The purpose of this part is to set forth the basic procedures and criteria to implement this Code with regard to receiving, reviewing, and rendering decisions on applications for development approval. These procedures shall be applied and interpreted in a manner recognizing both the legislative and quasi-judicial aspects of the local government decision-making process. The review authorities established in Division I shall accomplish the administration of this LDC. The city shall establish procedures and administer policies consistent with the comprehensive plan, the Code of Ordinances of the City of Niceville, Florida (Code of Ordinances) and policies established by the city council.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

No person shall undertake the development, redevelopment or subdivision of land within the corporate limits of the city, unless specifically exempted by this Code, except pursuant to a valid final development order, permit, or approval issued in accordance with all legal requirements. All development shall be consistent with the comprehensive plan. All development shall meet city standards and requirements prior to the approval and issuance of a final development order, permit, or approval unless specifically exempted herein.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

(a)

An application for development approval may be withdrawn at any time.

(b)

The withdrawal of any application for development approval may require re-payment of any required fees, specifically if re-advertisement of the project is required and/or additional reviews are required.

(c)

Nothing in this section shall be construed to prevent the planning commission or the city council from delaying action or decision on any application by majority vote to do so.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

2.04.01. It shall be unlawful to, modify an approved site plan, commence the clearing of land for, excavations for, construction of, any building or other structure, including accessory structures, or to store building materials, or erect temporary field offices, or to commence the moving, alteration, or repair of any structure, including accessory structures, until a final development order has been approved and/or the building official has issued a building permit authorizing such development.

2.04.02 No building permit shall be issued unless the proposed development activity conforms to the latest edition of the Florida Building Code any technical specifications or manuals published by the city.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

For purposes of this article, all development activities shall be determined by the planning administrator, to be either administrative, minor, or major development each of which require different levels of review and approval depending on the intensity and type of activity. Table 2-1 below shows the level of review and approval required for each type of development activity. Before submitting an application for formal development review, the applicant shall provide the planning administrator with sufficient information to make this determination on forms provided by the city. The planning administrator shall support such designation by written findings.

Table 2-1—Development Determination, Review Authority, and Approval Mechanism

* The Planning Administrator may at his or her discretion require any Minor Development Approval to be reviewed and approved as a Major Development Approval.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

2.06.01 Authority to file applications.

(a)

Legal authority required. Applicants shall only be accepted with signatures from persons having the legal authority to submit them.

(b)

Persons with legal authority. For the purposes of this Code, applications shall be made by any of the following:

(1)

Owners of a property that is subject to a development application;

(2)

Lessees of property subject to a development application, with the notarized written permission of the property owner;

(3)

The agents of a property owner or lessee, with the notarized written permission of the property owner; or

(4)

Persons who have contracted to purchase property contingent upon receiving the necessary approval under this ordinance, or the agents of such persons, with the notarized written permission of the property owner.

2.06.02 Right of entry for survey, examination, and inspection. An application submittal shall grant any person acting under the direction of the planning administrator in the performance of functions and duties pursuant to this LDC to enter upon such land and make inspections, examinations, and surveys as necessary in its administration and enforcement.

2.06.03 Development application forms. The planning administrator shall establish application forms for all development applications referenced in this article. All development applications shall be submitted on these forms and in such numbers as required, to the building department. The information required to accompany each type of development application shall include, but is not limited to, the following:

(a)

Authority to submit an application, in a form approved by the planning administrator;

(b)

Statement of how the development proposal is consistent with the comprehensive plan and applicable standards and criteria of this LDC;

(c)

Evidence of compliance with all applicable elements of the city's concurrency management system as provided in article 6;

(d)

Documentation that applicant has addressed tree survey, landscape plan, sign plan, solid waste disposal, stormwater management, erosion and sedimentation control, traffic impacts, water and sewer, and similar information as may be required by this Code;

(e)

Development plans, site plans (at scales determined by the city, and including cross-sections and engineering details as requested by the city);

(f)

Master plan/phasing plan with all related attachments, if applicable;

(g)

Boundary survey of the entire property meeting the technical standards of Florida Administrative Code 5J-17.052, completed within two years of the application date and containing a legal description and the total acreage;

(h)

Architectural elevations, if applicable;

(i)

Warranty deed, or such other deed as may be required by the planning administrator;

(j)

Fees, as established by the city; and

(k)

Fiscal impacts including the timing of any needed infrastructure improvements or new facilities, if applicable.

2.06.04 Specific plan requirements. All preliminary and final development plans submitted pursuant to this Code shall conform to the following standards:

(a)

If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

(b)

The front cover sheet of each plan shall include:

(1)

A general vicinity or location map drawn to scale showing the position of the proposed development in the section, township and range, together with the principal roads, city limits, and any other pertinent orientation information.

(2)

A complete legal description of the property.

(3)

The name(s), address(es) and telephone number(s) of the owner(s) of the property. Where a corporation or company is the owner of the property, the name and address of the president and secretary of the entity shall be shown.

