12.00.01 Parks and recreation facilities are categorized as either resource-based or activity-based as defined below. Level of service (LOS) standards are prescribed for activity based facilities (Policy 12.A.3.2). The city shall continue to ensure that ample recreational facilities are acquired and maintained for public use and enjoyment.

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

(a)

Resource based facilities are oriented to natural resources such as beaches, lakes, bays and bayous. These facilities usually fall under the purview and management of federal and state agencies. It is the responsibility, however, of local governments to preserve and protect such resources within its political jurisdiction and to enhance public access to such facilities. Article 11, Coastal Management, provides for public recreational use and access to resource based facilities consistent with regulations to protect the shoreline and environmentally sensitive areas. Policies set forth in Chapter 12 of the comprehensive plan repeated under section 12.04.00 are referred to Article 11.

(a)

Activity based facilities include localized facilities such as parks, playgrounds, ball fields, and boat ramps. The private sector also provides activity based facilities such as marinas, campgrounds and golf courses on a user-fee basis. Chapter 9 of the Foundation Document lists existing city facilities. With regard to activity based recreation, the following LOS shall govern future acquisition of city maintained and operated recreation and open space:

(1)

The city shall maintain one (1) acre of public accessible recreational facilities for each one thousand (1,000) residential and seasonal population.

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

(a)

The city shall periodically seek funding through the Florida Recreation and Development Assistance Program (FRDAP); the conservation and recreational lands trust fund (CARL) administered by the Department of Environmental Protection (DEP); and the save our coast program also administered by DEP to acquire environmentally endangered lands and other lands for recreation and open space.

(b)

The city shall periodically seek the cooperation and assistance from the department of transportation (DOT) to identify and construct new bicycle route corridors.

(c)

The city shall require that no less than five (5) percent of the total acreage of all new subdivisions be reserved for neighborhood parks with two and one-half (2½) percent being upland.

(1)

A cash-in-lieu payment of five one-hundredths (0.05) of the average sales value of each subdivision lot may be paid to the city for development of recreational facilities at the developer's option and with the approval of the city, e.g.:

Lot value: $20,000 × .05 = $1,000 cash-in-lieu

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

12.04.01 Within the City of Niceville, open space shall mean any privately operated recreational facility, any recreational facility maintained and operated by the city, any waterfront area, and any buffering or landscaping requirement set forth by this Code. The following regulations shall govern the use of open space for landscaping (Policy 12.A.1.2).

12.04.02 Categories: Landscape developments shall consist of six (6) landscape development categories: Open space landscape, front perimeter landscape; interior parking landscape; buffer zone landscape; publicly owned property; and public utility development (Policy 12.A.3.1).

(a)

Open space landscape. All land uses not specifically exempted from the provisions of this Code shall devote a minimum of fifteen (15) percent of the total area to open space landscape.

All property utilized for principal structures, accessory structures and vehicular use areas shall be landscaped and permanently maintained with trees, shrubs, indigenous plants and ground cover.

(b)

Front perimeter landscape. A minimum five-foot wide strip of land abutting the right-of-way shall be landscaped. Width of sidewalks shall not be included within the ten-foot wide front setback perimeter landscape area.

(1)

Material requirements:

a.

Tree count. The total tree count requirement within the front setback perimeter landscape area shall be determined by using a ratio of one (1) tree for each twenty-five (25) linear feet of lot frontage, or major portion thereof, with seventy-five (75) percent of said trees being indigenous trees.

b.

Surface cover. The remainder of the front perimeter landscape shall be landscaped with grass, ground cover, shrubs, hedges, other landscaping treatment or native plants, excluding paving.

(2)

Use of front perimeter landscape:

a.

Overhang areas. Vehicles may overhang no more than two (2) feet into perimeter landscape areas. The overhang area shall not be included as part of the landscape requirement.

b.

Fencing. Fencing shall not be forward of the required front yard building setback line.

c.

Accessways. All accessways through the perimeter landscape areas shall meet the following aisle width maximum and separation minimums: Fifteen-foot one-way drives, no less than twenty (20) feet apart, and twenty-seven-foot two-way drives, no less than twenty (20) feet apart, except as otherwise required by the Florida Department of Transportation. The contiguous landscaping shall conform to the provisions of Section 8.B, as hereinafter stated.

Common ingress and egress to parking areas owned by adjacent land owners are permitted. Such common entryways to parking areas will be treated as a single parking area and must meet all requirements of this Code. Such common entries will only be permitted if there is a written agreement among the owners of the parking areas, which is acceptable to the city, and a copy of the agreement is filed with the city manager. Such agreement shall be created in perpetuity, by written instrument in a form recordable in the public records of Okaloosa County, Florida, and be an irrevocable covenant running with the land, with authority vested in the city to enforce the covenant.

(c)

Interior parking landscape. The following criteria shall apply regarding interior parking landscape:

(1)

Overhang areas. Vehicles may overhang no more than two (2) feet into landscape areas. The overhang area shall not be included as part of the landscape requirement.

