§ 74-103. Future land use category regulations.  


Latest version.
  • (a)

    General.

    (1)

    DEP guidelines will be used as part of the county's land development regulations, concerning discharge of hazardous or toxic materials, such as sanitary landfills, sewage treatment plants, and petroleum storage tanks in areas of high aquifer recharge.

    (2)

    Home occupations, which are clearly subordinate to the existing residential land use, and do not occupy more than 25 percent of the floor area of the buildings on the site and do not employ more than one person not living in the residence, will be allowable in all land use categories.

    (3)

    Community facilities (places of worship, community centers, public or private schools and day care centers and other similar facilities) will be allowable in all land use categories except conservation.

    (4)

    Borrow pits for soil extraction only (i.e., clay, sand, topsoil) may be allowed as a conditional use in the AG 1, AG 2, or Industrial land use categories. The use will be subject to conditions imposed through the development order issued by Jackson County. Borrow pit operations are prohibited within 660 feet of residential development, paved public roadways, and public parks/recreation areas. Resource extraction within environmentally sensitive lands or within one-half mile of outstanding Florida waters is prohibited. Existing borrow pits within environmentally sensitive lands or within one-half mile of outstanding Florida waters cannot be expanded. Borrow pit development shall require installation and maintenance of a visual landscape buffer that obscures the site by a minimum of 70 percent to a minimum height of eight feet. This shall include a buffer of native vegetation no less than 25 feet deep surrounding the pit. Any natural resource extraction activity in which stormwater runoff leaves the site would be required to address sediment retention basins and their maintenance, and include a filter strip/buffer located immediately downstream but on site to catch sediment runoff. Borrow pit developers shall be required to place $500.00 for each acre of land developed in escrow for future site remediation. Excepting pits developed in the industrial land use category, borrow pit excavations will be limited to shallow excavation up to a depth of no more than 25 feet below the natural adjacent grade. Should artifacts be uncovered during excavations, the developer should immediately notify the department of state of the find and all work in the area of the find stopped until the site has been investigated by the department of state. Pit areas must be landscaped and closed according to conditional use requirements of development order within 90 days of termination of pit operation. A pit shall be determined to be closed by the county when there is no apparent evidence of extraction over a 180-day period. It is the responsibility of the owner to maintain documentation of extraction activity to support a pit as active.

    (5)

    Compensating storage shall be required for any fill placed within floodplains, in order to maintain the flood storage and conveyance capacity of floodplains, where the density or intensity of land use is greater than one dwelling unit per five acres.

    (b)

    Future land use categories. The following land use categories apply to the unincorporated area of Jackson County. Each future land use designation has limitations on lot size. Within the specified lot size, for lots using septic tanks or private wells, there shall be at least 0.5 acres of buildable area including area dedicated for easements, septic systems, private wells and other required infrastructure.

    (1)

    Agriculture 1 (AG-1). Agricultural activities, including silviculture and other agricultural activities for the Agriculture 1 (AG-1) land use category are specified in Policy 2.2(1) of the Future Land Use Element in the Jackson County Comprehensive Plan.

    Densities

    Allowable densities within the AG-1 land use category are specified in Policy 2.2(1) of the Future Land Use Element in the Jackson County Comprehensive Plan. In accordance with Policy 2.2(1), new residential development is allowable, not to exceed one unit per 20 acres. However, this may be exceeded in cases of transfer of property to immediate family members as provided by Florida statute, provided that other applicable requirements are met during development. Clustering is encouraged. Minimum lot size in Agriculture 1 is .5 acres with 100′ of road frontage.

    (2)

    Agriculture 2 (AG-2). Agricultural activities, including silviculture and other agricultural activities for the Agriculture 2 (AG-2) land use category are specified in Policy 2.2(2) of the Future Land Use Element in the Jackson County Comprehensive Plan.

    Densities

    Allowable densities within the AG-2 land use category are specified in Policy 2.2(2) of the Future Land Use Element in the Jackson County Comprehensive Plan. In accordance with Policy 2.2(2), maximum residential density for this land use is one dwelling unit per one acre. This maximum density does not limit the conveyance of smaller acreage from one family member to another in accordance with Land Use Policy 3.2.

    (3)

    Residential (R). Residential land use activities specified in Policy 2.1 and Policy 2.3(1) of the Future Land Use Element in the Jackson County Comprehensive Plan.

