HomeMy Public PortalAboutOrdinance 1961 - LDC Amendment.docxORDINANCE: 1961
AN ORDINANCE OF THE CITY OF CRESTVIEW,
FLORIDA, PROVIDING FOR THE AMENDMENT OF
PORTIONS OF CHAPTERS THREE, FIVE, SIX, SEVEN,
EIGHT, AND NINE 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 three, five, six,
seven, eight, and nine 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 January 2024.
ATTEST:
/'kir7anne
City Clerk
G¢EST '•,
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Approved by me this 22nd day of January 2024, \ .y .o,
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er
3.00.04- e
TatIe 3.01.80.2 defines the application timelineder-eases-application typc.
Tob4e-3.04.08.v r. ..r.....:.... T-in...r...es
Day
Standards 4
on Day
Use, 4
'Development Order Day
IVadartees
4
Day
Vacations Day
ROW/-Easement/Plat 4
Ira
4
Day
Day
1 4
Plart,R,.., d-an� Day
Development 4
;mac
Anneit t,io:s
IOC Text
Amendments
Maps -Amendment,
.Gemese a s.i.Ae-Pisa
its
d
Days Day Days Days Pay
2-3 4 5-19 20-31 35
Day Day PaY Days Day
2 8 4 5-4 8
Days Day Days Days Bay
2-4 5 6-20 2135 36
Day Bay Pay Days Bay
2 3 4 5-7 8
DaY Day DaY Bays Pay
2 3 4 5-7 8
Days Day Days Days Day
2-3 4 5-16 20 31 35
' Day Days Days Day
-2-3 4 5.49 2024 35
Bays Day Days Pays Day
2-4 3 6-20 2151 32
DaY Day Day DaY Days Dal`
4 2 3 4 5-2 8
Day Day Pay Day Day., Pay
4 2 3 4 3-7 8
Day Day Day Pays Pays Bay
4 2-3 4 5 19 20-34 35
DaY DaY Pay Day Pays Day
4 2 3 4 5-7 8
Day Pays Day Days Days Pay
4 2-3 4 5-19 20 31 35
Statf-witl-psetAds-a-erocess calendar upon request
Table 3.00.04.1- Aoolication Timelines6 7
1
Days Pay Days Day
36 50 31 52-G6 65
Days Day Days Day
9-14 42 43-13 46
Days Day Day., Day
37 67 68 69-83 84
Pays Pay Pays Pay
9-14 4-2 1315 46
Pays Pay Pays Pay
911 42 1315 46
Pays gay Pays Pay
36 50 54 52-66 62
Days Day Days Day
36-50 54 52-66 62
Day -Day
445-
Days PaYs 446
413445
Days Day Days Day
9 11 42 13 15 46
Day, Day Days Day
9 11 42 13 15 46
Days Pay Days Day
36-50 34 52-66 6-
Days Day Days Pay
9 11 42 13 15 46
Days Bay Days gay
346-50 54 52-66 6-
46 43
z4
34 3a
44 46
48 44
42 6.7
46 6�
444
66 44
64
63
44
-rheapp5ea�a; _
discretion of the Direres
_ ___ _.... ____eeitt l.ekeil4fellewthe-sa .._ ..-. eese. -a = a:.teted in the above table.
*3ebsequentte, .a ele-wil44e.e..t'r_ ..._. / t oar��
ssebs esieratsesaaa s-..n.,a.av--s..me„ ` a; gestate- e -'--'-'
s The Director may extend review periods by notifying the applicant in writing prior to the due dare.
