1.00.01.

Purpose and intent.

A.

The primary purpose of this Land Development Code (LDC) is implementation of the goals and objectives of the City of Crestview Comprehensive Plan ("comprehensive plan").

B.

This LDC is further intended to accomplish the following:

1.

Protecting, promoting, and improving the public health, safety, comfort, order, appearance, convenience, morals, and general welfare;

2.

Guiding and accomplishing coordinated and harmonious development in accordance with the existing and future needs of the city;

3.

Conserving the value of land, buildings, and resources, and protecting landowners from potential adverse impacts of proposed developments;

4.

Protecting the character and maintaining the stability of residential, business, industrial, recreation, and public areas;

5.

Guiding and regulating the growth of the city, concentrating the more intense development in areas of high capability and limiting development in areas of low capability;

6.

Directing and controlling the type, distribution, and intensity of development; and

7.

Being equitable, in terms of consistency, with established regulation and procedures, respecting the rights of property owners while taking into consideration the interests of all the citizens of the city.

(Ord. No. 1789, § 1.00.00, 2-8-2021)

This part shall be known as and entitled the "Crestview Land Development Code" and may be referred to as the "LDC."

(Ord. No. 1789, § 1.01.00, 2-8-2021)

A.

This LDC is enacted pursuant to the requirements and authority of F.S. ch. 163, pt. II, and ch. 166.

B.

The lands subject to this part shall include all area within the corporate limits of the city (and, as applicable, any areas to which the city provides municipal services).

(Ord. No. 1789, § 1.02.00, 2-8-2021)

1.03.01.

Generally. Except as otherwise provided in this LDC:

A.

The use of any parcel of land, or any structure, or any combination thereof, within the corporate limits of the city shall be in conformance with the requirements of this LDC.

B.

All development shall conform to the standards, criteria, requirements, and procedures of this LDC.

C.

This chapter is not intended to repeal, abrogate or interfere with any existing easements, covenants or deed restrictions duly recorded in the public records of the city or the county.

1.03.02.

Exceptions. Previously approved projects that are identified as exempt from the provisions of this LDC are exempt only to the extent of the previous approval and are exempt from the provisions of this LDC only to the extent that such provisions are inconsistent with the prior, unexpired approval. Specific requirements regarding existing, valid development orders and permits are set forth in the appropriate chapters of this LDC.

(Ord. No. 1789, § 1.03.00, 2-8-2021)

1.04.01.

City manager. The city manager is the chief administrative official of the city (see the Crestview Code of Ordinances). For the purposes of this LDC, the city manager is assigned to administer, interpret, and implement the standards, criteria, and procedures of this LDC where the community development services director or other specific staff position within the city has not been designated for such action.

1.04.02.

Community development services director. The community development services director, or assignee, is the city staff person designated to issue development orders for expedited development, approve compliance reports, authorize administrative waivers, and other actions required for implementation of this LDC as specifically designated by the community development services director. The community development services director shall be responsible for agendas for boards identified in chapter 3 of this LDC.

(Ord. No. 1789, § 1.04.00, 2-8-2021)

Editor's note— Refer to section 3.03.00 for further and more specific information pertaining to these and other positions.

1.05.01.

Generally.

A.

In interpreting and applying the provisions of this LDC, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and general welfare of the community.

B.

In the interpretation and application of this LDC, all standards, provisions, and requirements shall be liberally construed in favor of the objectives and purposes of the city and shall not be construed to limit or repeal any other powers granted to the city under state law.

C.

It is not intended by this LDC to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties.

D.

Specific provisions of this LDC shall be followed in lieu of general provisions that may be in conflict with the specific provision.

E.

Where provisions of this LDC conflict with other regulations, the more stringent restrictions shall be applied.

F.

Where written text and illustrations are in conflict, the written text shall govern.

G.

Where necessary, the community development services director may, at his/her sole discretion, ameliorate decisions based on elements of this chapter that are determined to significantly hinder development that is consistent with the purpose and intent of this chapter.

1.05.02.

Responsibility for interpretation.

A.

In the event that any question arises concerning the application of regulations, standards, definitions, development criteria, or any other provision of this LDC, the community development services director shall be responsible for interpretation. In the interpretation of this LDC, the community development services director shall be guided by the requirements of the comprehensive plan.

B.

Responsibility for interpretation by the community development services director shall be limited to standards, regulations, and requirements of this LDC and shall not be construed to include interpretation of any technical codes adopted by reference in this LDC. Interpretation shall not be construed to override the responsibilities given to any commission, board, or official named in other sections or chapters of this LDC.

