or Tree Replant List per 3,600 square feet of
proposed impervious surface area. One third of trees planted, or fraction thereof shall each be of Species type
A, one third or fraction thereof shall be of Species type B, and one third or fraction thereof shall be of Species
type C, respectively. The size of each new tree shall be no less than 2" in diameter.
I. Tree Replant List. In addition to the three categories of trees identified in subsection 1(B), the following trees
may be planted to meet the minimum tree replanting requirements of subsection 5. Replanted tree must be of
the same species type as the tree removed. Trees not on this list may be used only if approved by the Community
Development Services director or designee. (* Denotes shade trees):
1. Species type A: Small.
a. Dahoon holly (Ilex cassine)*
b. Fringe tree (Chionanthus virginicus)
c. Red bay (Persea borbonia)*
d. Swamp bay (Persea palustris)*
e. Sassafras (Sassafras albidum)
f. Yaupon (Ilex vomitoria)
g. Wild olive (Osmanthus americanus)
h. Scrubby post oak (Quercus margaretta)
i. Southern crabapple (Malus angustifolia)
j. Eastern Hophornbeam (Ostrya virginiana)
k. Red buckeye (Aesculus pavia)
l. Pindo palm (Butia capitata)
m. Sago palm (Cycas revoluta)
2. Species type B: Medium.
a. Cherry laurel (Prunus caroliniana)*
b. Large-leafed magnolia (Magnolia macrophylla)*
~ 119 ~
c. American hornbeam (Carpinus caroliniana)
d. River birch (Betula nigra)*
e. Florida maple (Acer barbatum)*
f. Sweetbay (Magnolia virginiana)*
g. Ginko (Ginko biloba)*
h. Bradford pear (Pyrus calleryana "Bradford")
i. Ash (Fraxinus spp.)*
j. London planetree (Plantanus x acerfolia)*
k. Sabal (cabbage) palm (Sabal palmetto)
3. Species type C: Large.
a. Tulip tree (Liriodendron tulipifera)
b. Willow oak (Quercus phellos)
c. Black gum (Nyssa sylvatica)
d. Southern red oak (Quercus falcata)*
e. Shumard's red oak (Quercus shumardii)*
f. Hackberry (Celtis laevigata)*
g. White oak (Quercus alba)*
h. Bald cypress (Taxodium distichum)
i. Walnut (Juglans nigra)*
j. Chinese elm (Ulmus parvifolia)*
k. Hickory (Carya spp.)*
l. Yellow buckeye (Aesculus flava)*
m. Canary island date palm (Phoenix canariensis)
J. Prohibited tree list.
1. The following prohibited species may not be used to meet any landscape requirement:
a. Paper mulberry (Broussonetia papyrifera)
b. Australian pine (Casuarina equisetifolia)
c. Ear tree (Enterolobium cyclocarpum)
d. Punk tree (Melaleuca spp.)
e. Chinaberry (Melia azedarach)
f. Brazilian pepper (Schinus terebinthifolius)
g. Downy rosemyrtle (Rhodomytrus tomentosa)
h. Bishopwood (Bischofia javanica)
i. Chinese Tallow Tree or Popcorn Tree (Triadica sebifera)
~ 120 ~
CHAPTER 7
ACCESSORY, TEMPORARY, AND SPECIAL USE SITUATIONS
7.00.00 - INTENT
The purpose of this chapter is to provide standards for accessory, temporary, and special use situations within the
City of Crestview, in accordance with the City Code and Comprehensive plan. Any violation of this Chapter, including
a property owner’s unpermitted accessory structure, or non-compliant property use shall be punished as provided
for in section 1-11 of the City Code and Chapter 162, Florida Statutes.
7.01.00 - ACCESSORY STRUCTURES
7.01.01 - Generally
Any number of different accessory structures may be located on a parcel, provided that the following requirements
are met.
A. There shall be a permitted principal structure on the parcel, located in full compliance with all standards and
requirements of this chapter.
B. All accessory structures shall comply with standards pertaining to the principal use, unless exempted or
superseded elsewhere in this chapter.
C. Accessory structures shall not be located in a required buffer or landscape area.
D. Accessory structures shall be included in all calculations of impervious surface and storm water runoff.
E. Accessory structures shall be shown on any concept development plan with full supporting documentation.
F. No accessory structures used for industrial storage of hazardous, incendiary, noxious or pernicious materials
shall be located nearer than 100 feet from any property line.
7.01.02 - Accessory Buildings
Site Development standards for accessory buildings (storage buildings, utility buildings, sheds, greenhouses, etc.).
A. Accessory buildings in all zoning districts shall abide by the following requirements and standards:
1. In lLots within recorded subdivisions and non-platted lots with a depth less than 250 feet:
a. Accessory buildings shall only be placed in side and rear yards and shall be setback three (3) feet from
side and rear property lines.
b. Accessory buildings on lots facing multiple rights-of-way may be placed in any front yard not abutting
the face of the structure containing the front door, up to the required front setbacksecondary front
yard but shall be setback a minium three (3) feet from the adjoining front property line and shall not
impact visibility from any adjacent intersection or driveway. See figure 7.01.02.
b.(1) If placed in a secondary front yard that abuts a primary front yard on an adjacent
property, structure shall not be placed within any required front setback.
c. Accessory buildings closer than ten five (105) feet to the principle structure must meet the setbacks of
said principle structure.
2. In llots not within recorded subdivisions and lots with a lot depth of 250 feet or greater:
a. Accessory buildings shall be setback three (3) feet from side and rear property lines and shall not be
within any required front setback.
a.b. Accessory buildings on lots facing multiple rights-of-way may be placed in any secondary front yard
but shall be setback a minium three (3) feet from the adjoining front property line and shall not impact
visibility from any adjacent intersection or driveway.
(1) If placed in a secondary front yard that abuts a primary front yard on an adjacent property,
structure shall not be placed within any required front setback.
b.c. Accessory buildings closer than tenfive (105) feet to the principle structure must meet the setbacks of
said principle structure.
Formatted
Formatted
Formatted: List Paragraph
~ 121 ~
Figure 7.01.02. Allowed Accessory Building and Fence Location on Lots Facing Multiple Rights-Of-Way.
B. Storage buildings, storage sheds and detached garages in the C-1, C-2 and IN zoning districts that exceed 600
square feet of floor area must provide brick veneer, stone, stucco, or other similar decorative materials to the
façade on all sides of the building visible from the public right of way.
C. Carports in any zoning district are allowed according to the following requirements:
1. Carports are allowed in front yards but shall not encroach into any front setback and must remain under
twenty (20) feet in height.Carports shall be no taller than the primary structure on site, and no less than 8
feet in height.
2.1. Carports located in any front yard shall not be enclosed on any side and shall be setback at least three (3)
feet from any front property line.
3.2. Carports are allowed in side yards up to property line, regardless of distance to the main structure.
4.3. Eaves of carports shall not extend over any property line.
5.4. Carports shall be at least three (3) feet from any rear property line.
D. Screen rooms, enclosed patios, porch coverings, or any other similar structure are allowed in the R-1E, R-1, R-2,
R-3 and MU zones according to the following requirements:
1. Shall be at least 3 feet from any rear property line.
2. Shall not be placed within any front or side setback area.
7.01.03 - Fences
Site Development Standards for Fences, Hedges and Walls
A. Location of fences, perimeter hedges and walls.
1. Fences, perimeter hedges and retaining walls may be located on, at, or inside the property line. All fence
material must be located on, at or inside the property line, and shall not be located outside of the property
line.
2. A fence located on the property line may be shared by adjacent properties.
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3. Setback requirements applicable to principle buildings shall not prohibit or restrict the installation of a
retaining wall.
4. Fences, perimeter hedges, and walls shall not be located within the any required visibility triangle.
B. Materials and appearance requirements.
1. Fences and walls must be constructed of wood, masonry, stone, wrought iron, chain link, vinyl, welded wire,
or composite materials.
2. All fences shall be installed with the finished side facing outward, except for the following:
a. Where a fence cannot be constructed on the property line due to an existing fence on the adjacent
property line, the finished side may face inward.
b. When an applicant is not granted permission to access the adjacent property to install the fence, the
finished side may face inward.
3. A fence installed for security purposes in C-2 or IN zoning may include barbed wire or razor wire, provided
that such wire is at least six (6) feet off the ground.
C. Electrical fencing may be installed for security purposes and shall meet the following standards:
1. Electrical fencing may be installed on top of a fence in C-2 or IN zoning districts, provided that the electrical
fencing is a minimum of six (6) feet above the ground.
2. Electrical fencing may be installed in residential areas provided that such fencing shall be limited to side
and rear yards and shall be contained within a fence structure.
3. All electrical fencing shall be accompanied by signs to provide a warning of the type of fence and the voltage
of the fence. Warning signs shall be placed at each corner of the enclosed area; additional signs shall be
placed fifteen (15) feet apart along the entire fence. Warning signs shall not exceed four (4) square feet in
area each.
D. Height standards.
1. Fence and wall height shall be measured from the natural grade at the base of the fence to the topmost
part of the fence, including any decorations, barbed wire, or other fixtures.
2. The maximum height for a fence on a lot line on a property zoned R-1E, R-1, R-2, R-3 or MU and adjacent
to a property zoned C-1, C-2 or IN shall be eight (8) feet.
3. Fence may contain decorative columns spaced no less than six (6) feet apart that shall not exceed eight (8)
feet in height.
4. Height standards provided in Table 7.01.03.
Table 7.01.03 - Standards for Fence Heights
Zoning
District
Maximum Height in a Side or Rear
Yard (feet) Maximum Height in a Front Yard 10, 11
R-1E 8 4
R-1 8 4
R-2 8 4
R-3 8 4
MU 8 4
C-1 8 4
C-2 8 4
IN 8 6
P 8 6
E N/A N/A
10 Fences on lots facing multiple rights-of-way may be up to 8 feet in height in any secondary front yard not abutting the face of the structure
containing the front door, where the fence will not obstruct visibility from any intersection or adjacent driveway, as determined by the Planning
Administrator, or designee.
11 Fences that allow for at least 50 percent visibility through the material, including but not limited to chain link, wrought iron, or welded wire,
may be up to 8 feet in height.
Formatted: No Spacing
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7.01.04 - Swimming Pools
A. Location. Swimming pools shall be placed only in side and rear yards. There shall be at least six (6) feet between
a building and the water's edge of an outdoor swimming pool. There will also be at least six (6) feet between
any side or rear property line or building line and the water's edge of an outdoor swimming pool.
B. All pool enclosures (enclosure constructed of metal, wood, or similar type material for framing and consisting
of screen mesh or any similar material between framing members making up the roof and walls, and which
specifically covers a swimming pool or spa), shall have the same front setback as the principal structure and
shall be erected at least three (3) feet from the rear or side property line.
C. Pool Fencing.
1. See Florida Building Code for all design and construction requirements.
7.02.00 - SIGNS
7.02.01 - Generally
A. Purpose. It is the purpose of this section to provide comprehensive and balanced sign regulations that are
consistent with constitutional guarantees, promote business growth and retention, achieve clear and effective
communication in the City's environment, and to authorize signs which are:
1. Consistent with the objectives of the comprehensive plan;
2. Compatible with their surroundings;
3. Integrated and harmonious with the appearance of the community;
4. Legible under the circumstances in which they are seen; and
5. Safe for motorists, by preventing visual distraction and visual clutter.
B. In interpreting and applying the provisions of Section 7.02.00, the sign regulations are declared to authorize the
maximum allowable signage for the purposes set forth. Any sign authorized by Sec. 7.02.00 may display
noncommercial messages. Nothing in Section 7.02.00 shall be construed to regulate the content of the message
displayed on any sign.
C. No person shall move, erect, post, construct, paint, alter, or maintain a sign except in compliance with the
standards and requirements set forth in Section 7.02.00.
1. A building permit is required for any sign that is not exempt from the standards and provisions of Section
7.02.00. Application and review procedures for obtaining sign permits are set forth in Chapter 3.
2. The installation and maintenance of signs and sign structures shall comply with the Florida Building Code,
current edition and the NEC, current edition.
3. All signs shall be located to comply with the clear visibility requirements set forth in the Crestv iew
Engineering Standards Manual.
D. All signs shall be adequately maintained in a structurally sound and safe condition. At a minimum, the following
standards shall be met:
1. The area around the sign shall be clear of overgrown vegetation or other obstacles so as to make the sign
readily visible.
2. All damaged or deteriorated panels or structural components shall be replaced.
3. Any sign copy shall be maintained securely to the face, and all missing copy shall be replaced.
4. All defective, discolored, faded, broken, or torn parts shall be replaced or repaired.
5. A sign that becomes unsafe, dangerous, or a threat to public safety shall be replaced, repaired, or otherwise
made safe within the time limit set by the City.
7.02.02 - Exempt Signs
The following signs are exempt from the requirement to obtain a development permit.
A. Regulatory, statutory, traffic control, or directional signs erected on public property by or with permission of
the United States, the State of Florida, Okaloosa County or the City.
B. Legal notices and official instruments.
C. Signs incorporated into machinery or equipment by a manufacturer or distributor, which identify or advertise
only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending
machines, newspaper boxes, and gasoline pumps.
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D. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers.
