§ 6.04.00. General provisions.

6.04.01 Compliance with Code.

No principal or accessory building, structure or use shall be erected, reconstructed or structurally altered, extended or enlarged while such building, structure or use does not comply with all applicable regulations established by this ordinance including parking, landscaping and all other Performance Standards for the location in which the building, structure or land is situated.

6.04.02 Encroachment of Yard or Open Space.

The minimum yards and other open space provisions contained in this ordinance for each and every building hereinafter erected or structurally altered, shall not be encroached upon or considered as yard or open space requirements for any other building.

6.04.03 Number of Buildings Per Lot in Single Family Districts.

In single family districts every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one dwelling unit and the customary accessory buildings on one lot except while constructing a new dwelling on said lot in which case the old dwelling must be removed prior to permanent power or certificate of occupancy issuance or no longer than twelve (12) months after applying for initial building permit.

6.04.04 Uses and Parking of Recreational Vehicles.

As of the adoption date of this ordinance, the use of recreational vehicles as permanent living quarters is forbidden, except in duly licensed campgrounds and in P-2 districts. Unoccupied recreational vehicles may be stored in residential districts on the same lot as the principal residential structure. In addition, recreational vehicles may be used as temporary living quarters in accordance with the following:

A.

The temporary (seasonal) use of recreational vehicles (RVs) located in Agriculture or Agriculture-2 districts is permitted on parcels of at least five (5) acres in size, subject to the following requirements:

1.

The recreational vehicle must be owned by the property owner or an immediate family member.

2.

The property owner shall provide for the lawful disposal of all waste.

3.

Commercial use of recreational vehicles in Agriculture or Agriculture-2 districts is prohibited. RVs or RV space may not be leased.

4.

The recreational vehicle must adhere to the setback requirements for accessory building and structures found in Section 2.10.05.

5.

The number of recreational vehicles per parcel shall be limited to one (1) per five (5) acres.

B.

The temporary (seasonal) use of recreational vehicles located in the Agriculture or Agriculture-2 districts is permitted as a special exception on parcels less than five (5) acres in size, subject o the requirements found in Section 2.04.00.C.9.

C.

Conditional Use may be granted for recreation vehicles to be temporarily used as living quarters during a construction project, in accordance with the following Conditional Use criteria:

1.

For sites located in residential zones, the proposed use shall be used by the property owner during the construction of the primary residence.

2.

For sites located in commercial and industrial zones, the use may be allowed for security purposes during a construction project, with the maximum number of occupants of the recreational vehicle being limited to two (2).

3.

A permit is required for the temporary use of the recreational vehicle.

4.

Only one (1) recreational vehicle can be located and used as a temporary living quarter per lot of record or project parcel.

5.

An active building permit must be in place and construction must be actively underway.

6.

The recreational vehicle must be located on private property in such a way as to not interfere with the use or enjoyment of any adjacent public or private property,

7.

All waste must be disposed of in a lawful manner.

8.

All electrical or utility connections to the recreational vehicle must be properly permitted.

9.

Recreational vehicles used on properties located in flood zones must remain ready for immediate highway use.

10.

The use of the recreational vehicle as a living quarter may in no case exceed 12 months and must cease with fourteen days of the issuance of the first certificate of occupancy.

6.04.05 Continuance of Mobile Homes and Mobile Home Parks.

Those house trailers, mobile homes, and duly licensed mobile home parks existing at the time of adoption of this ordinance located in the Santa Rosa County Planning area are hereby allowed to continue pursuant to Article 9 herein, provided that they meet all applicable building, plumbing, and electrical codes as amended from time to time.

The number of mobile homes shall be limited to that number authorized by the mobile home license in effect at the time of adoption of this ordinance.

6.04.06 Temporary Buildings.

No temporary building or structure shall be erected on any lot in any district, provided however that this provision shall not be construed to prevent the erection of a temporary construction office or sales office such as normally used by contractors on or near the premises while a building or other project is under construction, provided such temporary building is removed no later than ninety (90) days from the date of issuance of a certificate of occupancy.

Tents and canopies, (a tent or canopy being a portable shelter of canvas, plastic, etc. stretched over a supporting framework of poles with ropes and pegs) used for commercial or promotional purposes may be permitted on a temporary basis as follows:

A.

Tents used for such purposes shall be allowed in the zoning district permitting those uses.

B.

