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Growth Management - Planning & Zoning

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1. Can I find Flagler County Ordinances online?

Yes, the Flagler County Code is available online. Just follow the below link to the online library. The Flagler County Land Development Code can be found at "Appendix C" of the Flagler County Code. The Land Development Code includes regulations for zoning, subdivisions, landscaping, tree protection, wetlands, wellfield protection, marine sea turtles, signs, concurrency and transportation access management. Flagler County Codes

2. What is zoning?

The zoning determines the list of permitted structures and uses and the specific parameters within which they may be developed. Zoning classifications and specific development requirements are within the Land Development Code. Zoning classifications are displayed graphically on the Official Zoning Map at the Planning and Zoning Department. A property owner can find out their zoning by providing the department with the property parcel identification number or complete legal description of their property. Official Zoning Map

3. Can I get a copy of the Future Land Use Map for Flagler County?

The Future Land Use Map may be viewed online or purchased Flagler County Development Emergency Services/GIS. Please contact the office at (386) 313-4274 for cost information. Future Land Use Map

4. What can I do with my property?

The types of uses a property owner can have on their property depends on the future land use designation and the zoning district the property falls within. Certain districts allow different types of land development and land use activities on a property. To find out what type of uses that can be done on a property, please contact the Planning and Zoning Department at (386) 313-4009. You must provide the parcel identification number or complete legal description.

5. What if I need written confirmation of the future land use designation and/or zoning of my property?

Upon a written request and provision of a complete legal description of the subject property, the Planning and Zoning department can provide a written confirmation of the land use and zoning.

6. How do I find out the parcel identification number for my property?

The Property Appraiser's Office can tell you a parcel identification number when you provide a physical address or the name of the property owner. The identification number can also be located on a property owners tax statement form. Property Appraiser's website

7. How can I change the zoning for my property? How much does it cost?

A property owner may submit an application to change the zoning classification of a property. This process will require staff review, public notice and a minimum of two public hearings. Application fees are set by a Resolution adopted by the Board of County Commissioners. You may contact the Planning and Zoning Department (386) 313-4009 to confirm the application fee for a rezoning request and to schedule a pre-application meeting. Application for Rezoning

8. What is a Development of Regional Impact (DRI) and how might it affect my plans to develop my property?

A DRI is any development which, because of its character, magnitude or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county. DRIs are regulated by Section 380.06 Florida Statutes and Chapter 28-24 and Rule 9J-2 Florida Administrative Code. These establish processes for review and thresholds for determining if a development is a DRI based on thresholds established by the state.

9. Can I place a mobile home on my property?

A mobile home may be permitted on property with the appropriate zoning district, for example, MH-1 District, MH-2 District, MH-3 District, and AC District. Each district will have minimum parcel size requirements as well as setback requirements. As with approval of any permit for issuance, the request must meet all other local, state, and federal requirements.

10. What is an impact fee?

An impact fee is a one-time charge applied to new construction or in some instances to change of use on commercial construction. The purpose of the fee is to fund capital projects such as roads, parks, schools, and infrastructure that are needed because of the new development. The funds collected cannot be used for operation, maintenance, or repair of capital facilities. To view the current Impact Fees, please click this link to the Flagler County Impact Fee Schedules.

11. Is a subdivision plat required to divide property?

Not in all situations. The Land Development Code, Article IV sets forth the subdivision regulations. These regulations allow for subdivisions that require platting and subdivisions that do not require platting.

12. Can I use my RV camper or Fifth wheel for a temporary living facility while my home is being constructed?

RV campers and Fifth wheel vehicles are recognized as motor vehicles and are not permitted for living purposes unless parked in a properly zoned campground or mobile home park.

13. What is the maximum building height for Flagler County?

Maximum allowable building height is established by zoning district. In most residential districts, the maximum allowable height is 35'. In the Planned Unit Development (PUD) district, the maximum allowable height may vary as approved by the County.

14. Can I permit my garage or other accessory structures before I build my home?

You may not build an accessory structure until you have obtained the building permit(s) required for the main structure.

15. What is concurrency?

The requirement that new development can only occur where public facilities are available in the necessary quantity, capacity, and quality to maintain the adopted level of service standards for public facilities (Flagler County Comp. Plan, Capital Improvements element)

16. What is a variance?

A modification of the strict terms of the regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulation would result in unnecessary and undue hardship. A variance may be authorized for height, area, and size of structure or size of yards and open spaces. The establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non conformities in the district or uses in an adjoining district.

17. What is the Planning and Development Board?

The Planning and Development Board is a citizen board appointed by the Board of County Commissioners tasked to review and approve or deny Special Exceptions, Variances and Site Plans and they recommend approval or denial of Public Uses, Semi-Public Uses, Special Uses, Rezonings and Site Development Plans in PUDs, all submitted in accordance with the Flagler County Land Development Code.

18. What is a Special Exception?

A land use that is not similar in nature to the uses permitted in the district for which application is made (or in any district) but which is desired in the community, with appropriate controls, where a suitable location is available. Zoning districts will list permitted special exceptions if any are allowed.

19. What is a Public Use?

The use of land, water or building by a municipality, public body or board, commission, authority, county, state or the federal government or agency thereof for a public service purpose. Public Uses are permitted in any zoning district upon approval by the County.