E. Public warning signs to indicate the dangers of swimming, animals, or similar hazards.
F. Memorial signs or tablets, names of buildings, and dates of erection when cut into any masonry surface or when
constructed of bronze or other incombustible materials.
G. Signs carried by a person.
H. Provisionally Exempt Signs. Signs identified in this section may be placed without a permit, provided that such
signs comply with the standards set forth in Table 7.02.02.
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Table 7.02.02 - Standards for Provisionally Exempt Signs
Sign Type Standards
Entrance, exit, or other directional signs,
including parking identification signs.
• Maximum area of four (4) s.f.
• No individual letters, symbols, logos or designs in excess of eight (8) inches
measured vertically or horizontally
“No trespassing” or “no dumping” signs • Maximum area of four (4) s.f.
Home Occupation Nameplate in R-1E, R-1,
R-2, R-3, and MU zoning District
• Maximum area of one (1) s.f.
• Limited to one (1) per property
• Must be affixed to front wall of the dwelling unit containing the Home
Occupation
• Signs shall not be lighted
• May only contain name identifying the Home Occupation
Campaign Signs
• Maximum area of nine (9) s.f. and maximum height of six (6) feet in R-1, R-2,
R-3 and MU zoning districts
• Maximum area of thirty-two (32) s.f and maximum height of six (6) feet in C-
1, C-2, IN, P and CON zoning districts
• Limited to one sign per property
• Limited to the period of the campaign issue
• Must be removed within forty-eight (48) hours of the campaign issue being
decided
Real estate signs in R-1E, R-1, R-2, R-3, and
MU zoning districts
• One (1) sign per dwelling offered for sale or rent
• Located on property offered for sale or rent
• Maximum area of nine (9) s.f.
• Maximum height of six (6) feet.
• Allowed for the duration of contract to sell or until rental vacancy is filled
Real estate signs in C-1, C-2, IN, P, and E
zoning districts
• One (1) sign per street frontage
• Located on property offered for sale or lease
• Maximum area of thirty-two (32) s.f.
• Maximum height of six (6) feet.
• Allowed for the duration of contract to sell or lease
Construction signs, R-1E, R-1, R-2, R-3, and
MU zoning districts
• Located on a property where a valid building permit has been issued and has
not expired.
• Maximum area of thirty-two (32) s.f.
• Maximum height of eight (8) feet.
• Removed when the certificate of occupancy has been issued
Construction signs, C-1, C-2, IN, P, and E
zoning districts
• Located on a property where a valid building permit has been issued and has
not expired.
• Maximum area of all signs not to exceed thirty-two (32) s.f.
• Maximum height of eight (8) feet.
• Removed when the certificate of occupancy has been issued
Yard or garage sale signs
• Maximum area of four (4) s.f.
• Located on the property where a sale is being conducted.
• Limited to one sign per property
• Must be removed within forty-eight (48) hours of the conclusion of the sale
Automatic Teller Machine (ATM) signs
• Not more than one (1) wall sign
• Maximum area of four (4) s.f.
• Mounted not more than eight (8) feet above finished elevation of the ATM
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7.02.03 - Prohibited Signs
The following signs are prohibited:
A. Off-premises signs.
B. Portable signs.
C. Snipe signs on public right-of-way, including temporary signs stuck in the ground (sometimes also called bandit
signs), and signs attached to utility poles, trees, rocks, or other natural objects.
D. Any sign which constitutes a traffic hazard or a detriment to traffic safety by reason of its size, location,
movement, content, coloring, or method of illumination.
E. Signs or sign structures that interfere in any way with free use of any fire escape, emergency exit, or standpipe.
F. Signs that are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist, or
pedestrian using or entering a public way, or that are a hazard or a nuisance to occupants of any property
because of glare or other characteristics.
G. Abandoned signs.
H. Signs erected on or projecting over any public property or right-of-way, with the exception of signs erected by
public authority for public purposes.
I. Any other signs that are not specifically permitted or exempted as set forth in Sec. 7.02.00.
7.02.04 - Temporary Signs
Temporary signs shall comply with the following standards.
A. Temporary signs are permissible subject to receipt of a temporary sign permit specifying type, size, location,
and duration of placement. Temporary signs may be displayed for a period not exceeding fifteen (15) days.
B. Total permitted temporary sign area shall not exceed a size of sixteen (16) square feet.
C. Temporary signs shall not be placed in the public right-of-way.
D. Temporary signs shall not flash, blink, spin, or rotate.
E. Temporary signs include banners, flags, and pennants. The placement of temporary signs shall comply with the
clear visibility requirements set forth in The Crestview Engineering Standards manual. Such signs shall not block
traffic or pedestrian visibility or constitute a vehicular or pedestrian traffic hazard.
F. The placement of temporary signs shall not cause a public nuisance.
G. Permissible temporary signs shall be firmly secured to the ground or to a building according to the requirements
of the temporary permit. Temporary signs may be attached to or cover an existing permitted sign only for the
period during which the temporary sign is permitted.
7.02.05 - Permitted Permanent Accessory Signs
A. Permanent accessory signs to shall be permitted in C-1, C-2, IN zonings, and MU zoning where there is an active
business on site.
B. Sign types allowed. A permanent accessory sign may be a ground sign to include a thirty -two (32) square foot
reader board, or a building sign. Permanent accessory signs and reader board signs may be changeable copy or
automatic changeable facing signs; however, facing or copy shall not rotate or change so rapidly as to cause
distraction to a motorist.
C. Permissible number area, spacing and height of permanent accessory ground signs: Table 7.02.05.
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Table 7.02.05 - Requirements for Permanent Accessory Signs
Sign Type Maximum Number Maximum Sign Face
Area
Sign
Dimensions
Maximum
Sign Height Setback/Spacing
Wall
• Single Occupancy - 3
per façade
• Multiple Occupancy -
3 per façade per
tenant
• Single Occupancy-
20% of façade
• Multiple Occupancy-
15% of façade per
tenant
N/A
Not to
exceed
building
height of
roofline
N/A
Awning No Maximum N/A
75% of
Awning
Length
2 feet N/A
Projecting/
Perpendicular 1 per tenant 6 sq. ft. Width - 4
feet 3 feet N/A
Monument/
Ground12
1 per 500 linear feet of
street frontage
2 sq. ft. per linear foot
of street frontage to a
maximum of 240 sq.
ft.
No
required
dimensions
24 feet
• Property lines - 5
feet
• Other ground signs
- 10 feet
Interstate
Highway I-10
Corridor
Accessory
Sign10F
13
1 420 sq. ft. N/A
85 feet
above the
crown of
Interstate
Highway I-10
nearest the
sign
• Front Property Line
- 25 feet
• Side/Rear Property
Line - 50 feet
• Other permanent
ground sign on
same site - 100 feet
Billboard11F
14 1 310 sq. ft. Width - 38
feet 30 feet
• Property lines - 10
feet
• Other billboard on
same side of
thoroughfare -
1,500 feet
Interstate
Highway I-10
Corridor
Billboard.13,
14
12F
15,
13F
16
1 672 sq. ft. Width - 48
feet
50 feet
above crown
of Interstate
Highway I-10
nearest the
sign
• Interstate I-10 Right
of Way - 20 feet
• Other property lines
- 50 feet
• Other billboard on
same side of
thoroughfare -
1,500 feet
12 Signs for businesses addressed on Highway 85 and Highway 90 may be up to 30 feet in height, with a maximum sign face area of 360 sq. ft.
13 The Interstate I-10 Corridor is defined as 1,000 feet from the Interstate Highway I-10 right-of-way
14 Billboards of any kind are only allowed in the Commercial (C-1, C-2) and Industrial (IN) zoning districts
15 The Interstate I-10 Corridor is defined as 1,000 feet from the Interstate Highway I-10 right-of-way
16 Billboards of any kind are only allowed in the Commercial (C-1, C-2) and Industrial (IN) zoning districts
Formatted: Font: 8 pt
Formatted: Font: 8 pt
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7.02.06 - Directional Signs
A. Directional signs giving directions to motorists regarding the location of parking areas and access drives shall be
permitted as permanent accessory signs on all parcels and shall not be counted as part of an occupancy's
allowable sign area.
B. Directional signs located on parcels with single user drives and parking, shall be limited to ten square feet.
C. Directional signs located on parcels with shared access drives and interconnected parking, shall be limited to 20
square feet.
7.02.07 - Signs at Entrances to Residential Developments, Farms and Ranches
A. Generally. Permanent accessory signs may be displayed at the entrance to residential developments, farms and
ranches.
B. Restrictions.
1. Signs at the entrances of residential subdivisions shall be placed on lots designated as common area and
dedicated to the Homeowner's Association as per the Final Plat.
2. Signs are permitted at each entrance into the development, farm or ranch from each abutting street. The
sign may be a single sign with two faces of equal size or may be two single-faced structures of equal size
located on each side of the entrance. No face of the sign shall exceed 32 square feet in size and may be
illuminated in a steady light only.
3. When considering the placement of such signs, the Community Development Services department shall
consider the location of public utilities, sidewalks and future street widening.
4. The Community Development Services department shall ensure that such signs shall be maintained
perpetually by the developer, the owner of the sign, a pertinent owners' association, or some other person
who is legally accountable under a maintenance arrangement approved by the department. If no
accountable person accepts legal responsibility to maintain the signs and no other provision has been made
for the maintenance of them, the signs shall be removed by the developer or owner.
7.02.08 - Utility Signs
Public utility signs that identify the location of underground utility lines and facilities, high-voltage lines and facilities,
and other utility facilities and appurtenances are permitted so long as they do not exceed three feet in height, and
so long as the sign face does not exceed one-half square foot.
7.03.00 - ACCESSORY DWELLINGS
7.03.01 - Detached Accessory Dwellings in Residential Zoning Districts
A. Purpose.
1. The Purpose of this section is to ensure a wide variety of housing choices to city residents and allow
opportunities for extended family living.
2. This section provides for detached accessory dwellings, also called accessory apartments, guesthouses,
mother-in-law suites, or similar low intensity second housing unit.
3. The intent of this section is to ensure that the establishment of a detached accessory dwelling in a
residential zoning district maintains compatibility of the area by minimizing or avoiding potential negative
impacts from a secondary dwelling unit.
B. Applicability. Accessory dwelling units are permissible in R-1E, R-1, R-2, R-3 and MU when established in
compliance with the standards set forth in this section.
C. No more than one (1) accessory dwelling shall be established on any lot, parcel or tract of land.
D. Standards for a detached accessory dwelling.
1. A detached accessory dwelling shall not be allowed on a property where the principle structure is a mobile
home, trailer, or of any construction that is not a site-built structure.
2. A detached accessory dwelling shall be held to and reviewed against all applicable building codes, fire codes,
and life safety codes required for any new construction dwelling unit.
3. Any detached accessory dwelling shall comply with all site development standards for principle dwelling
structures required by the zoning district, with the following exceptions:
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a. Detached accessory dwellings may be placed according to the standards for Accessory Buildings in
section 7.01.02.
b. Detached accessory dwellings may be less than 20 feet in width.
4. Design standards, roof style and materials, and architectural style of the detached accessory dwelling shall
be consistent with the principle dwelling and be built in accordance with the Florida Building Code,
Residential.
5. One (1) additional parking space shall be provided. Where on-street parking is established for the
neighborhood, on-street parking may be counted to meet this requirement.
6. A detached accessory dwelling shall not exceed 900 square feet or forty (40) percent of the total living area
of the principle dwelling on the site, whichever is greater.
7. The existence of a detached accessory dwelling shall not be construed to allow for additional accessory
structures on any lot, parcel, or tract of land beyond the number and type of accessory structures
permissible with the principle dwelling.
8. There shall be no additional signage to identify the detached accessory dwelling, other than the signage
permissible for the principle dwelling.
9. There shall be no additional mailbox, exterior utility equipment, or other evidence of a detached accessory
dwelling unit. A detached accessory dwelling unit shall not have separate metered utility service, except as
otherwise provided in the Florida Building Code, Current Edition.
7.03.02 - Detached Caretaker/Security Dwellings (Accessory Dwellings) in Specified Nonresidential Zoning Districts
A. Purpose. The purpose of this section is to provide for a detached dwelling unit as an accessory to commercial
and industrial uses where such dwelling provides for security and caretaking of the principle use.
B. Applicability. One (1) caretaker dwelling shall be permissible as an accessory structure in the C-1, C-2, and IN
zoning districts.
C. Standards.
1. There shall be no more than one (1) detached caretaker dwelling unit per lot or business establishment,
whichever is more restrictive.
2. The caretaker dwelling shall be provided by the manager, owner or caretaker of the principle use.
3. The detached caretaker dwelling shall only be located within a side or rear yard.
4. The detached caretaker dwelling shall not exceed 900 square feet.
5. The detached caretaker dwelling shall be included in calculations of maximum impervious surface coverage
for the site.
6. The detached caretaker dwelling shall not be located in any required buffer, landscaped area, easement, or
stormwater management area.
7. Two (2) parking spaces shall be provided, which may be shared with parking for the principle use.
8. The caretaker dwelling shall comply with the setback and height standards applicable to the principle
building.