Tents or canopies greater than four hundred (400) square feet must obtain Zoning and Building Department Permits. Tents or canopies four hundred (400) square feet or less must abide by the same regulations as tents and canopies requiring permits.

C.

Permits shall be limited to thirty (30) calendar days in a six (6) month period. Failure to remove such tents or canopies upon expiration of the thirty (30) day period shall constitute a violation of this ordinance.

D.

A notarized affidavit indicating permission to use the property for such purpose must be obtained from the property owner.

E.

The following assurances must be addressed prior to issuance of a permit:

1.

No nuisance, hazardous or non-safe conditions, as determined by the Building Inspector, will be allowed in conjunction with the temporary use of such tents or canopies.

2.

Vehicular parking associated with such uses shall be sufficient and vehicular traffic shall not create a safety problem.

3.

A 25 foot setback from all property lines shall be required for such structures.

6.04.07 Subdivision Sales Office.

Nothing contained in this ordinance shall be construed to prevent the owner or sales agent of a subdivision from using or occupying any house that may be constructed in said subdivision in accordance with the building code and zoning regulations as an office for the sale and promotion of lots and houses within such subdivisions only. Such operations must cease when sales in said subdivision have been completed.

6.04.08 Land Area Calculation Involving Land-Locked Water Bodies.

For the purpose of calculating land area in determining density and where natural water bodies which are completely land-locked and not a part of navigable waterways and contained within the tract of land a maximum of thirty percent (30%) of the water body may be used towards the overall land area for the project parcel.

6.04.09 Purpose, Use and Maintenance of Yards.

The purpose of yards required in this Ordinance is to provide open space around and between structures for health, safety and aesthetic purposes.

All required yards and landscaped areas where not used for parking, driveways, sidewalks or other approved structures shall be planted and maintained in lawn, sod or landscaping including flower beds, shrubs, hedges, statuary or ornamental objects. Trees shall be planted where they do not obscure the vision of the driver of a vehicle. Performance Standards shall also govern where and when applicable.

This section 6.04.09 does not apply to single family and duplex development.

6.04.10 Lands Abutting Military and Public Airports.

In situations where zoning districts abut or are adjacent to military or public airports (as identified on the Official Zoning Map), the Airport Zoning Ordinance (Article 11) shall have precedence over this ordinance. Uses permitted in this overlay district (as shown on the "Airport Ordinance Overlay District Map") shall be in substantial conformity with those provisions as set forth in the Airport Zoning Ordinance for the protection of public health, safety, welfare.

6.04.11. Restrictions on Bulk Storage of Liquefied Petroleum Gas.

No new liquefied petroleum bulk plants, as defined, shall be constructed within 350 feet of the nearest boundary of any lot or plot of ground used as a residence, dwelling house, school, hospital, church, motel, restaurant, or similar structure. No existing bulk plant, as defined, shall be expanded if such expansion would result in any of the bulk plant's being within 350 feet of the nearest boundary of any lot or plot of ground used as a residence, dwelling house, school, hospital, church, motel, restaurant, or similar structure.

6.04.12. Combination of Mobile Homes Prohibited.

No mobile home unit may be combined with or connected to another mobile home for the purpose of forming a single family residence, unless both units are designed and manufactured for the purpose of being so combined.

6.04.13. Abandoned, Derelict and Unlicensed Automobiles.

Motor vehicles that are inoperable or abandoned or that do not have a current license plate must be stored in a completely enclosed garage or behind a six (6) foot privacy fenced yard in residential districts.

6.04.14. Derelict Mobile Homes.

Mobile homes placed on property with the intent of repair to a habitable state, or mobile homes that become uninhabitable while on a lot, must be repaired to a point to a point of habitability within sixty (60) days from the date of placement, issuance of correction notice, or final disposition of insurance claim.

6.04.15. Self Service Storage Facilities.

Self-service storage facilities may include limited outside storage. Outside storage shall be limited to items such as: recreational vehicles, utility trailers, boats, cars, and small tractors. All outside storage shall be screened by an eight (8) foot privacy fence.

6.04.16. Fences and Walls.

The construction, erection and maintenance of walls and fences within Santa Rosa County shall be permitted in RR-1, R-1, R-1A, and R-1M zoning districts only as follows:

A.

Walls and fences on rear and side property lines shall be permitted to a maximum height of six (6) feet.

B.