20. What is a Semi-Public Use?

Includes churches, museums and organizations operating as a nonprofit activity serving a public purpose or service and includes such organizations as noncommercial clubs and lodges, theater groups, recreational, conservation, and neighborhood associations, and cultural activities. Semi-Public Uses are permitted in any zoning district upon approval by the County.

21. What is a Special Use?

Includes utilities, transportation terminals and facilities. Special Uses are permitted in any zoning district upon approval by the County.

22. What are the setbacks for accessory uses?

Accessory uses are required to meet the minimum structure setbacks. Accessory structures in residential districts are required to meet the minimum structure setbacks, unless it is less than twelve (12) feet in height, then the minimum required setback is ten (10) feet from the rear lot lines and the side setback shall meet the minimum side setback of the district in which it is located. It cannot be located in any required front yard.

23. Where are the setbacks measured for structures?

Setbacks are measured from the property line to the wall or supporting portion of a structure, however, the Coastal Construction Control Line shall be the setback line for all lots fronting the Atlantic Ocean, unless the Florida Department of Natural Resources has issued a permit for construction seaward of the Coastal Construction Control Line.

24. What is a setback line?

A line established by the land development code, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building or structure may be located above ground, except as may be provided in said codes.

25. What are fencing requirements for swimming pools?

In residential districts, all swimming pools shall conform to Section 424.2.17 of the Florida Building Code and the following:
• Lights used to illuminate any swimming pool shall be arranged and shaded so as to reflect light away from adjoining premises.
• Side yard setbacks. Unless otherwise stated the minimum side yard setback shall equal the side yard requirements of the zoning district in which it is located and outside of any recorded easement inconsistent with the placement of structures. The setback shall be measured from the edge of pool deck.
• Rear yard setbacks. The minimum rear yard setback shall not be less than ten (10) feet from the property line and outside of any recorded easement inconsistent with the placement of structures. The setback shall be measured from the edge of pool deck.
• Front yard setback. The minimum front yard setback shall equal the front yard requirement of the district in which it is located and further be outside of any recorded easement inconsistent with the placement of structures.

26. What is the fencing regulation for Flagler County?

For residentially zoned property any fence or wall shall not exceed 6 feet, nor obstruct the view of oncoming traffic in each direction and provided that no fence or wall shall exceed 4 feet within the front 25 feet of the property. In commercial and industrial districts, no fence or wall may be higher than 6 feet. A fence in a commercial or industrial district may incorporate an 18 inch bard wire or similar extension above the six foot height, only if it does not project over any sidewalk, street or other public way or over property of an adjacent owner. Fences in the AC (agriculture) district do not have height restriction, but must meet vision clearance requirements.

27. What is the estimated population of the county?

The 2009 estimated population for unincorporated Flagler County at this time is 12,141 people with the estimated total population for all of Flagler County, including its municipalities is 94,901.

28. How many animals can I have?

Less than four (4) dogs or cats over four (4) months of age.

29. Why were impact fees created?

Impact fees were adopted by the Board of County Commissioners in order to collect money from new development to pay for the new facilities required by growth. New development brings more traffic on our roads, more school children in our schools, more people wanting recreation facilities, and so on. In other words, an impact fee is a financial tool to reduce the gap between the money required to build new public facilities to serve new residents and the money available for that purpose.

30. What are the different types of impact fees collected by Flagler County?

Impact fees are collected for three different public facilities: transportation (County roads), recreation (regional parks) and school facilities.

Pursuant to interlocal agreements new development located within the Cities of Bunnell and Flagler Beach and the Towns of Beverly Beach and Marineland the total amount of the impact fees for transportation and/or recreation must be paid prior to the permit being issued.

31. When are impact fees paid?

For new development located in the unincorporated area of the County, the total amount of the impact fee required must be paid at the issuance of a building permit for the new construction.

32. Do I have to pay an impact fee for an addition or remodel of my existing residence?

No. Alterations, expansions, or remodeling of an existing dwelling unit which does not create additional dwelling units are exempt from the payment of an impact fee.

33. Do I have to pay an impact fee if I am replacing an existing residence?

Not in all instances. The owner may request a credit for impact fees at application of a permit for the replacement of a residence (dwelling unit) with a new residence. Transportation impact fees may only be credited when the residential unit is replaced within one year of its documented removal or demolition.

34. Do I have to pay an impact fee if I am changing the use of an existing structure?

Not in all instances. Impact fees are imposed and calculated for the alteration or expansion of an existing building if the change of use occurs within two years of the issuance of the certificate of occupancy for the building and if the square footage is increased or if a change in the use constitutes a more intense impact fee land use category than the existing use. The amount of the fee is imposed and calculated based on the applicable impact fee for the new use less the impact fee that would be imposed prior to the alteration or change in use. If the change of use occurs more than two years following the issuance of the certificate of occupancy for the building, no additional fee is due.

35. I am building in a City; do I still have to pay the impact fee?

Yes, County impact fees are charged for new development within the cities of Bunnell, Flagler Beach and Beverly Beach for transportation and/or recreation pursuant to interlocal agreements.

36. Does non-residential development have to pay an impact fee for all of the facilities for which impact fees are charged?

No. Impact fees for recreation and school facilities are only charged for residential development. Impact fees for transportation are imposed on both residential and non-residential development. You should check the impact fee rate schedule to determine the impact fee charges for the use you are interested in by using the link to the Flagler County Code, and select Chapter 17, Impact Fees. Link to Flagler County Code