11.00.01 [Purpose.] The purpose of this article is to provide regulations intended to protect coastal resources, limit public expenditures, mitigate the impacts of floods, protect lives and property and to provide development design and improvement standards applicable to marina siting and coastal management.

11.01.01 Shoreline protection zone. Shoreline protection zone means the area that commences at the mean high-water line and runs to and includes an area five (5) feet landward of the mean high-water line.

(a)

The following areas along Choctawhatchee Bay, Boggy Bayou, Rocky Bayou and Shirks Bayou shall be considered within the shoreline protection zone:

(1)

The waterward line shall mean the line of mean high-water.

(2)

The landward side shall begin five (5) feet landward of the mean high-water line.

(b)

Prohibitions. The following activities, unless specifically excepted, shall be prohibited within the shoreline protection zone (Policy 11.A.1.6).

(1)

Construction of buildings and structures, except for permitted minor structures;

(2)

Removal of vegetation;

(3)

Planting of new vegetation except for native, salt-resistant species suitable for beach stabilization.

(c)

Shoreline enhancement. All persons constructing elevated boardwalks on property located in the shoreline protection zone shall include in their plans, provisions to enhance and revegetate the property.

(Ord. No. 00-10-01, 10-10-00)

11.01.02 Design standards in areas adjacent to shoreline protection zone (Objective 11.A.3; Policy 11.A.3.1; Objective 11.B.2).

(a)

All residential development shall be set back greater than or equal to twenty-five (25) feet from the landward boundary of the shoreline protection zone.

(b)

Total impervious surface, including but not limited to buildings, houses, parking lots, garages, accessory buildings, driveways, pools and walkways is limited to fifty (50) percent of the land area of the entire site.

(c)

The development shall leave a minimum of fifteen (15) percent of the site as trees, shrubs, or other natural vegetation, or replace existing trees at a minimum ratio of two to one (2:1).

(d)

Point source and nonpoint source discharges are prohibited, except for stormwater, which may be discharged only if it meets the following minimum standards:

(1)

Stormwater discharges shall provide off-line retention or off-line detention with filtration of the first one (1) inch of runoff.

(2)

Air quality (see subsection 11.06.01 (d) (1)).

(e)

Siltation and erosion control measures shall be applied to stabilize bands and other unvegetated areas during and after construction. Sediment settling ponds shall be installed for stormwater runoff prior to the creation of any impervious surfaces. For lots or parcels that are cleared, silt screens shall be placed between the construction site and the waterbody to prevent erosion and siltation.

(f)

Any channels constructed shall be of a minimum depth and width capable of achieving the intended purposes. Sides of channels shall reflect an equilibrium [equilateral] shape to prevent slumping and erosion and to allow revegetation.

(g)

Any dredging shall be conducted at times of minimum biological activity to avoid fish migration and spawning, and other cycles and activities of wildlife.

(h)

Any spoil that results from dredging shall be disposed of at upland sites and stabilized within thirty (30) days, unless the spoil is causing turbidity or other problems, in which case the developer must stabilize the spoil immediately.

(i)

If dredging changes the littoral drift processes and causes adjacent shores to erode, the developer shall periodically replenish these shores with the appropriate quantity and quality of aggregate (sand).

(j)

Septic tanks shall not be located closer than one hundred fifty (150) feet from the boundary of the shoreline protection zone. If septic tanks are allowed, there may be no more than two (2) septic tanks per acre of land.

(k)

Where wet moorage is offered for boats which have holding facilities for sewage, or where other recreational vehicles are allowed to stay overnight, then pump-out, holding or treatment facilities shall be provided by the developer for sewage and other wastes, including bilge, contained on vessels and vehicles. The facilities shall be conveniently available to all vessels and/or vehicles.

(l)

If no natural vegetation exists, strips of buffer vegetation shall be planted between development activities and the shoreline protection zone. Buffers shall be a minimum of ten (10) feet wide and shall be composed of native species (Policy 11.B.3.6).