(4)

The name, business address and telephone number of those individuals responsible for the preparation of the drawing(s).

(c)

Each sheet shall contain a title block with the name of the development, stated and graphic scale, a north arrow and date.

(d)

The plan shall show the boundaries of the property with a metes and bounds description referenced to a section, township and range and tied to a section or quarter-section or subdivision name and lot numbers.

(e)

The area of the property shown in square feet and/or acres.

(f)

The applicant shall submit one (1) electronic and one (1) paper version of the proposed plan.

(g)

Minor developments may submit required information textually, graphically or on a map, plan, aerial photograph, or by other means, whichever most clearly conveys the required information. It is the responsibility of the developer (applicant) to submit sufficient information in a form that allows ready determination of whether the requirements of this Code have been met.

(h)

Unless otherwise noted, plans for all major developments shall contain prior to the issuance of a development order:

(1)

The location of existing property or right-of-way lines, both for private and public property, streets, sidewalks, buildings, transmission lines, sewers, bridges, culverts, drainpipes, water mains, fire hydrants, and any other public or private easements.

(2)

Any land rendered unusable for development purposes by deed restrictions or other legally enforceable covenants or limitations.

(3)

All watercourses, water bodies, floodplains, wetlands, important natural features, wildlife areas, soil types and vegetative cover on or adjacent to the site.

(4)

The location of environmentally sensitive lands designated pursuant to article 11 of this Code, if any.

(5)

Existing land use and the zoning district of the subject site.

(6)

The location and intensity or density of the proposed development.

(7)

A general parking and circulation plan.

(8)

Points of ingress and egress and any planned public or private roads, rights-of-way, pedestrian ways, bicycle paths or transportation facilities.

(9)

The existing and proposed stormwater management systems on the site and proposed linkage, if any, with existing or planned public stormwater management systems.

(10)

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development.

(11)

Proposed open space areas on the development site and types of activities proposed to be permitted on such open space areas.

(12)

Lands to be dedicated or transferred to a public or private entity and the purposes for which the lands will be held and used.

(13)

A description of how the plan mitigates or avoids potential conflicts between land uses.

(14)

Architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements.

(15)

A soils map of the site or geotechnical report.

(16)

A map of vegetative cover including the location and identity, by common name, of all protected trees (see definitions, article 3).

(17)

A topographic map of the site clearly showing the location, identification and elevation of bench marks, including at least one (1) bench mark for each major water control structure.

(18)

A map showing the locations of any soil borings or percolation tests as may be required by this Code.

(19)

The location of any underground or overhead utilities, culverts and drains on the property and within one hundred (100) feet of the proposed development boundary.

(20)

Area and percentage of total site to be covered by impervious surface(s).

(21)

Grading plans specifically including perimeter grading.

(22)

Construction phase lines.

(23)

Building plans for commercial projects showing the location, dimensions, gross floor area and proposed use of buildings.

(24)

Building setback distances from property lines, abutting rights-of-way and all adjacent buildings and structures.

(25)

Minimum required finish floor elevations of buildings if any.

(26)

The location, dimensions, type, composition and intended use of all ancillary structures.

(27)

The location and specifications of any proposed garbage dumpsters.

(28)

Cross sections and specifications of all proposed pavement.

(29)

Typical and special roadway and drain sections and summaries of quantities.

(30)

Information sufficient to determine compliance with the landscape and tree protection regulations of this Code (reference article 12).

(31)

The location, accompanied by all necessary drawings, construction plans, wiring plans, etc., of all proposed signs.

(32)

The proposed number, minimum area and location of lots, if the development involves a subdivision of land.

(33)

All lots shall be numbered either by progressive numbers or in blocks progressively numbered or lettered except that blocks in numbered editions bearing the same name may be numbered consecutively throughout several editions.

(34)

All interior excluded parcels shall be indicated and labeled accordingly.

(35)

All contiguous property shall be identified by development title, plat book and page, or if the land is un-platted it shall be so designated.

(36)

The total number of residential units per gross acre shall be given.

(37)

Location of on-site wells, if any, and public wells within two hundred (200) feet of any property line, if any.

(38)

Restrictions pertaining to the type and use of existing or proposed improvements, waterways, open spaces, buffer strips and the like shall require the establishment of restrictive covenants and such covenants shall be submitted with the final development plan for recordation.

(39)

If the development is permitted to include private streets, stormwater facilities, common walls, or common areas, ownership and maintenance association document shall be submitted with the final development plan and the dedication contained on the development plan shall clearly indicate the roads and maintenance responsibility to the association without recourse to the city or any other public agency. All such private streets shall meet minimum specifications required by the city.

(40)

If the development is to be phased for any reason, a master plan for the entire project shall be submitted with the development plan for the first phase or phases for which approval is sought. In addition, a schedule indicating approximate development phasing, including the sequence for each phase shall be included.

(41)

The manner in which historic and archeological sites on or near the site will be protected, if any.

