The purpose of this article is to provide definitions applicable to the land development code.

Abut or abutting: To physically touch or border upon, or to share a common property line or be separated from such a common border by a public right-of-way, alley or easement of record.

Accessory building: An accessory structure/portable and/or non-portable), to include garages, workshops, trellis structures, gazebos, guest house, storage structures, sheds and metal frame, fabric or metal covered structures frequently used as carports, pool enclosures and the like which is situated on the same lot on which the main building is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building.

Accessory dwelling unit: An ancillary or secondary living unit, that has a separate kitchen, bathroom, and sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit.

Accessory structure: All accessory buildings, docks, decks, playground equipment, children's playhouse, tree houses, greenhouses, swimming pools, spas, hot tubs, fallout, bomb and severe weather shelters, towers, fences, satellite dishes and the like which is subordinate to the purpose of the principal building. Accessory structures include all noise-producing equipment, such as air conditioning units, pool equipment, generators and the like that contribute to the comfort, convenience, or necessity of occupants in the principal building.

Accessory use: A use of land or structure that:

(a)

Is clearly incidental to and customarily found in connection with a principal building or use;

(b)

Is subordinate to and serves a principal building or a principal use;

(c)

Is subordinate in area, extent, or purpose to the principal building or principal use served;

(d)

Contributes to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or principal use served; and

(e)

Is located on the same parcel of land as the principal building or use served.

Adjacent to a protected environmentally sensitive area: Any location within five hundred (500) feet of the boundary of any protected environmentally sensitive area, whether the location is on or off the development site.

Adult day care center: Any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services to three (3) or more persons who are eighteen (18) years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services.

Adverse effects: Any modifications, alterations, or effects on waters, associated wetlands, or shorelands, including their quality, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts.

Adversely affected person: Any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including, but not limited to: interests related to health and safety; police and fire protection services; densities or intensities of development; transportation facilities; recreational facilities, equipment, or services; and environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

Agricultural activity: Any farming and forestry operation affecting land or waters such as site preparation, clearing, fencing, contouring, soil preparation, plowing, planting, harvesting, construction of access roads, extraction of stumps and submerged logs, and placement of bridges and culverts.

Alcoholic beverage: A liquid brewed or distilled for human consumption, containing more than one (1) percent alcohol by weight, including beer, wine and liquors.

Alley: See "street."

Alteration: Human-caused activity that modifies, transforms, or otherwise changes the land and/or vegetation, including, but not limited to: removal, displacement, mowing, or disturbance of vegetation excluding permitted prescribed burns; removal, displacement, demucking or disturbance of soil, rock, minerals or water within a plant's root zone; placement of vehicles, structures, debris, fill or other material objects thereon, including introduction or injection of water and other substances; use of mechanical equipment, including vehicle rutting, within a plant's root zone; dredging or excavation of land; construction of new structures or expansion of existing structures; installation of utilities, roads, stormwater management systems, septic tanks, bulkheading, fencing, agricultural activities, site preparation, land clearing, tree cutting, mechanized vegetation removal, contouring, placement of bridges or culverts, extraction of stumps or submerged logs, and the disposal of solid or liquid waste.

(a)

Alteration of a building within a flood hazard area: Any construction or renovation to an existing structure other than a repair or addition. Alterations are classified as Level 1, Level 2, and Level 3 in the Florida Building Code.

(b)

Alteration of a watercourse: A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

Animal clinic, hospital: An establishment where animals are admitted for examination and treatment by one (1) or more persons practicing any form of veterinary medicine, not including a kennel. Animals may be boarded or lodged overnight provided such activity is totally confined within the building. No outside pens or runs shall be allowed (see "kennel").

Apartment: See "dwelling, multi-family."

Apartment, public lodging establishment:

(a)

Non-transient apartment: A non-transient apartment is a building or complex of buildings in which seventy-five (75) percent or more of the units are available for rent to non-transient tenants.

(b)

Transient apartment:A transient apartment is a building or complex of buildings in which more than twenty-five (25) percent of the units are advertised or held out to the public as available for transient occupancy:

Appurtenant structure: A structure attached to the exterior of a building or erected on the roof, usually designed to support service equipment or to support a billboard or the like.

Architect: A person registered and currently licensed to practice architecture in the State of Florida.

Area of shallow flooding: A designated AO, AH or VO zone on the flood insurance rate map, or other area designated on a map by the director with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident.

Area of special flood hazard: The area of special flood hazard shall include:

(a)

All areas designated on a flood hazard boundary map as Zone A or a flood insurance rate map as Zones A, AO, AH, A1—30, AE, A99, VO, or V1—30, VE or V. The relevant flood hazard boundary map and flood insurance rate maps, and any revisions thereto, are adopted by reference and declared to be a part of this Code.

(b)

Other areas of the community designated on a map by the director as having a one (1) percent or greater chance of flooding in any given year. This may include isolated topographic depressions with a history of flooding or a high potential for flooding.

Associated wetlands: Any wetland that is adjacent or contiguous to waters, or which has a direct hydrologic connection to waters.

Automobile: See "motor vehicle."

Automobile court: See "motel."

Automobile rental service: Establishment primarily engaged in renting or leasing passenger autos.

Automobile service station: Buildings and premises designed to cater principally to automobiles, where gasoline, oils and greases, batteries, tires and automobile accessories may be supplied and dispensed at retail.

Base flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year. The area at risk from the base food is called the SFHA. Properties within the SFHA are at a high risk of flooding, with at least a twenty-six-percent chance of flooding over the course of a thirty-year mortgage.

Basement: That portion of a building having its floor below ground level on all sides.

Bed and breakfast inn: A bed and breakfast inn is a family home structure, with no more than fifteen (15) sleeping rooms, which has been modified to serve as a transient public lodging establishment, which provides the accommodation and meal services generally offered by a bed and breakfast inn, and which is recognized as a bed and breakfast inn in the community in which it is situated or by the hospitality industry. [F.S. § 509.242]

Beneficial functions of a protected environmentally sensitive area: Those functions, described in the conservation element of the comprehensive plan, that justify designating an area as environmentally sensitive.

Bicycle paths: Bicycle paths and bicycle facilities are those built in accordance with the Florida Department of Transportation (DOT) design and construction standards.

Block: A tract of land bounded by streets, alleys, shorelines, waterways or other definite boundaries.

Board: Board shall mean the Niceville Planning Board otherwise known as the planning commission.