    Densities

    Application of the density allocation shall be applied on a sliding scale commensurate with central service provision.

    No public water/sewer or paved road frontage 1 d.u./acre
    Paved road frontage 2 d.u./acre
    Public sewer 3 d.u./acre
    Public water and paved road 3 d.u./acre
    Public water, sewer and paved road 4 d.u./acre
    Public water system 2 d.u./acre
    Paved road and public sewer 3 d.u./acre
    Public water and sewer 3 d.u./acre

     

    (4)

    Mixed use urban transitional (MUUT). Mixed use urban transitional (MUUT) land use activities specified in Policy 2.1 and Policy 2.3(2) of the Future Land Use Element in the Jackson County Comprehensive Plan.

    Densities

    Application of the density allocation shall be applied on a sliding scale commensurate with central service provision.

    No public water/sewer or paved road frontage 2 d.u./acre
    Paved road frontage 2 d.u./acre
    Public sewer 5 d.u./acre
    Public water and paved road 8 d.u./acre
    Public water, sewer and paved road 12 d.u./acre
    Public water system 5 d.u./acre
    Paved road and public sewer 10 d.u./acre
    Public water and sewer 8 d.u./acre

     

    (5)

    Rural mobile home park (RMHP). Rural mobile home park (RMHP) land use activities specified in Policy 2.1 and Policy 2.3(3) of the Future Land Use Element in the Jackson County Comprehensive Plan.

    a.

    Special development standards:

    1.

    For mobile/manufactured home parks greater than five acres in area or containing more than 20 lots, mobile homes shall be clustered to provide open space. Open space, as applied in this policy, means either allowing the land and vegetative cover to remain in its natural state or be developed for passive recreational uses which do not significantly modify the landscape and remain pervious;

    2.

    Development shall be arranged so as to utilize a limited number of access points from any arterial or collector road. Access requirements shall meet standards in Transportation Circulation Element, Objective 2;

    3.

    Manufactured home developments with greater than 20 units are required to provide public water/sewer and a paved internal collector road and be located in residential or MUUT land use categories.

    b.

    Compatibility: Areas designated in the rural mobile home park category shall be buffered from existing development by a landscaped buffer strip at least ten feet in width with a minimum 50 percent obstruction of visibility to a height of, six feet.

    (6)

    Commercial (C). Commercial land use requirements are specified in Policy 2.1 and Policy 2.4 of the Future Land Use Element in the Jackson County Comprehensive Plan.

    (7)

    Industrial (I). Industrial land use requirements are specified in Policy 2.1 and Policy 2.5 of the Future Land Use Element in the Jackson County Comprehensive Plan.

    (8)

    Conservation (CON). Conservation land use requirements are specified in Policy 2.1 and Policy 2.6 of the Future Land Use Element in the Jackson County Comprehensive Plan.

    a.

    Development within the floodplain subject to the one percent annual chance flood (100-year flood, also known as the base flood, or the flood that has a one percent chance of being equaled or exceeded in any given year) for outstanding Florida waters, as well as class I waters of the state, shall be limited to one dwelling unit per 40 acres and the removal of natural vegetation within these floodplains shall be limited to the minimum, which is necessary for development.

    1.

    The floodplain subject to a one percent annual chance flood (100-year flood, also known as the base flood, or the flood that has a one percent chance of being equaled or exceeded in any given year) of outstanding Florida waters shall be construed to consist of the following: (1) Zone AE of the floodplains which drain into the Chattahoochee River, Lake Seminole, the Apalachicola River, and the Chipola River, as shown on the FEMA Flood Insurance Rate Maps dated December 17, 2010; and (2) that portion of Zone A of the floodplains of the Chipola River (upstream from the mapped AE zone) and its tributaries, Marshall Creek and Cowarts Creek, as shown on the FEMA Flood Insurance Rate Maps dated December 17, 2010, which lie within one mile of the ordinary high water lines of these streams.

    2.

    The 100-year floodplains of class I waters shall be construed to consist of the following: Zone A of the floodplains which drain into the Econfina River and its tributaries, as shown on the FEMA Flood Insurance Rate Map dated December 17, 2010.

    3.

    The floodplain subject to a one percent annual chance flood (100-year flood, also known as the base flood, or the flood that has a one percent chance of being equaled or exceeded in any given year) which are not specifically addressed by paragraphs (1) and (2) above, development shall be limited to one dwelling unit per 40 acres.