2.06.05 General administrative principles. The following principles apply to the development application process:

(a)

When state or federal codes are referenced in this LDC, the most recent enactment or amendment of that regulation shall apply.

(b)

Fees called for in this Code for the various applications and processes shall be established in a resolution adopted by the city council.

(c)

The planning administrator is charged with promulgating the forms and procedures necessary to administratively implement this LDC.

(d)

The city shall adhere to the controlling requirements of State law relative to the processing, hearing and rendering decisions with regard to legislative and quasi-judicial matters. The city shall approve development orders and deny development orders as appropriate and in recognition of the public's right and the rights of property owners to articulated decisions on land use matters.

(e)

Although a glossary of defined terms and various definitions of terms are set forth in article 3, not all terms may be defined and, to that end, the city may refer to and rely upon definitions set forth in the Florida Statutes in order to assist in the administration of this Code.

(f)

The rendering of a decision shall mean the filing of a written development order or a written denial of a development order in the office of the city clerk.

(g)

Upon a final decision made by the city council after all internal appeals being timely filed and determined, applicants may seek timely appeals of actions in a court of competent jurisdiction.

(h)

A change of use shall require appropriate reviews and permitting if the proposed new use increases the density or intensity of the development on real property. A change of use occurs when an existing use or occupancy of land, or a building, is replaced by another use or occupancy.

2.06.06 Pre-application procedures.

(a)

Prior to filing an official application for development, an applicant desiring to develop or plat property within the city may request, or may be required by this Code to schedule, a formal pre-application conference with the city's technical review committee (TRC), which is composed of city staff involved in construction design or technical specifications for specific infrastructure and/or the review, inspection and approval of development activities in the city. Information needed for the TRC conference shall be provided to the applicant by the city.

(b)

No comment made by any city staff or consultant associated with the city during any pre-application conference or discussion with the applicant shall be considered either as approval or rejection of the proposed development or development plans.

2.06.07 Determination of completeness.

(a)

Within seven (7) working days of receipt of an application for review, the planning administrator shall:

(1)

Determine that the application is incomplete and inform the applicant, in writing, as to the deficiencies.

(2)

Determine that the application is complete and inform the applicant that the city is proceeding with the compliance review process.

(b)

Revisions to development order applications. If an application is modified after submittal, the following requirements shall apply:

(1)

Major modification. A major modification of plans initiated by the applicant during the compliance review process that is not in response to city comments may be determined by the planning administrator to constitute the need for a new application submittal.

(2)

Application/document changes. Ownership and/or mortgage holder changes shall require a new signed application cover sheet with updated signatures and a new title opinion as well as possible additional information. Changes to the application may require additional review by the planning administrator.

2.06.08 Review and approval of applications.

(a)

City staff compliance review.

(1)

Once an application is determined to be complete, the planning administrator shall forward copies of the application to all applicable city staff for compliance review and comment.

(2)

The applicant shall be required to schedule a conference with the TRC to discuss the development plan. If city staff finds that additional information is needed for the proper review of the application, the planning administrator shall notify the applicant in writing, specifying the information needed.

(3)

If the application is found not in compliance, a letter shall be sent to the applicant outlining all items that need to be addressed in order for the development to achieve compliance with this LDC. The applicant shall be given thirty (30) calendar days to re-submit the requested items before a new application must be submitted.

(4)

After verification that the application has complied with all applicable requirements of this LDC, the application shall be:

a.

Granted an administrative permit final development order, which allows the applicant to apply for a building permit; or

b.

Placed upon the next practicable agenda of the planning commission in accordance with published schedules and deadlines.

(b)

Planning commission review of applications.

(1)

Once all TRC review comments have been addressed, the planning administrator shall forward the application to the planning commission for consideration.

(2)

Based on the application, the requirements of this article, comments from the TRC and the recommendation of city staff, the planning commission shall:

a.

Determine conformity of the proposed development with the comprehensive plan, this Code, and other applicable requirements.

b.

Hear concerns and desires of surrounding landowners and other affected persons.

c.

Consider any rule, objective or policy of the comprehensive plan or any other criterion applicable to the particular development proposals in formulating its recommendation to either approve or deny the development proposal.

(c)

City council review of applications.

(1)

Following review by the planning commission, the application shall be placed upon the next practicable agenda of the city council.

(2)

The planning administrator shall forward the application, along with the planning commission's recommendation to the city council and the city council shall either accept, reject or accept with modifications the planning commission's recommendation.

a.

In the event of acceptance of the planning commission findings, the application shall be either approved or denied. If approved, the council shall instruct the city manager to authorize the issuance of a final development order.

b.

If the application is approved with modifications, approval of a final development order conditioned upon submittal and approval of specified modifications from the applicant within thirty (30) days.

c.

If the application is denied, the developer may resubmit a proposal for technical review within sixty (60) days and retain in-line priority consideration for such services as sewage and water capacity allocations. If the proposal fails to be approved during the second scheduled development review procedure all earlier submittal dates may be voided.