There shall be no fences, walls, plantings or other structures or obstructions erected or maintained within twenty (20) feet of any street intersection which may obstruct the view of the motorist or otherwise cause an obstruction to traffic flow;

C.

Where a wall or fence is erected within the front setback of any lot, such wall or fence shall not be permitted in excess of four (4) feet in height, except chain link type fences, (minimum fourteen (14) gauge galvanized welded wire), which shall not be permitted in excess of five (5) feet in height.

D.

Section 7.01.10 established standards for fences and walls for multifamily, residential, commercial and industrial uses.

6.04.17. Land Area Calculation for Determining Density Involving Parcels Crossed by Prescriptive Roads.

When a parcel is crossed by a prescriptive road, the parcel area shall be reduced only by the relevant area of the prescriptive road that exceeds ten percent of the deeded parcel area.

6.04.18. Storage of Goods or Products on Rights-of-Way Prohibited.

The storage of goods, products or other items for sale on or within a public right-of-way is prohibited.

6.04.19. Livestock.

Livestock shall not be kept in any recorded subdivision located in a residentially zoned district.

"Livestock" shall include all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, ostriches, and other grazing animals. Any uses existing at the time of adoption of this provision will not be considered lawful nonconforming uses and must comply with this provision.

Livestock Exceptions:

1.

Horses - The keeping of horses shall be allowed in a recorded subdivision where the restrictive covenants provide for the keeping of horses. Additionally, horses may be kept in any recorded subdivision on a parcel two acres in size or greater, providing that the restrictive covenants do not prohibit the keeping of horses.

2.

Miniature Pigs - Miniature Pigs may be kept in any recorded subdivision providing that the restrictive covenants do not prohibit them and that the following restrictions are met:

a)

All such miniature pigs must be neutered or spayed to easily prevent behavioral and/or health problems;

b)

No more than two domesticated miniature pigs may be kept or maintained in any one dwelling unit;

c)

Miniature pigs can be no more than 24 inches tall;

d)

Miniature pigs will be tagged and registered if/when County requires for all other pets.

6.04.20. Emergency Housing Needs.

1.

Mobile homes, travel trailers or recreational vehicles may be utilized for temporary housing by individuals who have been displaced from their residences in Santa Rosa County due to damage from Hurricane Ivan, in any zoning district where single family dwellings are permitted. Setbacks for mobile home placement shall be complied with to the extent practical. Mobile homes may not be located on Navarre Beach.

All other applicable regulations shall still apply including, but not limited to floodplain management. Restrictive covenants are not subject to County regulation; therefore, this ordinance shall not impact the effectiveness of any restriction prohibiting such uses.

The use of: (a) mobile homes in zoning districts where such use is prohibited prior to the adoption of this ordinance, or (b) recreational vehicles or travel trailers as permanent residences; shall cease upon repair or reconstruction of the individual's residence or by September 30, 2006, whichever date is first.

Housing sites for multiple dwellings established by FEMA and approved by Santa Rosa County may be established in any zoning district.

2.

Notwithstanding Section 4.03.08(f) of the Santa Rosa County Land Development Code, permits for the construction of single family homes may be issued in a proposed subdivision prior to approval and filing of the final plat, if construction plans for said proposed subdivision have been approved by the Board of County Commissioners. Lots may not be sold by the developer prior to recording of the final plat as otherwise provided in the Santa Rosa County Land Development Code. This provision shall cease effect on October 1, 2006.

(Ord. No. 93-22, § 1, 11-24-93; Ord. No. 95-25, § 1, 9-14-95; Ord. No. 96-30, § 1, 10-24-96; Ord. No. 97-28, § 1, 10-9-97; Ord. No. 98-17, § 1, 10-22-98; Ord. No. 99-11, § 1, 6-10-99; Ord. No. 2000-05, § 1, 4-13-00; Ord. No. 2003-02 , § 1, 1-23-03; Ord. No. 2003-10 , § 1, 4-29-03; Ord. No. 2004-07, § 1, 2-26-04; Ord. No. 2004-29, § 1, 10-11-04; Ord. No. 2005-29, § 1, 8-25-05; Ord. No. 2006-05, § 1, 2-23-06; Ord. No. 2012-03, § 1, 2-23-12; Memo of 9-1-15; Ord. No. 2018-18 , § 1, 9-27-18)

Editor's note

At the direction of the city per memo of 9-1-15, § 6.04 was removed and replaced in its entirety with provisions provided by the city.