Boarding house: An establishment where lodging is provided for compensation: (a) by prearrangement, (b) other than in dwelling units, (c) for a total of six (6) to twenty-four (24) persons unrelated by blood, marriage or legal adoption to the owner or operator of the boarding house, and (d) with service of meals to boarders For similar facilities for twenty-five (25) or more persons, refer to the definition of hotel in this article. Owners/operators must be registered with the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants in order to be considered a boarding house by the city. Boarding houses shall not include homes with foster children placed by the Florida Department of Children and Family Services, small community residential homes and large community residential homes.

Breakaway wall: A wall that is designed and constructed to collapse under specified lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Breezeway: A roofed, at-grade open passage connecting a detached single-family dwelling unit to an accessory building. A breezeway is not a space enclosed by walls, nor does a breezeway make two (2) detached structures a single unit.

Building: A structure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel, or similar structure. Buildings may refer to a historically or architecturally related complex, such as a courthouse and jail, or a house and barn. Parking lots and garages are hereby deemed to be "buildings."

Building area: The total ground area, taken on a horizontal plane at the mean grade level, of each building and accessory building, but not including uncovered entrance platforms, terraces and steps.

Building clusters: A group of structures, arranged in a geometric configuration other than a straight line, and sharing the same common areas and amenities such as swimming pools, parking lots, etc.

Building frontage: The single facade constituting length of building or that portion of a building occupied by a single office, business, or enterprise abutting a street, parking area, or other means of customer access such as an arcade, mall, or walkway.

Building height: The vertical distance measured from the established mean grade at the front building line to the highest point on the roof, including the chimneys.

Building inspector: A city officer of the code enforcement department or buildings inspection department who has been appointed by the city manager to review and inspect buildings, building plans and development plans, including erosion and sediment control plans, construction site waste management plans, and to enforce the land development code.

Building line: The innermost edge of any required yard or setback.

Building permit: A permit for construction, issued by the building inspector according to the Florida Building Code, as amended.

Building setback: A line parallel to the front lot line, tangent to the nearest part of the principal building extending from side lot line to side lot line.

Campground: A place where buildings or sites for vehicles or tents are rented for use as temporary living quarters for recreational purposes.

Certification of occupancy: Official certification that a premises conforms to provisions of the zoning ordinance and building code, and to be used or occupied. Such certification is granted for new construction or for the substantial alteration or additions to existing structures. A structure may not be occupied unless such certificate is issued.

Certified contractor: A contractor who has received training to inspect and maintain erosion and sediment control practices and construction site waste management practices.

Child care center: An establishment where children, other than members of the family occupying the premises, are cared for away from their own home by day or night. The term includes day nurseries, but does not include foster homes.

Church: A building designed and/or used for public worship.

City planner: The city manager, or designee, responsible for assuring the orderly growth of Niceville and to enforce ordinances pertaining to zoning and development.

Clearing: The removal of trees and brush from the land, not including the ordinary mowing of grass. Clearing means the destruction and removal of vegetation by manual, mechanical, or chemical methods

Clinic: An establishment where patients who are not lodged overnight are admitted for treatment and examination by one (1) or a group of persons practicing any form of healing or health related services which is lawful in the State of Florida.

Club: Buildings, facilities and property owned and operated by a corporation or association of persons for social or recreational purposes, including those organized chiefly to promote friendship or welfare among its members, but not operated primarily for profit or to render a service which is customarily carried on as a business.

Cluster housing: Single-family dwelling units are constructed after development design wherein certain standards are relaxed to permit modifications in lot size, shape, width, depth, orientation and building setbacks. (Cluster housing differs from townhouses in that they do not have common walls.)

Coastal A Zone: Part of the coastal SFHA where wave heights can be between one and one-half (1.5) and three (3) feet during the base food event.

Coastal high hazard area: The area below the elevation of the Category 1 storm surge line as established by a sea, lake, and overland surges from hurricanes (SLOSH) computerized storm surge model. A coastal high hazard area (CHHA) is identified as Zone V or Zone VE on FEMA flood maps. These parts of the coastal SFHA are called "V zones" and they show areas where waves and fast-moving water can cause extensive damage during the base flood event. In V zones, wave heights are larger than three (3) feet.

Commercial transient living accommodations: Hotels, motels, bed and breakfast, boarding houses, and other transient accommodations. Commercial transient living accommodations do not include any form of short- or long-term residential uses.

Commercial use: Activity carried out for monetary gain.

Community residential home: A dwelling unit licensed to serve clients of the Department of Children and Family Services, which provides a living environment for seven (7) or more unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

(a)

Community residential home, large: A dwelling unit licensed to serve clients of the DCF, which provides a living environment for seven (7) or more unrelated residents.

(b)

Community residential home, small: A dwelling unit licensed to serve clients of the DCF, which provides a living environment for six (6) or fewer unrelated residents who operate as the functional equivalent of a family.

Comprehensive plan: The adopted City of Niceville comprehensive plan, as adopted and amended, as required by the Local Government Comprehensive Planning Act (LGCPA) enacted by the Florida Legislature in 1975. The Florida Attorney General has affirmed that the plan is preeminent in resolving conflicts involving the plan and city ordinances.

Concurrency: A condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development project.

Construction site waste management plan: A document indicating the specific measures to manage and dispose of materials such as surplus or refuse building materials and hazardous wastes to reduce the risk of pollution.

Contractor: A person who is certified or registered by the state department of business and professional regulations.

County: County shall mean Okaloosa County, Florida.

Cultural resource: A site, object, structure, building or district listed on the city's survey of cultural resources or in the historic preservation element of the city comprehensive plan or on the local register of historic places.

DBH: Diameter at breast height. "Breast height" is defined to be fifty-four (54) inches above the surface of the ground at the base of the plant or tree. In the case of a tree with multiple main stems, the diameter shall be the sum of the diameters of the stems.

Demolition: The tearing down or razing of twenty-five (25) percent or more of a structure's external walls.

Density or gross density: The total number of dwelling units by the total site area, less public right-of-way.

Detention: The collection and storage of surface water for subsequent gradual discharge.

Developer: Any person who engages in or proposes to engage in a development activity either as the owner or as the agent of an owner of property.

Development of regional impact: Development that impacts on infrastructure, concurrency, the environment or other considerations beyond the political jurisdiction in which development occurs.

Development or development activity: Any of the following activities:

(a)

Construction, clearing, filling, excavating, grading, paving, dredging, mining, drilling or otherwise significantly disturbing the soil of a site.