11.01.03 Environmentally sensitive lands. Development plans submitted to the city shall comply with applicable federal, state and water management district regulations relating to environmentally sensitive lands. In all cases the strictest of the applicable standards shall apply (Policy 11.B.3.3).

(a)

Development plans submitted shall include soil tests conducted by testing agencies licensed by the State of Florida to establish soil compatibility specifically in the site of proposed development in environmentally sensitive areas (Policy 11.B.3.1).

11.01.04 Wetlands protection zone. There is hereby created a wetlands protection zone in which special restrictions on development apply (Objective 11.A.2 and Policy 11.B.3.3).

(a)

The boundaries of this zone shall be the most landward extent of the following:

(1)

Areas within the dredge and fill jurisdiction of the department of environmental protection as authorized by Section 403 of the Florida Statutes.

(2)

Areas within the jurisdiction of the U.S. Army Corps of Engineers as authorized by Section 404, Clean Water Act or Section 1, River and Harbor Act.

(3)

Areas within the jurisdiction of the Northwest Florida Water Management District.

(Ord. No. 00-10-01, 10-10-00)

11.01.05 Request for determination of boundaries. A developer may obtain a determination of the boundaries of a protected environmentally sensitive zone by submitting to the city by certified mail or hand delivery a request for determination of boundaries. The request must, as a minimum, set forth an adequate description of the land the developer wishes to develop, the nature of the developer's right to ownership or control of the land, and other information needed to make the determination.

(a)

All such lands shall include all lands within the defined coastal high hazard area and functioning wetlands.

11.01.06 Development activities within protected environmentally sensitive zones. The following provisions apply but are not limited to the environmentally sensitive zones as shown in Chapter 8, Foundation Document (Policies 11.A.2.1 and 7 A.6.4).

(a)

Generally. Except as expressly provided herein, no development activity shall be undertaken in a protected environmentally sensitive zone which includes wetlands protection zone and the shoreline protection zone.

(b)

Activities presumed to have an insignificant adverse effect on protected environmentally sensitive zones:

(1)

Certain activities are presumed to have an insignificant adverse effect on the beneficial functions of protected environmentally sensitive zones. These activities may be undertaken unless it is shown by competent and substantial evidence that the specific activity would have a significant adverse effect on the protected environmentally sensitive area.

(2)

The following uses and activities are presumed to have an insignificant adverse effect on wetlands protection zones:

a.

Scenic, historic, wildlife or scientific preserves.

b.

Minor maintenance or emergency repair to existing structures or improved areas.

c.

Cleared walking trails having no structural components.

d.

Timber catwalks and docks four (4) feet or less in width.

e.

Commercial or recreational fishing or hunting and creation and maintenance of temporary blinds.

f.

Cultivating agricultural or horticultural products that occur naturally on the site.

g.

Constructing fences where no fill activity is required and where navigational access will not be impaired by construction of the fence.

h.

Developing an area that no longer functions as a wetland, except a former wetland that has been filled or altered in violation of any rule, regulation, statute or this Code. The developer must demonstrate that the water regime has been permanently altered, either artificially or naturally, in a manner to preclude the area from maintaining surface water necessary to sustain wetland structure and function. If the water regime of a wetland has been artificially altered, but wetland species remain the dominant vegetation of the area, the city shall determine the feasibility of restoring the altered hydrology. If the wetland may be restored at a cost that is reasonable in relation to benefits to be derived from the restored wetland, the developer shall, as a condition of development, restore the wetland and comply with the requirements of this Code.

(Ord. No. 00-10-01, 10-10-00)

11.01.07 Prohibited on-going activities. The following standards apply to post development activities taking place within any protected environmentally sensitive zone.

(a)

Point source and nonpoint source discharges. Absent an amendment to the development order, point source and nonpoint source discharges shall continue to meet the standards applicable to the original development.

(b)

Clearing. Absent an amendment to the development order, no person shall clear more vegetation than was permitted for the original development.