(2)

Generally. Interior portions of off-street parking facilities which are not specifically designed as parking spaces or maneuvering areas shall not be paved for vehicle use. Said areas shall be planted and permanently maintained with trees and shrubs and finished with ground cover or other landscape material.

(3)

Maximum number of continuous parking spaces. Landscaping areas with a minimum dimension of nine (9) feet and a minimum total area of one hundred seventy-one (171) square feet shall be provided to break up excessively long, continuous runs of parking spaces. No parking bay shall contain more than fifteen (15) continuous parking spaces without being broken up by a landscaped area. These landscaped areas must have one (1) tree of a minimum height of six (6) feet at the time of planting.

(4)

Termination of parking rows. Each row of interior parking spaces shall be terminated at each end by a landscaped area which shall be a minimum of one hundred (100) square feet with a minimum dimension of ten (10) feet. These landscaped areas must have one (1) tree of a minimum height of six (6) feet at the time of planting.

(5)

For every two thousand five hundred (2,500) square feet of garage parking spaces, one hundred seventy-one (171) square feet of exterior green area is required. No credit shall be given for planters on multi-level parking.

(6)

All interior landscaping areas shall be protected from vehicular encroachment.

(7)

Single-family detached residences are exempt from interior parking landscape requirements.

(d)

Buffer zone landscape. The following criteria shall apply to buffer zone landscape requirements:

(1)

Buffer zone landscaping shall be required between multifamily and single-family zones and between industrial or commercial and any residential zone. It shall be the responsibility of the higher density zoning district property owner to provide and maintain the buffer zone. In no instance shall it be the responsibility of the single-family zoning district property owner.

a.

A landscaped buffer zone consisting of shrubs, hedges, trees, vines, grass, ground cover or other landscape treatment at least five (5) feet in width shall be provided. Such landscaped buffer shall be designed not less than eight (8) feet in height to form a continuous, opaque screen between the zoning districts. Such landscaped barrier shall be located adjacent to the common lot line. Existing native vegetation may be incorporated into buffer zones and credited toward the minimum standard.

b.

A six-foot high masonry wall or wooden fence set in a five-foot wide landscaped buffer area may be substituted for the required six-foot high planted buffer. It shall be the responsibility of the higher density zoning district property owner to provide and maintain the wall or fence. In addition, one (1) tree shall be provided for each twenty-five (25) linear feet of such landscaped barrier or fractional part thereof. Each such planting area shall be landscaped with grass, ground cover or other landscape material, excluding paving, in addition to the required tree.

(2)

Buffer zones waterfront property. Vegetated buffer strips shall be retained in their natural state along the banks of all natural watercourses, waterbodies, wetlands or beach front, within twenty-five (25) feet of mean high tide. The width of the buffer shall be sufficient to prevent erosion, trap the sediment in overland runoff, provide access to the waterbody and allow for periodic flooding without damage to the structures. These areas may be mowed or trimmed as desired.

(e)

Publicly owned property.

(1)

Publicly owned property to be developed in the future shall be in compliance with the landscape requirements. In addition, all new parks and recreation areas are to be landscaped employing every energy conservation landscape method practicable for the particular site.

(f)

Public utility development area.

(1)

A public utility development area shall be developed in compliance with this Code. Additionally, each public utility development area shall comply on each side and back line with the buffer zone landscape requirements as required between industrial or commercial and any residential zone. It shall be the responsibility of the public utility to provide and maintain the buffer zone.

12.04.03 Landscape development standards. To ensure the attainment of the objectives of this Code, the design and installation of required landscaping shall be consistent with the following standards, unless it can be demonstrated that alternative design and installation plans will meet the objectives of this Code. The landscape development standards contained herein shall apply whenever a landscape plan is required. Landscape standards shall be applied only to new development and redevelopment.

(a)

Installation. All landscaping shall be installed in a sound, workmanlike manner and according to accepted good planting practice with the quality of plant materials as hereinafter described. All elements of landscaping, not including plant material except hedges, shall be installed so as to meet all the provisions of this Code.

(b)

Visibility at intersections in all districts. At any street intersection, no plant, tree, shrubbery or any other obstruction shall be allowed to grow in a manner which would impede or restrict the vision of pedestrians or vehicle operators to oncoming traffic (see Figure 8.03.06).

(c)

Preservation and restoration. The number of reforestation trees required on any area to be developed shall be determined by using the ratio of one (1) tree for each one-tenth of an acre. Credit shall be received on the reforestation requirement of this section by preserving existing trees. Trees required for reforestation are in addition to other required trees within this Code. No credit will be given for non-indigenous trees.

(1)

Exclusive of the principal structure area, no "protected tree" may be removed.

(d)

Tree protection.

(1)

During development activity, preserved trees shall be protected from activities which may injure or kill them. Tree protection techniques found in the Tree Protection Manual for Builders and Developers, Florida Department of Agriculture and Consumer Services, Division of Forestry, or equivalent techniques may be used.

