§ 4.04.00. Site plan approval.  


Latest version.
  • Wherever in this ordinance site plan approval is required, the following procedures and requirements shall be followed; except where an interior use change does not result in exterior additions, provided, however, that when additional parking is required pursuant to this ordinance, as a prerequisite to any change of use, or the addition to any multiple-family or commercial building or structure, site plan approval shall be required.

    4.04.01. General procedure.

    All applications shall include a verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for site plan approval is sought, except publicly held corporations whose stock exchange is traded on a nationally recognized stock exchange in which case the name and address of the corporation and principal executive officers will be sufficient.

    A.

    Application form. Such application shall be in a form substantially in accordance with the form prescribed by the county planner (director, community planning, zoning and development division), copies of which may be obtained from the community planning, zoning and development division. A written power of attorney authorizing a person other than the owner(s) to sign such application must be attached to and accompany said application and submitted to the community planning, zoning and development division.

    B.

    Application fee. A fee shall be required for filing said application in amounts specified by the county commission. A schedule of such fees shall be maintained in the community planning, zoning and development division.

    C.

    Department review. The application shall be forwarded to the county building department and such other departments as may be pertinent. Departments shall then proceed to make appropriate studies and/or reviews and take into consideration the recommendations of other county departments concerned with the attendant problems including by [but] not limited to waste water systems, refuse collection, surface water drainage, water supply, fire protection, buffering for abutting residential properties, pedestrian and vehicular access, internal circulation and vehicular parking, and such other requirements as the county planner deems applicable to make an appropriate evaluation. The evaluative comments shall then be forwarded to the county planning and zoning division for appropriate action. This shall be done with deliberate haste by all departments so as to prevent inconvenience and delay to the project.

    D.

    Site development. The site plan permit number shall be displayed prior to commencing land disturbing activities. The site plan permit number shall be visible from the road and be displayed at all times.

    E.

    An applicant for a site plan located in whole or part within a Military Airport Zone shall submit a copy of the site plan and any supporting documents to the military representative who serves as an ex officio member to the local planning board at the time application is delivered to Santa Rosa County. The military representative will have ten (10) days to review the plans and submit written comments to the planning and zoning director. The planning and zoning director shall not approve or recommend to approve any site plan until he has received and reviewed written comments prepared by the military representative.

    4.04.02. Conformance with ordinance and comprehensive plan required.

    Any building, structure or use shall be erected, altered, installed and/or maintained in full conformity with the provisions of this ordinance, with the site plan approved by the community planning, zoning and development division and with the adopted Comprehensive Plan of Santa Rosa County.

    4.04.03. Considerations in reviewing site plans.

    A.

    Site location and character of use. The zoning districts including bulk regulations, general provisions and the list of permitted accessory and conditional uses, the adequate provision for public services, off-street parking, landscaping, required open spaces, yards and building setbacks and conformance to performance standards shall collectively be the principal guide in determining the suitability of the location of the proposed use. However, the density or intensity of the proposed use shall be compatible with adjacent uses, and the following factors shall be considered as well:

    1.

    Residential density. The gross density (i.e. units per gross land area of site) of specific site plans and subdivisions shall be compatible with the established range of densities within the impacted area and as established by the adopted Comprehensive Plan. Densities in the higher limits of respective ranges are reserved for sites with the following characteristics:

    a.

    Sites within highly accessible portion of the district nearest major thoroughfares or minor collectors as opposed to internal residential streets;

    b.

    Sites abutting the boundary of less restrictive districts where development of relatively higher intensity is permitted. (Similarly, lower densities should be maintained near the boundary of more restrictive districts in order to provide for orderly land use transition and to protect the character of established neighborhoods);

    c.

    Sites serviced by a sufficient system of public services including, but not limited to, improved streets, sanitary sewerage, and storm sewers or other effective system for managing storm water run-off; and

    d.

    Sites having natural features including topography, soils, hydrology, and other natural features which are adaptive in the more intense development.

    2.

    Intensity of non-residential development. In reviewing non-residential development the intensity of the use shall be determined by applying bulk regulations, performance standards and by limiting the amount of impervious cover to a maximum of eighty-five (85) percent.

    B.

    Appearance of site. The appearances of sites and structures shall be coordinated for the purpose of creating a pleasing and harmonious overall effect. The choice of building materials, plant materials, colors, lighting and other building site improvements shall be commensurate with the objectives of the subject use without generating adverse visual impact on surrounding properties or transportation corridors. The purpose of the guidelines is to ensure that the corridor develops at the highest quality level of development. The result will be an attractive environment which appeals to both residents and visitors, who in turn, will find this a more desirable area in which to live, work, shop and visit.

    In the HCD zoning district, standing seam or ribbed metal siding facade is not permitted on any side of a structure that is parallel to or is less than a 90-degree angle to any roadway listed in Comprehensive Plan Policy 4.1.B.5. This requirement does not apply to development within the Rural Protection Zone as identified in the 2007 Rural Development Plan and as subsequently revised.

    Architectural style or design is not restricted. Evaluation of a project shall be based on the quality of its design and relationship to the impacted area considering the following factors:

    1.

    Mechanical equipment or other utility hardware (including satellite receiving dishes) other than antennas and stacks on roofs shall be harmonious with the building or they shall be located and/or screened (in compliance with Section 7.02.05 relative to fences and walls) so as not to be visible from any public ways within the impacted area, except as provided for in Section 7.02.07.

    2.

    Refuse and waste removal areas shall be screened (in compliance with Section 7.02.05 relative to fences and walls) from adjacent properties and public ways by appropriate fences, wall or hedges. In cases where dumpsters must be located in areas highly visible from any public right-of-way, the county planner shall be authorized to require appropriate vegetative or structural screen to shield an unsightly condition.

    3.

    All businesses, services or manufacturing or processing shall be conducted within completely enclosed buildings in the M-1 district and more restrictive districts. If the planning and zoning division determines that a demonstrated necessity exists for outside storage or display due to the impracticality and unreasonableness of enclosure of such service, then such storage and display areas or yards shall be screened in compliance with Section 7.02.00 et seq. of this ordinance.

    4.

    Exterior lighting shall be so arranged as to shield or deflect the light from adjoining properties and public streets. Performance standards of this ordinance shall be complied with.

    C.

    Access, internal circulation and off-street parking.

    1.

    In determining whether the criteria of this section are met, the county planner shall consult with the Florida Department of Transportation, the county public works director, the county engineer, and any other relevant county departments or state and federal agencies as deemed necessary. Driveways and areas for the parking and internal circulation of vehicles shall be located, designed and controlled so as to provide for safe and convenient access to and from adjoining public and private streets and rights-of-way. The applicant for site plan approval shall provide vehicular access in accordance with Florida's Department of Transportation Standards and Santa Rosa County standards. In addition to the requirements of this section, the requirements of Article 7 shall be applied for off-street parking and loading. Among factors to be considered shall be the number and location of access drives connecting to adjacent streets, the location and width of driveways and access aisles to parking spaces, the arrangement of parking areas, turning lanes at appropriate locations and means of access to buildings for fire-fighting apparatus and other emergency vehicles.

