WHEREAS, the Florida Legislature has enacted the Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163, Part II, Florida Statutes) which mandates the preparation of comprehensive plans and unified land development codes for all units of local government; and,

WHEREAS, the City Council of the City of Niceville, Florida has determined that the Comprehensive Plan, 2035, is compatible with and furthers the State Comprehensive Plan, the West Florida Comprehensive Regional Policy Plan and the Okaloosa County Comprehensive Plan; and

WHEREAS, the adoption of a unified land development code is required to implement the Comprehensive Plan; and

WHEREAS, Section 163.3194 (1)(b), F.S. requires that land development regulations be consistent with the Comprehensive Plan and Section 163.3202, F.S. details the minimum requirements for content of the City's Land Development Code (LDC); and

WHEREAS, the City Council of the City of Niceville finds that the regulations contained within this Code are necessary to protect the public safety, general welfare, natural environment and economic vitality of the City; now

THEREFORE BE IT ORDERED BY THE CITY COUNCIL OF NICEVILLE, FLORIDA that this ordinance is hereby adopted in conformance with Chapter 163, F.S., and provides an effective date and repeals all provisions of Ordinances or Resolutions in conflict herewith.

(Ord. No. 00-10-01, 10-10-00; Ord. No. 11-04-02, 4-12-11)

This ordinance shall be known as the "Niceville Land Development Code" and also may be known as Ordinance No. 91-1.

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

This ordinance provides public policy mechanisms and regulations for growth management (development and redevelopment) in order to serve the residents and property owners of Niceville and maintain and improve the quality of life for all citizens of the city. This ordinance is intended to implement the Niceville Comprehensive Plan and, toward that end, is to be construed liberally in favor of the goals, objectives and policies of the plan.

This ordinance 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 Okaloosa County.

If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this ordinance shall continue in full force and effect.

The effective date of this ordinance shall be February 1, 1991.

ADOPTED: January 22, 1991

MAYOR: /s/ ___________

ATTEST:

/s/ ___________

City Clerk