(d)

Conditions and safeguards. In granting any development order the approving authority, may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of conditions and safeguards made a part of the approval shall be a violation of this LDC. The approval authority shall render a decision to either:

(1)

Approve the request as submitted; or

(2)

Approve the request with conditions; or

(3)

Deny the request.

(e)

Development order denial. In the event an application for a development order is denied, the city shall issue a final order citing the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the request for a development order or permit. The planning administrator may provide comments and recommendations relating to applications prior to taking action to deny a development order.

(f)

Due process. The timeframe for city review, process, and public hearings for all accepted application types shall be determined by the planning administrator. The planning administrator shall provide information depicting all application target timelines for city review and processing which demonstrates its adherence to these timeframes. Although these timeframes are targets and not requirements, all applications shall be duly processed. In no case shall the planning administrator unduly or unreasonably deny comments, reports, decisions, or scheduling of public hearings for applications. After sixty (60) days from application submittal the applicant may request the application to be on the next appropriate agenda, if applicable.

(g)

Independent review of applications. The city may engage necessary technical consultants for the review of an application or a specific technical aspect of an application. The costs of such review shall be paid by the applicant. The costs of such review, shall be borne by the applicant.

2.06.09 Effect of development orders.

(a)

Other permits required. In addition to obtaining a development order from the city, the developer must also obtain all other applicable permits or exemptions, as may be required by law. In the event approval from the city is prerequisite to obtaining other required permits, the city shall issue a letter of intent that states the proposed development is in compliance with this LDC, and that such approval is conditioned upon the developer obtaining all other required permits. The developer must provide proof to the city that all permits or exemptions have been granted prior to receiving a building permit and, if applicable, a final plat.

(b)

Valid period. Development orders shall remain valid for a period of twelve (12) months from the date of issuance. In the event the applicant provides documentation that federal and/or state permits are in the process of being obtained, the expiration date of the development order may be extended in accordance with paragraph (e) below. However, a final plat development order shall remain valid until the subdivision or any part thereof is abandoned in accordance with city and state law.

(c)

Commencement of construction pursuant to a valid building permit. If construction on a site has commenced during the valid period of a development order and pursuant to a valid building permit, construction may continue after the development order expires as long as the development has commenced and is continuing in good faith.

(d)

Commencement of construction during valid period of a preliminary plat. If construction of the required improvements in a subdivision has commenced during the valid period of a development order (for the preliminary plat), the improvements may be completed in accordance with the approved development order beyond its valid period provided has a valid certificate of concurrency. Construction of the required improvements in a subdivision shall be completed or shall be guaranteed for completion pursuant to city requirements.

(e)

Extension of a development order. Within three (3) months before the expiration of any development order, the developer may request an extension not to exceed twelve (12) months. All requests shall be submitted to the planning administrator in writing and shall state the reason(s) for the extension. A maximum of three (3) extensions may be granted provided the development has a valid certificate of concurrency.

(f)

Recording. All development orders, except denial development orders, and any extension, or minor modification thereto, shall be filed with the city clerk and recorded at the expense of the applicant.

2.06.10 Post permit changes. After a building permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms and conditions of the final development order without first obtaining a modification of the order. Similarly, except for minor field modifications as may be allowed by the Florida Building Code, it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of the building permit without first obtaining a city-approved modification to the permit.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

2.07.01 Purpose. This section is established to provide standards and procedures for the granting of variances from the provisions of this Code through approval by the city council when a finding is made that there are conditions peculiar to the property that creates undue construction or development hardships in complying with this LDC.

2.07.02 Applicability.

(a)

Authorized variances. The variance procedures contained in this section may apply to the development standards set forth in the following articles of this Code.

(b)

Prohibited variances. A variance shall not be granted under any of the following circumstances:

(1)

A variance that would permit an inconsistency with the comprehensive plan.

(2)

A variance to permit a use, expressly or by implication, prohibited in the zoning district.

(3)

A variance to permit a development density or intensity not generally allowable in the zoning district.

(4)

A variance in connection with any use or activity that has been approved as a special exception, if within the area covered by the special exception approval.

(5)

A variance based on the permitted or nonconforming use of neighboring lands, structures, or buildings.

(6)

A variance that would violate requirements or regulations of other departments or agencies.

(7)

A variance that would violate specific prohibitions (for example, hours of operation), or procedural requirements.

(8)

A variance based on purely economic considerations.

2.07.03 Review procedures. Applications for variances shall be submitted and reviewed as specified in section 2.07.00.

2.07.04 Review findings. Upon the planning commission findings that the following standards have been met by the applicant, and a recommendation forwarded to the city council to approve the variance request or approve the request with conditions, the city council must find that the following standards have been met, recognizing that the applicant bears the burden of proof.

(a)

Special conditions and circumstances existing which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district.

(b)

The special conditions and circumstances do not result from the actions of the applicant.

(c)

The granting of the variance request will not confer on the applicant any special privilege that is denied by this ordinance or the comprehensive plan to other lands, buildings, or structures in the same zoning district.

