9.00.01 [Purpose.] The purpose of this article is to provide development design and improvement standards applicable to residential development within the city. In addition, regulations under this article are intended to provide the following:

(a)

Criteria guiding the location of housing for very low, low and moderate income families, manufactured homes, group homes, foster care facilities and households with special needs (Policies 9.A.1.4; 9.A.1.6; 9.A.1.7; 9.A.1.8).

(b)

Provide for the removal of housing stock with structural deficiencies and/or the rehabilitation of substandard housing (Policy 9.A.2.3; 9.A.4.1; 9.A.4.2).

(c)

Connect household/development sewage to central systems where available (Policy 9.A.3.2).

(d)

Conserve established residential neighborhoods (Policy 9.A.4.2).

(Ord. No. 92-23, 12-10-92; Ord. No. 00-10-01, 10-10-00)

9.01.01 Lot Area, lot coverage, and setbacks. All developments shall have a total land area sufficient to meet all development design standards in this Code and [Appendix B,] zoning Regulations, Niceville Code of Ordinances. These include, but are not limited to land required to provide setbacks from abutting rights-of-way, buffers, stormwater management, off-street parking and circulation, protection of environmentally sensitive lands, and any other provisions which may require land area to be set aside.

(Ord. No. 92-23, 12-10-92)

In the context of this Code, "special housing" shall include the housing classifications delineated in section 9.00.01 (a).

9.02.01 Very low, low to moderate income housing. The percentages of the total housing stock in Niceville occupied by very low, low and moderate income families are shown in Chapter 6 of the Foundation Document. The U.S. Department of Housing and Urban Development (HUD) annually establishes income limitations to determine eligibility of families for subsidized housing assistance. These figures are generally used to classify individual and family incomes. It is anticipated that although very low, low to moderate income levels will be higher with the findings of the 2000 census, approximately the same percentage of the population will require affordable housing suited to low to moderate income ranges. "Affordable" is generally stated as housing that costs no more than thirty-five (35) percent of family income either in rent or mortgage payments. Chapter 6, Foundation Documents, projects the need for very low, low and moderate income housing units by the year 2010. The following incentives and criteria are designed to encourage the construction of affordable housing:

(a)

Performance standards, density and intensity bonuses shall be offered to developers in accordance with section 7.02.06 of this Code.

(b)

The city shall favorably consider the awarding of tax free municipal bonds to developers of projects planned exclusively for very low, low to moderate income families under circumstances where no liability accrues to the city.

(c)

If cases should arise, the city shall use its regulatory powers to discourage lending institutions from refusing to grant mortgage loans ("redlining") of development or redevelopment of older neighborhoods or areas inhabited primarily by minorities or very low, low income families.

(d)

Elderly cottage housing opportunity (ECHO) housing involves the construction of small, safe, secure and sanitary housing on lots already occupied by a principal residence. ECHO houses shall be permitted under the following conditions:

(1)

The lot is of sufficient size to meet setback requirements for ancillary buildings.

(2)

The justification for the housing unit is to provide housing for the elderly.

(e)

The city shall permit no circumstance to discourage the private sector from making housing available under the Section 8 rental subsidy program of the U.S. Department of Housing and Urban Development to very low, low and moderate income families.

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

9.02.02 Manufactured homes (Policy 9.A.1.6).

(a)

Manufactured homes shall be permitted in any residential land use district of the city.

(b)

Mobile home parks shall be permitted as special exceptions in medium density residential districts of the city.

9.02.03 Group homes.

(a)

Group homes with up to six (6) residents shall be permitted in any medium density residential development; homes with seven (7) or more residents shall be permitted in multifamily developments.

9.02.04 Foster homes.

(a)

Foster homes shall be permitted in any residential land use district of the city.

(b)

Foster homes shall provide a minimum of (1) bedroom per two (2) children under the ages of twelve (12). One (1) bedroom per child shall be required for children twelve (12) or over. No foster home shall provide shelter to more than five (5) children not biologically related.

9.02.05 Households with special needs.

(a)

Households that require special dispensation for non-conformance such as exterior access ramps, hydraulic lifts for the handicapped, or restraining devices and fences shall be accommodated by the city on a case by case basis.