7 The applicant may request an extension to a time: eriod by submitting the request in writine. The request may be approved or denied at the
discretion of the Director.
style Definition: LDC Paragraph
1
Applicant
Determine Technical Applicant Resubmittal Approval Average Maximum
Application Tvoes Resolve
Completeness Review Revisions, Reviewz Action Days Days
Deficiencies
Development Order 3 Days 30 Days 30 Days 60 Days 30 Days DO Issued 78 153
Conceptual Plat 3 Days 30 Days 30 Days 60 Days 30 Days Move to 78 153
PDB & CC
Final Plats 3 days 30 Days 30 Days 60 Days 30 Days Move to 78 153
PDB & CC
Planned Unit Move to
Development 3 Days 30 Days 30 Days 60 Days 30 Days PDB & CC 78 153
Annexations 3 Days 14 Days 14 Days 30 Days 14 Days Move to 39 75
PDB & CC
Future Land Use Move to
Maps Amendments Days 14 Days 14 Days 30 Days 14 PDB & CC 39 75
Zoning Chanties 3 Days 1ays 14 Days 30 Days 14 Days Move to
4 D39 75
PDB & CC
Special Exception
Uses/Supplemental 3 Days 14 Days 14 Days 30 Days 14 Days Move to 39 75
Standards PDB & CC
Vacations - 3 Days 14 Days 14 Days 30 Days 14 Days Move to 39 75
12OW/EEsement/Plat PDB & CC
Move to
Variances 3 Days 14 Days 14 Days 30 Days 14 Days PDB 39 75
LDC Text 3 Days 14 Days 14 Days 30 Days 14 Days Move to 39 75
Amendments PDB & CC
Comprehensive Plan 3 Days 14 Days 14 Days 30 Days 14 Days Move to 39 75
Amendments PDB & CC — —
*Staff will provide a process calendar upon request to include all relevant dates and deadlines.
*Application timeline table measured in calendar days. excluding city or federally recosnized holidays.
Subsequent resubmittals will follow the same number of days as stated in the above table.
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:
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.
— 3 —
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.
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;
— 4 -
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,
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. The issuance of a Development Order shall serve as authorization for an aoolicant to aoolv for construction
and administrative permits only.
4.—ftlae epp fo ^ construction permit deviate> from the final development plan the Director shall
of the permit application.
H. Development Order Expiration. Approved site development plans and associated Development Order are valid
12 months from the date of approval. Construction or administrative permits shall be applied for prior to
Development Order expiration. Issuance of such construction or administrative permits shall serve to extend
associated Development Order and development plan approval for the duration of the permit.
1. An applicant mav apply for a one-vear extension for good cause. Such an extension mav be granted for anv
plan approved after the effective date of this ordinance and two years orior to adoption. The extension
reauest must be filed prior to the expiration date of plan approval. If the oroiect is within a PUD. or a phased
develooment. the exoiration of olan aoorovals mav differas estahlichari in tha orieinal approval.
_5—
2. Followine issuance of construction or administrative permit(s) in coniunction with a development order,
such development order and approved site development plans shall expire if the oroiect is oast the initial
or extended expiration date, and if the proiect is considered abandoned.
a. Following initial permit issuance. am lack of subseauent permit issuance, permit -related inspections
for a period of at least 365 days. or a lapse in construction activities on -site as documented in routine
inspection reports by staff for a period of at least 365 days. shall be deemed to be prima facie evidence
of the abandonment of a oroiect and result in development order expiration.
3. Following expiration of anv development order. the conditions of such development order as well as anv
plan approval shall be considered null and void. and such oroiect shall only he considered upon new
application. subject to most uo-to-date fees and code requirements.
Development Order Continuence. Followine issuance of all associated certificates of occupancy for a given
oroiect the development order and anv conditions therein as well as the approved development plans and anv
changes approved by staff as documented in the as -built drawings and/or engineer's certification for a eiven
oroiect shall remain effective until such development order is amended or is superseded by any subsequent
development order. construction permit, administrative permit. or change of use. Upon anv of these actions.
the site shall be permitted to deviate from the development order that was issued to the extent that such action
is aooroved by staff. per the applicable codes and standards in effect at the time of application for such action.
J.
HT et `Kan-f\ Nlrrv1e-riu c valid fir 12 m ikks from the date of approva:. If
Thas net—beenelataxted-etion-iez., *Y,.: tfix' s/ cxpircs and
laeeernesnull and void.