(d)

Literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant.

(e)

The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building or structure.

(f)

The grant of the variance will be in harmony with the general intent and purpose of the ordinance, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(g)

The commission/LPA may determine from the city manager or designee, that the requirements of the above paragraph have been met by the applicant for variance.

(h)

General compatibility with adjacent properties and other property in the district.

(i)

Certificate of elevation completed for construction in flood hazard areas.

2.07.05 Effect of variance approval.

(a)

Approval of a variance application shall give the applicant authority to submit an application for a construction permit and/or other appropriate approval. The planning administrator may, within the action for which the variance is required, prescribe a reasonable time limit for which the approved request shall begin, be completed, or both. Unless prescribed as a condition of approval, there is no time limit for a variance.

(b)

A variance shall be approved only on the basis of the information and drawings submitted with the application and shall be valid only for the specific area of variance described and shown on the approved application. No approved variance shall be construed to be a general modification of the requirements of this LDC in any area outside the area of variance described and shown on the approved application.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

2.08.01 Purpose. The purpose of this section is to establish procedures for the review of uses that would not normally be appropriate within a zoning district, but if subject to appropriate limitations, conditions, and safeguards, would promote the public health, safety, welfare, convenience, and comfort.

2.08.02 Applicability. The special exception process can only be applied to those uses noted as special exception uses in article 7.

2.08.03 Review procedures. Applications for special exception uses shall be submitted and reviewed as specified in section 2.05.00.

2.08.04 Review findings. Upon the planning commission findings that the following standards have been met by the applicant, and a recommendation forwarded to the city council to approve the special exception use request or approve the request with conditions, the city council must find that the following standards have been met, recognizing that the applicant bears the burden of proof.

(a)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, on- and off-site traffic flow and control, and access in case of fire or catastrophe.

(b)

Off-street parking and loading areas where required and the economic, noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district.

(c)

Refuse and service areas.

(d)

Utilities with reference to location, availability and compatibility.

(e)

Fencing, screening and buffering with reference to type, dimension and character.

(f)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.

(g)

Required yards and other open space

(h)

Architectural design; and

(i)

Other matters relevant to assuring that the proposed development site fosters desirable conditions and compatibility with the existing environment.

2.08.05 Effect of a special exception.

(a)

Effective date. The rendering of a decision shall mean the filing of a written development order or a written denial of a development order in the office of the city clerk.

(b)

Special exceptions run with the land. Special exceptions are not personal in nature and shall run with the land. However, a special exception shall be approved only on the basis of the information submitted with the application, and shall be valid only for that information, which shall include a floor plan, if applicable.

(c)

Activating a special exception. Approval of the special exception shall give the applicant authority to submit an application for development permits and/or other appropriate approval. Where the special exception approval does not require development permits, the applicant shall provide written evidence to the city that the activity granted has been initiated within the time prescribed by the city, or that right or privilege shall expire.

(d)

Expiration or abandonment of special exception uses. If a special exception does not begin to serve the purpose for which it was granted within twelve (12) months from the date of rendition it shall expire. Provided, however, that the planning administrator may establish a shorter or longer period of time for a special exception use to commence. In addition, the city manager or designee may extend the special exception for up to an additional twelve-month period of time if the applicant can demonstrate good faith reliance. Good faith reliance may include, but is not limited to, the securing of any required permits from other governmental agencies/jurisdictions or the expenditure of substantial funds in reliance on the approved special exception.

(e)

Amendments. Minor amendments not altering the intent and purpose of the approved special exception may be approved by the planning administrator after completing the review process described in subsection 2.08.00. Amendments to an approved special exception, which the planning administrator deems to be major, shall require the submittal of an application and compliance with the review procedures as set forth in this section.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

2.09.01 Purpose. This section is established to provide for zoning map amendments, as may be necessary or desirable from time-to-time, through a review by the city manager or designee and the city council.

2.09.02 Applicability. An application to amend the official zoning map (rezoning) may be filed by the city council, the city manager or designee, the property owner(s), or agent of the property owner(s) representing fifty-one (51) percent or more of the property involved.

2.09.03 Review findings. The city manager or designee and city council shall consider the following criteria when reviewing a rezoning application:

(a)

Whether it is consistent with all adopted elements of the comprehensive plan and whether it furthers the goals and objectives of the comprehensive plan.

(b)

Its impact upon the environment or natural resources.

(c)

Its impact on the economy of any affected area.

(d)

Its impact upon necessary governmental services such as sewage disposal, potable water, drainage, fire and police protection, solid waste, or transportation systems.

(e)

Any changes in circumstances or conditions affecting the area.

(f)

Compatibility with proximate uses and development patterns, including impacts to the health, safety, and welfare of surrounding residents.

2.09.04 Frequency of application. A property owner shall not initiate action for the same rezoning affecting the same parcel of land more often than once every twelve (12) months following denial or approval.