(c)

Handling and storage of fuel, hazardous and toxic substances and wastes:

(1)

Developments where fuel or toxic substances will be stored, transferred or sold shall employ the best available facilities and procedures for the prevention, containment, recovery and mitigation of spillage of fuel and toxic substances. Facilities and procedures shall be designed to prevent substances from entering the water or soil and employ adequate means for prompt and effective cleanup of spills that do occur.

(2)

No toxic or hazardous wastes or substances shall be stored in outdoor containers.

(3)

Storage or disposal of all types of wastes is prohibited on shorelines.

(d)

Prohibited uses. The long term storage of equipment or materials and the disposal of wastes shall be prohibited.

(e)

Fertilizers, herbicides or pesticides:

(1)

Fertilizers, herbicides or pesticides shall not be applied in a protected environmentally sensitive zone except for projects conducted under the authority of Sections 373.451 through 373.4595, F.S., the Surface Water Improvement and Management Act and governmental authorized mosquito control programs.

(2)

Fertilizers, pesticides and herbicides used in restricted development zones shall be applied sparingly and at appropriate rates and time intervals.

(f)

Spray vehicles. Vehicles used for mixing or spraying chemicals are prohibited from withdrawing water directly from waters.

(g)

Pump-out, holding and treatment facilities for wastes from mobile sources. Sewage, solid waste and petroleum waste generated by vessels or vehicles on the site shall be properly collected and disposed of.

11.01.08 Bayou protection (See section 11.05.00).

11.01.09 Design standards (Objective 11.A.4). The following special design standards apply to wetlands protection zones:

(a)

Wherever possible, natural buffers shall be retained between all development and all protected environmentally sensitive zones. If a natural buffer does not exist, an equivalent buffer shall be created. The size of the buffer shall be the minimum necessary to prevent significant adverse effects on the protected environmentally sensitive area. The factual basis of the decision as to the size of the buffer shall be stated as a finding in the written record.

(b)

The developer shall completely restore any portion of a protected environmentally sensitive zone damaged during construction. Complete restoration means that the damaged area shall, within five (5) years, be operating as effectively as the natural system did prior to being destroyed.

(c)

Other reasonable protective measures necessary to prevent significant adverse effects on a protected environmentally sensitive zone may be required. The factual basis of the decision to require the measure [shall] be stated as a finding in the written record. Protective measures may include, but are not limited to:

(1)

Maintaining natural drainage patterns.

(2)

Limiting the normal removal of vegetation to the minimum necessary to carry out the development activity.

(3)

Expeditiously replanting denuded areas.

(4)

Stabilizing banks and other unvegetated areas by siltation and erosion control measures.

(5)

Minimizing the amount of fill used in the development activity.

(6)

Disposing of dredged spoil at specified locations in a manner causing minimal environmental damage.

(7)

Constructing channels at the minimum depth and width necessary to achieve their intended purposes and designing them to prevent slumping and erosion and allow revegetation of banks.

(8)

Dredging wetlands at times of minimum biological activity to avoid periods of fish migration and spawning and other cycles and activities of wildlife.

(9)

Designing, locating, constructing and maintaining all development in a manner that minimizes environmental damage.

(10)

Prohibiting septic tanks or locating them away from high groundwater areas and peaty soils.

(11)

Using deed restrictions and other legal mechanisms to require the developer and successors to protect the environmentally sensitive areas and maintain the development.

(Ord. No. 00-10-01, 10-10-00)

(a)

Public expenditures in coastal high hazard areas shall be limited to the provision of recreation uses or to increase the public's access to the shoreline (Policy 11.A.1.3).

(b)

Contingent upon available funds and need, the city shall provide easements which provide public access to the waterfront (Policy 11.A.9.1).

11.03.01 Mitigation procedures must be followed in any case where development degrades estuaries, wetlands, bayous, harbors or other natural resources at a level to preserve the natural balance. Degradation means any modifications, alterations, or effects on waters, associated wetlands, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. Degradation shall also include secondary or cumulative impacts.

(a)

General.

(1)

Compensatory mitigation, by which environmentally sensitive lands are purchased, created, enhanced and/or restored to compensate for the loss of such lands, is required whenever a land use is allowed.