(b)

Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials.

(c)

Subdividing land into two (2) or more parcels.

(d)

A tree removal for which authorization is required under this Code.

(e)

Erection of a permanent sign unless expressly exempted by this Code.

(f)

Alteration of a historic property for which authorization is required under this Code.

(g)

Changing the use of a site so that the need for parking is increased.

(h)

Construction, elimination or alteration of a driveway onto a public street.

Development order: An order granting, denying, or granting with conditions an application for a specific development or a development permit. A distinction is made between development order, which encompasses all orders and permits, and three (3) distinct types of development orders: preliminary development order, final development order and development permit. See sub-paragraphs below:

(a)

Preliminary development order: Any preliminary approval which does not authorize actual construction, mining, or alterations to land and/or structures. A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual and conditional approvals where a series of sequential approvals are required before action authorizes commencement of construction or land alteration. For purposes of this Code, preliminary development orders include future land use map amendments, comprehensive plan amendments which affect land use or development standards, preliminary development plan approval, and master plan approval.

(b)

Final development order: The final authorization of a development project; the authorization which must be granted prior to issuance of a development permit as defined for purposes of this Code. (The final development order authorizes the project, whereas the development permit authorizes specific components of the project, such as building construction, parking lot installation, landscaping, and the like.) For purposes of this Code the final development plan approval is the final development order.

(c)

Development permit: Any permit that authorizes the construction, erection, alteration, modification, repair, or demolitions of any building or structure; all types of construction permits (plumbing, electrical, foundation, mechanical, and so forth); and, grading and clearing permits, tree removal permits, sign permits, etc.

Dimension variance: A departure from the terms of this ordinance pertaining to height, width, depth and area of structures and size of yards and open spaces where such departure will not be contrary to the public interest, and where conditions are peculiar to the property because of its size, shape or topography, and not the result of actions of the applicant.

Direct hydrologic connection: A surface water connection which, under normal hydrological conditions, occurs on an average of thirty (30) or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection.

District: A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or areas, which are united historically or aesthetically by plan or physical development. A district may be comprised of individual resources which are separated geographically but are linked by association or history.

Domestic animals: A domesticated animal such as a cow, horse, sheep, pig, goat or chicken; but not necessarily limited to such. Dogs and cats are not included.

Dormitories: A room, apartment or building containing sleeping accommodations operated for the use of students enrolled in an educational institution.

Drainage way: Any channel that conveys surface runoff throughout the site.

Drip line: The outermost perimeter of the crown of a plant as projected vertically to the ground.

Drive-in restaurant: An establishment where food is served to persons in vehicles for consumption on or off the premises.

Dry cleaners: An establishment where the process of removing stains from wearing apparel, textiles, fabrics, rugs, etc. is carried on. It may include the process of dyeing clothes or fabrics.

Dwelling: A building which is designed or used exclusively for residential purposes, but does not include hotels, motels or any temporary lodging for transient residence.

Dwelling unit: A single housing unit providing complete, independent living facilities for one (1) housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation.

(a)

Dwelling, single-family: A dwelling designed for and/or occupied by one (1) family and having one (1) primary entrance.

(b)

Dwelling, two-family (duplex): A dwelling which has two (2) kitchens and is designed for and/or occupied by two (2) families, having one (1) or two (2) primary entrances.

(c)

Dwelling, multiple: A dwelling designed for and/or occupied by three (3) or more families and having one (1) or more primary entrances.

Easement: An interest in land owned by another which entitles the holder to a specific use or enjoyment.

Elevations: All mean sea level (MSL) elevations in this ordinance shall be measured from certified bench marks throughout the area.

Enclosed living area: Measurements made from outside of exterior walls. Screened porches, garages, patios, and closets not opening to the interior shall not be construed to mean enclosed living area.

Enforcing officer: See "city planner."

Engineer: A person registered and currently licensed to practice professional engineering in the State of Florida.

Erosion and sediment control manual: The field manual on sediment and erosion control best management practices for contractors and inspectors currently in use by the building inspector and/or public works director.

Erosion and sediment control plan: Set of plans prepared by or under the direction of a licensed professional engineer indicating the specific measures and sequencing to be used to control erosion and sediment on a development site during and after construction.

Erosion control: A measure that prevents erosion.

Estuarine setback: The mean sea level (MSL) as established by the National Geodetic Vertical Datum of 1929 plus two and one-half (2½) feet.

Existing: For purposes of the stormwater management provisions of this Code, the average condition immediately before development or redevelopment commences.

Extremely-low-income persons: means one (1) or more natural persons or a family whose total annual household income does not exceed thirty (30) percent of the median annual adjusted gross income for households within the state. The Florida Housing Finance Corporation may adjust this amount annually by rule to provide that in lower income counties, extremely low income may exceed thirty (30) percent of area median income and that in higher income counties, extremely low income may be less than thirty (30) percent of area median income.

Facade: The entire building wall, including wall face, parapet, facia, windows, doors, canopy and roof on any complete elevation.

Family: One (1) or more individuals occupying a dwelling unit and living as a single household unit.

Fences: Open chain link, brick, wrought iron or wood fences separating lots or for partitioning of swimming pools, gardens, or patios, subject to restrictions contained in the various zoning districts.

Filling station: See "automobile service station."

Finding: A determination or conclusion based on the evidence presented and prepared in support of a decision by the planning commission or by the Niceville City Council.

First floor level; lowest floor of structure: See "ground floor."

Flood or flooding: A temporary, partial or complete inundation of normally dry land from the overflow of inland or tidal waters, or from the unusual and rapid accumulation of runoff or surface waters from any source.

Flood elevation certificate: A certificate prepared by the Federal Emergency Management Agency, FEMA, to be completed by persons wishing to build in flood hazard areas. The certificate must be completed prior to the issuance of a building permit by the building inspector.

Flood hazard areas: Areas of Niceville identified as flood hazard areas by the flood insurance rate map (FIRM) prepared by the Federal Emergency Management Agency or in the Niceville Comprehensive Plan.

Flood hazard boundary map (FHBM): The map issued by the Federal Emergency Management Agency showing flood-prone areas. Drawn from United States Geological Survey Maps, it does not provide flood elevations and is intended to be used only until the flood insurance rate map is produced.

Flood insurance rate map (FIRM): The official map issued by the Federal Emergency Management Agency showing both the area of special flood hazard and the risk premium zones within the city.