2.09.05 Recording amendments to the official zoning map. The planning administrator shall update the official zoning map as soon as possible after amendments are adopted. Amendments to the official zoning map shall identify the official action by which such amendment was made, the date of such action, and the area involved.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

2.10.01 Purpose. The purpose of this section is to determine when platting is required and to establish a review process consistent with F.S. Ch. 177. It is not the intent of this Code to prohibit the metes and bounds conveyance of real property, but it is the intent of this Code to ensure compliance with the provisions of Florida law.

2.10.02 Applicability.

(a)

Platting required. It shall be a violation of this Code for anyone who is the owner or agent of the owner of any land to transfer, sell, or offer to transfer or sell such land by reference to, exhibition of, or other use of a plat of a subdivision of such land without having a plat recorded in accordance with the requirements of this section and state requirements. Subdivisions are classified as:

(1)

Statutory. The division of a parcel of land, whether improved or unimproved, into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land, and includes establishment of new streets and alleys, additions, and re-subdivisions.

(2)

Non-statutory. The following activities qualify as non-statutory subdivisions:

a.

The combination or reconfiguration of previously platted lots or portions of such lots where the total number of lots is not increased and the resultant lots comply with city requirements.

b.

The public acquisition by purchase, acceptance of deed of dedication, or exercise of the right of eminent domain of strips of land for the widening or opening of streets, or acquisition of property for public purposes or public utilities.

c.

The division of a platted lot, parcel, or tract in single ownership into not more than two (2) lots, where no street right-of-way dedication is involved and where the lots are equal to or exceed the standards of the LDC (minor re-plat).

d.

The original parcel to be considered must have been lawfully created.

(b)

Single sites not requiring platting. No platting shall be required for development within an individual lot, parcel, or tract, provided that such lot, parcel, or tract meets all of the following requirements:

(1)

Has a property identification number(s);

(2)

Was lawfully established by the governing authority at the time it was created; and

(3)

Complies with the minimum lot area requirements of this LDC, or is a legally existing nonconforming lot.

2.10.03 Non-statutory land subdivision review procedures. The application shall be processed administratively in accordance with review procedures and requirements for development orders established in section 2.05.00.

2.10.04 Statutory land subdivision review procedures. The subdivision of land that does not qualify as non-statutory subdivision shall meet the requirements of this section after a development order granting preliminary plat approval has been issued.

(a)

Following the issuance of a preliminary plat development order, the applicant may submit a complete application for a final plat approval on a form provided by the city.

(b)

The application shall undergo a completeness and compliance review as outlined in this Code and F.S. Ch. 177.

2.10.05 Effect of plat approval.

(a)

Effect of preliminary plat approval. Upon issuance of the preliminary plat development order, the developer may apply for a final plat development order.

(b)

Effect of final plat approval.

(1)

The execution of the final plat by the mayor shall be deemed to be the execution of a final plat development order.

(2)

All recording fees, documents, and Mylar (original plat) shall be submitted to the city manager or designee. The city manager or designee shall then transmit the required fees and documents to the clerk of the circuit court for recordation in accordance with F.S. Ch. 177. Executed plats must also be filed with the city clerk.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

2.11.01 Applicability. The provisions of this section apply to all proposed developments in the city, including private road subdivisions.

(a)

Nothing in this section shall be construed as relieving the developer or applicant of any requirement relating to concurrency or maintenance of level of service as may be required by this Code or the comprehensive plan.

(b)

This section does not modify existing agreements between a developer and the city for subdivisions platted and final development orders granted prior to the effective date of this Code.

2.11.02 Improvements, agreements required. The approval of any development plan shall be subject to the developer providing assurance that all required improvements, including, but not limited to, storm drainage facilities, streets and highways, water and sewer lines, parking facilities, open space and recreation facilities shall be satisfactorily constructed according to the approved development plan. The following information shall be provided:

(a)

Agreement that all improvements, whether required by this Code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this Code.

(b)

The term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated. The term shall not exceed five (5) years from the recording of the plat or thirty (30) percent occupancy of the development, whichever comes first.

(c)

The projected total cost for each improvement. Cost for construction shall be determined by:

(1)

An estimate prepared and provided by the applicant's engineer; or

(2)

A copy of the executed construction contract.

(d)

Specification of the public improvements to be made and dedicated together with the time table for making improvements.

(e)

Agreement that upon failure of the applicant to make required improvements (or to cause them to be made) according to the schedule for making said improvements, the city shall utilize the security provided in connection with the agreement.

(f)

Provision of the amount and type of security provided to ensure performance.

(g)

Provisions that the amount of the security may be reduced periodically as construction proceeds and improvements are made.

2.11.03 Amount and type of security.

(a)

The city manager, or his designee, shall be responsible for determining the adequacy of the security proposed to be provided by the developer.

(b)

Security requirements may be met, but are not limited to the following:

(1)

Cashier's check;

(2)

Certified check;

(3)

Agreement between the developer, the lender and the city council;

(4)

Provision of an interest bearing certificate of deposit;

(5)

Irrevocable letters of credit; or

(6)

Surety bond (may be an insurance bond).