(2)

The purchased, created, enhanced or restored environmentally sensitive land must be of the same type as that destroyed or degraded.

(3)

Compensatory mitigation shall not be the basis for approving a project that could not otherwise be approved.

(4)

A developer of a compensatory mitigation plan shall grant a conservation easement under Section 704.06, F.S., on the newly purchased, created, enhancement or restored environmentally sensitive lands to protect them from future development.

(b)

Wetlands. Compensatory wetland mitigation shall require that the amount of wetlands purchased, created, enhanced or restored be large enough to assure that the amount of wetlands destroyed or degraded will be completely and successfully replaced. The following ratios of replacement to destroyed wetlands shall be presumed to provide reasonable assurances for type-for-type mitigation:

(See Chapter 8, Foundation Document)

(1)

North Florida Coastal Strand ..... 2.5:1

(2)

Spruce Pine ..... 2.5:1

(3)

Pond Pine ..... 2.5:1

(4)

Water Oak ..... 2.0:1

(5)

Swamp Laurel Oak ..... 2.0:1

(6)

Swamp Chestnut Oak ..... 1.5:1

(7)

Cinnamon fern ..... 1.5:1

(8)

Japanese Climbing fern ..... 1.5:1

(c)

Disaster amelioration. To minimize the effects of natural disasters in the coastal area the city shall:

(1)

Comply with building code requirements of Chapter 161.55, Florida Statutes, and section 11.04.02 of this Code.

(2)

Participate in the national flood insurance program in conformance with the Federal Disaster Relief Act of 1974.

(3)

Determine the feasibility of eliminating, relocating or structurally modifying public infrastructure which has suffered natural disaster damage and to implement appropriate cost-effective measures to mitigate future damage.

(4)

Maintain the same capacity of any public infrastructure that is relocated, modified or replaced unless the capacity is expanded as part of an approved post disaster hazard mitigation plan in accordance with PL 93-288.

(Ord. No. 00-10-01, 10-10-00)

11.03.02 Clustered development and density transfer. To alleviate any hardship caused by development restrictions on the use of environmentally sensitive areas, the clustering of residential or commercial development within the nonsensitive portions of the project site shall be permitted if other provisions imposed by this Code, adopted ordinances or Florida Statutes are otherwise met by the proposed development. Density and intensity of development shall be applied under the provisions of any approved residential, commercial or PUD land use classification.

(a)

Clustered development. If the site of proposed development encompasses environmentally sensitive areas, the density and intensity of dwellings or commercial units may be authorized to a level that would be permitted for the total square footage of the area including restricted portions.

(1)

Such development must be clustered only on non-sensitive portions of the development site.

(2)

If it is determined during the review of development applications described in Article 2 of this Code that the parcel proposed for development reflects unique or unusual circumstances, or that development of the parcel at the maximum density would affect surrounding land uses in a manner contrary to the public health, safety and welfare, or would be inconsistent with the comprehensive plan, the Local Planning Agency may recommend that the density or intensity of development rights be capped at a specific level. An example might be to cap residential or commercial density where the adopted level of service of access roads may be degraded below a level of "D." In such case, the city council shall be provided findings of fact on which the restriction is based and any mitigating recommendations that would make the parcel eligible for maximum density and intensity potential. In making a final decision in such cases, the city council shall have full latitude to prescribe limited use of the property or density transfer ratios if a one-for-one transfer cannot be accomplished.

11.04.01 The purpose of this subsection is to set forth regulatory controls necessary for the protection of lives and property in coastal high hazard areas and floodplains. Flood damage prevention and control standards set forth in Ordinance 614 [93-9, Chapter 7, Code of Ordinances,] is incorporated into the code by reference. Construction design standards in high hazard areas promulgated by the Standard Building Code and not included in this Code are incorporated into the code by reference.