7.04.00 - HOME OCCUPATIONS
Home occupations may be permitted as an accessory use in a lawfully established dwelling unit located in the R-1E,
R-1, R-2, R-3, and MU zoning districts. The standards for home occupations are intended to ensure compatibility
with other permitted use and with the residential character of the neighborhood.
A. The following and similar scope of uses shall be considered home occupations:
1. An office, such as for professionals and general business.
2. Instruction for teaching, such as, but not limited to, academic tutoring, performing arts, or fine arts,
provided that no more than two (2) students are instructed at any one (1) time.
3. Administrative or clerical support service, such as transcription, court reporting, stenography, notary public,
or word processing, data entry or addressing services.
4. Authors, composers, or creators of intellectual property.
5. Telephone answering services.
6. Beauty salons, barber shops, nail technicians, or similar personal service, limited to one (1) chair or station.
~ 130 ~
7. Similar uses: An interpretation that a use is similar shall be based on the activities and low level of impact
normally associated with the proposed use and similarity of those activities and impacts with those of a
listed use.
B. The following uses are specifically prohibited as home occupations:
1. Appliance and motor repairs (small or large).
2. Automotive, vehicle, or watercraft repairs.
3. Florist.
4. Veterinary clinic.
5. Medical office accompanied by patient foot traffic for a doctor, dentist, or other medical practitioner.
6. Repair of radios, televisions, computers, CD or DVD players, or other similar equipment.
7. Any occupation involving hazardous materials.
8. Restaurants.
9. Any other occupation that does not meet the standards set in 7.04.00.
C. All home occupations shall comply with the following standards:
1. A home occupation shall be required to have a City Business Tax Receipt (BTR). There shall be one (1) BTR
for each business conducted in the dwelling.
2. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use
for residential purposes and shall not change the residential character of the structure.
3. Not more than twenty-five (25) percent of the habitable floor area of the dwelling unit shall be used in the
conduct of the home occupation in R-1E, R-1, R-2, or R-3. MU may have up to thirty-five (35) percent of the
habitable floor area of the dwelling unit for the home occupation.
4. 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 signs pertaining to the home occupation.
However, one (1) unlighted nameplate, not more than one (1) square foot in area, may be attached to the
front wall of the dwelling unit identifying the name of the business which constitutes the home occupation.
5. No home occupation shall be conducted in any accessory building, except for the permissible parking of
vehicles in a garage or carport.
6. No open storage of equipment shall be permitted except that which is of a quantity and configuration
normally used for purely domestic purposes.
7. The homes occupation shall not generate noise, vibration, glare, fumes, odors, or electrical interference to
adjacent properties.
8. Up to two (2) passenger vehicles, which may be commercially marked, are permissible in association with
the home occupation. All permissible vehicles shall be parked within a lawful garage, lawful carport, or on
the driveway. However, vehicles with a primary purpose of commercial use are prohibited; such vehicles
include well-drilling trucks, tow-trucks, cement mixers, semi-trailers, tractors, refrigerated trucks or vans,
graders, or other earth moving equipment. Lawn equipment trailers and similar vehicles are permissible
provided that they are screened from public view and limited to one (1) per dwelling. Taxi cabs may be
permissible, provided that all such vehicles can be parked within a garage, or carport, or on the driveway.
9. No traffic shall be generated by such home occupation in greater volumes than would normally be expected
in a residential neighborhood. The basis for evaluating traffic generated shall be data available from the
Institute of Transportation Engineers.
10. Any need for parking generated by the conduct of such home occupation shall be met by the parking areas
serving the residential use, such as the driveway, garage, or carport. No vehicle shall block access to the
driveway, pedestrian movement on a sidewalk, or be parked in public right-of-way.
7.05.00 - SUPPLEMENTAL STANDARDS FOR SPECIAL EXCEPTION USES
7.05.01 - Generally
A. Special exception uses are specific uses allowed in specific zoning districts, with certain supplemental standards
required of each special exception use, as described in this section.
B. Uses referenced here from Table 4.06.00 - Permissible Uses in Each Zoning District are specifically not allowed
in the Downtown Overlay District.
C. The following supplemental standards are adopted alongside each special exception use.
~ 131 ~
7.05.02 - Pharmaceutical Sales
A. Stores manufacturing selling, leasing or renting pharmaceutical equipment, supplies and consumables, including
prescription and non-prescription medicines and holistic medicine supplies, and Medical Marijuana Treatment
Centers licensed by the State of Florida, provided the following requirements are met:
1. Minimum Lot Size Requirements. The minimum required lot size is 32,670 square feet.
2. Building Size Requirements
a. Floor Area. The minimum building size is 2,500 square feet floor area. See Chapter 2 for definitions.
b. Floor Area Ratio. The maximum building size is limited by a floor area ratio of 0.10. The "floor area
ratio" of the building on any lot is the floor area of the building on that lot divided by the area of such
lot.
3. Minimum Yard Requirements. The minimum required front, side and rear yards shall meet the
requirements of the C-2 zoning district.
4. Minimum Off-Street Parking and Loading Requirements; Location. The parking and loading requirements
shall be as follows:
a. One space for each 150 square feet of floor area of the retail and office space, plus one space per
employee on the largest staffed shift. When calculation of the number of required parking spaces
results in a fractional number, a fraction of less than one-half shall be disregarded and a fraction of
one-half or more shall be rounded to the next highest whole number. Employee parking shall be
designated by permanent signage.
b. Provisions for off-street loading and number of required berths shall be made in accordance with
Chapter 8 of this code. On-street loading or unloading is prohibited. Loading areas shall not obstruct
pedestrian pathways.
c. Parking spaces shall meet the minimum size set forth in Chapter 8.
d. All driveways, access aisles and parking spaces shall be surfaced in paver bricks, concrete or asphalt.
Wheel stops are required for each parking space.
e. Parking and loading spaces are prohibited in landscape buffers, easement areas, and right of way areas.
f. The provision of parking spaces and passenger loading areas for persons who have disabilities is
governed by Chapter 553, Florida Statutes.
g. All required parking shall be provided on the same lot or project as the principal use. The location of
required parking spaces shall not interfere with normal traffic flow or with the operation of queuing
and backup areas. A minimum queuing distance of 25 feet is required between the property line and
the first parking space.
h. Off-site parking shall not be used to determine compliance with minimum parking spaces set forth in
this section.
i. A minimum of ten percent of the required parking spaces shall be located at the side or rear of each
building it is intended to serve. A public pedestrian walk shall connect all parking areas to a facility
entrance. Such pedestrian access way shall be a minimum of four feet in width, clearly marked, well lit,
and unobstructed.
5. Number of Structures. Only one structure may be located on the parcel.
6. Landscaping and Buffering. Chapter 6 of this code applies to the uses authorized as special exceptions.
7. Site and Development Plan Review. Site and development plan review shall be required.
8. Outdoor Refuse Collection and Storage Areas. No outdoor refuse collection or storage area shall be located
in a street yard, and all such areas shall maintain a minimum setback of ten feet from any lot line and shall
be enclosed and on a paved or concrete surface.
9. This use is not allowed in the Downtown Overlay District.
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7.05.03 - Recreational Camps
A. Recreational camps are allowed by special exception in the MU, C-1, C-2 and E districts in accordance with the
following standards.
B. For purposes of this subsection, "Recreational camp" or "Recreational camps" means one or more buildings or
structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto,
established, operated, or used as living quarters for one or more resident or transient members of the public
and designed and operated for recreational or other non-profit purposes.
C. The minimum lot area within the MU, C-1, C-2 or E districts shall be 40 acres.
D. Recreational camps in the E districts may only be allowed in accordance with an approved management plan.
The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the
appropriate fields of study and conducted according to professionally accepted standards. At a minimum, the
management plan includes the following:
1. Description of goals and objectives based on type of natural resources to be managed;
2. Description of all proposed uses, including existing and any proposed physical and access improvements;
3. Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in
protected habitat areas;
4. Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural
resources to be protected. This may include:
a. Removal or control of invasive vegetation and debris;
b. Replanting with native vegetation as necessary;
c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into
sensitive foraging, breeding, roosting, and nesting areas;
d. Fencing or other institutional controls to minimize impact of human activities on wildlife and
vegetation, such as predation by pets;
e. Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive
manner to restore or maintain habitat;
f. Cooperative efforts and agreements to help promote or conduct certain management activities, such
as cleanups, maintenance, public education, observation, monitoring, and reporting;
g. Any additional measures determined to be necessary to protect and maintain the functions and values
of conservation areas in conjunction with wildfire mitigation;
h. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific
implementation activities to be performed as part of the management plan, and identification of means
by which funding will be provided;
i. Performance standards with criteria for assessing goals and objectives;
j. Five-year monitoring plan with schedule and responsibility;
k. Ownership and party responsible for management activities;
l. Provision for changes to be reviewed and approved by the City; and
m. Contingency plans for corrective measures or change if goals not met, and recognition of City
enforcement authority.
5. The maximum density of cabins, lodges and/or tent campsites shall not exceed one per five acres. Density
shall be calculated as gross density and include all land area exclusive of major water bodies starting at the
high water mark.
6. Cabins or lodges shall comply with the Florida Building Code and must contain a minimum of 250 square
feet of floor space up to a maximum of 2,500 square feet of floor space, with a maximum occupancy of 10
per cabin or lodge. Use of mobile homes or recreational vehicles for lodging is prohibited.
7. A single permanent residence is allowed.
8. All structures, cabins and tent sites shall be setback a minimum of 200 feet from the property line.
9. Vehicular access shall be from a paved public roadway.
10. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health
Department shall be provided as part of any application for a recreational camp.
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11. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal
water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered,
approved and tested by the Department of Health as a limited use public water system.
12. Recreational camps for five or more members of the public as defined in Section 513.01, Florida Statutes,
are subject to the provisions of Chapter 513, Florida Statutes and shall not be permitted as a special
exception unless the Department of Business and Professional Regulation has issued a permit for such
activity and such permit remains valid and current at all times and such property meets every provision of
this section not in conflict with the requirements of Chapter 513, Florida Statutes.
13. Any violation of this section, including a property owner's operating or allowing unpermitted recreational
camps shall be punished as provided for in section 1-11 of the City Code and each day that such condition
continues is regarded as a new and separate offense.
7.05.04 - Recreational Vehicle Parks
A. Recreational vehicle parks ("RV Parks") are allowed by special exception in the MU, C-1 and C-2 zoning districts
in accordance with the following standards.
B. Definitions.
1. "RV Park" or "RV Parks", for purposes of this subsection, means one or more buildings or structures, tents,
trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established,
operated, or used as living quarters for one or more resident or transient members of the public and
designed and operated for profit.
2. "Unit" or "Units" means one trailer or one vehicle used as living quarters for one or more resident or
transient members of the public.
3. "Tent" or "Tents" means a portable shelter of cloth or other material, whether designed for camping or
fabricated for some other purpose, used for storage or as living quarters for one or more resident or
transient members of the public.
C. Minimum lot size and density. The minimum lot size and density for RV Parks shall be as follows:
1. If the parcel is accessed directly from a multi-lane or arterial road as defined in the City of Crestview
Comprehensive Plan, the minimum lot size shall be 2.5 acres and the maximum allowable density shall be
18 units per acre, with a maximum of one tent per 25 units.
2. If the parcel is accessed directly from a collector road as defined in the City of Crestview Comprehensive
Plan, the minimum lot size shall be 5 acres and the allowable density shall be 9 units per acre, and a
maximum of one tent per 25 units.
3. If the parcel is accessed from any road which is not an arterial or collector road as defined in the City of
Crestview Comprehensive Plan, the minimum lot size shall be 15 acres and the allowable density shall be 6
units per acre, and a maximum of one tent per 25 units.
4. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting
at the high water mark.
5. For cabins or other permanent structures, the density, setback and other requirements of the zoning district
in which the property is located shall apply.
6. A single permanent residence is allowed.
7. Cabins and other structures shall comply with the Florida Building Code and must contain a minimum of
250 square feet of floor space per occupant with a maximum capacity of 10.
8. Use of mobile homes for lodging is prohibited, except that one mobile home may be located onsite for an
office, resident manager or security watchman if a permanent residence is not located on the property.
D. Vehicular access shall be from a paved public roadway.
E. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health
Department shall be provided as part of any application for a recreational camp.
F. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water
supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved
and tested by the Department of Health as a limited use public water system.
G. Any violation of this section, including a property owner's operating or allowing unpermitted recreational camps
shall be punished as provided for in section 1-11 of the City Code and each day that such condition continues is
regarded as a new and separate offense.
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7.05.05 - Telecommunications Antennae and Towers
Each applicant requesting a building permit for the location of communication towers and antennas shall meet the
following at the time of application.
A. Federal approvals. All communication towers must meet or exceed current standards and regulations of the
Federal Aviation Administration (FAA), Federal Communication Commission (FCC), and any other agency of the
Federal government with the authority to regulate communication towers and antennas. The applicant shall
submit copies of all FAA, FCC, Eglin Air Force Base, Hurlburt Field, Okaloosa Regional Airport and FDOT approvals,
whichever is/are applicable.
B. Design. The applicant shall submit the communication tower design plans which shall be designed by an
engineer licensed in the State of Florida in accordance with the building code requirements of the City. The
design shall show the access that is provided for inspections. Communication towers shall either maintain a
galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to
reduce visual obtrusiveness. Dish antennas will be of a neutral, non-reflective color with no logos.