    2.

    Parking areas: Parking areas and driveways shall be clearly identified and separated from principal pedestrian routes by curbs, pavement markings, planting areas, fences or similar features designed to promote pedestrian safety.

    a.

    Parking lot aisle lane widths shall be a minimum of sixteen (16) feet for a one-way aisle and a minimum of twenty-four (24) feet for a two-way aisle. These widths may be reduced by two (2) feet should confines of the site dictate or in an effort to achieve another public purpose. The planning director may determine that another width is more conducive to public safety.

    b.

    Principle pedestrian routes within a parking lot shall be identified using pavement markings, signage or special payers.

    c.

    The turning radii on all landscape islands shall be at least four (4.0) feet, and the turning radii of all internal drives shall be no less than ten (10) feet. Parking islands may be delineated with landscape timbers without consideration for the required radius in Impact Fee Area 1 (Rural).

    d.

    Stop signs, painted pavement messages, directional arrows and/or other pavement markings shall be used to control circulation and the direction of travel within a parking lot.

    3.

    Corner lots shall provide vehicular access to adjoining lesser classified roadways when the following conditions are met:

    a.

    Granting the access point will improve safety or traffic circulation along the higher classified road for vehicles, pedestrians, and/or bicycles; and

    b.

    The access point will not create a safety hazard or significantly impact vehicles, pedestrians, and/or bicycles utilizing the lesser classified street; and

    c.

    The access point will not direct traffic onto a primarily residential portion of the lesser classified road.

    When access is granted pursuant to these conditions, improvements to the lesser classified road shall be required in accordance with the impact of the proposed development. These improvements can include, but are not limited to, pavement enhancement and reinforcement, signal retiming and turn lane additions and/or extensions. For the purpose of this section, classification shall follow the following hierarchy from highest to lowest; arterial roads (major and minor), collector roads (major and minor), and local roads.

    4.

    Turn Lanes: Development proposals shall provide turning lanes as required according to county specifications and shall be coordinated with the Florida Department of Transportation, as appropriate. Volume warrants for turn lanes shall be based on total peak hour trips generated by the development's use as follows:

    Roadway Right Turn Left Turn
    State
    4-lane and 2-lane 50 peak hour trips 40 peak hour trips
    County
    Projected AADT > 4000 50 peak hour trips 40 peak hour trips
    Projected AADT < 4000 75 peak hour trips 40 peak hour trips

     

    See LDC 4.04.03(D) for the specific roadways that will require turn lane analysis.

    5.

    In order to reduce turning movements on roadways that have not been designated as an access management corridor in Section 4.04.03(D), connection spacing to development sites shall be as shown below. The posted speed limit for all roadway segments which abut the development parcel(s) must be shown on site plan for the development.

    Posted Speed Limit
    {MPH)
    Connection Spacing
    (Feet)
    >45 300
    35—45 185

     

    6.

    Driveway standards: Driveway design features shall be considered as shown in the graphic below.

    4-04-03-C01.png

    Driveway Design Features

    Source: Adapted from FDOT Driveway Handbook, March 2005

    a.

    All commercial uses that require submittal of a site plan shall provide a [paved] driveway apron extending from the edge of the existing roadway to the right-of way line. The paying may be composed of asphalt and/or concrete and be in accordance with structural/geometric standards on file in the office of the county engineer. Non-conforming accesses shall be subject to the provisions of section 4.04.03(D)(8).

    b.

    If the driveway is a one-way in or one-way out drive, then the driveway shall have a minimum width of fourteen (14) feet and maximum width of sixteen (16) feet. All one-way driveways shall have appropriate signage designating the driveway as a one-way connection.

    c.

    For an unsignalized two-way connection to a public thoroughfare, each lane shall have a width of twelve (12) feet and a maximum of four (4) lanes shall be allowed. Whenever more than two (2) lanes are proposed, entrance and exit lanes shall be divided by a median. The median shall have a minimum area of seventy-five (75) square feet and shall be a minimum of four (4) feet wide.

    d.

    Driveways that enter the public thoroughfare at traffic signals must have at least two (2) outbound lanes (one for each turning direction) of at least twelve (12) feet in width, and one (1) inbound lane with a twelve (12) feet width.

    e.

    Driveway grades shall conform to the requirements of FDOT Standard Index #515, Roadways and Traffic Design Standard Indices, latest edition.

    f.

    Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. In order to provide a clear view of intersecting streets to the motorist, there shall be a visibility triangle formed by two (2) intersecting streets, or the intersection of a driveway and a street, as shown in the graphic below. Nothing shall be erected, placed, parked, planted or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and ten (10) feet above the grade within the sight visibility triangle.

    4-04-03-C02.png

    Sight Distance

    Source: FDOT Site Impact Handbook, April 1997

    g.

    Sight distance from a driveway intersection shall be protected, as illustrated in the graphic above. The length of the sight distance shall be determined by the posted speed limit for the roadway as shown in the table below:

    Speed Sight Distance
    (feet)
    35 470
    40 580
    45 710
    50 840
    55 990
    60 1150

     

    The sight distance requirements on roadways under state jurisdiction shall comply with the requirements developed by the Florida Department of Transportation (FDOT).

    h.

    Driveways should not interfere with acceleration or deceleration lanes and tapers. Parking areas should not interfere with the functional area of the driveway.

    i.

    Driveway radius, width, flare and angle shall be adequate to serve the volume of traffic and provide for rapid movement of vehicles off of the public thoroughfare, but shall not be so excessive as to pose safety hazards for pedestrians, bicycles or other vehicles. Ingress/egress driveways shall follow the standards shown in the table below, unless the planning director deems a variation is necessary to enhance public safety. Channelizing medians shall be required for two-way driveways with a radius greater than thirty-five (35) feet and/or with a width of thirty-six (36) feet or greater. For the purposes of this section, "urban" shall mean curb and gutter roadway design and "rural" shall mean flush shoulder roadway design.

    Trips Per Hour (Trips Per Day)
    Design Feature
    1-5
    (1—20)
    6-60
    (21—600)
    61—400 (601—1,000)
    Flare (Drop Curb) 10' min
    (Urban only)
    10' min
    (Urban only)
    Return
    (Radius)
    Urban N/A 10'—35' 25' min. 50' std. 75' max
    Rural 15' min. 25' std. 50' max 25' min. 50' std. 75' max 25' min. 50' std (or 3 curves)
    Angle of Drive 60°—90° 60°—90°
    Island/Traffic Separator 4' to 22' feet wide; 75 square feet minimum 4' to 22' feet wide; 75 square feet minimum

     

    j.