11.04.02 Coastal high hazard areas (CHHAs) (Policies 11.A.4.1 and 11.A.5.3). In all areas designated as coastal high hazard areas the following standards must be met (see Chapter 8, Foundation Document for generalized locations of CHHAs):

(a)

All new construction and substantial improvements of existing construction shall be located fifty (50) feet landward of the reach of the coastal protection zone; or comply with Federal Emergency Management Agency (FEMA) construction standards as outlined in this section.

(b)

Elevation.

(1)

All new construction shall be elevated so that the bottom of the lowest supporting horizontal member of the lowest floor (excluding pilings or columns) is located no lower than the base flood elevation, with all construction below the lowest member open so as not to impede the flow of water.

(2)

No fill shall be used as structural support. Non-compacted fill may be used around the perimeter of a structure for landscaping or aesthetic purposes provided the fill will wash out from storm surge (thereby rendering the structure free of obstruction) prior to generating excessive loading forces, ramping effects or wave deflection. The city shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect and/or soil scientist demonstrating that the foregoing criteria have been satisfied based upon the following considerations:

a.

The particle composition of the fill material does not have a tendency for excessive natural compaction.

b.

The volume and distribution of the fill will not cause wave deflection to adjacent properties.

c.

The slope of the fill will not cause wave runup or ramping.

(c)

The construction below the lowest floor shall be free of obstruction but may be enclosed with breakaway walls, open wood lattice or insect screening designed to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the structure or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of no less than ten (10) and no more than twenty (20) pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered engineer or architect certifies that the proposed design meets the following criteria:

(1)

The breakaway wall will collapse under a water load less than the load imposed by the base flood; and

(2)

The elevated portion of the structure and supporting foundation system will not collapse, be displaced or suffer structural damage from wind and water acting simultaneously on all building components (structural and nonstructural). Wind and water loading values to be used in this determination shall not be less than those that have a one (1) percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).

(d)

The space below the lowest floor shall be used only for parking of vehicles, building access or storage of equipment used to maintain the premises.

(e)

Anchoring:

(1)

All structures shall be securely anchored on pilings or columns.

(2)

All pilings and columns and the attached structures shall be anchored to resist flotation, collapse and lateral movement caused by wind and water loads acting simultaneously on all components of the structure. Wind and water loading values to be used in designing the anchor and support system shall not be less than those that have a one (1) percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).

(Ord. No. 92-23, 12-10-92; Ord. No. 00-10-01, 10-10-00)

11.04.03 Floodplains. Floodplains are lands which will be inundated by floods known to have occurred or reasonably characteristic of what can be expected to occur from the overflow of inland or tidal waters and the accumulation of runoff of surface waters from rainfall. Design standards for reducing flood hazards in floodplains shall apply as follows:

(a)

Anchoring. All new construction and substantial improvements of existing construction shall be anchored to prevent flotation, collapse or lateral movement of the structure during a base flood. Manufactured homes shall be anchored, tied down, and blocked in accordance with the standards of Section 15C-1.10, F.A.C.

(b)

Construction materials and methods. All new construction and substantial improvements of existing construction shall be constructed with materials and utility equipment resistant to flood damage, and using methods and practices that will minimize flood damage and prevent the pollution of surface waters during a base flood.

(c)

Service facilities and utilities.

(1)

Electrical heating, ventilation, plumbing, air conditioning and other service facilities shall be designed or located to prevent water from entering or accumulating within the components during a base flood.

(2)

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate both infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(3)

On-site sanitary sewage systems shall be located and constructed to avoid impairment to them or contamination from them during flooding, and shall not be installed wholly or partially in a floodplain.

(d)

Residential structures.

(1)

All new construction and substantial improvements of existing construction of residential structures shall be constructed with the lowest floor elevated to or above the flood protection elevation as delineated on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM).

(2)

For all new construction and substantial improvements of existing construction, enclosed areas below the lowest floor that are subject to flooding shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for automatic entry and exit of floodwater. Designs for meeting this requirement must either be certified as meeting this requirement by a registered professional engineer or architect, or must meet or exceed the following minimum standards:

(a)

Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding.

(b)

Place the bottom of all openings no higher than one (1) foot above grade.