C. Safety fall zone. Applicants shall submit a report by an engineer licensed in the State of Florida of the safety fall
zone of the specified communication tower. The safety fall zone shall be measured from the base of the
communication tower to any property line. Communication towers shall be designed to collapse within the lot
lines in case of structural failure.
D. Co-location.
1. The applicant shall submit a certification from an engineer licensed in the State of Florida that the
communications tower has been designed to accommodate co-location. If the communication tower
cannot accommodate co-location, then the engineer should certify the reason(s) it cannot accommodate
additional antennas.
2. The applicant shall submit a plan for co-location, providing for at least three (3) other providers, with local
government needs considered. If co-location is not possible, the applicant shall provide evidence as to the
reason(s) it is not possible to meet this requirement.
3. The applicant shall commit to ensuring that each antenna owner will comply with Federal, State, and local
regulations.
4. Each antenna owner shall have an approved building permit prior to erecting the antenna on the
communication tower. The applicant shall show that the antenna will not extend more than ten (10) feet
horizontally beyond the vertical plane of the edge of the communications tower and will not project above
the existing communication tower structure's approved height.
E. Setback. The applicant shall submit a site plan showing a minimum of one-half (½) the tower height plus fifty
(50) feet between the base of the communication tower and any residential property line, otherwise a distance
equal to the safety fall zone between the base of the communication tower and any nonresidential property.
F. Buffer. The applicant shall submit a plan showing:
1. An eight (8)-foot high fence or wall, with access by a locked gate only, around the base of the
communication tower or the property as required by the FCC. The fence or wall shall be equipped with an
appropriate anti-climbing device.
2. A minimum of a five (5)-foot landscaping buffer, consistent with the requirements of Section 4.08.05
installed around the entire perimeter of the fence or wall. Additional landscaping may be required if
deemed necessary to provide a buffer between the communication tower and adjacent residentially zoned
properties. This requirement may be waived by the Development Administrator if the base of the
communication tower is a minimum of 500 feet from all property lines.
G. Signage. The applicant shall submit a sign plan showing:
1. That no portion of the communication tower will be used for advertising purposes, including a company's
name;
2. That the party responsible for the operation and maintenance of the facility, its address, and telephone
number is provided; and
3. That all security or safety signs required by Federal, State, or local regulations are provided.
H. Lighting. The applicant shall submit a plan that shows the signals, lights, or illumination provided and the
Federal, State, or local rule, regulation, or requirement.
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I. Maintenance and inspections. The applicant shall submit a plan for inspections and maintenance of the
communication tower so that it remains in good condition, order, and repair and that the same shall not menace
or endanger the life or property of any person.
1. The City may require FCC inspection reports and/or that the communication tower be inspected if there is
reason to believe that the structural or electrical integrity of the communication tower is jeopardized. All
certifications and inspections required herein shall be made by and at the sole cost of the provider, and
certified and submitted to the City.
2. The City and its agents shall have the authority to enter onto the property upon which a communications
tower is located, upon reasonable notice to the owner, to inspect the communications tower for purposes
of determining whether it complies with all applicable laws and regulations. All expenses relating to such
inspections by the City shall be borne by the owner.
J. Abandonment. The owner shall submit a plan for abandonment of the communication tower which shall include
a copy of the notice to the FCC of intent to cease operations for each user of the communication tower and a
plan to remove the communication tower within a minimum of 180 days after abandonment. Any
communication tower or antenna that is not operated for a continuous period of twenty-four (24) months shall
be considered abandoned, and the owner of each such communication tower or antenna shall remove same
within 180 days of receipt of notice from the City notifying the owner of such removal requirement. Removal
includes the removal of the tower, all tower and fence footers, underground cables, and support buildings. If
there are two (2) or more users of a single communication tower, then this provision shall not become effective
until all users cease using the communication tower.
7.05.06 - Manufactured Home Communities
A. Manufactured Home Communities are allowed by special exception in the MU zoning district, in accordance
with the following standards.
B. Mobile homes, manufactured homes, or modular homes may be located within a manufactured home
community. Such homes are not required to comply with the standards set forth in Section 6.01.02. The
following standards apply to homes in manufactured home communities:
1. In all cases, the Florida Building Code, Residential shall be complied with.
2. The minimum width of each building shall be sixteen (16) feet.
3. The minimum roof pitch shall be 3:12.
4. The minimum roof overhang shall be twelve (12) inches.
5. For dwellings elevated forty-eight (48) inches or less, the area beneath the home shall be enclosed by brick,
concrete, wood, rock, vinyl or other material specifically manufactured for this purpose and shall enclose
the space between the floor joists and the ground level, except for the required minimum ventilation and
access. Such access shall remain closed when not being used for that purpose.
6. All tongues, wheels, axles, transporting lights and other towing apparatus shall be removed from the site
prior to occupancy.
7. No home manufactured prior to June 15, 1976 shall be permitted.
8. At each exterior door, there shall be a landing that is in accordance with the Florida Building Code,
Residential.
C. Each manufactured home community shall be limited to rental of lots or spaces. Where lots or spaces are
intended to be sold, the subdivision standards set forth in Section 6.07.00 shall be met.
D. The maximum parcel size shall be five (5) acres.
E. The following setbacks shall be provided on the perimeter of the manufactured home community parcel:
1. The front yard setback shall be a minimum of thirty-five (35) feet.
2. The side yard setback shall be a minimum of twenty (20) feet.
3. The rear yard setback shall be a minimum of twenty-five (25) feet.
F. The impervious surface coverage standard shall be calculated for the manufactured community parcel as a
whole.
G. Perimeter landscaping shall be provided as set forth in Section 6.08.06.
H. Individual lots or spaces for manufactured homes within a manufactured home community shall meet the
following standards:
1. Each lot or space shall be clearly defined.
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2. Each lot or space shall provide a individual utility connections.
3. The minimum lot or space area shall be 4,000 s.f.
4. The minimum lot or space width shall be forty (40) feet.
5. Lots or spaces shall be located to provide a minimum of thirty (30) feet between adjacent manufactured
home units and between a manufactured home unit and any other building within the manufactured home
community. The separation shall be measured at the outermost point of each building.
I. Each individual manufactured home lot or space shall include a driveway with at least two (2) parking spaces,
designed and built in compliance with the Crestview Engineering Standards Manual.
J. A manufactured home community may include one (1) building which may include administrative offices, social
hall/community meeting space, self-service laundry, and equipment storage. Parking shall be provided for the
building according to the standards set forth in Chapter 8.
K. The entrance drive and internal streets shall be paved in compliance with the standards set forth in the
Crestview Engineering Standards Manual.
L. If any home in a manufactured home community is proposed to be replaced, the replacement home must be
compliant with all requirements of this section, including all building requirements, separation requirements
and parking requirements.
7.05.07 – Food Truck Sites
A. Sites designated to maintain one or more stationary food truck spaces, which may or may not also include other
site development features, such as parking, seating, or any other accessory and amenity structures are allowed
with the following restrictions and/or requirements:
1. Zoning. Food Truck Site developments are permitted in MU, C-1, C-2 and IN zoning districts.
2. General site development requirements shall be the same as what is required for the underlying zoning
district, with the following exceptions:
a. Food truck spaces and any additional structures shall be setback a minimum three feet from any side
or rear property line when the development site is not within the Downtown Overlay District, or
otherwise be setback the distance of any required landscape buffers.
b. Food truck spaces, and any additional structures shall be placed at least 5 feet from any other space or
structure.
3. Drive-thru service is prohibited.
4. Minimum Parking Requirements; Location. The parking and loading requirements shall be as follows:
a. Two parking spaces required for each food truck space, except:
(1) If the development site is inside the Downtown Overlay District or On-Street Parking District.
(2) If the development site is within 250 feet of the Downtown Overlay District or On -Street Parking
District.
(3) The applicant may provide a shared parking agreement from adjacent developments, where such
shared parking does not impact the adjacent development’s ability to meet their parking
requirement.
b. The provision of parking spaces and passenger loading areas for persons who have disabilities is
governed by Chapter 553, Florida Statutes.
c. Bicycle and pedestrian ways are required, to the standards of Section 8.05.00 of this code.
5. Landscaping and Buffering. A landscaping plan is required to the following standards for landscaping and
buffering, which supersede the general landscaping requirements in Chapter 6:
a. At least 50% of a given site area must remain open greenspace. A variety of trees, shrubs, bushes or
other vegetation must be placed in greenspace areas.
b. When development abuts a property containing a one-, two- or three-family dwelling, a minimum
required landscaped buffer of seven and one-half (7.5’) shall be required. A greater sized buffer may
be required by staff if deemed necessary to protect adjacent property from noise, lights, or other
nuisance factors.
6. Alcohol controls. If alcohol is to be sold on-site, controls are required as per the applicable state regulatory
agency. The type, design, and appearance requirements of any required controls will be determined during
the site plan review process.
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7. Utilities. A utility plan showing proposed location and design for water and sewer services, as well as
location of any required grease traps shall be provided for each site.
8. Outdoor Refuse Collection and Storage Areas. No outdoor refuse collection or storage area shall be located
in a front setback area, and all such areas shall maintain a minimum setback of three feet from any lot line
and shall be enclosed and on a paved or concrete surface.
9. Food trucks housed on approved food truck sites are required to have a City BTR but are not required any
other City permits.
10. Any noise-generating activity present on the food truck site is subject to the noise regulations in Sec. 30-1
of the Code of Ordinances.
11. Restrooms. Restrooms are required as part of a food truck site, except when public restroom facilities are
available within 250 feet of the development site.
12. Site and Development Plan Review.
a. For new developments on vacant or unimproved property, a development order is required as per the
procedures set in Chapter 3 of this code.
b. For modifying existing site developments to add the food truck site use, or add food truck spaces, an
administrative permit is required as per the procedures set in Chapter 3 of this code to determine
compliance with the requirements of this section.
(1) Proposed food truck sites on existing developed sites shall not cause any additional impact to city
services (water, sewer, stormwater, etc.) outside of the impacts approved for the original
development order issued.
(2) Proposed food truck sites on existing developed sites shall not cause the site to become non-
compliant with the site requirements of the original development order issued (parking count,
traffic flows, pedestrian ways, etc.).
7.05.08 – Townhouses
A. A townhouse is a multi-story single-family dwelling unit attached horizontally to at least one (1) dwelling unit,
in a building containing at least three (3) units by a common wall that meets the appropriate standards of the
Florida Building Code and any applicable fire codes.
B. Townhouse buildings shall sit across multiple lots, with each aforementioned common wall sitting on top of and
parallel to the side property lines. Setback requirements shall apply as per the zoning district as the townhouse
building relates to the outermost property line for a given project.
C. Townhouses and townhouse developments are allowed in the R-3 and MU zoning districts.
D. Requirements for townhouse developments
1. The minimum lot area for an individual townhouse unit is 700 s.f.
2. The minimum lot width for all individual townhouse units is twenty (20) feet.
3. Townhouse buildings shall be separated a minimum distance of ten (10) feet.
4. A six (6) foot tall fence shall be provided where a townhouse development abuts a property currently used
for single-family or duplex development. The finished side of the fence shall face outward. No fence is
required where an alley separates the townhouse development from the single-family or duplex
development. Each portion of the fence shall be the property of the owner of the townhouse lot on which
it is located; such owner is responsible for maintenance of that portion of the fence.
5. There shall be a maximum of ten (10) individual townhouse units within one (1) structure.
7.05.09 – Commercial Pad Sites
A. A pad site is an out-parcel that is part of, or located within, a larger commercial development.
B. Pad sites are permitted in the MU, C-1 , C-2 and IN zoning districts.
C. Buildings located on pad sites must only meet the setback requirements of the outermost perimeter lot lines
for the overall development.
D. Pad site interior lot lines are exempt from landscape buffer requirements.
E. Pad sites are exempt from the minimum lot area and lot width requirements of the applicable zoning district,
provided the overall development meets these requirements.
F. Pad sites may share parking with the overall development.
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G. Impervious surface and floor area ratio calculations for pad sites will be calculated as part of the overall
development.
7.05.10 – Commercial Condominium
E. A commercial condominium is a commercial development with accompanying condominium documents
prepared to the standards of Florida Statutes Chapter 718.
F. Commercial condominums are permitted in the MU, C-1, C-2 and IN zoning districts.
G. Commercial condomium developments must meet all pertinent requirements of this code that are not
otherwise exempted in this section.
H. Surveys, declarations and other pertinent documents relating to commercial condominiums shall be reviewed,
approved and recorded prior to issuance of a development order.
I. Commercial condominium survey must list all applicable setbacks not otherwise excempted by this section.
J. Individual lots parcels within commercial condominium developments that are proposed to contain any
principle buildings, units or structures, shall not encroach into the minimum setback required per the zoning
district, measured from the outermost property lines of the initial parent parcel.
K. Individual lots within commercial condominium developments that are proposed to contain any principle
buildings, units, or structures are excempt from minimum setbacks and landscape buffers measured from any
interior lot lines.