Floodplain management ordinance: An ordinance developed by the City of Niceville regulating the construction in the city's floodplain.

Floodplain: Land which will be inundated by floods known to have occurred or reasonably characteristic of what can be expected to occur from the overflow of inland or tidal waters and the accumulation of runoff of surface waters from rainfall.

Floodway: The channel of a natural stream or river and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.

Floor area, gross: Total floor area of all stories including halls, stairways, elevator shafts, and other related uses, measured to outside faces of exterior walls.

Floor area, minimum: The area included within the surrounding walls of a building exclusive of vent shafts, courts, carports, garages, breezeways, patios and stairwells.

Floor area ratio (FAR): A means for determining intensity of land use. FAR is calculated by adding all authorized floor levels minus setback, landscape and parking requirements and then dividing this total by the gross site area.

Fraternities: See "clubs."

Frontage: The length of the property line of any one (1) premises along a street on which it borders, that side of a lot abutting on a street; the front lot line.

Functionally dependent use: A use which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking, loading and unloading of cargo or passengers, ship building and ship repair, or processing seafood. The term does not include long-term storage or related manufacturing uses.

Garage apartment: An accessory building containing living facilities and space for at least one (1) automobile.

Garage, mechanical: Buildings where the services of an automobile service station may be rendered, i.e., maintenance, service and repair of automobiles; not to include body work, painting, storage for purpose of using parts, or any other activity which may be classified as a junk yard.

Garage, private residential: An accessory building or portion of the principal building, including carport, used for the storage of automobiles owned by occupants of the principal building.

Government uses and structures: Any land, building or use that is owned and operated by the city, county, state or federal government, and over which such government exercises direct and complete control.

Grade: The average elevation of the ground adjoining a building or structure on all sides.

Grading: Excavation or fill of material, including the resulting conditions thereof.

Gross density or density: The total number of dwelling units divided by the total site area, less public right-of-way.

Gross floor area: The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling [height] is less than six (6) feet.

Ground floor: See "first floor level."

Guest home: A private dwelling in which transient sleeping accommodations are provided for monetary gain. Same as a short-term rental, tourist home or vacation rental. Only applicable to R-3 zoning districts.

Habitable first floor: The first floor usable for living, which includes working, sleeping, eating, cooking or recreation, or any combination thereof. A floor used only for storage purposes is not a habitable floor.

Highest adjacent grade: The highest natural elevation of the ground surface adjacent to the proposed walls of a structure.

Home occupation: Any activity carried out for gain by a resident [and] conducted as an accessory use in the resident's dwelling unit.

Homeowners association: A group of homeowners in a geographical area banded together for a specific purpose.

Hospital: A building where medical and surgical diagnosis or treatment is available to persons under the care of doctors and nurses.

Hotel: A building containing guest rooms designed to be used or rented for sleeping purposes by transient guests. An establishment where lodging is provided for compensation other than in dwelling units, and for twenty-five (25) or more persons. A hotel must provide a centralized front desk area that is open twenty-four hours for all check-in/check-out and service needs and daily room cleaning service. Additionally, the hotel must be managed, maintained, and operated by a single entity and shall be marketed like a hotel, condotel, or similar name that infers "hotel-like" services. Hotel units may contain kitchenette facilities (limited cabinet space and small appliances), sitting/living rooms, and bedrooms. However, bedrooms shall not contain walk-in closets. For purposes of these regulations, the term "hotel" shall be construed to include motel, motor court, motor inn, tourist court, motor lodge and similar facilities, if for twenty-five (25) or more occupants. For establishments where a smaller number of persons are accommodated, see "bed and breakfast inn," "boarding house," [and] "rooming house."

Impervious surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

Improvement: Any man-made, immovable item which becomes part of, is placed upon, or is affixed to real estate.

Junkyard: Premises or portions thereof used for the storage or sale of used and discarded materials, including, but not limited to, paper, rags, metal, building materials, appliances, household furnishings, machinery, vehicles, equipment, or parts thereof. The storage for a period of two (2) or more months of two (2) or more wrecked or partly dismantled motor vehicles, parts of dismantled motor vehicles, or the sale of parts thereof, not capable of or not intended to be restored to highway operating condition shall also constitute a junkyard. For the purposes of this Code, such uses as automobile reclaiming businesses, automotive wrecking businesses, automotive salvage businesses and recycling centers shall be considered junkyards.

Kennel: A shall mean any commercial or business premises or other premises where dogs are boarded for compensation, or are cared for or trained for hire, or are kept for sale or bred for sale, where the care, breeding or sale of the dogs is the principal means of livelihood of the occupants of the premises.

Kindergarten: A building used for the instruction of preschool-aged children.

Land area: The total land area within the property lines of a lot.

Land surveyor: A person duly registered in the State of Florida under F.S. Ch. 472, who is in good standing with the State Board of Professional Engineers and Surveyors.

Land use: The development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an adopted comprehensive plan or element or portion thereof, land development regulations, or a land development code, as the context may indicate.

Land use certificate: Certificate issued by the city manager indicating that a proposed use of land is in conformity with the zoning regulations, a prerequisite to issuance of a building permit.

Land use intensity: The overall structural mass and open space relationship in a developed property. It correlates that amount of floor area, livable space, recreation space and car storage of a property with the size of its site or land area.

Laundry, self-service: A business that provides coin operated washing, drying, dry cleaning and/or ironing machines for hire to be used by customers on the premises.

Level of service: An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility.

Limit of moderate wave action (LiMWA): The LiMWA marks the inland limit of the Coastal A Zone—the part of the coastal SFHA referenced by building codes and standards where wave heights can be between one and one-half (1.5) and three (3) feet during a base flood event.

Lock-out units: Rooms with a separate bath within a living unit that can be accessed by means other than the main entrance of a dwelling unit without entering the dwelling unit. Lockout units are considered as separate units for the purposes of calculating residential density, parking and concurrency and are allowed as both short- and long-term residential uses.

Lodging house: See "boarding house."

Long-term care facility: A nursing home facility, assisted living facility, adult family-care home, board and care facility, or any other similar residential adult care facility.

(a)

Adult family-care home: A full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a twenty-four-hour basis, for no more than five (5) disabled adults or frail elders who are not relatives. The following family-type living arrangements are not required to be licensed as an adult family-care home:

1.

An arrangement whereby the person who owns or rents the home provides room, board, and personal services for not more than two (2) adults who do not receive optional state supplementation under F.S. § 409.212. The person who provides the housing, meals, and personal care must own or rent the home and reside therein.