— tT
2.1. Ai, ,._.:. It-f eae year errterrien far -geed causedach an c.ctcncion-mabcgrantcd for any
request mu:tbcfii°�r--_
:vrF,rereer,_I
1,K_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.
hL. 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 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;
(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.
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, ad -or the U.S. Army Corps of Engineers. Proof of permit shall be provided
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, 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.
A. Applieabi4ty
1. The standards set forth in this section apply-toi ipal-baitrAngs aid aos.cssory dir ge-
cq. rt.
2. The regtr'sra.marl ftr r .e apr l4r 1, m rtr! 4 c'.'ding facades that arc visible fro.ma-public right of way.
rMe a `uildings w4Hr thI !ti ,r ., fr rw i^tr.: ta:r r^ctio .
C. Standards
decorative nrateriak
Th ,,,.,._ at v ! k. !! !!c Inn f theme
`eats^r.i..r�..ltr.��_�_��„t. agadc.
C. Waivcr Ent
pursuantts nrttiv. iew criteria ae-eetlineA in Chapter 3.
— 9 —
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, unless otherwise superseded in this Chapter.
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 -`ures-b, is used for industrial storage of hazardous, incendiary, noxious or pernicious
materials shall be located nearer than 100 feet from any property line.
-,10
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.
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 any required visibility triangle.
4,5. Fences that allow for at least 50 percent visibility UIFUugn me material, including out not nmitea to cnain
link, wrought iron, or welded wire may be placed on vacant properties for security purposes. Placement of
a fence for this purpose shall not be construed to allow any additional development without the
construction of a ermitted principle structure on a siven_property.
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.
—11—
Table 7.01.03 - Standards for Fence Heights
Zoning Maximum Height in a Side or Rear
District Yard (feet)
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
Maximum Height in a Front Yard 9, °
Fences on lots facing multiple rights -of -way may be up to 8 feet in height in any secondary front yard where the fence will not obstruct visibility
from any intersection or adjacent driveway.
10 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.,
,ots con, ig a single family residential use, with a lot dearth of 250 feet or greater, may be up to 8 feet ignt in front vards up
...cable front —Aback.
`12-
Formatted: Normal 1
lFormatted: Font: 8 pt No underline
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7.01.05 - Ground Mounted Telecommunication Utility Structures
1. Ground mounted telecommunication utility structures that provide public or private
telecommunication utilities including but not limited to cable Internet, DSL, dial -up. or fiber optic
services. not to include telecommunication towers subject to section 7.05.05 of this code, may be
placed on vacant or improved property, subject to the following standards:
a. Structures shall not be placed closer than 3 feet to any property line.
b. Structures shall not obstruct visibility from any adjacent driveway or intersection.
a-c. Structures shall not modify, impede, or substantially affect any required landscape buffer in
any way as to disrupt such buffer's ability to provide an audible or visual screen as required
by Chapter 6 of this code.
7.02.04 - Temporary Signs
Temporary signs shall comply with the following standards.
A. Temporary signs are permissible subject scu rcccip. of- e r^ ^^^" '^^ * ^^ size, location,
and duration of placementto the standards and requirements of this section. Temporary signs may be displayed
for a period not exceeding °„ teea 3 thirty O days.
B. Total permitted temporary ground sign area shall not exceed size of fAxteen (16) square-fcet.the ground sign
area allowed for monument/ground signs in Table 7.02.05.
C. Temporary signs shall not be placed in the public right-of-way.
D. Temporary signs shall not flash, blink, spin, or rotate.
Temporary signs-,nai, .astruct visipnit; troni Qiiy Giiycway3 or intersections.includc banners, flags, and
aey-signs^" ty-with the cl or v'cirail+ty requirements ..et forth in The
Crestview -Engineering St-aneler-ets-fnanueL Such
F. Temnorery signs shall not block traffic or pedestrian visibility or constitute a vehicular or pedestrian traffic
hazard.