    Driveway throat length shall be designed in accordance with the standards listed below. The intent of these standards is to prevent vehicles from backing to the flow of traffic on the public street or causing unsafe conflicts with on-site circulation. The measures provided in the table below are to be applied to the principle access to a property and are not intended for minor driveways.

    SIGNALIZED DRIVEWAYS
    UNSIGNALIZED DRIVEWAYS
    Size of Development
    Square Feet
    Throat Length
    Feet
    Size of Development
    Square Feet
    Throat Length
    Feet
    Greater than 250,000 250 Greater than 50,000 65
    200,00 to 249,999 200 25,000 to 49,999 45
    150,000 to 199,999 150 Less than 25,000 30
    100,000 to 149,999 100
    Less Than 100,000 square feet 75 Feet

     

    k.

    Driveways with directional restrictions, such as right in/right out driveways shall have raised channelizing islands and appropriate internal directional signage. These channelizing islands shall have a minimum area of seventy-five (75) square feet and shall be a minimum of four (4) feet wide.

    l.

    New driveways on undivided roadways shall be aligned with existing and planned driveways across the roadway if physically possible. If alignment is not physically possible, then the new driveway shall be offset to the maximum extent possible. Minimum offset distances are provided below and should be adhered to unless lot layout along the road frontage makes such distances impossible to meet. In such cases the planning director, in consultation with the engineering department and the Florida Department of Transportation, if applicable, shall make a determination as to how the driveways shall be configured to optimize safety.

    Functional Class Minimum Offset
    Major Arterial 600 feet a /300 feet;sup\ sup;
    Minor Arterial 220 feet
    Major Collector 200 feet
    Minor Collector 150 feet

     

    a speed limit ′ 45 mph

    ;sup\ sup;speed limit < 45 mph

    m.

    New driveways on divided roadways shall align with existing median openings when feasible.

    n.

    All exit driveways shall have traffic control devices including stop signs, stop bars and double yellow divider lines on the centerline of the driveway as appropriate. All pavement markings shall be made using thermoplastic paint.

    7.

    Emergency access. In addition to minimum side, front and rear yard setback and building requirements specified in this Code, all buildings and other development activities, such as landscaping, shall be arranged on site so as to provide safe and convenient access for emergency vehicles.

    8.

    All development including single family residential construction and driveway construction, connecting to county roads shall obtain a permit from Santa Rosa County prior to construction of a driveway connection.

    Failure to obtain a driveway permit prior to construction of any driveway connection or failure to construct a driveway connection in compliance with said permit shall constitute a violation of this ordinance. Nothing in this section shall be deemed to deny access to any private property.

    D.

    Access management corridors. This section shall apply to properties that abut the roadways designated in the table below. The access classification system and standards of the Florida Department of Transportation shall apply to all roadways on the state highway system. The designated roadways as shown in the table below may be amended by resolution of the board of county commissioners.

    * Turn lane analysis required for portion inside the city limits of Milton/Town Limits of Jay that is maintained by Santa Rosa County.