2.

An arrangement whereby the person who owns or rents the home provides room, board, and personal services only to his or her relatives.

3.

An establishment that is licensed as an assisted living facility under F.S. Ch. 429.

(b)

Assisted living facility: Any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one (1) or more personal services for a period exceeding twenty-four (24) hours to one (1) or more adults who are not relatives of the owner or administrator.

(c)

Nursing home facility. Any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide nursing services for a period exceeding twenty-four-hour nursing, personal or custodial care for three (3) or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three (3) persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services.

Long-term residential use: Any residential accommodation that is available for occupancy for one hundred eighty-one (181) days or more.

Lot: A designated parcel, tract or area of land established by plat, subdivision or as otherwise allowed by law.

(a)

Corner lot: A lot abutting upon two (2) or more streets at a street intersection.

(b)

Double frontage lot: A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

(c)

Interior lot: Lot other than a corner lot.

(d)

Nonconforming lot: A lot which fails to meet requirements of the zoning district in which it is located with regard to lot area, width or other characteristic.

Lot depth: The average horizontal distance between the front and rear property line.

Lot line: The boundary dividing a lot from a right-of-way or adjoining tracts of land.

Lot of record: A lot which exists as shown or described on a plat or deed in the records of the local registry of deeds.

Lot width: The horizontal distance measured along the building setback line, between the two (2) side property lines.

Low-income persons: means one (1) or more natural persons or a family, the total annual adjusted gross household income of which does not exceed eighty (80) percent of the median annual adjusted gross income for households within the state, or eighty (80) percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.

Lowest floor: The lowest enclosed floor of a structure, including a basement, but not including the floor of an area enclosed only with insect screening or wood lattice as permitted by the flood damage prevention regulations in this Code.

Maintenance: That action taken to restore or preserve the original design and function of any structure or system.

Major deviations: A major deviation is a deviation other than a minor deviation, from a final development plan.

Manufactured home: A dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards.

Manufactured housing: Manufactured housing has the following features or characteristics. It is:

(a)

Mass produced in a factory;

(b)

Designed and constructed for transportation to a site for installation and use when connected to required utilities;

(c)

Either an independent, individual building or a module for combination with other elements to form a building on the site.

Marina: A premises or site used for the rental of covered or uncovered boat slips or dock space, marine fuel and lubricant sales, boat and motor rental facilities, live bait sales, and boat dry storage. In addition, an auto parking lot, modern public rest rooms, potable water and minor boat and engine repair facilities shall be available. Sanitary facilities (pump out) for boats with personnel living aboard are required by the Department of Environmental Protection and these regulations. Lounges, motel and restaurant facilities, ice, food and beverage sales, on and off premises, ship's chandler and fishing tackle sales, major boat and engine repair facilities are permitted uses in connection with a marina as a principal business offering facilities for boats, crews and guests.

Mean sea level: The average height of the sea for all stages of the tide. For purposes of this Code the term is synonymous with National Geodetic Vertical Datum (NGVD).

Metes and bounds: A system of describing and identifying land by a series of lines around the perimeter and an area known as a metes and bounds description; "metes" means bearings and distances and "bounds" refers to monuments, both legal and physical.

Minor deviation: A minor deviation is a deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

(a)

Alteration of the location of any road, walkway, landscaping or structure by not more than five (5) feet.

(b)

Reduction of the total amount of open space by not more than five (5) percent, or reduction of the yard area or open space associate with any single structure by not more than five (5) percent; provided that such reduction does not permit the required yard area or open space to be less than that required by this Code.

Minor replat: The subdivision of a single lot or parcel of land into two (2) lots or parcels, or the subdivision of a parcel into two (2) or more lots solely for the purpose of increasing the area of two (2) or more adjacent lots or parcels of land, where there are no roadway, stormwater management or other required improvements, and where the resultant lots comply with the standards of this Code.

Mobile camper: A vehicle constructed with wheels and designed for temporary lodging when traveling or for recreational use (other than mobile homes).

Mobile home: A transportable structure designed to be used as a year-round residential dwelling, built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards, which became effective for all manufactured home construction on June 15, 1976.

Mobile home park: A parcel of land on which four (4) or more mobile home sites are located.

Moderate-income persons: means one (1) or more natural persons or a family, the total annual adjusted gross household income of which is less than one hundred twenty (120) percent of the median annual adjusted gross income for households within the state, or one hundred twenty (120) percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.

Motel: Any public lodging establishment for transient automobile travelers which offers rental units with an exit to the outside of each rental unit, daily or weekly rates, off-street parking for each unit, a central office on the property with specified hours of operation, a bathroom or connecting bathroom for each rental unit, and at least six rental units, and which is recognized as a motel in the community in which it is situated or by the industry. Includes auto courts, tourist courts, motor lodges or motor inns. [F.S. § 509.242]

Motor vehicle: A self-propelled free moving vehicle, usually with four (4) or more wheels, primarily for conveyance on a street or roadway.

Multifamily dwelling: Any residential structure containing two (2) or more separate dwelling units.

Natural systems: Systems which predominantly consist of or are used by those communities of plants, animals, bacteria and other flora and fauna which occur indigenously on the land, in the soil or in the water.

New construction: Structures or substantial improvements for which the "start of construction" occurred on or after the effective date of this Code, and any alteration, repair, reconstruction or improvement to a structure which is in compliance with the flood damage prevention regulations.

Newspaper of general circulation: A newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

Nonconforming use: Any use of a building or land lawfully existing at the time of passage of this ordinance which does not conform to the regulations of the district in which it is located.

Noxious matter: Material capable of causing injury to living organisms by chemical reaction.

Nursery school: See "kindergarten."

Nursing, congregate living facility or rest home: A home for two (2) or more aged, convalescent, chronically ill or incurable persons, not the same family, where food and shelter or care are provided. Does not include hospitals, clinics or similar institutions.

Object: A material thing of functional, aesthetic, cultural, historical, or scientific value that may be by nature of design, movable, yet related to a specific setting or environment.

Open space: Any natural, recreational, or common open areas, either publicly or privately owned, set aside, dedicated, designated, or reserved for the private use or enjoyment of owners or occupants of land adjoining such open space, or for the public at large.

(a)

Primary open space: Conservation areas such as wetlands, surface waters, special flood hazard areas, listed species habitat, strategic ecosystems and significant geologic feature and associated buffers.