L. Lots within commercial condominium developments are excempt from the minimum lot area and lot width
requirements of the applicable zoning district, provided the initial parent parcel meets those requirements.
M. Individual lots within a commercial condominium shall share parking areas, loading areas and access aisles, and
such provisions shall be included on the survey, in the declaration, or in the other associated documents.
7.06.00 - TEMPORARY USES
7.06.01 - Temporary Vendors
A. Applicability. Itinerant Temporary vendors conducting retail sales or displays are permissible as a temporary use
in the MU, C-1, C-2 and IN zoning districts, in accordance with the standards of this section.
B. Unless otherwise specified, temporary uses subject to this section shall not exceed fifteen (15) days in any one
(1) month.
C. Temporary vending permits expire one (1) year after approval.
D. A temporary vending permit shall be required for any temporary vendor operating within the City limits of
Crestview.
E. Applicants must also provide the following along with their application for the temporary vending permit:
1. Copies of all applicable state licenses.
2. Written permission from the property owner and the business owner of the site on which temporary
vending is proposed.
3. A site plan indicating the following:
a. The location of all existing and proposed structures on-site.
b. The structural dimensions and locations in relation to property lines,
c. The zoning district setback lines,
d. Locations of any temporary sanitary facilities (portable toilets) and waste disposal.
e. Parking areas,
f. Signage,
g. Means of ingress and egress for vehicular and pedestrian traffic,
h. Any additional information necessary to portray the property and proposed use,
i. A description of the proposed use
4. Insurance
a. Proof of general liability insurance, in a form acceptable to the City, protecting the applicant from all
claims for damages to property or bodily injury, which may arise from operations under or in
connection with the vendor's activity.
b.4. A signed and notarized hold-harmless agreement.
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F. Temporary Auto Sales.
1. Temporary vending involving the sale of automobiles is permitted under this section, provided the applicant
for the temporary sale of automobiles shall have a permanent business location within the city limits of
Crestview, and shall have a valid City Business Tax Receipt.
7.06.02 - Mobile Food Dispensing Vehicles
A. Applicability. Unless otherwise specified, mobile food dispensing vehicles are allowed in the MU, C-1, C-2, or IN
zoning districts in accordance with the standards of this section.
B. Any mobile food dispensing vehicle operating within the City of Crestview is required to have a City of Crestview
Business Tax Receipt.
C. Requirements for Mobile Food Dispensing Vehicles.
1. Mobile food dispensing vehicles shall be fully self-contained and shall not connect to any utilities (water,
sewer, gas or electricity).
2. Mobile food dispensing vehicles shall not sell alcohol unless specifically approved as part of a special event
or other permit approved by the City. The alcohol-related restrictions of Chapter 6 of the City Code are
applicable unless otherwise authorized by the City Code, or otherwise waived by the City.
3. Except with the express written permission of the City during an authorized special event, hours of
operation shall be limited between 7 a.m. and 10 p.m. The person in charge of the mobile food dispensing
vehicle when in operation on the developed site must be present at all times during hours of operation.
4. Mobile food dispensing vehicles selling or dispensing food to customers in a moving vehicle or otherwise
engaging in drive-up sales is prohibited.
5. A mobile food dispensing vehicle shall not be allowed to be located on any site upon which uncorrected
code violations exist, or which is under citation for code violations.
6. The operation of a mobile food dispensing vehicle shall not create or cause nuisance conditions including,
but not limited to, displaying flags or unauthorized signage, loud noises, visual glare, flashing or animated
lights, shouting or amplified music or sound, excessive fumes or smoke, environmental hazards, and any
vehicular or pedestrian hazard.
7. Mobile food dispensing vehicles must not discharge waste, fat, oil, grease or such other similar substances
from the vehicle. All such substances related to or generated from the vehicle shall be taken with the vehicle
when the vehicle leaves the subject property.
8. Mobile food dispensing vehicles must comply, as applicable, with the standards specified by Chapter 5k-
4.002m Florida Administrative Code, and the U.S. Food and Drug Administrative 2001 Food Code as such
codes may be amended from time to time. It is also prohibited and unlawful for a mobile food dispensing
vehicle to fail to comply with all state and City traffic and parking, and stopping and standing laws, codes,
ordinances, rules and regulations.
9. A copy of the appropriate license(s) issued from the Florida Department of Business & Professional
Regulation (Division of Hotels and Restaurants) shall be maintained on the mobile food dispensing vehicle
at all times along with a copy of a valid City Business Tax Receipt when the vehicle is in operation within the
City, and shall be made available for inspection upon request by the City's law or code enforcement officers.
10. The property owner shall acknowledge that the property owner require compliance with all ordinances
regarding solid waste disposal and must provide the vehicle access to solid waste collection on the subject
property.
11. The property owner shall acknowledge that the property owner require that the vehicle meet all applicable
federal, state, and local statutes, regulations, laws, ordinances, rules and codes including, but not limited
to, applicable land use and zoning requirements regarding the subject property.
12. The property owner shall acknowledge that the property owner understands the regulations governing
mobile food dispensing vehicles and will be held responsible, along with the vehicle owner, for any code
violations.
13. The property owner shall acknowledge that the property owner ensures that the property will be
continuously maintained in a neat, clean and orderly manner, and that the mobile food dispensing vehicle
shall be limited to operating as a temporary accessory use on the subject property.
14. The subject property must be a developed site. The subject property must not be vacant or unimproved.
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15. Any proposed Mobile food dispensing vehicles must be within the site setback lines, as required by the
zoning district
16. Mobile food dispensing vehicles must not cover or otherwise render unusable any quantity of parking
spaces that would cause the site to have insufficient parking for their primary use as required by Chapter 8
of this Code.
17. Mobile food dispensing vehicles must not obstruct or interfere with vehicular or pedestrian traffic, building
access, fire lanes, crosswalks, driveways, fire hydrants, loading areas, stormwater drainage systems, or
landscape buffers associated with the principle use.
18. Outdoor dining areas are prohibited including, but not limited to, tables, chairs, booths, bar stools, benches,
and standup counters, except if dining areas are allowed with express written permission of the City during
an authorized special event.
19. No additional signage shall be permitted on the proposed site related to the mobile food dispensing vehicle
except as to signage permanently affixed and displayed on the vehicle.
20. Amplified music or other sounds from any mobile food dispensing vehicle or from audio equipment installed
on the proposed site by the property owner or person in charge of the vehicle for purposes of vending,
attracting or encouraging the congregation of customers shall be prohibited.
21. The grounds around any mobile food dispensing vehicle, and within any mobile food dispensing vehicle
space shall be kept free of litter, trash, paper and waste at all times. Waste containers shall be provided,
and all trash shall be taken with the vehicle when the vendor leaves or with the permission of the property
owner, placed inside a commercial dumpster in use and located on the proposed site.
D. Penalties.
1. Owners and operators of mobile food dispensing vehicles, and property owners on which such vehicles
operate, shall be joint and severally liable for any violations of this section. The penalty provisions set forth in section
1-11 of the City Code shall apply to violations of this section.
Formatted: No bullets or numbering
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CHAPTER 8
STANDARDS FOR TRANSPORTATION, ACCESS, PARKING AND LOADING
8.00.00 - PURPOSE AND INTENT
This chapter is provided to establish standards and requirements for the entire transportation system, i ncluding
access, streets, bicycle ways, sidewalks, off-street parking, on-street parking, loading areas, stacking lanes for drive-
thru situations, and transit.
8.01.00 - APPLICABILITY
All development and redevelopment shall be designed, constructed, and established in compliance with the
standards set forth in this chapter.
All sections listed in this chapter shall comply with any specifications or requirements listed in the Crestview
Engineering Standards Manual. In the case of conflict, the Crestview Engineering Standards Manual shall rule.
8.02.00 - STREETS, VISIBILITY, ACCESS MANAGEMENT, AND RIGHT-OF-WAY PROTECTION
A. Purpose.
1. The purpose of this section is to ensure a safe and efficient traffic circulation system, manage access,
establish right-of-way widths for future transportation facilities, and prohibit encroachment of structures
into existing rights-of-way.
B. Right-of-Way Requirements.
1. Minimum right-of-way requirements for new roadways are provided in Table 8.03.00-1
a. Any roadways not meeting the classifications below shall be constructed consistent with Crestview
Engineering Standards Manual, Okaloosa County Public Works, Florida Department of Transportation,
or other relevant authority having jurisdiction.
Table 8.02.00 - Minimum Right-Of-Way Requirements
Street Type Standard Section (feet)
One way street 30
Dead end less than 30 units 40
2-lane local / subdivision 50
2-lane collector 60
2. Use of Rights-of-way.
a. Construction in a public right of way requires a development order or administrative permit issued as
set forth in the procedures of Chapter 3.
b. Encroachment shall not unreasonably restrict the public use of the right-of-way.
c. No person shall willfully obstruct any portion of the right-of-way for a new roadway.
d. The following uses of a public road are specifically permissible and are not a violation of this section:
(1) The improvement of a public road by the owner of a property adjacent to the public road with
landscaping, shrubbery, or grass consistent with the use of the public right-of-way for road
purposes, with approval from Public Services.
(2) Parking motor vehicles on that portion of public road not used as traffic lanes if not otherwise
prohibited.
(3) The replacement or maintenance of existing utility facilities.
e. No person shall remove grass, earth, or sand from, or dig up, any street, or deposit material of any kind
on any street or right-of-way, without City authorization.
C. Visibility.
1. Visibility requirements are discussed and outlined in the Crestview Engineering Standards Manual. In all
cases where visibility is or could be an issue, the Public Services Director shall have the final authority.
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8.03.00 - ACCESS MANAGEMENT
Street arrangement and layout shall meet the following standards.
A. The arrangement, character, extent, width, grade and location of all streets shall be consistent with the existing
street network, and with the Crestview Engineering Standards Manual, Current Edition.
B. The arrangement of streets shall either:
1. Provide for the continuation or appropriate projection of existing planned or platted streets in surrounding
areas; or
2. Conform to a plan for the neighborhood approved or adopted by the City to meet a particular situation
where topographical or other conditions make continuance or conformance to existing streets impractical.
C. In a subdivision of 50 or more lots there shall be at least two connections made to an existing public street or
right of way.
1. If such conditions exist that preclude this possibility (such as wetlands or existing developments with no
existing connection), then the streets should be laid out in a configuration to provide a means of ingress
and egress to as many lots as can be accommodated.
2. The Community Development Services Director shall have the final approval authority on all street la yout
designs.
3. If a connection is made to an existing right of way with no existing roadway, then a Memorandum of
Understanding shall be developed between the City and the developer to provide physical access through
said right of way.
D. When a project site abuts two (2) or more City Streets, access shall be from the city street with the lower
functional classification. Where the City determines that other access standards preclude placement of a drive
on the street with the lower functional classification, an alternate design may be approved.
1. When the development abuts on a City street and a State Highway, the primary connection shall be made
to the City street. A right in - right out only connection may be made on the State Highway with FDOT
approval.
E. The separation between access points on State-maintained roads shall be in accordance with the Florida
Department of Transportation (FDOT) rules. On roads that are not maintained by the State, the separation
between access points onto arterial and collector roadways, or between an access point and an intersection of
an arterial or collector with another road, shall be as shown in Table 8.03.00.
Table 8.03.00 - Access Separation
Functional Class of Road Distance between access points (feet)
Minor collector 20
Major collector 100
Minor arterial 150
Major arterial 200
F. The distance between access points shall be measured from the centerline of the proposed driveway or roadway
to the centerline of the nearest adjacent roadway or driveway.
8.04.00 - STREET ACCESS AND DRIVEWAY DESIGN REQUIREMENTS
A. All ingress and egress driveways onto a City street shall be located to allow the greatest degree of safety to both
pedestrian and vehicular traffic on a City street. All proposed development must meet these standards for
vehicular access and circulation:
1. Access design shall ensure that an entering standard passenger vehicle will not encroach upon the exit lane
of a two-way driveway.
2. Access design shall ensure that a right-turning exit vehicle shall be able to see only the first through traffic
lane available without encroaching into the adjacent through lane.
3. There shall be sufficient onsite storage to accommodate queued vehicles waiting to park or exit without
using any portion of the street right-of-way or in any other way interfering with street traffic.
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4. Number, location, and separation requirements for driveways. Driveways shall be designed to adequately
accommodate the volume and normal character of vehicles anticipated to be attracted to the development.
a. The number of driveways shall be determined by existing site conditions and ensuring safe and efficient
access and use for both pedestrian and vehicular traffic on a City Street.
b. The edge of a driveway for a single-family residential dwelling shall be located a minimum of twenty-
five (25) feet from the right-of-way line of a street intersection.
5. Where two (2) or more driveways connect a single development site to any one (1) City street, a minimum
clear distance of fifty (50) feet, measured along the curb line of the proposed driveway curb radii, shall be
provided.
6. Opposing driveway intersections.
a. Opposing driveway intersections for uses other than a single-family dwelling shall be located directly
across from each other along City streets.
b. If conditions prohibit locating a proposed driveway intersection directly opposite an existing or
proposed driveway intersection along a City street, the offsets between the existing and proposed
intersections shall be a minimum of one hundred fifty (150) feet.
7. Driveways shall be located and designed to ensure that vehicles do not back onto any right-of-way, except
for driveways serving a single-family dwelling in single-family developments and residential zoning districts.