(c)

The amount of security shall be one hundred ten (110) percent of the total construction costs for the required developer installed improvements (public and private). The amount of security may be reduced commensurate with the completion and final acceptance of required improvements. In no case, however, shall the amount of the security be less than one hundred ten (110) percent of the cost of completing the remaining required improvements.

2.11.04 Completion of improvements.

(a)

When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance by the city. The recommendation for final acceptance shall be made upon receipt of a certification of project completion by the city engineer or building inspector and one (1) copy of all test results, if any.

(b)

As required improvements are completed and accepted, the developer may apply for release of all or portion of the security consistent with the requirements in subsection [2.11.04](c) above.

2.11.05 Maintenance of improvements

(a)

A maintenance agreement and security shall be provided to assure the city that all required improvements shall be maintained by the developer according to the requirements of this Code relating to roads, streets, stormwater drainage, open space and recreation areas.

(1)

The period of maintenance shall be two (2) years or as otherwise defined during the development review process.

(2)

The maintenance period shall begin with the acceptance by the city of construction of the improvements.

(3)

The security shall be in an amount equal to ten (10) percent of the construction costs or as otherwise defined/required by the city.

(b)

Whenever proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the city, a legal entity shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements.

(1)

When the proposed development is to be organized as a condominium under the provisions of F.S. Ch. 718, common facilities and property shall be conveyed to the condominium association pursuant to that law.

(2)

When no condominium is to be organized, an owner's association shall be created, and all common facilities and properties shall be conveyed to that association.

(3)

No development order shall be issued for a development for which an owner's association is required until the documents establishing such association have been reviewed and approved by the city attorney.

(c)

An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to the city shall be created by covenants running with the land. Such covenant shall be included with the final plat. Such organization shall not be dissolved nor shall it dispose of any common facilities or open space by sale or otherwise without first offering to dedicate the same to the city.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

2.12.01 Purpose. This section is established to outline provisions relating to development agreements, which require approval by the city council.

2.12.02 Applicability. A development agreement may be entered into by an applicant and the city council to provide for matters that relate to the unique conditions of the real property to be developed, the relationship between the public and private aspects of the development, or other terms and conditions that are not typical of a routine development order. Development authorized by a development agreement may be phased. The development agreement may provide that the entire development or any phase thereof shall be commenced or completed within a specific period of time.

2.12.03 Statutory development agreements. Statutory development agreements may be entered into under the authority of the Development Agreement Act as codified in F.S. Ch. 163, and processed in accordance with the requirements of state law.

2.12.04 Non-statutory development agreements.

(a)

Non-statutory development agreements may be entered into under the authority of the home rule powers of the City of Niceville under Article VIII, Section 2 of the Constitution of the State of Florida and F.S. Ch. 166.

(b)

A non-statutory development agreement shall be required for the development of property designated a Community Planned Unit Development (C-PUD) District on the official zoning map.

(c)

A development agreement is transferable if the land and structure(s) continues to be used for the purposes for which it was issued. No person (including successors and assigns of the person who obtained the development agreement) may make use of the land except in accordance with the conditions and requirements of the development agreement. The provisions of the development agreement run with and burden the real property to which it relates until released or amended in accordance with formal action of the city. All development agreements shall require mortgagees to subordinate any mortgages on the property.

(d)

Duration and extension. The negotiated C-PUD development agreement which results from a C-PUD application process shall have a maximum duration of five (5) years or be phased to ensure that development under a C-PUD development agreement proceeds in good faith and the development is not abandoned and is not suspended in a manner which is adverse to the public interest. Upon the five-year term being completed or a phase of the master planned development not being developed in accordance with the phasing schedule set forth in the C-PUD development agreement, the city council may, after obtaining a recommendation from the planning administrator, extend the term of the C-PUD development agreement or the specific development phase. In the interim, no development may be continued or permitted absent an extension approval by means of a development order within three (3) months of the date of expiration, the property shall revert to the zoning district which was assigned to the property prior to the C-PUD District rezoning. A property owner may initiate a request for an extension prior to expiration.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

2.13.01 Appeal of administrative decision of the planning administrator. Any person aggrieved by an administrative decision rendered by the planning administrator regarding the provisions of this LDC may appeal such decision to the city council. The appeal shall be initiated within fifteen (15) calendar days of the rendering of the administrative decision by filing an appeal with the city clerk. Failure to file an appeal within the timeframe specified and exhaust all administrative remedies provided for in this LDC shall constitute a waiver of all rights to appeal the determination by the planning administrator.

(a)

Submittal. A request for a hearing before the city council for an appeal of any determination made by the planning administrator city manager or designee with regard to the administration of the uses and development regulations of this LDC shall be made as follows:

(1)

A completed appeal form and related fee shall be filed with the city clerk. Such application shall state the grounds for review of the decision. Any additional grounds may not be stated at the appeal hearing.