(b)

Secondary open space: Pervious open spaces designed as active or passive recreation areas intended primarily for recreational or pedestrian use, such as community fields, greens, and pervious areas of plazas or squares; stormwater management areas.

Ordinary maintenance: Work which does not require a construction permit and that is done to repair damage or to prevent deterioration or decay of a building or structure or part thereof as nearly as practicable to its condition prior to the damage, deterioration, or decay.

Original appearance: That appearance (except for color) which, to the satisfaction of the director (preservation planner), closely resembles the appearance of either: (1) the feature on the building as it was originally built or was likely to have been built, or (2) the feature on the building as it presently exists so long as the present appearance is appropriate, in the opinion of the director (preservation planner), to the style and materials of the building.

Outbuilding: A structure erected for the purpose of sheltering domestic animals and/or the storage of crops or equipment.

Owner: A person who, or entity which, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.

Parcel: A unit of land within legally established property lines. If, however, the property lines are such as to defeat the purposes of this Code or lead to absurd results, a "parcel" may be as designated for a particular site by the director.

Parking lot: A parcel used for the storage or parking of motor vehicles, either for compensation or to provide an accessory service to a commercial or residential use.

Perimeter control: A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.

Permissible use: Any use authorized in a particular zoning district, whether a permitted use, conditional use or special exception use.

Permit: Official city document which authorizes the commencement of improvements and structures.

Persons: Any individual, group of individuals, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest. or any other entity, including state and local governments and agencies.

Phasing: Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.

Planned unit development: A district allowing an organized comprehensive program for flexible planning approval of improvements on a parcel of land in compliance with basic and specific development objectives and regulations, allowing individualized land use and site plans (also, PUD).

Planning commission: A body of qualified citizens appointed by the city council to fulfill the functions described by F.S. § 163.185; also, may be referred to as the planning board.

Planning department: A department of city employees appointed by the city manager/city planner to fulfill the functions of the "local planning agency."

Plat: A map or drawing depicting the division of lands and lots, blocks, parcels, tracts or sites being a complete exact representation of the subdivision and other information in compliance with the Florida Plat Act.

Pollutant: Any substance, contaminant, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Premises: A parcel of land under one (1) ownership and all the structures thereon.

Principal building: The buildings in which the principle use of the lot on which it is situated is conducted.

Principal use: The main use of land or structures, as distinguished from accessory use.

Property line: The recorded boundaries of a lot or tract of land under one (1) ownership.

Protected environmentally sensitive area: An environmentally sensitive area designated for protection in the conservation element of the city comprehensive plan.

Protected tree: Any tree that has a DBH of more than twelve (12) inches and which is not otherwise exempted from this Code.

Protected wellhead: Those wellheads with a permitted capacity of one hundred thousand (100,000) gallons per day (GPD) or more.

Public health, department of: Okaloosa County Health Department.

Public lodging establishments: [F.S. § 509.242]

(a)

Transient public lodging establishment. Any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.

(b)

Nontransient public lodging establishment. Any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests for periods of at least thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests for periods of at least thirty (30) days or one (1) calendar month.

(c)

If twenty-five (25) percent or more of the units in any public lodging establishment fall within a classification different from the classification under which the establishment is licensed, such establishment shall obtain a separate license for the classification representing the twenty-five (25) percent or more units which differ from the classification under which the establishment is licensed.

(d)

A public lodging establishment may advertise or display signs which advertise a specific classification, if it has received a license which is applicable to the specific classification and it fulfills the requirements of that classification.

Public notice or due public notice: Publication of notice of the time, place and purpose of a meeting or hearing in a newspaper of general circulation, notice as required by F.S. § 125.66(2) for a county or by F.S. § 166.041(3)(a) for a municipality. The public notice procedures required in this part are established as minimum public notice procedures. [F.S. § 163.3164]

Public nuisances: Objectionable sights, sounds, activities, which may be regulated under the city's police powers.

Public offices: A building or portion thereof which is rented, leased or similarly obtained by the city, county, state or federal government and employees direct the administrative and executive functions and affairs of such government.

Public utilities and service structures: Buildings or structures required for public utilities and services, including, but not limited to, potable water, stormwater sewage, communication services, fire and police protection, mass transportation, and streets and highways necessary for the operation and maintenance of public utilities or services.

Rate: Volume per unit of time.

Recreational vehicle: A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.

Regulatory floodway: The channel of river or other watercourse and the adjacent land areas that must be unobstructed in order to discharge the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.

Remove: To relocate, cut down, damage, poison, or in any other manner destroy or cause to be destroyed, a tree.

Residence: See "dwelling."

Residential dock or pier: A dock or pier constructed adjacent to a residential lot for gratis recreational purposes and/or mooring of private boats.

Restaurant: Establishment designed to serve foods and beverages which are consumed on the premises within the confines of the principal building.

Restrictive covenants: Private regulations recorded with the final plat, which limit or otherwise impact upon the use, intensity and development patterns of the land within a subdivision or parcel of land for a specified time.

Retention: The collection and storage of runoff without subsequent discharge to surface waters.

Rooming house: See "boarding house."

Runoff coefficient: Ratio of the amount of rain which runs off a surface to that which falls on it; a factor from which runoff can be calculated.

Sand dunes: Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Sediment: The mineral or organic particulate material that is in suspension or has settled in surface or ground waters.

Sediment control: Measures that prevent eroded sediment from leaving the site.

Setback line (street): A line measured perpendicular to and parallel with the center line of the right-of-way of the road.

Shopping center: A group of commercial establishments planned, constructed and managed as an entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, and designed to serve a community or neighborhood.

Short term residential use: Any residential accommodation that is available for occupancy for one hundred eighty (180) days or less, including lockout units. Only allowable in R-3 zoning.

Sidewalks: The Florida Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways is used as a reference to determine safety and need of sidewalks in subdivisions and other types of development. Final decision as to whether or not sidewalks are to be installed rests with the city manager/city planner based upon site development review or with the Niceville City Council in the event of conflicting opinion.

Sign: A structure designed and erected for the purpose of showing directions, giving information or advertising.

(a)

Abandoned signs: An abandoned sign is a sign which no longer advertises or gives correct directions to a bona fide business conducted, a service performed or a product sold, or which is not being maintained, as determined by the city manager or his designee.

(b)

Awning signs: An awning sign is a sign painted on, printed on or attached flat against the surface of an awning.

(c)

Banner signs: Banner signs are signs made of fabric or any nonrigid material, string pennants, festoon or wind-blown attention catching devices.