(Ord. No. 92-23, 12-10-93)

9.02.06 Work-force housing.

(a)

Work-force housing shall be permitted in any residential land use district of the city.

(Ord. No. 11-04-02, 4-12-11)

(a)

Periodically, as determined by the city council, the city shall apply for a community development block grant (CDBG) for the removal or rehabilitation of substandard housing.

(1)

Block grants shall also be sought to buy down interest rates for rehabilitation of housing so as to provide greater incentive to and participation by the private sector.

(2)

Provisions set forth in the Standard Unsafe Building Code are incorporated in this Code by reference for informational purposes only. The city shall be under no obligation to adopt or follow any procedure or provision contained in such appendix.

Editor's note—It should be noted that the Standard Unsafe Building Code, referenced above as Appendix A to this article, is not set out at length herein, but is on file and available for inspection in the offices of the city clerk and the building inspections department. Additionally, the user's attention is directed to § 5-191 of the Code of Ordinances.

(a)

Where central sewage collection systems are available and have sufficient capacity to accept sewage from a proposed development, it shall be required for that development to tie into the central system at no cost to the city.

(b)

Where proposed development cannot be served by a central sewage collection system, minimum lot areas shall be required under the following conditions:

(a)

The city shall encourage the creation of home owner's associations to maintain, conserve and improve established residential neighborhoods. Functions of the neighborhood associations include the following:

(1)

Set standards to maintain the character and general appearance of the neighborhood.

(2)

Employ the city to use its regulatory powers to prevent nonconforming land usages and to eliminate nuisance factors affecting the neighborhood.

(b)

Public nuisances which tend to annoy the neighborhood, depreciate property values, injure public health or is deemed inconsistent with community standards may have a deleterious effect on a neighborhood. Therefore, public nuisances in the city shall be the same as described in Chapter 823, Florida Statutes. The following regulations shall apply:

(1)

Dilapidated buildings and structures. The city may remove or compel the removal or demolition of any building which has for any cause become a nuisance. Pursuant to such action, the structure must be found in a dilapidated state and in violation of the Standard Building Code. If special dangers or appearance deficiencies arising from the condition of the building can be eliminated by lawful repair and alterations, then improvement rather than demolition may be authorized by the city.

(2)

Abandonment, vehicles and vessels. It shall be unlawful to abandon, discard or hold for resale on the premises any vessel or vehicle visible to the public, but not in use by the owner. A place of business authorized to maintain and operate a junkyard and/or deal in the sale or exchange of secondhand merchandise is not affected.

(3)

Commercial vehicles. All commercial vehicles larger than one and one-half (1½) tons shall not be allowed to park in residential districts except for the purpose of delivering materials or providing a service that is temporary in nature. It shall be unlawful for vehicles containing hazardous materials to be parked unattended in residential districts at any time.

(a)

The parking of any vehicle as defined by Chapter 19, Article II of the Code of Ordinances, shall be confined to an area not to exceed the width of the owner's property. Parking across the street or in front of other residential property is prohibited. Only personal vehicles may be parked temporarily on the owner's property in places other than the garage, driveway or street.

(4)

Cleaning lots and premises. It shall be unlawful to permit rubbish, trash, debris, dead trees, or other unsightly or unsanitary matters to accumulate on any lot, tract, or parcel of land within the city which may reasonably become infested, inhabited by, or a breeding place for rodents, vermin, reptiles or wild animals which threaten or endanger the public health, safety and welfare.

(5)

Maritime vessels.

(a)

It shall be unlawful to store or leave any vessels as defined by maritime law in a wrecked, junked or substantially dismantled condition or abandoned upon or in any public water.

(b)

No vessel shall be rented or otherwise used as a principal domicile except at properly licensed marinas.

(c)

Privately owned vessels moored to piers and docks in residential areas may be used as temporary lodging provided no objections are raised by the owners of property adjacent to the property where the vessel is moored.

