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ORDINANCE NUMBER 2021-____ 1
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 3
ESCAMBIA COUNTY, FLORIDA, AMENDING PART III OF THE 4
ESCAMBIA COUNTY CODE OF ORDINANCES, THE LAND 5
DEVELOPMENT CODE OF ESCAMBIA COUNTY, FLORIDA, AS 6
AMENDED; AMENDING CHAPTER 4, LOCATION AND USE 7
REGULATIONS, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, 8
CREATING SECTION 4-7.17 “TINY HOUSE DEVELOPMENT” AS A 9
PERMITTED USE IN SPECIFIED ZONING DISTRICTS AND 10
ESTABLISHING USE CRITERIA; CREATING ADDITIONAL 11
CONDITIONAL USE CRITERIA IN SPECIFIC ZONING DISTRICTS; 12
PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; 13
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN 14
EFFECTIVE DATE. 15
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WHEREAS, the Legislature of the State of Florida has, in Chapter 125, Florida 17
Statutes, conferred upon local governments the authority to adopt regulations designed 18
to promote the public health, safety and general welfare of its citizenry; and 19
WHEREAS, through its Land Development Code, the Escambia County Board of 20
County Commissioners desires to preserve the county as a desirable community in which 21
to live, work and play for people of all income-levels; and 22
WHEREAS, HOU 1.1.7 Housing Types requires that Escambia County will provide 23
for a mix of housing types, including, but not limited to, single-family residential, multi-24
family residential, mobile and manufactured homes, live-work units, accessory dwellings, 25
and other residential types that vary in density, size, cost and location; and 26
WHEREAS, the Florida Building Commission has proposed new regulations on 27
the construction of “tiny houses” – homes that are 400 square feet or smaller in size, 28
which are becoming popular around the country in urban areas to meet housing shortage 29
needs; and 30
WHEREAS, the Board of County Commissioners finds this ordinance and creation 31
of “Tiny House Development” serves the health, safety, welfare of the residents of and 32
visitors to Escambia County, Florida. 33
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners 34
of Escambia County that the following regulation is hereby adopted. 35
SECTION 1. The above recitals are true and correct and are incorporated herein 36
by reference. 37
SECTION 2. Part III, Chapter 4, Location and Use Regulations, Article 7, 38
Supplemental Use Regulations, Section 4-7.17 Tiny House Development is hereby 39
created as follows: 40
2 Sec. 4-7.17 Tiny House Development 1
(a) Purpose. The tiny house development use component provides for the 2
development of smaller detached single-family dwellings on one lot. This use 3
provides for greater flexibility in the size of the houses and for a development 4
process to reflect the smaller structures. The intent of this provision is not to 5
allow for a tiny house on wheels (THOWS) such as recreational vehicles, 6
travel/camping trailers, motor homes, private motor coaches, fifth-wheels, park 7
models, and or any other structures that are movable or portable. 8
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(b) Permitted Uses. A tiny house shall be defined as a dwelling that is 400 square 10
feet (37 square meters) or less in gross floor area, excluding lofts, subject to 11
the construction standards of the Florida Building Code. 12
A single tiny house, as defined, is allowed in all zoning districts that allow for 13
a single-family dwelling or as an accessory dwelling. 14
For the purposes of these provisions, a tiny house development is a 15
multifamily development on an individual development parcel. The designated 16
zoning district densities will apply. 17
(c) Location. The following mainland zoning districts are identified as compatible 18
for tiny house developments, as permitted uses, with a compatible Future 19
Land Use category: 20
1. High Density Residential district (HDR). 21
2. High Density Mixed-Use district (HDMU). 22
3. Commercial district (COM). 23
4. Heavy Commercial and Light Industrial district (HC/LI). 24
(d) Conditional Use. The Escambia County Board of Adjustment may 25
conditionally allow tiny house developments within the MDR district only on a 26
parcel with a minimum lot area of 2 acres. All conditional use criteria 27
established in Chapter 2 of the Land Development Code apply to tiny house 28
developments in MDR zoning. 29
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(e) Design Standards. The proposed multifamily tiny house development shall 31
include the following specific criteria with their site plan as part of the 32
development review process: 33
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1. A designated minimum of two hundred (200) square feet of exterior open 35
space per unit. This area shall include usable public spaces such as lawn, 36
gardens, patios, plazas, or scenic viewing area. 37
2. The principal common open space must be centrally located to the 38
development; common open space tables, chairs, and benches, are 39
encouraged, with all houses having access to common open amenities. 40
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3. Each tiny house within the development shall have ingress and egress from 1
a private driveway. 2
4. The developer shall submit to the County for review and approval, 3
covenants, deeds and homeowners or condominium association bylaws and 4
other documents guaranteeing maintenance and common fee ownership of 5
public open space, community facilities, private roads and drives, and all 6
other commonly owned and operated property. 7