(d)

Billboard signs: A billboard sign is any sign composed of a flat surface upon which advertising copy is displayed promoting goods, services or other things not sold or available upon the site where the sign is located. The advertising copy may be changed manually, mechanically or electronically. Any mechanical or electronic devices must meet all state department of transportation regulations.

(e)

Canopy signs: A canopy sign is a sign which is suspended from, attached to, supported from or forming a part of a structure constructed of rigid materials, including, but not limited to, metal, wood, concrete, plastic or glass, which is attached to and supported by a building or by columns, poles or braces extended to the ground.

(f)

Directional signs: Directional sign shall mean

1.

A sign, permanently erected or permitted in the public right-of-way or private property by the city, county, the state or other governmental agency, including signs which denote the name of any thoroughfare, the route to any city, town, village, educational institution, public building, historic place, shrine or hospital, to direct and regulate traffic, to denote any railroad crossing, bridge, ferry or other transportation or transmission company for the direction or safety of the public.

2.

A sign, notice or symbol for the information of the Federal Aviation Agency as to locations, directions, landings and conditions affecting safety in aviation.

(g)

Free-standing signs: A free standing sign (also known as a ground sign) is a sign supported by poles or braces in the ground and not attached to any building.

(h)

Nonconforming signs: A nonconforming sign is:

1.

A sign which was erected legally but which does not comply with subsequent enacted sign restrictions and regulations;

2.

A sign which does not conform to the requirements of this article but for which a nonconforming permit or variance has been issued;

3.

A sign in existence prior to the adoption of this article which does not conform to the provisions of this article.

(i)

Nonportable signs: A nonportable sign is any sign other than those that by definition are portable.

(j)

Obscene, indecent or immoral signs: A sign containing any statement, word, character or illustration which the average person applying contemporary community standards, would find to appeal to the prurient interest, when considering the dominant theme of the material taken as a whole.

(k)

Off-premises signs: An off-premises sign is an outdoor sign which advertises or directs attention to an establishment, business, merchandise, service, commodity, attraction or entertainment that is sold, produced, manufactured or furnished at a place other than the property on which the sign is located. This definition does not include billboard signs.

(l)

On-premises signs: An on-premises sign is a sign which advertises or directs attention to an establishment, business, merchandise service, commodity, attraction or entertainment that is sold, produced, manufactured or furnished at the property on which the sign is located.

(m)

Outdoor signs or signs: Any display, device or structure using letters, graphics, symbols or copy designed primarily for the purpose of advertising or directing attention to a location, product, subject, person or service which is displayed to be viewed from out-of-doors.

(n)

Political signs: A political sign is a sign identifying and urging support for or opposition to a particular political issue, political party, or candidate for public office.

(o)

Portable signs: A portable sign is a sign capable of being carried or moved about. This includes a sign mounted on wheels or on a trailer chassis, a sidewalk sign or a sandwich sign.

(p)

Projecting signs: A projecting sign is any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall.

(q)

Readerboard or price signs: A readerboard or price sign has movable copy integrated into the sign.

(r)

Roof signs: A roof sign is a sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof in any way.

(s)

Snipe signs: A snipe sign is a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences or to other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located.

(t)

Subdivision signs: A subdivision sign means a sign which contains only the name of a platted subdivision or other residential development.

(u)

Under canopy signs: An under canopy sign is a sign suspended beneath a canopy, ceiling, or roof.

(v)

Vehicle signs: A vehicle sign is a permanent or temporary sign affixed to or placed in or upon any parked vehicle, parked trailer or other parked device capable of being towed, the primary purpose of which is to attract the attention of the traveling public, provided that this definition does not include any signs which are required by any unit of government and does not include a single sign placed on a single vehicle or trailer at a residence of an individual, which sign identified the vehicle or trailer as being for sale.

(w)

Window signs:

1.

Window signs, permanent: A permanent window sign is any sign which is painted on, applied to, attached to or projected upon or within the exterior or interior of a building glass area, including doors, or located within fifteen (15) feet of the interior of a building glass area, including doors, or any interior illuminated signs whose identification, message, symbol, insignia, visual representation, logo-type or any other form which communicates information can be read from off premises contiguous property or public rights-of-way.

2.

Window signs, temporary: A temporary window sign is a window sign of a temporary nature used to direct attention to identifying merchandise or a change in the status of the business, including, but not limited to, signs for sales, specials, going out of business and grand openings.

Sign height: The vertical distance measured from ground grade nearest the base of the sign to the highest point of any sign.

Significant adverse effect: Any modification, alteration, or effect upon a protected environmentally sensitive area which measurably reduces the area's beneficial functions as delineated in the conservation element of the city comprehensive plan.

Single-family dwelling: A structure containing one (1) dwelling unit, and not attached to any other dwelling unit by any means. A single-family unit may contain an accessary apartment pursuant to this Code.

Site: Generally, any tract, lot or parcel of land or combination of tracts, lots or parcels of land that are in one (1) ownership, or in diverse ownership but contiguous, and which are to be developed as a single unit, subdivision, or project; a parcel of land or a contiguous combination thereof, of greater than or equal to one (1) acre, where grading work is performed as a single unified operation.

Site (archaeological): The location of a significant event, activity, building, structure, or archeological resource where the significance of the location and any archeological remains outweighs the significance of any existing structures.

Site development: a permit issued by the city for the construction or alteration of ground.

Site development plan: A plan, to scale, showing uses and structures proposed for a parcel of land required by this ordinance. Includes lot lines, streets, sidewalks, building sites, reserved open space, existing buildings, major landscape features, disposition of stormwater and proposed utility lines and easements. Site development plans must be approved by the city manager/city planner prior to the issuance of permits.

Special exception: A use that would not be appropriate generally or without restriction throughout the zoning division or district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning district as special exceptions, if specific provision for such special exception is made in any particular zoning district. The planning commission will hear the requests for special exception where required in this zoning ordinance and make recommendation to the city council.

Spot zoning: Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering comprehensive zoning planning.

Stabilization: The use of practices that prevent exposed soil from eroding.

Start of construction: The date the construction permit was issued, provided the "actual start of construction" was within one hundred eighty (180) days of the permit date. The "actual start of construction" means the first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and the first placement of permanent elements of a structure on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or of the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; erection of temporary forms; or the installation of appurtenant structures. This definition does not apply to new construction or substantial improvements under the Coastal Barrier Resources Act (P. L. 97-348).