,G. The placement of temporary signs shall not cause a public nuisance.
H_Permissible temporary signs shall be firmly secured to the ground or to a building according to the requirement
^F *"o,--�„e-te p•o aey-permitany applicaole requirements of the Honda euiidin Code.
(_Temporary signs may be attached to or cover an existing permitted sign en✓ for i#aLaperiod during which th
temporary sign is permitted.not to exceed thirty 130) days.
& 1. Temporary signs shall be maintained in good repair for the duration of the dis lay period.
-13^'
7.02.05 - Permitted Permanent Accessory Signs
A. Permanent accessory signs 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 signs: Table 7.02.05.
Table 7.02.05 - Requirements for Permanent Accessory Signs
Sign Type Maximum Number
Maximum Sign Face Sign Maximum
Area Dimensions Sign Height
Setback/Spacing
• Single Occupancy-20%
• Single Occupancy - 3 per offayade Not to exceed
Wall fayade • Multiple Occupancy- N/A building N/A
• Multiple Occupancy-3 15% of facade per height
per facade per tenant
tenant
75% of
Awning No Maximum N/A Awning 2 feet N/A
Length
Projecting/ Width - 4
1 per tenant 6 sq. ft. 3 feet N/A
Perpendicular feet
2 sq. ft. per linear foot of • Property lines - 5 feet
Monument/ 1pelinear feet of street frontage to a No required 24 feet • Other ground signs -
Ground F. street
treeree t frontage maximum of 240 sq. ft. dimensions 10 feet
85 feet above • Front Property Line -
Interstate 25 feet
the crown of
Highway 1-10 Interstate • Side/Rear Property
Corridor 1 420 sq. ft. N/A Highway I-10 Line - 50 feet
Accessory • Other permanent
Sign10F13 nearest the
sign ground sign on same
site -100 feet
• Property lines - 10
feet
Width - 38 • Other billboard on
Billboard11F14 1 310 sq. ft. feet 30 feet same side of
thoroughfare -1,500
feet
Interstate
Highway 1-10
Corridor
Billboard 13• is
1 672 sq. ft.
• Interstate 1-10 Right of
50 feet above Way - 20 feet
crown of • Other property lines -
Width - 48 Interstate 50 feet
feet Highway 1-10 • Other billboard on
nearest the same side of
sign thoroughfare -1,500
feet
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 1-10 corridor is definited as 1,000 feet from the Interstate Highway I-10 right-of-way.
'• Billboards of any kind are only allowed in the Commercial (C-1, C-2) and Industrial (IN) zoning districts
-14"'
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:
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. Desfg .ar, aws, . oof style �-arm-egat,. als, and architectural style of the detac -5haU
h^ ,as;stea~ wits he 0�-el..e:^!^ elwel-'..gAccessory dwellings shall be site -built or attached to a concrete
slab and shall Jae 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.
— 15 -
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.
6:7. In -home daycare
7-8_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.
"16^'
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.
—17^'
7.05.07 - Food Truck Sites
A. Sites ctes g.;ate4-te maintaining one oe more than one stationary food truck space , 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 i servi z sm ehib#ee-.
4 3. 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.
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.
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.
-c. Food Truck Sites locateu n the Downtown Overlay District shall be exempt from the landscaping
requirements c ' m _ ,,s well as the above additional landscaping requirements.
&S. 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.
6_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.
8,7. 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.
5 :. Food trucks housed on approved food truck sites are required to have a City BTR but are not required any
other City permits.
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.
14,10. 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.
1-2-11. 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.
—18^'
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.).
19
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 Id from any new public or private rights -of -
way created as mart o townhouse proiect.-
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.
— 20 —
7.06.00 - TEMPORARY USES
7.06.01 - Temporary Vendors
AA.Applicabilbty. 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. Temorary vendors conducting retail sales or displays in conjunction with a ce,,,iitted special event are exempt
from the requirements of this section.