B. Driveway Design.
1. Depressed curbing may be required across driveway openings, in order to promote the continual flow of
street stormwater runoff.
2. Driveways shall intersect the City street at an angle as near ninety (90) degrees as site conditions permit,
and in no case shall be less than seventy-five (75) degrees.
3. All driveway aprons shall be paved from the existing or proposed edge of pavement back to the existing or
proposed right-of-way line. Paving within this area shall comply with the City's paving specifications as set
forth in the Crestview Engineering Standards Manual.
4. Driveways located within a state or county right-of-way shall be designed in accordance with State or
County Standards.
8.05.00 - BICYCLE AND PEDESTRIAN WAYS
A. Bicycle and pedestrian ways shall be considered during the planning and development of on-site and off-site
transportation facilities, including the connection and extension of existing bicycle and pedestrian ways on or
serving State, regional, and local transportation systems.
B. Bicycle Way Access and Connectivity.
1. Bicycle lanes, paths, and other ways shall connect traffic generators and shall be located along a direct line,
convenient for users.
2. Bicyclists shall have equal access to all streets whenever possible and feasible.
3. Within a neighborhood, lines shall be considered through cul-de-sacs, making use of greenways, utility
rights-of-way, and other open ways.
4. Bicycle ways shall be designed and constructed in compliance with the standards set forth in the Crestview
Engineering Standards Manual.
C. Sidewalks.
1. The purpose of this section is to require sidewalks to be constructed in conjunction with all new
development and redevelopment.
1. Sidewalks are required along the street frontage of all lots where new development, redevelopment,
subdivisions, or change of use is proposed.
2. Where no adjacent sidewalk network exists for a development to connect to, the developer shall pay into
the sidewalk fund the equivalent cost per linear foot of installation according to the amount set in the
Comprehensive Fee Schedule, in lieu of sidewalk installation.
3.2. Where a sidewalk is already provided, but the sidewalk is in disrepair and/or does not meet current
standards for sidewalk location, width, and construction, such sidewalk shall be brought up to current
standards as part of the development or redevelopment of the lot.
4. Where no sidewalks exist, the developer will be required to include the addition of sidewalks as part of the
proposed development, redevelopment, subdivision, or change of use.
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5.3. Sidewalks shall be designed and constructed in compliance with the standards set forth in the Crestview
Engineering Standards Manual.
6.4. Sidewalks located within a State or County right-of-way shall be designed in accordance with State or
County standards.
7.5. Sidewalk width requirements are set forth in Table 8.05.00.
Table 8.05.00 - Sidewalk Width Requirements
Location Minimum width (feet)
Arterial streets (major or minor) 8
Collector streets 6
All other streets 5
8.6. Location. All sidewalks shall be constructed along the width of yards fronting upon a street right-of-way.
Corner lots at street intersections shall have sidewalks constructed to, extended to, and ramped up to the
street pavement in compliance with Federal and State ADA requirements. Sidewalks shall be constructed
in the street right-of-way with the rear edge on abutting the front property line. and shall be constructed
in compliance with the standards set forth in the Crestview Engineering Standards Manual.
9.7. Developers shall be required to construct sidewalks along the width of common areas fronting upon a street
right-of-way.
10.8. Internal sidewalks. Nonresidential and multifamily residential developments shall be responsible
for providing provide an internal (on-site) sidewalk network. The internal sidewalk network shall connect
buildings, parking areas and common open spaces to public sidewalks. Internal sidewalks shall be at least
five (5) feet in width and may be located within landscape buffer areas to achieve connectivity.
a.9. Waiver. Sidewalk construction may be waived at the discretion of the Planning Administrator or their
designee, if it is determined that the waiver request meets at least one (1) of the following criteria:
b.a. There are physical constraints which would make the construction of a sidewalks impossible or
impractical. Such constraints shall include, but not be limited to, insufficient right-of-way, extreme
grade problems, and when construction would have a significant negative impact on the natural
environment.
b. There are roadway improvements scheduled within the upcoming year of the City's capital
improvement plan which would result in construction activities that would destroy a significant portion
of the sidewalk constructed by the developer.
c. If sidewalk construction is waived, the developer shall pay into the sidewalk fund the equivalent cost
per linear foot of installation according to the amount set in the Comprehensive Fee Schedule.
8.06.00 - REQUIREMENTS FOR PARKING AND LOADING
8.06.01 - Generally
A. All development and redevelopment shall provide off-street parking in compliance with the standards set forth
in this section.
1. Within the MU zoning district, parking facilities shall be provided and shared by all uses within a mixed-use
development site.
2. On-street parking spaces, spaces in municipal parking lots, and spaces in off-site private parking lots may
be counted toward meeting the parking requirement for a development site. Standards for counting on-
street, municipal, and private parking lot spaces are set forth in Section 8.06.05.
3. In situations not addressed by Section 8.06.01(A)(1) and Section 8.06.01(A)(2), developments shall provide
off street parking as set forth in Section 8.06.02.
B. Limitation on use of parking facilities. Required off-street parking spaces, access driveway, and aisles shall not
be used for any purpose other than vehicular parking. This prohibition applies to, but is not limited to:
1. Storage of goods and equipment;
2. Location of dumpsters and other refuse containers;
Formatted
~ 145 ~
3. Location of goods and materials offered for sale;
4. Storage of inoperable vehicles and equipment;
5. Repair activities;
6. Special events not approved by the City; and
7. Any other activity that occupies the required spaces, drives and aisles on a temporary or permanent basis.
C. Calculating the number of parking spaces.
1. The gross floor area of a building shall be used to calculate parking requirements.
2. When the calculation results in a fraction, the result shall be rounded up to one (1) parking space.
3. For places of assembly with open seating, such as benches or pews, the calculation of parking spaces shall
be based on the occupancy as rated by the fire marshal.
4. When a site is occupied by two (2) or more separate and individual uses, the parking spaces required shall
be determined by a parking study according to the requirements for such study set forth in Section 8.06.06.
8.06.02 - Standards for Parking
A. The minimum number of vehicular parking spaces and bicycle spaces are provided in Table 8.06.02.
B. In all cases, Pparking spaces to meet Federal and State ADA requirements shall be provided. in addition to the
parking requirements set forth in Table 8.06.02
Table 8.06.02 - Parking Space Requirements
Use Vehicle spaces (minimum) Bicycle spaces (minimum)
Residential Uses
Single-Family Dwelling 2 per unit up to 3 bedrooms, over 3
bedrooms add 1 space per bedroom None
Multi-family Structure 2 per unit 1 per 10 required parking
spaces
Non-Residential Uses
Public Assembly and Recreational Uses
Churches, theaters, auditoriums,
stadiums, and other public assembly
1 space per 3 seats of the principal public
assembly room or area
1 per 10 required parking
spaces
Libraries and museums 1 per 500 s.f. of floor area 1 per 10 required parking
spaces
Community recreation center 1 per 300 s.f. gross floor area 1 per 10 required parking
spaces
Bowling alley 2 per lane 1 per 5 required parking
spaces
Miniature golf 2 per hole 1 per 5 required parking
spaces
Private clubs 1 per 300 s.f. gross floor area 1 per 10 required parking
spaces
Skating rink, ice or roller 1 per 300 s.f. gross floor area 1 per 5 required parking
spaces
Swimming pool, dance hall,
exhibition hall 1 per 300 s.f. gross floor area 1 per 5 required parking
spaces
Schools
Day care or nursery, dance, arts, etc. 1 per employee plus 1 off-street loading
space per 8 students
1 per 10 required parking
spaces
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Use Vehicle spaces (minimum) Bicycle spaces (minimum)
Elementary or junior high 1 per 2 employees plus 1 per classroom 1 per 5 required parking
spaces
Senior high 1 per 2 employees plus 1 per 10 students 1 per 5 required parking
spaces
College, trade or business school 1 per 300 s.f. gross floor area or 1 per 3
classroom seats, whichever is greater
1 per 10 required parking
spaces
Health Facilities
Hospital 1 per 3 hospital beds plus 1 per staff doctor
plus 1 per employee on largest shift
1 per 10 required parking
spaces
Nursing homes 1 per 6 patient beds plus 1 per employee on
the largest shift
1 per 10 required parking
spaces
Medical and dental offices 1 per 300 s.f. gross floor area 1 per 10 required parking
spaces
Commercial and Office Uses
Banks 1 per 300 s.f. plus 1 per employee on largest
shift 1 per 10 parking spaces
Restaurant, sit-down and fast food 1 per 3 seats 1 per 10 required parking
spaces
Taverns, nightclubs and lounges 1 per 200 s.f. gross floor area 1 per 10 required parking
spaces
Offices other than medical/dental
offices
1 per 300 s.f. gross office floor area plus 1 per
business vehicle plus 1 per 1,000 s.f. of gross
accessory storage area
1 per 10 required parking
spaces
Gasoline service stations
1 per employee on largest shift plus 1 per
indoor service bay plus 1 per 300 s.f. gross
floor area
1 per 10 required parking
spaces
Grocery or supermarket 1 per 300 s.f. gross floor area plus 1 per
employee on largest shift 1 per 10 parking spaces
Convenience Store 1 per 300 s.f. of gross floor area plus 1 per
employee on largest shift 1 per 10 parking spaces
Hotels and motels
1 per guestroom plus 1 space per 3
employees, plus any spaces required for
accessory uses
1 per 10 required parking
spaces
Marina
1.5 spaces per berth. If marina contains boat
ramp, at least 10 percent of spaces must be
large enough to accommodate cars with
trailers
1 per 10 required parking
spaces
Multi-tenant retail complex, <10,000
s.f. gross floor area 1 per 200 s.f. gross floor area 1 per 10 required parking
spaces
Multi-tenant retail complex,
<>10,000 s.f. gross floor area
1 per 200 s.f. gross floor area, plus 1 per each
additional 250 s.f. over 10,000 gross floor
area
1 per 10 required parking
spaces
Barber and beauty shops 1 per station plus 1 per employee 1 per 10 required parking
spaces
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Use Vehicle spaces (minimum) Bicycle spaces (minimum)
Bed and breakfast 1 per owner/manager plus 1 per sleeping
room
1 per 10 required parking
spaces
Car wash, full service
1 per employee on largest shift plus 2
stacking spaces and 1 drying space per
cleaning station
None
Car wash, self service 2 stacking spaces and 1 drying space per
cleaning station None
Dry cleaning shop 1 per 300 s.f. gross floor area plus 1 per
employee on largest shift 1 per 10 parking spaces
Self-storage/mini-warehouses 1 space per 5000 s.f. gross floor area plus 1
per employee on largest shift
1 per 10 required parking
spaces
Other general business, retail,
department stores or personal
service establishment
1 per 300 s.f. of gross floor area plus 1 per
employee on largest shift
1 per 10 required parking
spaces
Warehousing and Industrial Uses
Warehouse 1 per 5,000 s.f. gross floor area 1 per 10 required parking
spaces
Extraction uses 1 per employee on largest shift None
General Industrial 1 per 1,500 s.f. gross floor area None
8.06.03 - Standards for Parking Lot Design
A. All off-street parking lots, other than single-family and duplex dwellings, shall be designed to meet the following
standards:
1. Parking and loading areas, access aisles, pedestrian walkways, landscaping, and open space shall be
designed as integral parts of an overall development plan and shall properly relate to existing and proposed
buildings.
2. For uses that involve the sale, repair, rental, or storage of vehicles, required off-street parking spaces shall
be identified for customers and distinguished from spaces used for the vehicles that are an integral part of
the business activity onsite.
3. The parking lot circulation system shall be contained on-site. Access from one section of the parking lot to
another section of the parking shall be entirely on-site.
4. When dead-end parking bays are included, adequate and safe areas shall be provided for backing and
turning around.
5. Driveways and access aisles shall be interconnected with all existing driveways and access aisles on abutting
commercial properties. Where the abutting commercial property is not developed, driveways and access
aisles shall be extended to the common property line, so that future interconnection is possible. Each party
to the interconnection shall be entitled to a ten (10) percent reduction in the parking requirement. A cross-
access easement agreement shall be provided and determined to be acceptable to the City. Upon approval,
the easement agreement shall be recorded.
6. A parking lot shall be designed to prevent backing onto a public right-of-way, other than an alley.
7. Access to each parking space shall be directly from an access aisle or driveway; all required parking spaces
shall be designed to permit entry and exit without moving any other vehicle. No spaces shall be located
directly in aisles or driveways.
8. All parking and loading spaces shall be striped or otherwise marked to indicate their location and area.
9. No parking space shall block emergency access.
10. Fire lanes shall be posted with appropriate signage, approved by the fire marshal.
11. All parking spaces shall be delineated by striping or similar method.
~ 148 ~
B. Parking lot design
1. The design and construction of a parking lot shall comply with the standards set forth in the Crestview
Engineering Standards Manual.
2. The dimensions of parking spaces and access aisles shall comply with the standards set forth in the
Crestview Engineering Standards Manual.
3. Required design standards for required bicycle parking spaces and facilities are set forth in the Crestview
Engineering Standards Manual.