(c)

Electrical, plumbing and other utility connections shall not be placed below the flood protection elevation.

(e)

Nonresidential structures. New construction and substantial improvements of existing construction of nonresidential structures including attendant utility or sanitary facilities shall be constructed to meet the following minimum standards:

(1)

Walls below the flood protection elevation shall be substantially impermeable to the passage of water.

(2)

Structural components shall resist hydrostatic and hydrodynamic loads and effects of buoyancy.

(3)

Be certified as meeting the standards of this article by a registered professional engineer or architect.

(f)

Subdivisions.

(1)

All preliminary subdivision proposals shall identify the area of special flood hazard and the elevation of the base flood.

(2)

All final subdivision plans shall identify the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor.

(3)

All public utilities and facilities in subdivisions shall be located and constructed to minimize flood damage, and shall be adequately drained to reduce exposure to flood hazards.

(4)

Each lot must include a site suitable for constructing a structure in conformity with the standards of these flood damage prevention regulations.

(5)

All agreements for deed, purchase agreements, leases, or other contracts for sale or exchange of lots within an area of special flood hazard, must contain in prominent visibility the following flood hazard warning in the document:

Flood Hazard Warning

This property may be subject to flooding. You should contact local building and zoning officials to obtain information about flood elevations and restrictions before making plans for the use of the property.

Cross reference— Flood hazard reduction, Code of Ordinances, Pt. II, § 7-31 et seq.

11.05.01 This article establishes regulations, procedures and standards by which the city shall control and regulate development, construction and activities on, within and contiguous to the bayous. The following regulations and prohibitions shall apply to the bayous and contiguous lands:

(a)

No person shall construct, or add to an existing dock, seawall, bulkhead, mooring piling, modify an existing submerged land lease, or conditions thereto, or conduct dredge or fill operations in, or contiguous to the bayous without first obtaining the proper authorization from the appropriate federal and state agencies. The city shall review all dock construction notifications received from federal and state agencies and make the appropriate comments. The absence of city comments objecting to construction constitutes development approval (Policy 11.A.1.5).

(b)

No fish carcasses and debris shall be discharged into the harbor.

(c)

No person who maintains or operates a dock shall allow or permit the disposal of fish carcasses, litter, waste, petroleum products or other pollutants into the harbor. Trash disposal receptacles shall be anchored to each dock to ensure compliance with the provisions of this article.

(d)

No fuel or oil shall be willfully or knowingly discharged in the bayous. No dock which sells or receives fuel or oil shall be constructed, operated or maintained in the bayous unless an oil abatement plan, in accordance with Coast Guard guidelines, is available at each dock. The city will review oil abatement plans for these types of facilities at the time of receipt of federal or state notification.

(e)

No new or existing dock shall be constructed or modified such that the length of any pier as completed is greater than twenty (20) percent of the width of the bayou at the place where the pier is located, or out two hundred (200) feet, whichever is less.

(f)

No piling(s) shall be added to the waterward end of any pier which piling(s) would make the total length of the dock more than two hundred (200) feet.

(g)

No vessel shall be moored or docked on the waterward end of any pier of the maximum legal length as determined pursuant to subsection (e) above, for more than seventy-two (72) hours.

(h)

No dock shall be constructed which permits the commercial docking of boats with on-board toilets unless such dock is equipped with a sewage pump out or adequate sewage control plan as determined by the city.

(i)

No dock shall be constructed which permits the docking of a liveaboard unless such vessel has an operable holding tank.

(j)

No dock shall be constructed such that it constitutes a hazard to navigation.

(k)

No dock shall be longer than the width, at the mean high-water line, of the lot to which the dock is attached.

(1)

For those docks connected to uplands zoned commercial, a dock may be constructed to a length of one and five-tenths (1.5) times the width of the property at the mean high-water line.

(2)

For the purpose of this article, lots may be combined with neighboring lots. However, no dock may exceed the limitations specified in subsection (e) above.

