This document is the Land Development Code for the City of Niceville and may be referred to also as the "code" or "LDC." It follows in structure and format the Niceville Comprehensive Plan: 2035.

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

The code (LDC) is developed pursuant to Chapter 163.3202, Florida Statutes, the Niceville Comprehensive Plan, 2035, the City Charter and the general powers provided local government in Chapter 166, Florida Statutes.

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

The provisions of this Code apply to all development in Niceville. It takes precedent over any other ordinance, resolution or procedure affecting land use and no development may be undertaken without prior authorization pursuant to this Code.

5.02.01 Exceptions.

(a)

Previous development permits: Neither this Code nor amendments thereto shall affect the validity of a lawfully issued development permit if the following conditions are effective:

(1)

The permitted development activity has commenced prior to the effective date of this Code or any amendment thereto, or will be commenced after the effective date of this Code but within six (6) months of issuance of the building permit; and

(2)

The development activity continues without interruption until the development is complete. If the development permit expires, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

(b)

Consistency with plan: Nothing in this section shall be construed to authorize development that is inconsistent with the Niceville Comprehensive Plan.

5.03.01 Comprehensive Plan, 2035. This code was enacted to provide a single consolidated reference source for land development regulations in the City of Niceville. It replaces and updates certain ordinances that are outdated or redundant. In other cases, it supplements ordinances previously enacted pertaining to land development. Where no regulatory instruction mandated by the Comprehensive Planning Act of 1985 has been previously addressed or codified by city ordinance, this Code provides the requirements in accordance with the Comprehensive Plan, 2010. In all cases, therefore, where there may be a conflict between this Code and existing ordinances, the code shall take precedent. In summary, the code establishes a single set of site design criteria and provides procedures for the expeditious processing of development projects and permit applications.

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

5.03.02 Checklists for preparation and review of development proposals. The unincorporated sec tion ^[4] at the end of this Code provides checklists that must be completed and submitted by developers before a formal review and approval process of construction activity may begin. The following checklists are provided to indicate to developers the areas for consideration prior to submitting an application for a construction permit.

I.

Land Use: Type, Density and Intensity

_____ In what land use district is the development site located?

_____ What uses are allowed in the district?

_____ In residential districts, what is the maximum allowable density?

_____ In commercial districts, what is the allowable intensity (floor area ratio) of the development?

II.

Restricted Zones: Certain sites designated for development may pose additional restrictions either under existing conditions or in future land use. Policies for such sites are found in the Comprehensive Plan. Support documents identify locations and special provisions.

_____ Is the site a historic landmark or within a designated historic district?

_____ Does the proposed development involve the construction in a conservation area, floodplain, or wetlands?

_____ Is the site within the cone of influence of deep wells (200 feet)?

_____ Is the site located on waterfront property?

III.

Consistency and Concurrency Management: This checklist is to help ensure that proposed development is consistent with the Niceville Comprehensive Plan and meets concurrency requirements.

_____ Is the development consistent with the Comprehensive Plan?

_____ Is the general concurrency requirement met with regard to the following considerations?

_____ Will the proposed development use potable water?

_____ Will development create wastewater?

_____ Will development increase traffic on surrounding streets?

_____ Will development change the amount, nature, and patterns of stormwater runoff?

_____ Will development create solid waste?

IV.

Resource Protection Standards: Certain flora and fauna and environmentally sensitive areas may be affected by development. The following checklist should be considered prior to initiating development actions.

_____ Does the site contain protected trees?

_____ Does the site contain wetlands, or other environmentally sensitive lands described in the Comprehensive Plan?

_____ Is the site near a wellfield or wellhead?

_____ Does the site contain habitat of threatened or endangered species?

_____ Does the site contain land in the 100-year floodplain?

V.

Development Design and Improvement Standards: Standards for controlling the development are intended to provide maximum public benefits. This checklist should be reviewed to determine the following requirements: impervious surface ratio, access, building setback, parking, sidewalk and biking, and landscaping.

_____ Will the development involve land subdivision?

_____ Will development contain buildings or other impervious surfaces?

Other design and improvements include:

_____ Will the development involve the installation of utilities?

_____ Will development affect the quality or quantity of stormwater runoff?

_____ Does the site require that a buffer be installed?

_____ Does the development require unique conformance design standards such as for recreational vehicle parks, junkyards, fuel farms?

VI.

Accessory Structures and Uses:

_____ Is a satellite dish antenna to be installed?

_____ Is a storage building, utility building or greenhouse to be installed?

_____ Is a swimming pool, hot tub or similar structure to be installed?

_____ Is a fence to be installed?

_____ Is an accessory apartment to be created?

_____ Is a home occupation to be started?

_____ Is an employee dining room, fitness center or other amenity part of industrial/commercial or does a residential development include a recreation/meeting center?

VII.

Signs:

_____ Are planned signs exempt from city regulation?

_____ Are planned signs prohibited?

VIII.

Noxious Performance Standards:

_____ Will the development create exceptional noise?

_____ Will exceptional vibration be created?

_____ Will air pollution be created?

_____ Will odor be created?

_____ Will risk of fire or explosion be created?

_____ Will there be a risk of electromagnetic interference?

IX.

Hardship Relief (Variance, Special Exceptions):

_____ Is the development in an existing location that does not conform to land use regulations?

_____ Is relief sought from the strict application of a development design standard?

_____ Is relief sought from the resource protection standards?

X.

Boards and Agencies: If a decision is made by a developer to proceed with development after the required checklist forms are completed, procedures for development review established by the city must be followed. Persons, departments, boards and agencies involved in that review are as follows:

1.

The building inspector serves as the developer's initial point of contact with the city;

2.

The Technical Review Committee composed of city staff is headed by a designee appointed by the city manager;

3.

The planning commission hears and makes recommendations to the city council regarding land use and requests for variances and special exceptions;

4.

The local planning agency, pursuant to F.S. 163-3174 has the general responsibility for the conduct of the comprehensive planning program. The LPA prepares and monitors the comprehensive plan, making recommendations to the governing body on changes as may from time to time be required;

5.

The city council is the final authority on all decisions affecting land use in the city.