8.06.04 - Standards for Loading Spaces
A. The required number of off-street loading spaces is shown in Table 8.06.04. The design and construction of off-
street loading spaces shall comply with the standards set forth in the Crestview Engineering Standards Manual.
B. Loading spaces are not required for a single-family dwelling that is redeveloped for commercial use when:
1. The character of the single-family dwelling is preserved.
2. There are 10 or less required parking spaces.
Table 8.06.04 - Off-Street Loading Space Requirements
Use Required spaces (minimum)
Multifamily residential: over 20 units 1
Offices: up to 75,000 s.f. 1
Offices: each additional 25,000 s.f. over 75,000 s.f. 1
Theaters, auditoriums, stadiums, places of general assembly: up to 20,000 s.f. 1
Theaters, auditoriums, stadiums, places of general assembly: each additional
100,000 s.f. over 20,000 s.f. 1
Commercial uses: up to 30,000 s.f. 1
Commercial uses: each additional 20,000 s.f. over 30,000 s.f. 1
Industrial uses: per 10,000 s.f. 1
Schools, libraries, hospitals, nursing homes: per 100,000 s.f. 1
8.06.05 - Standards for Parking Off the Development Site
Developments may count parking spaces located off the development site in the following circumstances:
A. The development parcel is in the Downtown Overlay District or On-Street Parking Area:
1. On-street parking is available within 300 feet of the principal entrance of the building(s) to be served by
parking. Distance shall be measured along the most direct walking route from the entrance to the parking
area;
2. An available municipal parking lot is located within 400 feet of the principle entrance of the building(s) to
be served by parking. Distance shall be measured along the most direct walking route from the building
entrance to the nearest entrance to the municipal parking lot. A municipa l parking lot is available when it
provides parking to the general area and is not intended to provide off-street parking to support a public or
civic structure or use;
3. A private off-site parking lot is available within 400 feet of the principal entrance of the building(s) to be
served by parking. The parcel containing the private off-site parking lot shall be located on land zoned C-1
or MU. The off-site parking lot shall be provided by the owner of the development parcel to exclusively
serve the development parcel. Or
Formatted: Outline numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment: Left +
Aligned at: 0" + Indent at: 0.25"
Formatted: Outline numbered + Level: 2 + Numbering
Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.5"
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4. A private off-site parking lot is available within 400 feet of the principle entrance of the building(s) to be
served by parking. The parcel containing the private off-site parking lot shall be located on land zoned C-1
or MU. The owner of the development parcel and owner of the parking lot shall enter into an agreement
guaranteeing the availability of the parking spaces to be counted to meet parking needs of the development
parcel. The agreement shall be a recordable instrument in a form acceptable to the City Attorney. The City
shall be a party to the agreement and shall retain enforcement authority. The agreement shall contain
covenants running with the lands of both the development parcel and the parcel containing the parking lot.
8.06.06 - Parking Studies
A. The required number of parking spaces may be reduced based on the results of a parking study prepared in
compliance with the standards of this section. The parking study shall be prepared by a traffic engineer, certified
transportation planner, or other professional with expertise in parking.
B. Parking spaces may be shared by two (2) or more adjacent uses when a parking study prepared in compliance
with the standards of this section demonstrates that adequate parking will be available to meet all parking
needs.
C. The Planning Administrator may require a parking study when the characteristics of the proposed development
is believed to require a greater or lesser number of parking and/or loading spaces than established by the
standards of this section to demonstrate the amount of parking required.
D. A parking study shall include estimates of the parking requirements based on one (1) of the following sources:
1. Urban Land Institute;
2. Institute of Traffic Engineers;
3. American Planning Association;
4. Traffic Institute; or
5. A study of parking requirements prepared by a Traffic Engineer based on data collected demonstrating the
actual parking needs of comparable uses. Uses shall be considered comparable based on type of use,
density, or intensity of development, scale, bulk, and location. The study shall clearly document the location
of parking counts, and the time of the counts (weekdays, weekends, peak use periods, and season).
E. The parking study shall also include an analysis of the extent to which a transportation system management
program and use of alternative forms of transportation lessen the parking requirement. The following factors
shall be considered:
1. Public transportation satisfies transportation demands for a portion of the users of the facility that
corresponds to the amount of proposed parking reduction.
2. The availability and estimated use of private and public ride sharing, such as carpools and van pools.
3. The availability of subscription bus service.
4. Parking charges.
5. The guaranteed provision of annual employee or customer bus passes by the development occupying the
development site.
6. The implementation of guaranteed flexible work hour scheduling.
7. The establishment of a transportation coordinator position to implement a carpool, van pool or other
transit programs.
8. The reduction in parking spaces corresponds to the percentage of residents, employees, and customers
who regularly walk, use bicycles and other non-motorized forms of transportation, or use mass
transportation to travel to the facility. Documentation of the source of this data shall be provided.
F. The parking study may demonstrate a deferral of the provision of otherwise required parking spaces provided
that the following standards are met:
1. A parking plan is provided to demonstrate that sufficient space is available to meet the parking
requirements set forth in Section 8.06.02.
2. A parking plan is provided that illustrates the layout for the required number of spaces, designating the
spaces to be deferred.
3. Spaces proposed for deferral shall not be used for required landscaping, required buffers, required
setbacks, or stormwater management.
~ 150 ~
4. A parking plan shall demonstrate full compliance with all design requirements of this LDC, except for the
design and construction of deferred spaces.
5. The parking plan shall include a written agreement, in the form of a recordable instrument approved by the
City Attorney, guaranteeing conversion of the deferred spaces to paved spaces in full compliance with the
standards of this LDC, based upon the City's determination that the deferred spaces are necessary for the
safety and welfare of the public. The City shall be a party to the agreement. The agreement shall include a
requirement that the property owner shall be responsible for any expenses of a traffic and/or parking study
to address the need for the deferred spaces.
6. The property owner may at any time request approval of a revised development plan to allow converting
the deferred spaces to operable parking spaces.
G. A parking study to support shared parking requirements shall meet the following standards:
1. The parking spaces for joint use shall be located within 300 feet of the respective uses they are intended to
serve.
2. The study shall include sufficient data to demonstrate that the hours of maximum demand for parking at
the respective uses do not normally overlap.
3. The study shall contain sufficient information to demonstrate that the joint use of parking and subsequent
reduction in the total number of otherwise required parking spaces will not have a negative impact on
adjacent properties.
4. The owner of parcels proposing to share parking shall enter into an agreement guaranteeing the joint access
and use of the parking spaces to meet parking needs of all properties represented in the agreement. The
agreement shall be a recordable instrument in a form acceptable to the City Attorney. The City shall be a
party to the agreement and shall retain enforcement authority. The agreement shall contain covenants
running with the lands of all parcels relying on the shared parking arrangement. The agreement shall include
provisions for maintenance of the shared parking facility. The agreement shall also include provisions that
address discontinuance of one (1) or more uses and a change in one (1) or more uses resulting in an
increased parking need. The agreement shall contain covenants running with the lands of all development
parcels relying on the shared parking arrangement.
8.06.07 - Standards for Stacking Lanes and Drive-Through Facility Lanes
A. Stacking Space Requirements. All facilities providing drive-up or drive-through service shall provide on-site
stacking lanes in accordance with the following standards:
1. The amount of stacking space required is set forth in Table 8.06.07. Where a use that is not listed in this
table is proposed to include drive-up or drive-through service, the Planning Administrator shall determine
the stacking requirement. Determination shall be based on the requirements for a substantially comparable
use, considering traffic generation, intensity of development, scale of development, and hours of operation.
Table 8.06.07 - Required Stacking Spaces
Use Required spaces (Minimum)
Automobile repair facility 2 vehicles per service bay
Drug store or pharmacy 4 vehicles per lane
Financial institution 4 vehicles for the first lane and 2 vehicles per
lane for each additional lane
Food or beverage center 4 vehicles per lane
Fast food restaurant 6 vehicles per lane
B. Design Requirements for Stacking Lanes
1. Stacking lane distance shall be measured from the service window to the property line bordering the
furthest street providing access to the facility. Stacking distance shall be computed at eighteen (18) feet per
vehicle.
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2. The facilities and stacking lanes shall be located and designed to minimize turning movements in relation
to the driveway access to streets and intersections.
3. On-site parking lots, pedestrian areas and drive-through lanes shall be designed to avoid pedestrians
crossing drive-through lanes.
4. Vehicular traffic from stacking lanes shall not encroach on the public right-of-way.
5. A separate bypass lane around the drive-through facility shall be provided.
6. Stacking lanes shall not be located within a designated delivery area or area designed for loading spaces.
8.06.08 - On-Street Parking Area
A. Projects within the On-Street Parking Area are allowed to include any on street parking on an abutting right-of-
way toward their parking requirement.
B. In this area, on street parking can also be proposed as part of a development order or administrative permit,
counting toward a property's parking requirement.
C. In this area, all rights-of-way are included for allowing on-street parking with the exception of the Highway 85
and Highway 90 rights-of-way.
D. See Figure 8.06.08 for the On-Street Parking Area Boundary.
Figure 8.06.08 - On-Street Parking Area
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CHAPTER 9
VARIATIONS FROM STANDARDS IN THE LDC
9.00.00 - GENERALLY
The purpose of this chapter is to provide mechanisms for obtaining relief from the provisions of this LDC where
hardship would otherwise occur. There are several ways that potential relief from hardship is addressed: potential
relief through requirements regarding the use of and changes to nonconforming development; potential relief
through the grant of a variance from the site development standards of this LDC; potential relief when an
administrative decision is appealed; and potential relief when an administrative waiver is granted to modify certain
site development standards of this LDC.
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9.00.01 - Waiver of Standards Pertaining to Metal Buildings
The Community Development Services Director may approve a waiver of standards pertaining to metal building,
provided the following standards are met.
A. The proposed metal building shall be consistent with the character of the neighborhood within 500 feet of the
site of the metal building.
B. The metal building shall be designed to ensure compatibility with development in the zoning district in which it
is proposed.
C. The metal building and the site on which it is proposed are designed to minimize potential detrimental impacts
on properties within 500 feet of the development site. The determination that potential detrimental impacts
are minimized shall be based on the following:
1. Proposed architectural design of the metal building;
2. Proposed placement of the metal building on the site and the relationship to open space on the site;
3. Proposed fencing and screening; and
4. Proposed landscaping.
9.01.00 - NONCONFORMING SITUATIONS
9.01.01 - Generally
A. Purpose. It is the purpose of this section to address the continuation and potential modification of uses,
structures, lots, and site features that meet the following conditions:
1. A use, structure, lot, or site feature that was lawfully established and in compliance with regulations
applicable to the use, structure, lot, or site feature at the time of establishment of such use, structure, lot,
or site feature; and
2. Such use, structure, lot, or site feature does not comply with the regulations set forth in this LDC.
a. This situation is called a nonconformity.
B. It is the intent of the City to:
1. Establish two (2) types of nonconformities: benign and detrimental;
2. Allow continuation of nonconformities until such nonconformities are abandoned;
3. Allow change of use of specified nonconformities;
4. Allow modifications to specified nonconformities; and
5. Eliminate or reduce detrimental nonconformities.
C. It is further the intent of the City that the casual, intermittent, temporary, or illegal use of land, water, buildings,
structures, characteristics of use, or any such use in combination shall not be sufficient to establish the existence
of a nonconforming use to create rights in the continuance of such use.
D. Maintenance. Normal and customary maintenance or repair of nonconforming lots, sites, and structures shall
be allowed, provided that such maintenance or repair does not otherwise increase the extent of the
nonconformity. Maintenance or repair shall be performed only to ensure safety and to prevent a nuisance.
E. Relocation of nonconforming buildings or structures. A nonconforming structure shall not be moved, in whole
or in part, to another location within the City, unless the lot, site, and resulting structure placement conforms
in all respects to the standards and requirements of this LDC.
9.01.02 - Types of Nonconformities
A. Benign nonconformities.
1. A benign nonconformity exists when the degree of nonconformity does not result in a harmful or unsafe
condition; a negative impact on public safety or health is not expected to occur due to the continuation or
modification of a benign nonconformity. All conforming structures as of January 1, 2020 will be considered
benign nonconformities.
2. Only the following situations shall be considered benign nonconformities:
a. An encroachment into a required setback of less than ten (10) percent.
b. A lot area which is less than the minimum required by not more than ten (10) percent.
c. A lot width which is less than the minimum required by not more than ten (10) percent.
d. A building feature which is more than the maximum allowed by not more than ten (10) percent.
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e. A front yard setback that fails to comply with the standards in this LDC due to road widening.
f. Provision of off-street parking that contains up to ten (10) percent fewer spaces than required by this
LDC or through a parking study.
g. Impervious surface coverage in excess of maximum allowed.
B. Detrimental nonconformities.
1. Any use of land or structure that does not comply with the uses permissible in the applicable zoning district,
as set forth in 4.06.00, shall be considered to be a detrimental nonconformity.
2. Any nonconformity of a structure or site that is not identified as a benign nonconformity in Section
9.01.02.A shall be considered to be a detrimental nonconformity.
9.01.03 - Continuation of Nonconformities
A. A benign or detrimental nonconformity shall be allowed to continue except as follows:
1. The nonconformity is declared to be unsafe or unlawful.
2. The nonconformity is declared to be a public nuisance.
B. A detrimental nonconformity which is discontinued for a period of 180 consecutive days shall be considered
abandoned.