    4.

    Within the residential land use category existing prior to the time of plan adoption (July 2, 1991), the maximum density shall be two dwelling units per acre within undeveloped portions of these floodplains, unless more restrictive densities or intensities were established on the future land use map at the time of plan adoption (July 2, 1991).

    5.

    Within developed or infill (i.e., previously platted or built-up) areas in the above-mentioned future land use map categories, the maximum density shown on the future land use map at the time of plan adoption (July 2, 1991) shall apply.

    b.

    Lots adjacent to the following rivers and major streams shall have a minimum lot width of not less than 200 feet adjacent to the river or stream, if any portion of the septic tank or septic tank drainfield would be placed within the floodplain subject to a one percent annual chance flood (100-year flood, also known as the base flood, or the flood that has a one percent chance of begin equaled or exceeded in any given year: Chipola River, Apalachicola River, Chattahoochee River, Holmes Creek, Marshall Creek, Cowarts Creek and the Econfina River. All other lots adjacent to these rivers and streams shall have a width of not less than 100 feet.

    c.

    A buffer of native vegetation shall be required adjacent to all surface waters, including wetlands. This buffer shall be 75 feet deep adjacent to the Chipola, Chattahoochee, Econfina, and Apalachicola Rivers, and 50 feet deep adjacent to all other surface waters. This buffer requirement shall be construed to apply to those wetlands which are Florida Department of Environmental Protection jurisdictional wetlands, isolated wetlands, lakes and ponds of five acres or more in area; wetlands which are assigned state element ranks of S1 or S2 by the Florida Natural Areas Inventory, and wetlands which provide significant habitat for plant or animal species which are listed as endangered, threatened, or species of special concern by the Florida Fish and Wildlife Conservation Commission or Florida Department of Agriculture and Consumer Services. This buffer shall be measured from the ordinary high water line or mean annual water line of surface waters whichever would provide the greater buffer. Buffer zones shall consist of preserved native vegetation, including canopy, understory, and ground cover. Vegetation may be removed adjacent to lakes and ponds for a width not to exceed 25 feet wide on any one residential lot, provided that the buffer depth is increased elsewhere on the lot to provide for an equal buffer area. Otherwise, no development or clearing shall be permitted in these buffers, except for trimming or clearing to construct elevated walkways and piers which are not more than six feet in width. Nuisance vegetation is defined as vegetation included in Rule 5E-4.003, F.A.C., species which are not native to Jackson County as determined by the urban forester, and species which are determined by the urban forester to be thorny or poisonous. Nuisance vegetation may be removed from the required buffer area, provided that it is replaced by native, or other approved, vegetation equivalent in density to the plants, shrubs, and trees that were removed.

    d.

    Septic tanks and drainfields which would serve development on lots or parcels adjacent to surface waters (including wetlands) shall be placed on the portion of the lot or parcel which is farthest from the boundary of the surface water, or wetland area, provided that the application of these requirements is consistent with standards set by department of health (DOH) or appropriate designated state agency.

    e.

    The setback shall be 50 feet.

    f.

    A professionally conducted survey of native vegetative communities shall be required for any development that exceeds 50 acres in an area where native habitat exists on the site, as determined from the current Vegetative Cover (Land-Sat) Maps available from the Florida Fish and Wildlife Conservation Commission. This survey shall be conducted by an ecologist, biologist, or similar professional, and shall include an inventory of wildlife, as well as state and federally listed endangered and threatened plant and animal species, and species of special concern. Staff may recommend to the planning commission and the commission may consider that a survey not be required after a review based on the best available data and analysis. Site surveys shall address the following:

    1.

    The size and distribution of the native habitat;

    2.

    Wildlife and listed species populations within the proposed development site;

    3.

    The feasibility of and viability of on-site protection and management;

    4.

    Whether the proposed development site includes a wildlife corridor and the feasibility of maintaining the wildlife corridor;

    5.

    The appropriateness of mitigating the impacts of development by the relocation of listed species to an acceptable off-site location, in the event that on-site protection is shown to be ineffective.

    g.

    For any development which exceeds 50 acres in area where native habitat exists on the site, as determined from the current Vegetative Cover (Land-Sat) Maps available from the Florida Fish and Wildlife Conservation Commission, upland habitat shall be preserved in accordance with the following guidelines:

    1.