Stormwater: The flow of water which results from, and that occurs immediately following, a rainfall.

Stormwater management system: The system, or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site.

Stormwater runoff: That portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system.

Story: That portion of a building included between the surface of any floor and the surface of the next floor above it or if there is no floor above it, then the same between such floor and the ceiling next above.

Story, half: A space under a sloping roof which has the line of intersection of the roof and wall face not more than three (3) feet above the floor level.

Street: A right-of-way provided for vehicular, pedestrian and animal traffic. Includes all of the land lying between the right-of-way lines as delineated on a plat, whether improved or unimproved.

(a)

Alley: A private or public right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose primary frontage is on a street.

(b)

Collector street: A street providing for traffic movement between local streets and major thoroughfares.

(c)

Cul-de-sac: A street with a single common ingress and egress and with a turnaround at the end.

(d)

County roads: Roads and streets transgressing Niceville but are the responsibility of the county for maintenance in accordance with Florida Statutes.

(e)

Loop street: A local street having two (2) open ends, each end connecting with the same street and no other streets intersecting between the ends.

(f)

Marginal access street: The same as a loop street, but having other streets intersecting between its ends.

(g)

Private street: A street that has not been dedicated to public use.

(h)

Public street: A right-of-way which has been platted and approved in accordance with Niceville subdivision regulations.

Structure: Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. "Structure" also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, manufactured homes, mobile homes, poster panels, and advertising signs.

Subdivision: The division or re-division of a parcel of land into two (2) or more parcels.

Substantial improvement: Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure.

Surface water: Water above the surface of the ground whether or not flowing through definite channels, including the following:

(a)

Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline; or

(b)

Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks; or

(c)

Any wetland.

Swimming pool: Any constructed pool used for swimming, bathing or wading, and including all buildings, fences, and appurtenances thereto.

Timeshare project: A timeshare project is a timeshare property, as defined in [F.S.] Ch. 721, that is located in this state and that is also a transient public lodging establishment. [509.242, F.S.]

Townhouse: Permitted in R-2, R-3, PUD or R-NC districts. Each townhouse shall be considered a separate building and shall be separated from adjoining townhouses by the use of separate exterior walls meeting the requirements for zero clearance from property lines as required by the type of construction and fire protection requirements; or shall be separated by a party wall; or, when not more than three (3) stories in height, may be separated by a single wall meeting the requirement in F.S. §§ 481.203(7)(a)—(c).

Trailer: See "mobile home."

Transient occupancy: When it is the intention of the parties that the occupancy will be temporary.

Tree protection zone: A circular zone around each protected tree defined as follows:

(a)

If the drip line is less than six (6) feet from the trunk of the tree, the zone shall be that area within a radius of six (6) feet around the tree.

(b)

If the drip line is more than six (6) feet from the trunk of the tree, but less than twenty (20) feet, the zone shall be that area within a radius of the full drip line around the tree.

(c)

If the drip line is twenty (20) feet or more from the trunk of the tree, the zone shall be that area within a radius of twenty (20) feet around the tree.

Transient occupancy: When it is the intention of the parties that the occupancy will be temporary.

Used car junkyard: A lot or group of contiguous lots used for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked cars or their parts.

Vacation rental: A vacation rental is any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging establishment but that is not a timeshare project. [F.S. § 509.242]

Variance: Modification of the zoning ordinance regulations when such modification will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. A variance is authorized only for height, area, bulk and size of structure or yard size and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the district or classification or in adjoining districts or classifications.

Vegetation line: That line of perennial vegetation that marks the normal landward limit of high tide.

Vehicle use area: An area used for circulation, parking, and/or display of motorized vehicles, except junk or automobile salvage yards.

Very-low-income persons: means one (1) or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed fifty (50) percent of the median annual adjusted gross income for households within the state, or fifty (50) percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.

Visibility clearance at intersections: That triangular space on a corner lot closest to the intersecting streets upon which nothing is permitted to be built, placed or grown in such a way as to impede visibility.

Water or waters: Includes, but is not limited to, water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, streams, rivers, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground.

Water body: Any natural or artificial pond, lake, reservoir, or other area with discernable shoreline which ordinarily or intermittently contains waters.

Watercourse: Any body of water, including, but not limited to, lakes, ponds, rivers, streams, natural or artificial channel, ditch, canal, river, creek, waterway, and bodies of water delineated by the city, or wetland through which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, banks or other discernible boundary.

Water's edge and wetland's edge: The water's or wetland's edge shall be determined by whichever of the following indices yields the most landward extent of waters or wetlands:

(a)

The boundary established by the average annual high water mark;

(b)

The landward boundary of hydric soils; or

(c)

The landward boundary of wetland vegetation, based on the wetland vegetation index.

Waterway: A channel that directs surface runoff to a watercourse or to the public storm drain.

Wellhead protection area: A diameter of two hundred (200) feet around a well site where no other land use is permitted.

Wetland: Land that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes, but is not limited to, swamp hammocks, hardwood swamps, riverine cypress, cypress ponds, bayheads and bogs, wet prairies, freshwater marshes, tidal flats, saltmarshes, mangrove swamps and marine meadows.

Yard: The open space surrounding the principal building on any lot.

(a)

Front yard: That portion of the yard extending the width of the lot, measured between the front lot and the front building line.

(b)

Rear yard: That portion of the yard extending the width of the lot, measured between the rear lot line and the rear building line.

(c)

Side yard: That portion of the yard extending the width of the lot, measured between the side lot line and the side building line on both sides.

Zero lot line: A developmental approach in which a dwelling unit is sited along one (1) or more lot lines.

Zone of exclusion: All land within a two hundred (200) foot radius of an existing or designated protected wellhead. No development activities shall take place in the zone of exclusion.

Zoning district: A section of the city designated in this ordinance text and delineated on the zoning map wherein all requirements for use of land and building and development standards must be uniform.

Zoning map: The map or maps, which are part of the zoning ordinance, and delineate the boundaries of zone districts.

Zoning official: The city manager/city planner or his designee responsible for administering the zoning ordinance.

(Ord. No. 92-23, 12-10-92; Ord. No. 00-10-01, 10-10-00; Ord. No. 11-04-02, 4-12-11; Ord. No. 20-11-01, § 1, 11-10-20; Ord. No. 22-09-01, § 3, 9-13-22; Ord. No. 23-10-02, § 3(att.), 10-10-23; Ord. No. 24-11-04, § 4, 11-12-24)