    Functional Class Road Number and Name Segment Limits County Turn Lane Analysis Required (Y or N)
    State Jurisdiction
    Principal Arterial I-10 (SR8) Escambia County Line to Okaloosa County Line N
    Major Arterial US 98 (SR30) Gulf Breeze City Limits to Okaloosa County Line Y
    Major Arterial US 90 (SR10) Escambia County Line to Okaloosa County Line Y
    Major Arterial SR 87S US 98 to US 90 Y
    Major Arterial SR 87N Milton City Limits to Alabama State Line Y
    Major Arterial SR 89 Milton City Limits to Alabama State Line Y
    Major Arterial SR 281 (Avalon Boulevard) US 98 to US 90 Y
    Major Arterial SR 4 Escambia County Line to Okaloosa County Line Y
    County Jurisdiction
    Arterials
    Major Arterial CR 197A (Woodbine Road) US 90 to CR 197 (Chumuckla Highway) Y
    Major Arterial CR 184A (Berryhill Road) CR 197 (Chumuckla Highway) to Milton City Limits Y*
    Major Arterial CR 184 (Quintette Road) CR 197 (Chumuckla Highway) to Escambia County Line Y
    Major Arterial CR 197 (Chumuckla Highway) US 90 to SR 89 Y
    Minor Arterial CR 191 (Willard Norris Road/Magnolia) CR 197 (Chumuckla Highway) to Milton City Limits Y*
    Minor Arterial CR 191 (Munson Highway) Milton City Limits to Alabama State Line Y*
    Minor Arterial CR 191 (Henry Street/Forsyth Street/Garcon Point Road) Milton City Limits to SR 281 (Avalon Boulevard) Y*
    Minor Arterial CR 399 (East Bay Boulevard) US 98 to SR 87 Y
    Collectors
    Major Collector CR 178 (Highway 178) CR 197 (Chumuckla Highway) to SR 87 Y
    Major Collector CR 399 (Gulf Boulevard) Escambia County Line to SR 399 (Navarre Beach Causeway) Y
    Major Collector CR 399 (Navarre Beach Causeway) CR 399 (Gulf Boulevard) to US 98 Y
    Major Collector CR 182 (Highway 182/Central School Road/Allentown Road) CR 197 (Chumuckla Highway) to SR 87 Y
    Major Collector Allentown Road SR 89 to CR 182 (Central School Road) Y
    Major Collector Luther Fowler Road CR 184A (Berryhill Road to CR 197 (Chumuckla Highway) Y
    Major Collector East Spencer Field Road US 90 to North Spencer Field Road Y
    Major Collector CR 197B (West Spencer Field Road) US 90 to CR 184A (Berryhill Road) Y
    Major Collector Hamilton Bridge Road East Spencer Field Road to Milton City Limits Y*
    Major Collector CR 197 (Floridatown Road) US 90 to Terminus Y
    Major Collector CR 197A (Bell Lane) US 90 to CR 191B (Sterling Way) Y
    Major Collector CR 191B (Sterling Way) CR 197A (Bell Lane) to CR 281 (Mulat Road) Y
    Major Collector CR 281B (Cyanamid Road) CR 281 (Mulat Road to SR 281 (Avalon Boulevard) Y
    Major Collector CR 281 (Mulat Road) SR 281 (Avalon Boulevard) to Montecito Boulevard Y
    Major Collector CR 281 (Montecito Boulevard) Mulat Road to Del Monte Street Y
    Major Collector CR 281 (Del Monte Street) Montecito Boulevard to SR 281 (Avalon Boulevard) Y
    Major Collector Anderson Lane CR 184A (Berryhill Road to CR 191 (Willard Norris Road) Y
    Major Collector Pine Blossom Road CR 191 (Willard Norris Road) to SR 89 Y
    Major Collector Glover Lane Milton City Limits to Hamilton Bridge Road Y*
    Major Collector Northrop Road Milton City Limits to CR 191 (Willard Norris Road) Y*
    Major Collector CR 87A (Langley Street) SR 87 to Whiting Field Y
    Major Collector CR 87A (East Gate Road) Whiting Field to CR 191 (Munson Highway) Y
    Major Collector CR 191A (Old Bagdad Highway) SR 281 (Avalon Boulevard) to CR 191 (Forsyth Street) Y
    Major Collector Parkmore Plaza Drive Milton City Limits to CR 191A (Old Bagdad Highway) Y*
    Major Collector Galt City Road CR 191A (Old Bagdad Highway) to Da Lisa Road Y
    Major Collector Carroll Road SR 281 (Avalon Boulevard) to Galt City Road Y
    Major Collector Commerce Road SR 281 (Avalon Boulevard) to Fairlands Avenue Y
    Major Collector Fairlands Avenue Galt City Road to Commerce Road Y
    Major Collector Da Lisa Road Galt City Road to CR 191 (Garcon Point Road) Y
    Major Collector CR 89 (Ward Basin Road) US 90 to Terminus Y
    Major Collector CR 184 (Hickory Hammock Road/Nichols Lake Road) CR 89 (Ward Basin Road) to Nichols Creek Road Y
    Major Collector CR 191A (Oriole Beach Road US 98 to Bay Street Y
    Major Collector CR 191B (Soundside Drive) US 98 to Terminus Y
    Major Collector CR 191C (Nantahala Beach Road) US 98 to CR 191B (Soundside Drive) Y
    Major Collector Bergren Road US 98 to CR 399 (East Bay Boulevard) Y
    Major Collector Edgewood Drive US 98 to CR 399 (East Bay Boulevard) Y
    Major Collector Andorra Street US 98 to CR 399 (East Bay Boulevard) Y
    Minor Collector CR 399 (Tractor Trail) SR 4 to SR 89 N
    Minor Collector CR 399 (Country Mill Road) SR 4 to SR 87 Y
    Minor Collector CR 164 (Greenwood Road) SR 89 to SR 4 N
    Minor Collector CR 87A (Market Road) SR 4 to SR 87 N
    Minor Collector CR 197A (Spring Street) CR 197 (Chumuckla Highway) to Jay Town Limits Y*
    Minor Collector CR 164 (Harvest Road) CR 197 (Chumuckla Highway) to SR 89 Y
    Minor Collector Walling Road CR 178 (Highway 178) to CR 164 (Greenwood Road) N
    Minor Collector Penton Road SR 89 to CR 178 N
    Minor Collector North Spencer Field Road CR 197B (West Spencer Field Road) to East Spencer Field Road Y
    Minor Collector Giddens Road CR 197 (Chumuckla Highway) to CR 197B (West Spencer Field Road) Y
    Minor Collector South Spencer Field Road CR 197B (West Spencer Field Road) to East Spencer Field Road Y
    Minor Collector Carlyn Drive East Spencer Field Road to Wood Run Drive N
    Minor Collector Adams Road CR 197 (Chumuckla Highway) to CR 197B (West Spencer Field Road) Y
    Minor Collector CR 197B (Norris Road) CR 197 (Chumuckla Highway) to CR 197B (West Spencer Field Road) Y
    Minor Collector Guernsey Road CR 197A (Woodbine Road) to CR 197 (Chumuckla Highway) Y
    Minor Collector Tunnel Road CR 184 (Quintette Road) to CR 197 (Chumuckla Highway) N
    Minor Collector Gardenview Road CR 197 (Chumuckla Highway) to CR 184A (Berryhill Road) N
    Minor Collector Wallace Lake Road Renfroe Road to CR 197 (Chumuckla Highway) Y
    Minor Collector Renfroe Road CR 184 (Quintette Road) to Wallace Lake Road Y
    Minor Collector Pace Road CR 197 (Chumuckla Highway) to CR 197B (West Spencer Field Road) N
    Minor Collector White Road CR 197B (West Spencer Field Road) to East Spencer Field Road Y
    Minor Collector Diamond Street US 90 to Auckland Road Y
    Minor Collector Pace Lane US 90 to Landmark Lane Y
    Minor Collector Mulat Road CR 281 (Montecito Boulevard) to Bayside Boulevard Y
    Minor Collector Windham Road Hamilton Bridge Road to Pine Ridge Drive Y
    Minor Collector Pine Ridge Drive Windham Road to CR 187A (Berryhill Road) N
    Minor Collector Mary Kitchens Road SR 281 (Avalon Boulevard) to CR 191 (Garcon Point Road) Y
    Minor Collector CR 191C (Robinson Point Road) All Y
    Minor Collector North Airport Road US 90 to Old Stagecoach Road N
    Minor Collector South Airport Road CR 89 (Ward Basin Road) to US 90 Y
    Minor Collector Radio Road CR 89 (Ward Basin Road) to South Airport Road N
    Minor Collector John Hamm Road SR 87S to Terminus N
    Minor Collector Cox Road US 90 to SR 87S N
    Minor Collector Bay Street Laurel Drive to Terminus N
    Minor Collector Fortworth Street Avenida del Sol to Frontera Street N
    Minor Collector Laredo Street Frontera Street to Ortega Street N
    Minor Collector Granada Street US 98 to Laredo Street N
    Minor Collector Ortega Street US 98 to Laredo Street Y
    Minor Collector High School Boulevard SR 87S to Panhandle Trail N
    Minor Collector Panhandle Trail High School Boulevard to US 98 N

     

    All properties fronting on roadways that have been assigned an access management corridor designation shall be entitled reasonable access to public thoroughfares, "Reasonable access" means the minimum number of connections necessary to provide safe and efficient ingress and egress to the roadway. All lots of record or parcels subject to a contract for deed or purchase, as of the respective effective dates of this section, and fronting on those thoroughfares designated in the above table, shall be entitled one (1) driveway/connection per parcel on said public thoroughfare(s). For purposes of this section, contiguous lots under single ownership shall be considered a single parcel.

    When a lot or parcel is subdivided, either as metes and bounds parcels or as a recorded plat, all access to newly created lots shall be internalized using a shared circulation system via the permitted access connection(s). The number of connections to the roadway shall be the minimum number necessary to provide reasonable access, not the maximum available for that frontage. The planning director may consider these factors in determining the need for multiple access connections for a development: 1) separation of standard vehicles from heavy trucks or emergency vehicles; 2) two (2) one-way connections that in combination serve ingress and egress to the development; and 3) multiple connections enhance the safety of the abutting roadway and improve the on-site traffic circulation. Single-family residential or duplex development, whether on existing lots of record or on newly created lots, shall provide for a turnaround area if a direct driveway connection is permitted to an access management roadway.