    For development in the agriculture 2 category in the unincorporated area, 80 percent of the area occupied by natural communities which are listed S1 or S2 in the Florida Natural Areas Inventory shall be preserved on the site; within all other areas on the future land use map which contain S1 and S2 rated communities, this percentage shall be 50 percent. Whether these habitat types exist on a particular development site shall be determined through the survey required by section 74-103(b)(8)f. above. Additional urban land uses shall be prohibited within these habitat types beyond those urban areas, which were shown on the future land use map at the time of plan adoption (July 2, 1991).

    2.

    For development in the agriculture 2 category in the unincorporated area, 50 percent of the area occupied by native plant communities, which are rated S3 by the Florida Natural Areas Inventory, shall be preserved on the site. Whether these habitat types do exist on a particular development site shall be determined through the survey required by section 74-103(b)(8)f. above.

    h.

    Within wetlands which are not located in the conservation category on the future land use map (i.e., non-state jurisdictional wetlands), the only development permitted shall be: (1) Residential land uses at a density of not more than one dwelling unit per five gross acres; and (2) Nonresidential development that will not cover more than ten percent of the area of the wetland as indicated on the county's current wetlands map and best available data subject to the applicable permitting requirements of state and federal law. The county shall allow, not encourage, development in wetland areas, but if exceptions are granted, development will only be allowed at a level consistent with mitigation rules of the state.

    i.

    In accordance with Policy 6.8 of the Conservation Element of the Jackson County Comprehensive Plan, a restoration plan shall be submitted, for mining in environmentally sensitive lands other than those areas which are specified in Policies 6.5 and 6.7 of the conservation element of the comprehensive plan.

    (9)

    Public (P). Public land use requirements are specified in Policy 2.7 of the Future Land Use Element in the Jackson County Comprehensive Plan.

    (10)

    Recreation (REC). Recreation land use requirements are specified in Policy 2.8 of the Future Land Use Element in the Jackson County Comprehensive Plan.

    (11)

    Greenways overlay (G). Permitted land uses in areas that have been acquired or set aside for greenways shall be: resource oriented, preservation/conservation activities or recreational uses such as; hiking, jogging, and bicycle trails; horse trails; canoe launches; picnic areas; exercise stations; non-boat fishing facilities; and up to 15 percent of the total greenway system may include active recreational facilities, where appropriate to the preservation of resources, wildlife habitat and wildlife corridors. All guidelines for densities and percentage of impervious surface ratio shall be subject to all applicable requirements of the department of health, the department of environmental protection, and any other state or federal agencies whose jurisdiction might apply.

    Greenways overlay is further addressed in Policy 2.9 of the Future Land Use Element in the Jackson County Comprehensive Plan.

    (c)

    Subdivisions .

    (1)

    Minor and major subdivisions. A minor subdivision is the subdivision of land into a total of ten or fewer lots. Contiguous minor subdivisions shall be treated as major subdivisions if developed within a five-year time period. A major subdivision is the subdivision of land into more than ten lots.

    a.

    Minor subdivisions. The minimum standards for a minor subdivision are:

    1.

    No more than ten lots can be created.

    2.

    No more than one new road/cul-de-sac can be created. Road/cul-de-sac can be paved or unpaved. Maintenance agreement or homeowners association is required for private streets and stormwater/swales. New road/cul-de-sac cannot be longer than 1,320 feet including curved radii and will be maintained by the property owners within the subdivision. A new cul-de-sac, or dead-end street, in excess of 150 feet in length shall be provided with approved provisions for fire apparatus and other emergency vehicle to turn around. The turn-around area shall be a circular turning area with a minimum radius of 50 feet.

    b.

    Major subdivisions. The minimum standards for a major subdivision shall require paved roads and comply with the following:

    1.

    Requires the creation or extension of public water or sewer system unless all lots within the proposed subdivision meet or exceed current Florida regulations allowing placement of individual onsite septic systems and wells.

    2.

    Requires the installation of drainage improvements.

    3.

