§ 4.01.01. Exemptions and exceptions.

The following exemptions and exceptions shall apply to the requirements of this chapter.

1.

The concurrency requirements specified herein do not apply to public transit facilities. For the purposes of this paragraph, public transit facilities include transit stations and terminals; transit station parking; park-and-ride lots; intermodal public transit connection or transfer facilities; fixed bus, guideway, and rail stations; and airport passenger terminals and concourses, air cargo facilities, and hangars for the maintenance or storage of aircraft. As used in this paragraph, the terms "terminals" and "transit facilities" do not include seaports or commercial or residential development constructed in conjunction with a public transit facility [Section 163.3180(4)(b), Florida Statutes].

2.

Parcels of record recored prior to July 10, 1990 shall be vested for the development of one dwelling unit. A "parcel of record" is a piece of property duly recorded by plat or deed in the official records of the clerk of court, and may include metes and bounds legal descriptions when such descriptions apply to individual, discreet parcels of land.

3.

The urban development area as shown on the comprehensive plan future land use map is hereby designated as a "transportation concurrency exception area" pursuant to Section 163.3180(5)(b).7.e Florida Statutes. The planning official, after obtaining concurrence from the directors of the public works department and Okaloosa County Water and Sewer, and the county administrator, may grant an exception from the concurrency requirement for transportation facilities as specified herein if a proposed development project is otherwise consistent with the comprehensive plan and this code.

4.

For the purpose of development order or permit, a proposed development may be deemed to have a de minimis impact and may not be subject to the concurrency requirements of Rules 9J-5.00555(3)(c) if all of the following conditions are met:

a.

The development proposal is for an increase in density or intensity of less than or equal to twice the density or intensity of the existing development of a vacant parcel of land, at a residential density of less than four dwelling units per acre, or, for nonresidential uses, at an intensity of less than 0.1 floor area ratio. Isolated vacant lots in predominantly built residential areas where construction of a single family house would be the most suitable use, may be developed for single family residential under the de minimis exception even if smaller than one-quarter acre in size.

b.

The transportation impact of the proposed development alone does not exceed 0.1 percent of the maximum service volume at the adopted level of service standard for the peak hour of the affected transportation facility.

c.

The cumulative total transportation impact from the de minimis exemptions does not exceed three percent of the maximum service volume at the adopted level of service standard of the affected transportation facility if the facility does not meet the minimum level of service standard.

d.

Small projects or additions that will have a negligible impact upon facilities and services as determined by mutual agreement between growth management, public works, and the utility service provider.

5.

Notwithstanding section 4.01.06, the LOS may be degraded during the actual construction of new facilities if upon completion the prescribed standards will be met.

(Ord. No. 11-01, § 2, 1-18-11)