    All access to outparcels shall be as direct as possible, avoiding excessive movement across parking aisles and queuing across surrounding parking and driving aisles. Access points shall not be located on major access drive aisles. Outparcels shall be served by a private access drive and shall provide for joint and cross access, shared parking and pedestrian interconnectivity. In addition, the developer shall make improvements to common driveways in accordance with the development's impact as needed.

    (1)

    Access management system and standards. The following access management system has been developed for roadways under state and local jurisdiction:

    a.

    Access management standards shall be applied in accordance with the functional classification of a roadway as defined in the table above.

    b.

    The spacing requirements for driveway connections for parcels located on access management corridors will be as follows:

    1.

    All roadways under state jurisdiction will meet the access management spacing requirements of the State of Florida and of Santa Rosa County. If the State of Florida requirements are less restrictive, then the requirements of Santa Rosa County may be waived at the discretion of the planning director and the county engineer.

    2.

    All roadways under county jurisdiction will meet the following spacing requirements:

    Roadway Classification Connection Spacing
    (in feet)
    Principle Arterial
    (Interstate Highway)
    Interchange Only
    >45mph <45mph
    Major/Minor Arterial 660 440
    Major Collector 440 245
    Minor Collector 300 185

     

    (2)

    Connection spacing. Connection spacing shall be measured from the closest edge of the pavement to the next closest edge of the pavement. Where construction plans are available for the widening, relocation, or other improvement is indicated in an adopted transportation plan or the Florida Department of Transportation Five-Year Work Program, the projected future edge of the pavement of the intersecting road shall be used in measuring connection spacing.

    (3)

    Corner clearance.

    a.

    Corner clearance for connections shall meet or exceed the minimum connection spacing requirements for the roadway.

    b.

    New connections shall not be permitted within the functional area of an intersection or interchange. Where no other alternative accesses exist, such as joint use driveways or cross access, the county planner may allow construction of an access connection along the property line furthest from the intersection. In such cases, directional connections may be required. Site plans for developments which are located near intersections shall demonstrate the functional area of the intersection.

    c.

    In addition to the required minimum lot size, all corner lots created after the effective date of this section shall be of adequate size to provide for required front yard setbacks and corner clearance on street frontage.

    (4)

    Joint and cross access.

    a.

    Development which meets either condition below shall provide a system of joint use driveways, cross access easements and pedestrian pathways to allow circulation between sites. Commercial or multifamily development which is adjacent to vacant property shall make provision for cross access to the vacant property.

    1.

    Development or subdivision of commercial or multifamily parcels; or

    2.

    Residential minor subdivisions when the frontage for the resultant lots or parcels is not large enough to meet the required connection spacing.

    b.

    For development which is required to provide joint and cross access under this section, the development site shall incorporate the following:

    1.

    A system of joint use driveways or cross access drives to provide for the spacing and separation consistent with the access management system and standards. Cross access drives shall consist of a continuous service drive or cross access corridor extending the entire length of each parcel of the development. For commercial and multifamily development, the service drive shall have appropriate turn lanes with storage and visible areas for pedestrian access;

    2.

    For commercial or multifamily development, a design speed of ten (10) mph and sufficient width to accommodate a minimum of two-way travel aisles designed to accommodate automobiles, service vehicles, and loading vehicles; for residential minor subdivisions, a driveway of sufficient width designed to accommodate adequate ingress and egress to all properties served;

    3.

    Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to the cross access or joint use drive;

    c.

    A unified access and circulation system that includes coordinated or shared parking areas is encouraged wherever feasible. Shared parking shall be in accordance with Article 7.

    d.

    Pursuant to this section, property owners shall:

    1.

    Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;

    2.

    Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners.

    3.

    Record a non-access easement along the access management roadway.

    e.

    Joint and cross-access easements and service drives as required under this section are not intended to be publicly maintained.

    (5)

    Bicycle and pedestrian access. Safe and convenient pedestrian ways shall be provided between parking areas and from the building entrance to surrounding streets, existing external sidewalks and development outparcels. Commercial and multifamily development shall be designed to support bicycle and pedestrian mobility in accordance with the following:

    a.

    Pedestrian circulation shall be provided between abutting commercial properties where appropriate through the use of walkways and similar pedestrian-oriented facilities.

    b.

    Pedestrian and bicycle facilities may be incorporated into the required landscape buffer.

    (6)

    Interchange areas. Interchange areas will be subject to special access management requirements to protect the safety and operational efficiency of the limited access facility. The distance to the first connection shall be at least six hundred sixty (660) feet where the posted speed limit is greater than forty-five (45) mph or four hundred forty (440) feet where the posted speed limit is forty-five (45) mph or less. The minimum distance to the first median opening shall be at least one thousand three hundred twenty (1,320) feet. This distance shall be measured from the end of the taper for that quadrant of the interchange.

    (7)

    Site plan information. A site plan for all properties within designated access management corridors shall supply the following information in addition to all other requirements:

    a.

    Location of all existing and proposed driveways, curb cuts and median openings within the minimum connection distance specified for the roadway's access management classification, to be measured from any property corner which is located along the right-of-way for any designated access management corridor.

    b.

    The following distances shall be noted: Distance between driveways, corner clearance and median opening spacing.

    c.

    The posted speed limit for all roadway segments which abut the development parcel(s).

    (8)

    Non conforming access features. Permitted access connections, which exist as of the date of adoptions of this ordinance that do not conform with the standards herein shall be designated as nonconforming features and shall be brought into compliance with applicable standards under any of the following conditions:

    a.

    When new access connection permits are requested;

    b.

    When the cumulative square footage of all enlargements or improvements are at least fifty (50) percent of the existing floor area or impervious surface area;

    c.

    When a change in use, addition of square footage or remodel will result in a twenty-five (25) percent increase in trip generation.

    d.

    As roadway improvements allow.

    (9)

    Intergovernmental coordination. Any application that involves access to the State Highway System shall be reviewed by the Florida Department of Transportation (FDOT) for conformance with state access management standards. A Notice of Intent to Permit an access connection is not a final connection permit and does not constitute approval from Santa Rosa County, Santa Rosa County, in coordination with FDOT, may require modifications to property access during development review in accordance with county policies and regulations governing land development and inter-parcel circulation.

    (10)

    Variance standards. Variances to these standards may be granted by the board of adjustments where the effect would be to enhance the safety or operation of the roadway. Examples include, but are not limited to, a pair of one-way driveways in lieu of a two-way driveway, or alignment with a median opening(s).