(2)

Exclusive of the principal structure area, when a "protected tree" must be removed or relocated, an indigenous tree(s) shall be replaced (see Foundation Documents, Chapter 8).

(e)

Plant material standards.

(1)

Quality. Unless otherwise provided herein, plant material as described in Grades and Standards for Nursery Plants, 1963, Part I and Part II, State of Florida, Department of Agriculture, Tallahassee, shall be credited on the landscape development requirements of this Code.

(2)

Native vegetation. To receive application approval, the applicant shall utilize a minimum of seventy-five (75) percent plant material native to the Northwest Florida area in meeting landscaping requirements. Portions of a development left in the natural state shall be considered meeting landscaping requirements.

(3)

Shrubs and hedges. Shrubs shall be a minimum of twelve (12) inches in height when measured immediately after planting in new development or redevelopment.

(4)

Trees shall be subject to the following:

a.

Size. Trees shall have a minimum height of six (6) feet at time of planting. Trees having an average mature spread of crown less than twenty (20) feet may be arranged in groupings so as to create the equivalent of twenty-foot crown spread.

b.

Tree planting area. The planting area for each tree shall be a minimum of one hundred (100) square feet with a minimum width of five (5) feet around the trunk of the tree and shall be maintained in either vegetative landscape material or pervious surface cover.

c.

Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than twelve (12) feet to such public works, except willow trees shall be no closer than fifty (50) feet to those public works.

(5)

Vines, ground cover, lawn grasses, synthetic plant material and architectural planters shall be subject to the following:

a.

Lawn grasses. Lawn grasses shall be subject to the following:

1.

Lawn grasses and ground cover, vines planted for credit on the landscaping requirements, shall be perennial species capable of thriving in Okaloosa county.

2.

Grasses may be sodded, sprigged, plugged or seeded except that solid sod shall be used in swales or other areas subject to erosion.

b.

Synthetic plant material. No credit shall be granted for use of artificial plant material.

c.

Above-grade planters. No credit shall be granted for use of above-grade planters.

d.

Indigenous endangered plants. Endangered plants shall be protected under the provisions of applicable federal and state laws.

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

12.04.04 Open space, functional classification. Open space is classified as (a) pastoral, (b) utilitarian, (c) corridor. These terms are used to describe broad categories of land use by their respective functions. Generally, they include land suitable for passive recreational and/or conservation such as described below:

(a)

Pastoral open space: The primary role of these lands is to provide resource based and user oriented recreation. These include federal, state and regional parks, forests, historic sites, beaches and other areas established for the protection of the site's natural resources or its aesthetic beauty. Private clubs and recreation areas are included in this classification as well.

(b)

Utilitarian open space: Lands not suitable for residential development due to the existence of hazardous conditions are deemed utilitarian open spaces. These areas include wetlands, lakes and rivers, floodplains, drainage ditches, sinkholes and airport flight path zones. Areas dedicated to future resource development are also classified as utilitarian open spaces.

(c)

Corridor open space: Corridor open spaces are areas through which people travel but which are also designed for aesthetic enjoyment and leisure. These corridors can provide a linkage between recreation areas and residential areas or between two (2) residential areas. An example of these lands is US Route 98 roadway rights-of-way. Other corridors include abandoned railroads, rivers and recreation trails.

12.04.05 Exemptions. Development that has occurred prior to the adoption of this Code, whether private, commercial or public in character, shall be exempt from the landscape provisions. However, any cessation of a nonconforming land use for a period of six (6) months shall require subsequent land use to conform to the landscape requirement upon redevelopment.

12.04.06 Violation and enforcement.

(a)

Violation. Whenever the city determines that a violation of this Code exists, the city shall give written notice indicating the nature of the violation to the occupant, applicant and the owner shown on the most recent tax roll of the county.

(1)

Content. The notice shall include, but not be limited to, the following:

a.

A legal description of the property;

b.

The name of the person upon whom the notice of violation is served; and

c.

A statement advising that upon failure to comply with the requirements of the notice, the city shall take such enforcement procedures as may be required under this Code.

(2)

Service. The written notice required above shall be served upon the person violating the code and the person owning the land by either personal delivery or certified mail.

(b)

Enforcement. Should an owner, agent or person having charge of or occupying any lot or premises covered by this Code refuse or neglect, for a period of ninety (90) days after receiving notice from the city of any violation of this Code fail to resolve such violation, the city may act to resolve such violation without further notice.

(1)

The city may cause the work of removal, replacement and/or cutting to be done and the cost of such work shall forthwith be paid by such owner, agent or other person.

(2)

The city shall place a lien against the property pursuant to law and such lien shall be subordinate only to a subsequent first mortgage.

(3)

Notice required by this Code shall be mailed by registered mail with a return receipt to the owner of record as shown on the tax roll of Okaloosa County.

12.04.07 Penalties. It shall be unlawful for any person to violate or fail to comply with any provision of this Code. The violation of any provision of this Code shall be punished by a fine of not more than five hundred dollars ($500.00).