5. Landscaping and buffering will be provided by the developer. 8
6. Flat or shed roofs are not permissible. 9
7. As part of the site plan review process, the developer shall submit to the 10
County for review and approval a design plan that generally outlines the 11
proposed building materials and colors to be used in construction of the tiny 12
house development. Sketches, photos, site plans, renderings or written 13
descriptions may be provided to illustrate the proposed project’s conceptual 14
design and shall be supplemented as requested by Development Services 15
staff. County staff will review the design plan for consideration of the following 16
criteria: 17
a. Structures, additions, and renovations shall be constructed to be 18
long-lasting and use materials and detailing that maintain the distinct 19
character and harmony of the surrounding community. 20
b. Use of design materials such as vinyl, engineered wood, stucco, 21
stone veneer, brick façade and cyber cement are encouraged. 22
Plywood and metal siding are prohibited. 23
c. A variety of compatible contrasting textures should be used to create 24
visual interest. 25
d. Single material facades throughout the development should be 26
avoided to the extent practicable. 27
e. Qualifying developments shall utilize color schemes harmonious with 28
the natural environment of the area and surrounding development. 29
f. Building materials and colors shall avoid adverse visual impacts on 30
surrounding properties. 31
g. Accessory structures shall use the same or similar materials, color, 32
and style of the primary structure's facade if visible from a public way. 33
h. Buildings shall create desirable pedestrian environments between 34
the buildings and adjacent streets through uniform and orderly 35
orientation. 36
i. Entrances shall be well lit, visible from the street, and easily 37
accessible. 38
j. Walkways separate from driveways shall lead to front doors where 39
practical. 40
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k. Creative design elements and neighborhood enhancements are 1
encouraged. 2
l. Tree canopies, green spaces, flowers and shrubs to enliven the area 3
should be utilized and maintained. 4
m. New buildings, additions and redeveloped buildings shall 5
complement the existing pattern of building heights. 6
n. Exceptions may be granted if the design contributes to the quality 7
and character of the streetscape. 8
8. For any development located within a CRA Overlay district, in the event of 9
any conflict between the CRA design standards and those of this section, 10
the more stringent design standards apply. 11
(f). Land Use Controls. The following provisions are established as minimum 12
requirements to safeguard the public health, safety, and general welfare and 13
to minimize public and private losses: 14
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1. Parcels proposed for tiny home developments must be a lot of record. 16
2. Parent parcel will not be subdivided. 17
3. Not adjacent to a platted subdivision. 18
4. Not within 200 feet of a Low Density Residential (LDR) zoned parcel. 19
5. Each tiny house will be connected to permanent utilities. 20
6. Each tiny house will be built on an individual foundation. 21
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(g). Location. Tiny house developments shall not be located within: 23
1. An existing platted subdivision. 24
2. The boundaries of the Mid-West Escambia Sector Plan. 25
3. Within a FEMA designated floodway. 26
4. Designated Barrier Islands, Perdido Key or Pensacola Beach 27
5. Areas identified as Airport Influence Planning Districts. 28
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(h). Site Development. Compliance with the adopted Land Development Code 30
regulations will apply. Site Plan review, approval, and issuance of a 31
development order will be accomplished using established procedures. 32
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SECTION 3. Applicability. 34
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This Ordinance shall apply in the areas specifically identified under this ordinance. 36
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5 SECTION 4. Severability.
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If any section, sentence, clause, or phrase of this Ordinance is held to be invalid 2
or unconstitutional by any Court of competent jurisdiction, then said holding shall 3
in no way affect the validity of the remaining portions of this Ordinance. 4
SECTION 5. Inclusion in Code. 5
It is the intention of the Board of County Commissioners that the provisions of this 6
Ordinance shall be codified as required by Chapter 125, Florida Statutes, and 7
Chapter 163, Florida Statutes, and that the sections, subsections and other 8
provisions of this Ordinance may be renumbered or re-lettered and the word 9
"ordinance" may be changed to "section," "article," or such other appropriate word 10
or phrase in order to accomplish such intentions. 11
SECTION 6. Effective Date. 12
This Ordinance shall become effective upon filing with the Department of State. 13
DONE AND ENACTED this ___ day of ________________, 2021. 14
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BOARD OF COUNTY COMMISSIONERS 16
ESCAMBIA COUNTY, FLORIDA 17
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By: _______________________________ 20
Robert Bender, Chairman 21
ATTEST: PAM CHILDERS 22
CLERK OF THE CIRCUIT COURT 23 24 25 By: ________________________ 26 Deputy Clerk 27 28 (SEAL) 29 30 ENACTED: 31 32
FILED WITH THE DEPARTMENT OF STATE: 33
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EFFECTIVE DATE: 35
