This chapter shall be entitled and may be referred to as the Unified Land Development Code ("ULDC").

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

This ULDC is enacted pursuant to the requirements and authority of F.S. ch. 163, pt. II (the Local Government Comprehensive Planning and Land Development Regulation Act) and the general powers confirmed in F.S. ch. 166 (Home Rules Powers Act) and the Constitution of the State of Florida.

The purpose of the ULDC is to implement further the comprehensive plan of the city by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the city. Further, the ULDC is adopted in order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development and redevelopment of the city. It is the intent of this ULDC that the development process in the City of Panama City be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; equitable, in terms of consistency with established regulations and procedures, and show respect for the rights of property owners, and the consideration for the interests of the citizens of the city.

The ULDC shall provide a cohesive blueprint for development and redevelopment of the city by addressing strategies to accommodate growth while maintaining neighborhood integrity; ensuring appropriate height and site development requirements and design guidelines; ensuring appropriate transitions and linkages between different neighborhoods and uses; encouraging more walkable neighborhoods; buffering neighborhoods and existing development from the encroachment of incompatible uses; limiting the intensity of future development and redevelopment in a manner that is consistent with current development patterns and that minimizes further negative impacts to the city's infrastructure, traffic congestion, hurricane evacuation clearance times and quality of life and implementing specific development or redevelopment goals or plans that may be established for particular areas by the city commission or redevelopment that is provided by expressly authorized conditional use approval.

The provisions of this Unified Land Development Code are declared to be the minimum requirements necessary to protect human, environmental, social, and economic resources; and to maintain, through orderly growth, and development, and redevelopment the character and stability of present and future land use within the city.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

The following rules of interpretation and construction shall apply to this ULDC:

A.

All words used in the present tense include the future; all words in the single number include the plural and the plural the singular; the words "person," "developer," "occupant," "lessee," "builder," and "owner" include a firm, corporation, or other corporate entity as well as a natural person. The word "used" shall be deemed to include the words "arranged," "designed," or "intended to be used," and the word "occupied" shall be deemed to include the words "arranged," "designed," or "intended to be occupied."

B.

In computing any period of time prescribed or allowed by this ULDC, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

C.

Unless otherwise defined in this ULDC, words and phrases shall be construed according to the common and approved usage of the language. Technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

D.

In the interpretation of an application of this ULDC, all provisions shall be liberally construed in favor of the objectives and purposes of the city and deemed neither to limit nor repeal other powers granted under state statutes.

E.

In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this chapter, the planning director shall be responsible for interpretation and shall look to the city's comprehensive plan for guidance. Responsibility for interpretation by the director shall be limited to standards, regulations and requirements of this chapter, but shall not be construed to include interpretation of any technical codes, nor be construed as overriding the responsibilities given to any commission, board or official named in other sections or chapters of this ULDC.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

Except as specifically provided for in this section, the provisions of this Unified Land Development Code shall apply to all development and redevelopment undertaken in the city. No development or redevelopment shall be commenced, except in accordance with this Land Development Code (ULDC).

A.

Exceptions. No newly adopted provisions of this ULDC or any amendments shall affect the validity of any lawfully issued and effective development order or building permit if:

1.

The development order was issued within six months prior to the effective date of this ULDC or any amendment thereto, or

2.

The respective building permit was issued for the approved development order and is considered an active permit.

3.

If a building permit is issued and the development activity continues without interruption (except because of war, natural disaster, or acts of God) until the development is complete, then the development shall be deemed vested.

4.

Historic neighborhood exception. The city shall allow residents of historic residential neighborhoods to rebuild their residential houses and accessory structures (including carports, decks, sheds and gazebos) on the prior footprint of such house or accessory structure; provided, however, (i) such new houses or accessory structures must meet current building codes and (ii) all new accessory structures must be of similar size and height as the accessory structures that pre-existed on the prior footprint. The residents desiring to rebuild back (on the same footprints) shall fill out a development order application and provide supporting evidence [such as old photograph(s), aerial photograph(s), survey(s), etc.] to the planning staff for their review and determination. This exemption does not apply to deviation beyond the previous footprint unless the deviation is in compliance with the new land development code. In addition, the resident will sign an affidavit that they are in compliance with their previous footprint(s) and that they will provide the same amount or greater of landscaping or screening around such (proposed) structure(s) as their contribution to the neighborhood's aesthetics.

B.

Previously approved development permits. Permits for approved projects that have not expired by the effective date of this ULDC or any amendment must meet only the requirements of the Code in effect when the development order was approved. If any building permit expires or is otherwise invalidated before the commencement of construction, the proposed development shall comply with the requirements of this ULDC and any applicable amendments hereto.

C.

Consistency with plan. Nothing in this section shall be construed to authorize a development that is inconsistent with the city's comprehensive plan.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019; Ord. No. 2759, § 1, 10-27-2020)

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

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

If any subject of this ULDC is controlled by any other law, statute, ordinance or regulation, then that which imposes the more stringent standard or requirement shall govern.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

This ULDC does not affect any private agreement or condition such as a deed restriction or covenant. Regardless of whether or not such private restrictions or covenants are less restrictive or impose a higher standard than the provisions of this ULDC, the city has no duty or right to enforce those private restrictions or covenants.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

This Land Development Code (ULDC) and its various articles, sections, subsections, provisions, and clauses thereof, are hereby declared to be severable and, if any part is adjudged unconstitutional or invalid, the remainder of the ULDC shall not be affected thereby.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)