    E.

    Open space and landscaping.

    1.

    Open space and spaces between buildings required by this ordinance shall be located and improved so as to reasonably serve the purposes for which the requirements are intended. These purposes include provisions of adequate light and air, appropriate separation between buildings and uses, enhancement, privacy, sufficient area for recreation and leisure pursuits (in residential areas) and to facilitate surface water drainage.

    2.

    The Landscape Performance Standards and provisions of each section shall be satisfied as well as provisions concerning protection of trees and the natural landscape of the site as to prevent excessive change in existing character, storm water run-off, erosion, siltation and dust.

    3.

    In order to maintain stability of residential areas, non-residential development within or abutting residential districts and multiple family development abutting single family residential districts, shall provide a six (6) foot wall or fence in accordance with Section 7.02.05.

    In addition, one (1) tree shall be provided for each forty (40) linear feet or fraction thereof of such barrier and must consist of species from the Planning Department's Replant List. Each tree planted shall be in accordance with the minimum size criteria stated in Section 7.02.02(D)(3). Each planting area shall be landscaped with grass, ground cover or other landscape material excluding paving in addition to the required trees and screening material. Credit may be given for existing plant material against the requirements of this paragraph.

    4.

    For new subdivisions, provisions for street tree plantings in Article 7, Performance Standards, shall be satisfied.

    F.

    Flood prone land. Construction in flood prone areas shall comply with the County Flood Hazard Prevention Regulations as defined within Article 10 of this ordinance.

    G.

    Provision of adequate public services. Appropriate facilities for providing potable water, sanitary sewerage collection, solid waste disposal, surface water drainage and fire protection shall be incorporated in the site plan. These facilities shall be reviewed by appropriate county departments. The evaluative comments of department heads shall be provided to the planning director to facilitate the department review. A concept plan for drainage of stormwater run-off supplied by the applicant shall be approved by the county engineer prior to approval of a site plan by the county planning department. On site retention facilities shall be required to meet stormwater quality standards. Prior to application for a building permit, a detailed drainage plan prepared by a professional engineer, registered in the State of Florida, shall be approved by the county engineer. A Florida registered professional engineer shall certify that the drainage plan has been appropriately implemented prior to the issuance of certificate of occupancy (see Sections 4.03.06(F) and 4.03.07(E)). Drainage plans shall not be required for site plans with a total impacted area of less than fifteen hundred (1,500) square feet.

    In order to control stormwater runoff and minimize impact on existing county drainage facilities and further to aid in the protection of the quality of ground and surface water, the conceptual and detailed site drainage plan shall include at least the following provisions:

    1.

    The site drainage plan shall include practical means of reducing the amount of pollution generated by the project to a level compatible with current Florida Water Quality Standards found in F.A.C. chs. 17-2, 17-3, 17-4, and 17-6; (i.e., Department of Environmental Protection Minimum Standards). Such standards shall be met including the retention and disposal by percolation of at least the first one (1) inch of runoff within seventy-two (72) hours. Systems utilizing filter systems shall provide the recovery in thirty-six (36) hours. Skimming devices shall be required. Calculations must also demonstrate that the pond can percolate the entire retention volume within three hundred sixty (360) hours. Only the pond bottom surface area is to be considered the infiltration area. A safety factor of 2 is to be used when determining the design percolation rate. One-half (½) foot of freeboard above the maximum calculated high water elevation for the applicable design storm shall be provided in all ponds.

    2.

    On-site retention and detention storage shall be provided for the increased storm water run-off from the proposed development and offsite contributing areas for all critical duration design storms up to and including, the twenty-four (24) hour, one hundred (100) year frequency storm. The drainage facilities shall provide a release mechanism to limit the storm water run-off peak rate and timing from the storage facility to that which would have been expected from the development site under natural or pre-developed conditions for a one hundred (100) year critical duration storm. Drainage systems in areas with no positive drainage outlet shall be designed to a more stringent criteria to include the retention of the twenty-four (24) hour, one hundred (100) year frequency storm event with no offsite discharge. Rainfall intensity-duration information for calculating runoff shall be based upon the curves prepared by the Florida Department of Transportation, Zone 1 area. The CE may decrease the allowed release rate for those developments which have documented significant downstream stormwater impacts to predevelopment stormwater runoff rate from a ten (10) year storm.

    The C.E. may reduce the detention storage requirement for developments that provide a direct storm-water discharge to the Gulf of Mexico, Santa Rosa Sound, Escambia Bay, East Bay, Blackwater Bay, East River, Yellow River, and Blackwater River and provide one-inch retention volume and recovery.

    3.

    The drainage facilities shall be designed to accommodate off-site and on-site stormwater runoff contributions. The stormwater management plan data shall consist of, at least: inflow hydrographs, velocities, evidence of a positive drainage outlet, flood routing calculations and storage recovery calculations based upon current site percolation tests.

    4.

    All stormwater management plans shall be so designed, signed and sealed by a Florida registered professional engineer. The building department shall not issue any construction permit without the stormwater plan approval from the county engineer's office.

    5.

    A Florida Department of Transportation Drainage Connection Permit (or proof of exemption) pursuant to Rules of the Department of Transportation, Chapter 14-86, "Drainage Connections" as now exists or hereafter amended, shall be obtained prior to application for a building permit and submitted to the planning and zoning division.

    H.

    Additional considerations. The county planning and zoning division may require additional information to be provided by the petitioner for site plan review in order to carry out a review process which is necessary to fulfill the purpose, intent and spirit of this ordinance. The CE or planning director may require a detailed drainage plan or certified boring and soils tests prior to final action in order to avoid adverse environmental impacts, particularly in large scale development proposals.

    I.

    All proposed commercial and multifamily developments located in unincorporated areas of Santa Rosa County south of East River, and on Garcon Point, that are expected to generate wastewater flows of at least seven hundred fifty (750) gallons per day are subject to the following:

    1.

    A sanitary sewer collection system and transmission system meeting FDEP and local utility requirements shall be installed if sanitary sewer facilities are located within five hundred (500) feet in an abutting right-of-way or easement.

    2.

    In areas, other than Garcon Point, where sanitary sewer is not currently available due to the lack of system capacity, a "dry collection system" shall be permitted and installed in accordance with the local utility and FDEP requirements. Permits for construction of structures can be issued for development with dry collection systems provided the following:

    a.

    An onsite disposal permit is issued by HRS,

    b.

    An agreement is executed by the developer that guarantees that the structure will be tied to the central collection system within thirty (30) days after notification to the utility that sewer is available.

    c.