    A major subdivision is any subdivision, other than a minor subdivision, of a parcel, or two or more adjacent parcels, into three or more lots, within a given period of 12 months. Major subdivisions consist of 11 lots, or more, and may have more than one new street. These new streets may be paved or unpaved. Major subdivisions can be public, if after 12 months, the board of county commissioners agrees to accept the infrastructure, i.e., paved roads (the county will not consider maintenance of unpaved roads), easements, and stormwater maintenance facilities, etc.; or the major subdivision can be a private subdivision which will have all infrastructure, i.e., roads, easements, and stormwater maintenance facilities, etc., maintained by the property owners/neighborhood association or through maintenance agreement with the property owners within the private subdivision. In existing private subdivisions, the property owners/neighborhood association may collectively request that the major subdivision's paved streets be maintained by the county. All such requests are subject to review and approval by the board of county commissioners.

    (2)

    In the event that the property being subdivided (as defined by county ordinance) does not abut a publicly maintained right-of-way, developers/owners shall identify a minimum 60-foot wide right-of-way from the development to a publicly maintained right-of-way. Furthermore, developers/owners shall identify and dedicate by deed to the county that land necessary to provide rights-of-way consistent with the adopted right-of-way standards for appropriate road classifications along public right-of-way serving the development for any lands under the developers' ownership which lie between the development and the nearest paved public right-of-way. Developers/owners, who desire, or are required, to maintain a "private" road serving the proposed development in lieu of the new right-of-way dedication to the county, must dedicate a minimum of a 60-foot wide right-of-way to the development for access in perpetuity and comply with county subdivision regulations. This does not exempt developers/owners from other requirements of this policy.

    The county shall not be required to accept the roads for maintenance and there shall be a maintenance agreement or homeowners association to provide the maintenance of a private road serving said development. Signage must be in accordance with section 74-402(20) and maintained through a maintenance agreement or homeowners association.

    (3)

    An applicant requesting approval of a subdivision shall be required to submit data and analysis concerning the following, which shall be included with the plan amendment as required in Chapter 1, Policy 3.6, of the Jackson County Comprehensive Plan:

    a.

    The market demand for such subdivision;

    b.

    Impacts on wildlife particularly on destruction and fragmentation of wildlife habitat;

    c.

    Impacts on water quality and availability, and on aquatic and wetland dependent wildlife;

    d.

    Impacts on agricultural operations and compatibility with agriculture and other rural land uses;

    e.

    Availability of adequate and efficient public services and facilities, and equitable assessment of the development for the costs of these facilities and services;

    (d)

    Townhouses .

    (1)

    Townhouses, defined in article IV, section 74-91 as a single-family dwelling unit attached to one or more single-family dwelling units by not more than two party walls, are to be located in areas designated as residential (R) or mixed use urban transitional (MUUT) on the Jackson County Future Land Use Map.

    (2)

    Townhouses are to be located to have access to central sanitary sewer and public water.

    (3)

    The development standards for townhouses are as follows:

    a.

    Minimum lot size:

    1.

    Lot size: 3,750 square feet (end lot)/2,400 square feet (interior lot)

    2.

    Lot width: 37.5 feet (end lot)/25 feet (interior lot)

    3.

    Lot depth: 80 feet

    b.

    Minimum building setbacks:

    1.

    Front: 20 feet

    2.

    Side (interior lot): Not applicable

    3.

    Side (end unit corner lot): 15 feet

    4.

    Rear: 25 feet

    c.

    Maximum building restrictions:

    1.

    Building size: Maximum length: 8 units

    2.

    Space between buildings: Minimum spacing: 25 feet

    3.

    Building height: Maximum height: 3 stories

    (e)

    Public schools.

    (1)

    At a minimum, the threshold acreage for new schools shall be as follows:

    a.

    Elementary schools: A minimum of four acres for the first 200 students, plus one acre for each additional 100 students.

    b.

    Middle schools/junior high schools: A minimum of six acres for the first 300 students, plus one acre for each additional 100 students.

    c.

    Senior high schools: A minimum of seven acres for the first 300 students, plus one acre for each additional 50 students up to 1,000 students, plus one acre for each additional 100 students thereafter.

    d.

    Area vocational: Technical school: A minimum of 20 acres for the first 500 students, plus one acre for each additional 50 students up to 1,000 students.

    e.

    Community college: A main campus site shall be a minimum of 100 acres. Each separate center site shall contain a minimum of 40 acres for the first 500 students, plus two acres for each additional 100 students. Special-purpose center site acreage shall be appropriate to contain the functions identified in the program.