1. Such nonconformity shall not thereafter be reinstated.
2. Any subsequent occupancy of such nonconformity shall be permissible only when such nonconformity has
been brought into compliance with the requirements of this LDC.
3. The removal of buildings, structures, equipment, or other aspects of such nonconforming use; the absence
of a water utility service deposit or account; or the absence of a current business tax receipt shall be deemed
to be prima facie evidence of the discontinuance of a nonconformity.
4. If the reason for discontinuance is the documented action by a non-City governmental agency, the time of
delay caused by the governmental agency shall not be calculated as part of the period of discontinuance.
C. A benign nonconformity may be discontinued for any period of time and shall not be considered abandoned.
9.01.04 - Change of Use
A. All rights and obligations associated with a nonconformity shall run with the ownership of the land or water, are
not personal to the present owner or tenant of the nonconforming use of land or water and are not affected by
a change in ownership or tenancy, except if abandoned.
B. Benign nonconformities. A land use carried out in or on a lot, site, or structure that has been identified as a
benign nonconformity may be changed to any use permissible in the zoning district in which it is located, subject
to the requirements set forth in 4.06.00. The nonconformities are not required to be modified for compliance
with the standards of this LDC.
C. Detrimental nonconformities. The use of a lot, site, or structure identified as a detrimental nonconformity may
be changed, provided the following standards are met:
1. The new use is less intense than the existing use. Intensity shall be determined by impervious surface
coverage and either density for residential uses or the floor area ratio for nonresidential uses; or
2. The new use complies with the requirements of this LDC.
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9.01.05 - Damage and Restoration of Nonconforming Buildings or Structures
A. In the event that any nonconforming building or structure is damaged by any means, including fire, flood, wind,
explosion, or other act of God, or act of the public enemy, to an extent of less than fifty (50) percent of the total
assessed value of the building or structure, such building or structure shall be permitted to be replaced,
restored, or reconstructed according to the development standards in effect at the time of original construction.
The assessed value shall be determined by an independent appraisal establishing value on the date of the
damage event. Where an independent appraisal is not provided, the assessed value shall be the most recent
taxable value shown for the structure as determined by the Okaloosa County Property Appraiser on January 1
of the year in which the damage occurred.
B. Replacement, restoration, and reconstruction shall be permissible only in compliance with building, plumbing,
electrical, gas, mechanical, fire, and other construction and life safety regulations in effect at the time of
application for a local building permit to allow such replacement, restoration, or reconstruction.
C. Permits for replacement, restoration, or reconstruction shall not be issued after twenty-four (24) months have
elapsed since the damage event.
9.01.06 - Expansion or Modification of Benign Nonconformities
A. A structure which is a benign nonconformity may be modified or expanded, subject to the following standards:
1. Any addition or expansion of the structure shall comply with the standards applicable to the zoning district
as set forth in this LDC;
2. Any addition or expansion of the structure shall not increase the extent of the nonconformity; and
3. Any addition or expansion of a structure shall comply with all local building permit requirements as set forth
in Chapters 6 and 7.
B. A lot or site which is a benign nonconformity may be modified, subject to the following standards;
1. Any additional structures or site features shall comply with the standards set forth in this LDC;
2. The addition of structures or site features shall not increase the extent of the nonconformity; and
3. The addition of structures or site features shall comply with all local development permit requirements as
set forth in Chapters 6 and 7.
9.01.07 - Expansion or Modification of Detrimental Nonconformities
A. A structure which is a detrimental nonconformity shall not be expanded.
B. A structure, which is a detrimental nonconformity may be modified, subject to the following standards:
1. The proposed modification of the structure shall be reviewed by the Building Official.
2. Any modification of the structure shall not increase the extent of the nonconformity;
3. Any modification of the structure shall comply with the standards set forth in this LDC;
4. A modification shall not be permissible when off-street parking and loading required for the modification
cannot be provided;
5. When a modification is to allow or accommodate a change of use, the use shall be in compliance with the
use requirements of the zoning district as set forth in Chapter 4;
6. The modification of the structure shall maintain or improve compatibility of the structure with the
neighborhood in which it is located; and
7. Approval of modifications to nonconforming structures shall be conditioned upon the addition or
improvement of access, driveways, sidewalks, drainage, and landscaping, in compliance with the
requirements of this LDC.
C. A lot or site which is a detrimental nonconformity may be modified, subject to the following standards:
1. The proposed modification of the lot or site shall be reviewed by the Community Development Services
Director.
2. Additional or modified structures or other site features shall be permissible only where such additions or
modifications improve the degree of conformity or provide for the public safety;
3. The addition or modification of structures or other site features shall not increase the extent of the
nonconformity;
4. The addition or modification of structures or other site features shall maintain or improve compatibility of
the site with the neighborhood in which it is located;
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5. As a condition of approval of applications to add or modify structures or other site features, the applicant
may be required to demonstrate that the site is designed in compliance with the requirements of this LDC
with regard to access, sidewalks, drainage, and landscaping.
9.01.08 - Specific Requirements for Lots of Record
When an individual lot or parcel has an area smaller than the requirements of the zoning district in which it is located,
but was a lot or parcel of record on January 1, 2021, the permitted uses of the zoning district shall be allowed on
such lot or parcel, provided all requirements, other than minimum lot area, depth, or width, are maintained. For
residentially zoned lots of record, the minimum side yard setback requirement on such lots or parcels can be
modified but shall be not less than ten (10) percent of the lot width and, regardless of lot width, shall not be less
than five (5) feet.
9.02.00 - VARIANCES
9.02.01 - Generally
A. Purpose. The purpose of a variance is to provide a means to grant permission to depart from the standards of
the zoning district where unique characteristics of a parcel together with the imposition of the specific
regulations of the zoning district result in a hardship.
B. Variances granted prior to adoption of this LDC.
1. Any variance granted before the date of adoption of this LDC shall remain in full force and effect, including
any conditions of that variance, except as set forth in Section 9.02.01.B(2) and (3).
2. Property for which a variance was granted prior to the adoption of this LDC may be developed in accordance
with the plans previously approved. Where construction or development does not commence prior to the
expiration of the variance, the variance shall have no further force and effect and the provisions of this LDC
shall apply to development and use of the property.
3. Where a variance does not contain an expiration date, and a building permit application has not been
submitted for the development for which the variance was granted, such variance shall expire twelve (12)
months after the effective date of the order granting the variance. Upon expiration, the variance shall have
no further force and effect and the provisions of this LDC shall apply to development and use of the
property.
9.02.02 - Required Findings for a Grant of Variance
A. In order for an application for a variance to be approved or approved with conditions, the Planning and
Development Board (PDB) shall make a positive finding, based on the evidence submitted, for each of the
following provisions:
1. The need for the proposed variance is due to the unusual or unique physical shape, configuration, or other
physical condition of the development site. These special conditions are not generally applicable to other
lands, structures, or buildings in the same zoning district;
2. The literal interpretation and application of the provisions of this LDC would deprive the property owner of
property rights commonly enjoyed by other properties in the same zoning district, resulting in an undue
hardship;
3. The special conditions are not the result of actions of the property owner and are not based solely on a
desire to reduce development costs;
4. Approval of the proposed variance shall not provide to the property any special privilege that is denied to
other development sites within the same zoning district;
5. The proposed variance is the minimum variance that results in reasonable use of the land, building, or
structure;
6. Approval of the proposed variance shall ensure compatibility of the resulting development with the uses of
land and character of the adjacent and surrounding neighborhood;
7. The proposed variance is consistent with the intents and purposes of the requirements of this LDC;
8. The proposed variance is consistent with the provisions of the Comprehensive Plan; and
9. The proposed variance is not detrimental to the health, safety, or general welfare of the public.
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B. The PDB shall not consider a nonconforming use of neighboring lands, structures, or buildings in the same zoning
district, or a permitted use of lands, structures, or buildings in other zoning districts, when determining whether
to grant an application for a variance.
9.02.03 - Procedures for Variances
A. Any person requesting a variance from the provisions of this LDC shall submit an application to the City on forms
provided by the City.
1. The application shall include the information required for all applications as set forth in Section 3.00.00.
2. The application shall include a detailed explanation regarding how the proposed variance complies with
each of the requirements of Section 9.02.02.
3. An application for a variance for development subject to review of a site development plan shall be
processed prior to completion of the site plan review process.
4. The appropriate fee as established by the City shall accompany the application. No portion of the fee shall
be refunded whether the application is withdrawn by the applicant or is denied by the City.
B. The applicant for a variance has the burden of proof of demonstrating that the application for a variance
complies with each of the requirements of Section 9.02.02.
C. The application shall be reviewed by the Planning Administrator for compliance with the required findings set
forth in Section 9.02.02.A report shall be prepared and provided to the PDB at least seven (7) business days prior
to the scheduled hearing date.
D. The PDB shall conduct a quasi-judicial hearing according to the procedures set forth in Section 3.02.02.
E. Notice of the hearing shall be provided as set forth in Section 3.02.01.
F. The PDB shall approve, approve with conditions, or deny the application for a variance, based upon findings for
each of the provisions set forth in Section 9.02.02.The decision of the PDB shall be reduced to a written order,
which shall be issued to the applicant and filed with the Okaloosa County Clerk of Court. An order approving or
approving with conditions shall expire within one (1) year of the date of such order, unless development subject
to the variance is completed. The order may be extended once by the PDB for good cause for a period not to
exceed one (1) year.
G. Limitations on the grant of a variance.
1. A variance shall not be granted which authorizes a use that is not permissible in the zoning district in which
the property subject to the variance is located.
2. A variance shall not be granted which authorizes any use or standard that is expressly prohibited by this
LDC.
9.02.04 - Appeal of Planning and Development Board Decisions
The decision of the PDB shall be final, and there shall be no further review thereof except by resort to a court of
competent jurisdiction.
9.02.05 - Specific Requirements for Variances Regarding Historic Buildings
Variances may be issued for the reconstruction, rehabilitation, or restoration of buildings listed on the National
Register of Historic Places or the Florida Master Site File. Such variance shall comply with the standards set forth in
Sections 9.02.01, through 9.02.03, except where compliance would result in the structure losing its historical
designation.
9.03.00 - APPEALS OF ADMINISTRATIVE DECISIONS
9.03.01 - Applicability
Administrative decisions include decisions by the Community Development Services Director and staff members
pertaining to the following matters: zoning determinations, certificates of concurrency, minor plats, administrative
waivers, change of use, interpretation of permissible uses within zoning districts, and expedited development orders.
A person adversely affected by an administrative decision may appeal such decision to the PDB.
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9.03.02 - Notice of Intent to File an Appeal of an Administrative Decision
A. Prior to filing an application for an appeal of an administrative decision, an affected party shall file a Notice of
Intent to Appeal within five (5) business days following the administrative decision, determination, or action to
be appealed. The City shall provide a form for filing a Notice of Intent to Appeal. No fee shall be required.
B. When a Notice of Intent to Appeal is filed, all work that is the subject of the appeal on a site shall be stayed for
ten (10) business days.
9.03.03 - Filing an Appeal of an Administrative Decision
A. Within ten (10) business days following filing of a Notice of Intent to Appeal, the affected party filing the Notice
of Intent may file an application to appeal an administrative decision.
B. The application shall include a detailed explanation regarding how the applicant is adversely affected by the
administrative decision. Where the administrative decision was based on technical standards, the applicant shall
provide detailed data and analysis regarding alleged errors in the application of the technical standards.
C. The appropriate fee as established by the City shall accompany the application. The application shall not be
accepted without the filing fee. No portion of the fee shall be refunded.
D. Upon receipt of an application to appeal an administrative decision, the Planning Administrator shall schedule
the appeal to be heard by the PDB.
E. The administrative decision subject to the Notice of Intent shall become final and effective if an application to
appeal is not timely filed.
9.03.04 - Stay of Work
Filing an appeal of an administrative decision stays all work on the premises and all proceedings in furtherance of
the action appealed that is subject to the appeal. When the Planning Administrator determines that a stay would
cause imminent peril to life or property, the Planning Administrator shall notify the PDB of the determination. Only
the work necessary to avoid imminent peril to life or property shall be permissible; all other work shall be stayed.
9.03.05 - Procedures for Consideration of an Appeal of an Administrative Decision
A. The consideration of an appeal by the PDB of an administrative decision shall be a de novo quasi-judicial hearing.
B. The Planning Administrator shall prepare a report following the procedure for preparation of a compliance
report set forth in Chapter 3.
C. Notice of the hearing shall be provided as set forth in Section 3.02.01.
D. The applicant has the burden of proof to demonstrate that the administrative decision was in error.
E. The PDB shall determine whether the provisions of this LDC have been properly applied and shall take action as
follows:
1. Affirm the administrative decision that is the subject of the appeal;
2. Reverse, wholly or in part, the administrative decision that is the subject of the appeal; or
3. Modify the administrative decision that is the subject of the appeal.
F. The PDB shall issue a written order containing findings of facts and conclusions of law.
9.03.06 - Appeal of Planning and Development Board Decisions
The decision of the PDB shall be final, and there shall be no further review thereof except by resort to a court of
competent jurisdiction.