    The developer shall provide an escrow account to the county for the development in an amount to be determined by the county not less than three thousand five hundred dollars ($3,500.00) and sufficient to secure; the complete and proper removal of the onsite disposal system, physical connection of the structure to the central collection system, payment of tap fees, and restoration of all disturbed areas. The tap fee payment may be made directly to the utility and the escrow amount may be reduced by the tap fee amount.

    3.

    If the cost of constructing the sewer system extension to the utility involves extraordinary costs such as water way crossings, wetland crossings, extensive land clearing, etc., the developer or the utility may petition the board of county commissioners for an exemption from the requirement to connect the development to utility.

    J.

    Single family dwelling and duplex development storm water control.

    1.

    All single family dwelling and duplex development activities, shall maintain erosion control measures so as to prevent sediment or debris from leaving the development parcel. Any sediment or debris that leaves the development site shall be properly recovered by the building permit holder.

    Failure to comply with this requirement shall constitute a violation of this ordinance and shall be cause for suspension of a building permit or development order.

    4.04.04. Approval by the county planning, zoning and development department.

    The county planning, zoning and development department shall not approve any site plan unless it finds that such site plan conforms to all applicable provisions of this ordinance, that the safety and convenience of the public are properly provided for, that adequate off-street parking and loading facilities are provided owners, tenants, visitors and employees, and that adequate protection and separation are provided for contiguous and nearby residential property. Further, site plan approval is contingent upon the applicant meeting the tests for concurrency.

    4.04.05. Approval subject to conditions.

    The county planning, zoning and development department may attach to its approval of a site plan any reasonable conditions, limitations or requirements which are found necessary, in its judgment, to effectuate the purpose of this section and carry out the spirit and purpose of the Zoning Ordinance.

    4.04.06. Information included on site plan.

    For structures and uses of fifteen hundred (1,500) square feet or more of floor area or impervious surface area, whichever is greater, all architectural and/or engineered designs must be prepared by a professional architect or engineer registered in the State of Florida pursuant to Florida Statutes [Chapter] 471. All other structures and uses must still meet the site plan requirements, however, such plans need not be designed by a professional architect and/or engineer. A site plan, for the purposes of this section, shall include, but not necessarily be limited to, the following requirements:

    A.

    Site plan with grades, finished ground floor elevations, contours, number of dwelling units, square footage of site, building coverage, square footage of paved areas, and open area.

    B.

    A scaled drawing of the sides, front, and rear of the building or structure, generalized floor plan uses and square footage of each proposed use of all buildings or structures.

    C.

    Location and character of all outside facilities for waste disposal (including dumpsters), storage areas, display, or utilities.

    D.

    All pedestrian walks, malls, yards and open spaces.

    E.

    Location, size, character, height or orientation of all signs as required in this ordinance.

    F.

    Location and general character of landscaped areas based on the criteria and performance standards set forth herein, including the location of any protected or preserved trees.

    G.

    Location and general character of all existing curb cuts, driveways, parking areas, within one hundred (100) feet of any proposed curb cuts, driveways or parking areas.

    H.

    Location, height and general character of perimeter or ornamental walls, fences or other screening devices.

    I.

    Surface water drainage facilities plan certified by an engineer registered in the State of Florida.

    J.

    Location of existing easements and rights-of-way.

    K.

    Land survey with complete legal description prepared and certified by a registered surveyor. All architecture or engineering designs must be prepared by a professional architect or engineer registered in the State of Florida pursuant to F.S. chs. 467 and 471 as exists or hereafter amended and which require an appropriate seal on the subject plan prior to issuance of a building permit and also prohibit a Florida registered architect or engineer from placing a seal on a plan not prepared or directly supervised by such a registered professional.

    L.

    For protective shoreline structures, in addition to the above, a scaled plan and an anti-erosion impact statement, certified by an engineer registered in the State of Florida with experience in beach erosion problems and solutions, shall be submitted showing the following:

    1.

    The scaled plan shall show topographic contours, identification of significant topographic discontinuities, location of existing easements, location of seaward structures on adjacent properties, and specifications of the proposed structure including:

    a.

    Cross sections of all construction including sub-grade construction and excavation with elevations.

    b.

    Specific location and alignment of the proposed protective shoreline structure relative to mean high water line upland structures, waterward structures, with measurements denoting distances separating the mean high water level, the proposed structures, and upland and adjacent structures.

    c.

    Points of tie-in with adjacent properties and waterward structures and proposed return walls.

    d.

    Anti-erosion design features including but are not limited to: toe protection (i.e. sub-graded revetment to minimize scour); wing walls and tie in with appropriate toe protection to protect wall from interior erosion; angle and alignment of wall surfaces to effectively dissipate energy of wave impact; tie backs designed to provide effective reinforcement; drainage system including use of filter cloth and weep holes; type of material to be used in construction and assurance that wood products are appropriately treated for long term preservation and stability; and sand and vegetative covers including source and [of] sand, frequency of replenishment, anticipated quality and texture, together with location and type of vegetative cover to be used to stabilize the water front area impacted by proposed development.

    2.

    The anti-erosion impact statement shall include:

    a.

    A description of the features of the site plan and proposed measures to be undertaken by the developer in order to prevent or minimize erosion of adjacent and down drift properties. This statement shall include any anticipated adverse impacts of the proposed structure and shall be thoroughly elaborated. The anti-erosion impact statement shall be certified by an engineer registered in the State of Florida with experience in waterfront erosion.

    b.

    In cases where developer does not propose to cover the wall with sand and undertake a sand replenishment program, a statement is required by an engineer registered in the State of Florida certifying that a sand cover is not possible or practical and describing conditions supportive to the judgment.

    c.

    An agreement by the department or county engineer [stating that] construction activity shall be conducted in a way which minimizes the adverse impact on the waterfront anti-erosion program.

    d.

    The county planning, zoning and development department or county engineer may request other information as is necessary for proper evaluation of a waterfront development proposal.

    e.

    An agreement by the developer that the county, its officers and employees shall be held harmless from any damages to persons or property which might result from work or activity undertaken by the developer and authorized by the county.

    M.

    All plans shall be drawn to a scale of one (1) inch equals twenty (20) feet, unless the county planner, or his designee, determines a different scale is sufficient or necessary for proper review of the proposal.

    N.

    For all multifamily residential and all non-residential development proposals, the trimline sheet size shall be at least twenty-four (24) inches by thirty-six (36) inches. A one-half (½) inch margin shall be provided on all sides except for the left binding side(s) where a two (2) inch margin shall be provided if multiple sheets are used.

    O.

    If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

    P.

    The front cover sheet of each site plan shall include:

    1.

    A general vicinity or location map drawn to scale showing the position of the proposed development in the section, township and range, together with the principal roads, county limits, or any other pertinent orientation information.

    2.

    A complete legal description of the property pursuant to subpart (K) above.

    3.