    (2)

    Before issuance of a development order for a new school, the necessary public facilities such as, but not limited to, sanitary sewer, solid waste, potable water, drainage, and roads are to be in place to serve the proposed site. Furthermore, the school board shall obtain a written agreement from the service provider assuring adequate capacity is available.

    (3)

    Public facilities should be in close proximity, and operating at the adopted level of service, before a development order can be issued for a new school.

    (4)

    Access to the site must be from a collector road (minor collector or local road for elementary schools) and avoid the need for slow down zones.

    (5)

    Ingress and egress should not create detrimental impacts on roads adjacent to the site and the site must provide for adequate on-site parking and circulation of user vehicles.

    (6)

    Approaches to the site must meet all state and local safety requirements for pedestrians, and vehicles. In additions, sidewalks and bicycle lanes must be provided along paved roadways servicing the site.

    (7)

    Permitting new residential and or mixed use residential developments of over 25 units will require coordinated submittal to the Jackson County School Board.

    (f)

    Nonconforming land uses.

    (1)

    Purpose . To provide for the regulation of legal nonconformities (as defined in section 74-91) and to specify those circumstances and conditions under which such nonconformities shall be permitted to continue. The persistence of nonconformities is generally inconsistent with the purposes future land use regulations. It is the intent of this subsection to promote the gradual elimination of nonconformities with respect to the provisions of this Code and the county's adopted comprehensive plan. With identified exceptions, nonconforming land uses will be allowed to continue, without specific limitations of time, but further permitting and re-investment shall be restricted so as not to perpetuate these nonconformities.

    These regulations allow the continuation of nonconforming uses until they are removed by an act of nature or act of man, with the exception of nonconforming residential structures and uses. Nonconforming residential structures may be allowed rebuild or be re-established if voluntarily or non-voluntarily removed from a nonconforming lot or parcel in accordance with section 74-103(f)(2).

    (2)

    Existing nonconformities.

    a.

    Continuation of a nonconformity.

    1.

    Unless otherwise provided in the Code of Ordinances, any nonconformity (lot or record, structure, use, or sign) lawfully existing on the effective date of this Code may be continued. A nonconformity which is discontinued for more than 36 months) may not be re-established unless it is brought into conformity with this Code and the county's adopted comprehensive plan.

    2.

    No nonresidential nonconformity shall be altered unless such alteration is in full compliance with all requirements of this Code. Maintenance and repair of a legal nonconformity shall be permitted, provided that it is in compliance with other sections of this Code.

    3.

    Lawful nonconforming residential uses and structures may be continued and re-established, except recreational vehicle (RV) units serving as dwelling units (RV units are only allowed in an approved RV park), and may be modified on a parcel if such modification is in compliance with the county's land development code, comprehensive plan, and the Florida Building Code.

    4.

    No accessory or auxiliary use or structure to a primary lawful nonconforming use or structure shall continue after such primary use or structure has been removed or terminated.

    5.

    No provision of this Code shall prohibit the replacement of a manufactured or mobile home with a site-built home.

    6.

    Nonconforming nonresidential uses shall not be grandfathered or allowed to otherwise persist beyond the term of the existing ownership.

    7.

    In all cases, the burden of proof shall be on the property owner/developer (not the county) to establish whether any nonconformity is a legal nonconformity.

    b.

    Termination of a nonconformity.

    1.

    In the event that any nonresidential nonconforming structure or use is destroyed by more than 50 percent due to any act of nature or act of man, then such nonconforming structure or use shall not be re-established, reconstructed, or reoccupied for any purpose unless all replacement conditions are in compliance with this Code.

    2.

    A nonconforming lot of record may be used for any primary use previously permitted in a designated future land use category in which the lot is located.

    3.

    The following applies to the termination of nonconforming signs:

    i.

    No nonconforming sign shall be modified in any manner which would increase the degree of its nonconformity, otherwise modified to prolong its use, or be moved to another location where it would remain a nonconformity.

    ii.

    A nonconforming sign structure the use of which has been discontinued for a period of 90 days, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not thereafter be reestablished except in full compliance with this Code. Any period of discontinuance caused by government actions, strikes, materials shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of the discontinuance for purposes of this subsection.

    iii.

    Any nonconforming sign damaged or destroyed, by any means, to the extent of 75 percent of its replacement cost shall be terminated and shall not be restored.