A.C. Temporary vendors conducting retail sales or displays are not permitted on public property unless in coniunction
with a permitted sPecial event.
&D. Unless otherwise specified, temporary uses subject to this section shall not exceed fifteen (15) days in any one
(1) month.
&E_Temporary vending permits expire one (1) year after approval.
8 F_A temporary vending permit shall be required for any temporary vendor operating within the City limits of
Crestview.
€G. 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. A signed and notarized hold -harmless agreement.
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.
—21—
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 where the property abuts more than one existing street or right-of-way, there
shall be at least two connections made to any existing public streets or rights of way.
4, If such conditions cxist that preclude this pessibility (swsh-aswet a^••^�; ^
uration to provide -a means of ingress
cctor shall have the final aproval aatherity on all street is/o'
designs.
3-1. 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
Major collector
Minor arterial
Major arterial
20
100
150
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.
-22^'
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
five (25) feet from the righ4 of way line of a strc.at intersection be located no closer to the right-of-way
line of a street intersection than the required or effective front setback distance from such right-of-
way
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.
— 23 —
9.01.09 — Condemnation Relief.
A. Intent. It is the intent to provide relief to the owners of land affected by roadway condemnation by allowing a
relaxation of reauirement of land use regulations which are necessary for reasonable use of the orooertv and
to provide relief where. as a result of land acquisition for condemnation purposes. substandard parcels are
created, existine structures are rendered nonconformine. available oarkine area reduced. or use of property is
otherwise curtailed.
6. Applicability. This is meant to be applied where strict enforcement of this Land Development Code would have
the effect of increasing the cost of land acouisition to the condemning authority and/or causine hardship to the
landowner.
C Requirements.
1. Existing use areas which are not within the part taken. but. because of the taking. do not comply with the
setback, buffer. minimum lot reouirements. lot coverage. stormwater management. parking. open space.
and landscape provisions of this Unified Land Development Code. shall not be required to be reconstructed
to meet such reauirements and the remainders shall he deemed thereafter to be conformine properties.
The exemption thus created shall constitute a covenant of compliance running with the use of the land.
2. Anv conforming building. vehicular use area. or other permitted use taken either totally or partially may be
relocated on the remainder of the site without being reauirid to comply with the setback and other
provisions of this Unified Land Develooment Code except that the relocated building. vehicular use area. or
other permitted use shall be set back as far as is physically feasible without reducing the utility or use of the
relocated building. vehicular use of the relocated building. vehicular use area. or other permitted use below
its °retaking utility or use. The exemption thus created shall constitute a covenant of compliance running
with the land.
3. Anv orouerties in category (C1111 or (C((2( of this section which are thereafter destroyed. or oartiallv
destroyed. may be restored.
4. As to the exemptions in subsections (C1(1( and (C1121 of this sectioneither the condemning authority or the
landowner or both of them. after Droner notification to the land owner. may apply in writing to the director
for a determination that the erantine of the exemption will not result in a condition dangerous to the health.
safety. or welfare of the general public. The director shall. within 30 days of the filing of the application.
determine whether or not the waiver of the setback reouirement granted by this section will endanger the
health. safety. or welfare of the general public. If the director determines that the erantine of the exemption
under this section will not constitute a dancer to the health. safety. or welfare of the general public. the
director shall issue a signed letter to all parties granting waivers. The letter shall specify the details of the
waiver in a form recordable in the public records of the city. If the application is denied. the director shall
issue a signed letter to the aonlicant specifying the soecific health or safety eround un on which the denial
is based.
5. Anv development permits or variances necessary to relocate building. vehicular use areas. or permitted
uses taken or partially taken can be applied for by the condemningauthority and/or landowners and
administratively granted for the property in auestion.
6. Anv leeally nonconforming existine land use which. as a result of the taking or reconstruction necessitated.*
by the taking. would be reouired to conform shall continue to be a leeally nonconforming land use.
—24^'
1 Formatted