1.05.03.

Rules for interpretation of boundaries. Where uncertainty exists as to the boundaries of any district shown on the official zoning map, the rules set forth in this section shall apply:

A.

Where such district boundaries are indicated as approximately following section or quarter section lines, street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries.

B.

In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the boundary is indicated by dimensions, shall be determined by use of the scale appearing on the official zoning map.

C.

Where a district boundary divides the area of a lot unequally, the district classification and regulations of the larger portion shall apply to the remaining smaller portion of the lot.

D.

Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

E.

In case any further uncertainty exists, the city council shall interpret the intent of the official zoning map as to the location of such boundaries.

1.05.04.

Rules of construction. The rules of construction set forth in the Crestview Engineering Standards Manual shall apply to the provisions set forth in this LDC.

1.05.05.

Days; computation of time. Throughout this LDC, the term "day" or "days" means calendar days, except where business days are specifically identified. The method required for the computation of time shall be as set forth in the Crestview Code of Ordinances.

(Ord. No. 1789, § 1.05.00, 2-8-2021)

1.06.01.

Generally.

A.

The city council has established the boards identified in this chapter for the purpose of implementing the provisions of this LDC.

B.

All procedures pertaining to matters before the boards are set forth in the appropriate chapters of this LDC.

C.

The city clerk shall maintain records for all boards and requirements listed in this chapter.

1.06.02.

Requirements for all boards.

A.

The city council shall make appointments to boards, based on the eligibility and board composition requirements, if any, set forth for each board.

1.

Specific rules for each board can be found in chapter 3 of this LDC.

B.

The city council shall have authority to revoke any appointment for reasonable cause, including, but not limited to, failure to be a resident and qualified elector of the city, conviction of a felony, or conviction of an offense involving moral turpitude while in office.

C.

Absences. The city council shall revoke the appointment of any board member who fails, without good cause, to attend three consecutive regular board meetings, or a total of four regular meetings or special meetings within any 12-month period. The city clerk shall determine whether an absence is excused.

D.

Officers.

1.

At the last regular meeting of each fiscal year, each board shall elect a chairman/chairwoman and vice-chairman/vice-chairwoman, both of whom shall serve for the subsequent calendar year.

2.

Officers may serve up to two consecutive one-year terms.

3.

When the chairman/chairwoman departs, an election shall be held at the next meeting of the board to elect a new chairman/chairwoman who shall serve for the remainder of the calendar year.

4.

The chairman/chairwoman shall be responsible for procedures of meetings and hearings and shall take such action as may be necessary to preserve order and the integrity of all proceedings.

5.

The vice-chairman/vice-chairwoman shall act as chairman/chairwoman in the absence of the chairman/chairwoman.

E.

Meetings, hearings, and workshops.

1.

Each board shall establish a regular meeting day, time, and place.

2.

Special meetings and workshops may be called by the chairman/chairwoman or upon the majority vote of members at a regular meeting.

3.

When required, a public hearing may be held during a regular or special meeting, provided that notice has been given in accordance with the requirements set forth in the appropriate section of this LDC or state statute.

4.

When a public hearing is a quasi-judicial hearing, the hearing shall comply with the requirements set forth in the appropriate section or state statute.

5.

If there is no business scheduled for a regular meeting prior to the deadline for applications, the chairman/chairwoman may cancel the regularly scheduled meeting.

F.

Rules of procedure. A board shall take actions and transact business in conformity with the provisions of applicable state law. A board may adopt additional rules of procedure as needed.

G.

Records.

1.

Any decision made by a board shall be recorded and entered into the minutes of the meeting or hearing.

2.

All records shall be public records as set forth by applicable state law.

3.

A board shall keep a record of minutes of meetings and decisions, including recommendations, resolutions, findings, and determinations.

H.

The city clerk shall be responsible for support to boards, including making a record of meetings, providing required notices, providing notices of vacancies to the city council, providing notices of absences per subsection 1.06.02.C of this section, and other such support as may be required for the appropriate conduct of board business.

I.

Compensation. All board members serve without compensation. However, where travel is required by the city council, travel expenses shall be paid in accordance with city policy for travel reimbursement.

(Ord. No. 1789, § 1.06.00, 2-8-2021)

The city shall annually publish a list of documents, codes, and manuals which are adopted for regulation of development within the city in addition to this LDC.

(Ord. No. 1789, § 1.07.00, 2-8-2021)