    (g)

    Transportation and circulation.

    (1)

    The minimum right-of-way widths for future development or improvements of roadways by applicants or developers in Jackson County shall be consistent with the future transportation circulation map and are as follows:

    Regional thoroughfares: 100 feet

    Local thoroughfares/arterials: 80 feet

    Collector and connectors: 60 feet

    Minor: 50 feet

    Alleys: 20 feet

    Such minimum widths shall not be required for the development or maintenance of rights-of-way by the county.

    (2)

    To further protect right-of-way from building encroachment and to provide services access, streets shall be laid out as nearly as possible to right angles.

    a.

    Dead end alleys shall not be permitted.

    b.

    Alley intersections and sharp changes in alignment shall be avoided.

    c.

    Minor streets shall be laid out to discourage use by through traffic.

    d.

    Alleys and services roads shall be provided in commercial and industrial districts.

    (3)

    To further improve development access, separation between access points onto arterial or collector streets, or between an access point and an intersection of an arterial or collector with another street, shall be as follows:

    Controlled Access Facilities—Distance Between Access Points

    45 miles per hour and over Under 45 miles per hour
    Major arterials with service road 1,320 660
    Minor arterials 1,000 550
    Major collectors 440 245
    Minor collectors 350 175

     

    Distance between access points shall be measured from the centerline of the proposed street or driveway to the centerline of the nearest adjacent street or driveway. Adjacent uses may share a common joint and cross access driveway provided that access easements are granted between property owners to the approval of the county.

    (4)

    In the event that a project may cause a safety or traffic flow problem, the county engineer or community development may require the applicant to submit a traffic impact analysis or other traffic study.

    (h)

    Intergovernmental coordination .

    (1)

    At a minimum, the threshold acreage for new schools shall be as follows:

    a.

    Elementary schools: A minimum of four acres for the first 200 students, plus one acre for each additional 100 students.

    b.

    Middle schools/junior high schools: A minimum of six acres for the first 300 students, plus one acre for each additional 100 students.

    c.

    Senior high schools: A minimum of seven acres for the first 300 students, plus one acre for each additional 50 students up to 1,000 students, plus one acre for each additional 100 students thereafter.

    d.

    Area vocational: Technical school: A minimum of 20 acres for the first 500 students, plus one acre for each additional 50 students up to 1,000 students.

    e.

    Community college: A main campus site shall be a minimum of 100 acres. Each separate center site shall contain a minimum of 40 acres for the first 500 students, plus two acres for each additional 100 students. Special-purpose center site acreage shall be appropriate to contain the functions identified in the program.

    (i)

    Infrastructure.

    (1)

    Concurrency provisions require that no certificate of occupancy (C/O) shall be issued for any portion of a development until such time as the sewer system is approved for operation by applicable permitting agencies and put into operation. Existing sewer facilities shall be deemed to be a public sewer supply or collection lines within 200 feet of development, consistent with the Jackson County Water and Sewer Ordinance.

    (2)

    The generation, use, storage, transfer (except public highways), or disposal of hazardous materials and hazardous wastes shall be prohibited within areas shown as "high recharge potential" as directed by the Northwest Florida Water Management District (NWFWMD) except on public highways, of the conservation element technical support documents that were submitted with the adopted plan. "Hazardous waste" shall be defined in terms of 40 Code of Federal Regulations Part 261, as modified by Rule 62-730.030, Florida Administrative Code, concerning the definition and identification of hazardous waste. "Hazardous materials" shall be defined as those additional priority pollutants, volatile organics, and trace metals referenced in the Clean Water Act administered by the U.S. Environmental Protection Agency, or its successor (as may be amended from time to time). This policy shall not apply to small quantity hazardous waste generators, and shall not apply to the sale of agricultural chemicals, provided that an appropriate spill containment and floor drain system is constructed, which shall be designed to hold spilled hazardous materials for cleanup to prevent such material from entering surface waters, groundwater, or the stormwater drainage system. Furthermore, this policy shall not apply to land uses which are not defined as "development" in F.S. § 380.04.

(Ord. No. 2013-06, § 1, 9-10-2013; Ord. No. 16-04, Exh. A, 5-10-2016; Ord. No. 17-01, § 1, 2-14-2017; Ord. No. 17-04, § 1, 5-23-2017)