(2)

The appeal form shall be accompanied by such other materials and drawings as needed by the city clerk to clearly understand the substance of the appeal.

(b)

Review procedures. The application shall be submitted to the city council, which shall review the application and either grant or deny the request in accordance with the following:

(1)

In exercising the powers granted, the council may, in conformity with the provisions of this LDC, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determinations of the planning administrator.

(2)

Any petition for a hearing before the city council may be withdrawn prior to action thereon by the city council at the discretion of the applicant upon written notice to the city. The withdrawal of an application shall not result in a refund of the application fee.

(3)

When considering an appeal all of the following factors, at a minimum, shall be evaluated:

a.

Whether the action requested in the appeal is consistent with the comprehensive plan; and

b.

Whether the action requested in the appeal complies with all relevant and appropriate portions of this Code; and

c.

Whether there was an error of fact or law in the decision of the planning administrator.

(4)

At the conclusion of the appeal hearing, the city council shall issue a final decision on the appeal.

2.13.02 Appeal of planning commission decision.

(a)

Submittal. Within thirty (30) calendar days of the rendering of a decision by the planning commission, an appeal may be filed with the city clerk by the owner, an abutting property owner, or the planning administrator. An application together with a fee as established by resolution shall be required.

(b)

Review procedures. The application shall be forwarded to the city council for a public hearing to consider the application. The public hearing shall be a de novo hearing and shall be conducted in accordance with the following hearing steps.

(1)

Preliminary matters.

a.

The mayor shall read the case title.

b.

Disclosure by city council members of ex parte communications, if any.

c.

Swearing in of appellant, city staff, and all witnesses collectively. The swearing in of witnesses may be left to the discretion of the mayor with the concurrence of the appellant.

(2)

City staff's presentation.

a.

City staff's opening statement.

b.

Calling of witnesses and presentation of evidence by city staff.

c.

Cross-examination after each witness, if so elected.

(3)

Appellant's opening statement.

a.

Calling of witnesses and presentation of evidence by appellant.

b.

Cross-examination after each witness, if so elected.

(4)

Public input. Testimony and presentation of evidence by the public with alternating speakers in support of and in opposition to the appeal and cross-examination after each witness, if so elected.

a.

Closing argument by appellant.

b.

Closing argument by city staff.

c.

Rebuttal argument by appellant, if so elected.

d.

Discussion by city council of the evidence presented as it applies to the requirements of the City of Niceville Code of Ordinances and applicable law.

e.

After deliberation, a motion should be made which would either affirm the planning commission's action or reverse the planning commission's action.

1.

In the event the applicant is the appellant, the applicant, or city staff as determined by the planning administrator, shall send a letter to the property owners abutting subject property advising them of the date and time of the meeting.

2.

In the event that an abutting property owner is the appellant, this person will act as spokesperson or appoint a representative. In this case, a special letter will be sent to the applicant stating that an appeal has been filed and that they or their representative will be called upon to act as an opposition spokesperson.

3.

The rendering of a decision shall mean the filing of a written development order or a written denial of a development order in the office of the city clerk.

4.

Unless the order specifically states it is an order without prejudice, it is rendered with prejudice.

(c)

Rehearing.

(1)

If it is alleged that the planning administrator or city council, as the case may be, has overlooked or misapprehended some facts or points of law, a rehearing of any decision of the planning administrator or city council may be granted by the planning administrator or city council either on the motion of any member voting on the prevailing side, or on the motion of any person aggrieved by its decision. That motion shall be in writing, shall be filed with the planning administrator within ten (10) working days after rendition of the decision, and shall state its grounds.

(2)

If the planning administrator or city council decide to grant a rehearing, the movant shall notify by certified mail or hand delivery upon the city clerk and all abutting property owners previously notified of the hearing, together with a notice stating the date, time, and place it will be orally presented to the planning administrator or city council.

(3)

The planning administrator or city council shall not rehear applications based upon the same facts or issues, but rather on new evidence not heard before or new law.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)

2.14.01 Stop-work order; revocation of permit. In the event that any person holding a building permit pursuant to this Code violates the terms of the permit or implements development activities in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the building inspector and/or public works director may suspend or revoke the building permit.

2.14.02 Violation and penalties. No person or corporation shall undertake development or development activities, as defined in article 3, contrary to or in violation of any terms of this Code, and without first obtaining a building permit. Any person or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this Code is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than five hundred dollars ($500.00) for each offense. In addition to any other penalty authorized by this Code, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration.

2.14.03 Due process. Any person or corporation that encounters a problem pertaining to the conditions and requirements of this Code must be afforded due process in that such person or corporation shall be advised in writing by the city manager of any infraction or nonperformance of the terms and conditions of this Code and shall have a reasonable opportunity to be heard in response to the city manager. If the problem cannot be resolved to that person's or corporation's satisfaction an opportunity shall be given to appear and be heard before a meeting of the city council.

(Ord. No. 25-05-01, § 4(App. A), 5-13-25)