    The name(s), address(es) and telephone number(s) of the owner(s) of the property.

    4.

    The name, business address and telephone number of those individuals responsible for the preparation of the drawing(s).

    Q.

    The area of the property shown in square feet and/or acres.

    R.

    The 100-year flood elevation boundaries, the CCCL, CHHA, and Shoreline Protection Zone, where appropriate or applicable.

    S.

    Total area calculation with percentage of total site to be covered by impervious surface(s) and landscaping.

    T.

    And other information as may be required by the community planning, zoning and development division.

    U.

    Military Airport Zones and Public Airport Zones. If the plat, either part or whole, lies within any Military Airport Zone, Public Airport Zone, Clear Zone, Runway Protection Zone, or Accident Potential Zone, the boundaries of such zone shall be delineated on the plat. If the entire plat lies inside any such zone, the plat shall incorporate a statement that declares all property within its legal description lies within the applicable zone. If contiguous property is owned by a military installation or public airport, the name of the installation or airport shall be so designated.

    Any plat, or portion thereof that lies within any Military Airport Zone, Public Airport Zone, Clear Zone, or Accident Potential Zone shall include substantially similar language as that appearing in the following statement, as may apply to the property:

    "On the date this plat was recorded, all or a portion of the property appearing within this plat lies within a Military Airport Zone, Public Airport Zone, Runway Protection Zone, Clear Zone, or Accident Potential Zone. Use of or construction upon lands or waters within this plat may have additional restrictions set forth in ordinances of the Santa Rosa County Board of Commissioners or in covenants recorded in the official records of the Clerk of the Circuit Court for Santa Rosa County."

    V.

    Borrow pits and disposal facilities. Site plans for such activities shall also include:

    1.

    The identification, location, and proximity of any community or private potable water wells permitted by the Northwest Florida Water Management District; and

    2.

    The identification, location, and proximity of the nearest residential structure, paved roadway, and proposed access to the site.

    4.04.07. Modification of site plan.

    A.

    Minor changes.

    1.

    Addition of awnings, canopies or ornamental structures, redesign and different location of pools, parking spaces, drives and driveways, modifications in stairs or elevations of decks, porches, terraces and fencing;

    2.

    Addition of parking spaces not to exceed twenty-five (25) percent, including fractions thereof, of the total number of existing parking spaces or twenty (20) spaces, whichever is the lesser amount and where it can be demonstrated that existing stormwater drainage retention facilities can accommodate additional runoff generated by such addition to the parking area;

    3.

    Attached or detached additions to buildings which do not increase the floor area in excess of eight (8) percent of the ground floor area of the principal structure or five hundred (500) square feet, whichever is the lesser amount; and/or

    4.

    Installation of utility system improvements including buildings not exceeding five hundred (500) square feet.

    Approval of said changes prior to issuance of a certificate of occupancy requires authorization by the director of the building and planning departments after review and approval of the director of the building department and the planning director. If approved as a minor change, the site plan shall not be required to be returned to the community planning, zoning and development division for resubdivision.

    4.04.08. Termination, extension and transferability.

    Site plan approval shall terminate twenty-four (24) months, including those approved prior to the amendment of this section adopted on June 19, 2008, after being granted if footings have not been poured by that date. One six-month extension may be granted by the county board of adjustment (zoning review and appeals board) after that time. Site plan approval shall also automatically terminate upon revocation or expiration of a building permit issued by the building director. In the event the property receiving site plan approval is transferred, the site plan approval for an approved site plan shall be transferable.

    4.04.09. Approval, disapproval and procedure.

    A.

    Time Limit: If the application for site plan approval is complete to the satisfaction of the planning director, and all other reviewing departments, the applicant shall be notified in writing. The process for administrative site plan review shall be complete within ten (10) working days if all information has been supplied by the applicant at the time of submission of his application. Any requests for modifications to requirements herein shall require review by the board of adjustment. All information regarding the site plan review and department comments shall be forwarded to the board of adjustment along with the special request application to facilitate the board's consideration. No building permits shall be issued until the board reaches a decision.

    B.

    Upon the approval of any site plan by the community planning, zoning and development division, a building permit may be issued by the county building department; or in the case of site plans involving borrow pits or disposal facilities, a permit may be issued by the environmental management division. If approved with conditions or denied, the applicant so affected and having an interest therein, may file an appeal to the board of county commissioners to review the action of the community planning, zoning and development division in disallowing such application for site plan approval, which appeal shall be in writing and filed with the community planning, zoning and development division within ten (10) days from the date of final action of the community planning, zoning and development division. The community planning zoning and development division shall place the appeal on the board of county commissioners' agenda as expeditiously as possible. The board of county commissioners shall thereupon set a date for public hearing with regard to such appeal. After giving public notice thereof in such manner as the county commission shall prescribe, at which time all interested parties shall have the right to appear before the board of county commissioners in regard thereto, the board of county commissioners shall thereupon render its decision therein. The decision of the board of county commissioners shall be final.

    C.

    Development activity, including but not limited to clearing of property may not be commenced without a building permit. Excavation/mining, borrow pits and debris disposal facility activities may not be commenced without the applicable permit from the environmental management division. No building, excavation/mining, borrow pit, or disposal facility permit shall be issued without a final development order or land development certificate issued by the director of the planning, zoning, and development division or his designee.

    D.

    No permit shall be granted by the county building department or environmental management division until the time for appeal to the board of adjustment as herein provided, shall have expired, and when such an appeal is filed, no such permit shall be issued until after final determination of such appeal has been made by the board of county commissioners.

    4.04.10. Continuing obligation—Violations.

    Any site plan approved pursuant to this ordinance carries with it a continuing obligation to abide by such site plan. Failure to comply and continually maintain all approved elements of an approved site plan, including landscape, appearance and other site development performance standards shall be a violation of this ordinance subject to enforcement and penalties as provided herein.

(Ord. No. 93-04, § 1, 2-11-93; Ord. No. 95-25, § 1, 9-14-95; Ord. No. 96-30, § 1, 10-24-96; Ord. No. 98-17, § 1, 10-22-98; Ord. No. 99-11, § 1, 6-10-99; Ord. No. 2005-07, § 1, 4-14-05; Ord. No. 2005-10, § 1, 5-11-05; Ord. No. 2006-22, § 1, 7-27-06; Ord. No. 2007-18, § 1, 6-28-07; Ord. No. 2008-25, § 1, 6-19-08; Ord. No. 2009-22, § 1, 9-24-09; Ord. No. 2009-34, § 1, 12-10-09; Ord. No. 2010-03, § 1, 1-28-10; Ord. No. 2010-11, § 1, 3-25-10; Ord. No. 2015-08 , § 1, 4-23-15; Ord. No. 2015-15 , § 1, 7-30-15)