(l)

No dock shall be constructed or modified such that slip density exceeds one (1) slip per eight (8) linear feet of waterfront footage except that on canals, no lot may have more than one (1) slip per forty-five (45) linear feet of waterfront. However, all lots riparian to a canal shall be entitled to at least two (2) slips on the canal.

(m)

No boat or vessel, entering into, exiting or operating within the bayou shall operate at such speed that would create a wake that endangers other boats or vessels, swimmers or other persons within the harbor, or would contribute to any adjacent land erosion.

(n)

No heated or cooled water may be emitted into the harbor or the harbor canals other than from a boat.

(o)

No pier shall extend more than six (6) feet into a canal waterway.

(p)

No discharge of water shall contain phosphorous or any other substance likely to cause a violation of the water quality standards specified in Section 62, F.A.C.

(q)

No dock or vessel shall be placed within the twenty-five-foot setback of a property line without providing prior written notification to the adjoining land owners and requesting their response. Any objections received from the adjoining property owners will be considered by the local planning agency in their recommendations to the city council.

(r)

No dock shall unreasonably interfere with the riparian rights of others.

(s)

No commercially operated boat docking facilities shall be permitted or operated unless equipped with fire-fighting facilities as specified by the city.

(t)

No electrical or water service upon any dock shall be installed unless a permit is obtained from the City of Niceville Planning and Inspections Department for that service.

(u)

No person, while operating a boat within the bayous, shall allow or permit the disposal of fish carcasses, litter, waste, petroleum products or other pollutants into the harbor from such boats.

(v)

No lot, or multi-contiguous lots, with less than fifty (50) feet of waterfront footage shall be allowed individual docks. Except as otherwise prohibited, docks may be allowed under the provisions of subsection (k) (2).

(Ord. No. 00-10-01, 10-10-00)

11.06.01 Protection of coastal resources and environmentally sensitive lands in the foregoing subsections intrinsically provides for the conservation of affected resources. Conservation also extends to the preservation of air quality; the protection of historical resources; and the protection of endangered species of plants and animals. This subsection provides regulatory controls intended to conserve these resources.

(a)

Preservation of historical resources (Policies 11.A.10.1 and 7.A.4.4). Chapter 4 of the Foundation Document identifies the location of six (6) sites of historic or archaeological significance in Niceville. There are no structures located on the historic sites. Any proposed land use shall be subject to the following:

(1)

No excavation or fill construction activity shall be permitted on sites identified as having historical or archaeological significance without approval of the city and the Department of State, Division of Historic Resources.

(2)

If the impact of development on any area of historic or historic significance is not known, the city shall require that a survey be conducted under the auspices of the Survey and Registration Section, Bureau of Historic Preservation, Department of State, Tallahassee, Florida, 32301.

(3)

If valuable archaeological or historical resources are previously known to exist, development approval shall be conditioned upon performance of archaeological salvage excavation plan approved by the city and the Division of Historic Resources.

(4)

If artifacts of known or suspected historical significance are found on the site, any further land disturbing activities shall cease pending an evaluation by the Division of Historical Resources (Policy 7.A.4.5).

(b)

Flora. Chapter 8 of the Foundation Documents identifies predominant flora in Niceville (see Article 12, Recreation and Open Space for Landscaping requirements).

(c)

Fauna. Chapter 8 of the Foundation Document lists the fauna in the area that are endangered, threatened or of special concern. Where development activity may threaten endangered wildlife, the following regulatory conditions apply:

(1)

Areas known to be important to animal species designated as endangered or threatened by the United States Fish and Wildlife Service or by the Florida Fish and Wildlife Conservation Commission (FFWCC) for reproduction, feeding or nesting of such species shall not be altered or in any way affected by development without the approval of the city and the FFWCC.

(d)

Air quality. Any development with point source emissions that may degrade air quality must comply with all applicable federal and state regulations regarding emission control (Policy 11.B.1.3).

(e)

Municipal solid waste incinerators, area wide incinerators, or incinerators to be operated for commercial purposes shall not be located within the city (Policy 11.B.1.1).

(Ord. No. 00-10-01, 10-10-00)