(6)

Airtight storage units. All unused or unsecured iceboxes, refrigerators, deep freeze lockers, clothes washers and dryers, or other airtight units having an interior storage capacity of one and one-half (1½) cubic feet or more must have doors removed when stored in unenclosed premises (reference F.S. 823.07).

(7)

Noise abatement. Excessive, unnecessary or frequent noise deemed to be public nuisances shall include, but not be limited to, the following circumstances:

(a)

Dogs and other animals whose habitual sounds cause the loss of sleep or disturb neighborhood peace and tranquility and which have been the object of complaint by neighboring property owners.

(b)

Electronically amplified and conveyed sounds which are frequent and can be distinctly heard by property owners living adjacent to the place where the excessive noise originates.

(c)

Excessive exhaust or other noise originating from defective vehicles or vessels.

9.06.01 General standards and requirements. Any number of different accessory structures may be located on a parcel, provided that the following requirements are met:

(a)

There shall be a permitted principal development on the parcel, located in full compliance with all standards and requirements of this Code.

(b)

All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this Code.

(c)

Accessory structures shall not be located in a required buffer, landscape area or minimum building setback area.

(d)

Accessory structures shall be included in all calculations of impervious surface and stormwater runoff.

(e)

Accessory structures shall be shown on any concept development plan with full supporting documentation.

9.06.02 Satellite dish antenna.

(a)

Standards.

(1)

All satellite dish antenna installations beginning with the enactment of this Code shall meet the following requirements:

a.

The satellite dish antenna shall be considered a structure requiring a building permit to be issued prior to installation. Subsequent to installation, the antenna shall be maintained in compliance with all applicable building and electrical codes.

b.

The satellite dish antenna installation and any part thereof shall maintain vertical and horizontal clearances from any electrical lines and shall conform to the National Electrical Safety Code.

c.

The satellite dish antenna installation shall meet all FCC and manufacturer specifications, rules and requirements.

d.

The satellite dish antenna shall be of a nonreflective surface material and shall be made, to the maximum extent possible, to conform and blend into the surrounding area and structures. Color and location of the dish shall be considerations.

e.

The satellite dish antenna shall contain no advertising or signage of any type.

f.

The installer of any satellite dish antenna, prior to installation, shall submit detailed blueprints/drawings of the proposed satellite dish antenna installation and foundation which shall be certified by the manufacturer or a professional engineer.

g.

The satellite dish antenna installation shall be permitted to be placed in side and rear areas of the main dwelling or commercial structure only.

(2)

The following standards are for installation in developments:

a.

A satellite dish antenna shall be considered an accessory structure to the main dwelling structure and shall not constitute the principal use of the property.

b.

The satellite dish antenna installed pursuant to this subsection shall not be used for any commercial purposes. It shall only provide service to the main dwelling structure.

c.

Satellite dish antenna installations shall be limited to one installation per residential lot.

d.

The maximum size of the satellite dish antenna, whether ground or pole-mounted, shall be limited to twelve (12) feet in diameter.

e.

The maximum height of a ground-mounted satellite dish antenna installation shall be fifteen (15) feet.

f.

The maximum height of a pole-mounted satellite dish antenna installation shall be thirteen and one-half (13½) feet above the eaves of the roof.

g.

A satellite dish antenna shall not be permitted to be installed on the roof of any main dwelling structure.

h.

The satellite dish antenna installation, whether ground or pole, shall be mounted at a fixed point and shall not be portable.

(b)

Nonconforming antenna. Any satellite dish antenna lawfully installed prior to the enactment of this Code shall be allowed to remain, until such time as it is replaced or moved. At the time of replacement or relocation, the provisions of this Code shall be met.

9.06.03 Storage buildings, utility buildings, greenhouses.

(a)

No accessory buildings used for industrial storage of hazardous, incendiary, noxious or dangerous materials shall be located nearer than one hundred (100) feet from any property line.

(b)

Storage buildings, greenhouses and the like shall be permitted only in compliance with standards for distance between buildings and setbacks, if any, from property lines.

(c)

Storage and other buildings regulated by this section shall be permitted only in side and rear yards, and shall not encroach into any required building setback from an abutting right-of-way.

(d)

Storage and other buildings regulated by this section shall be included in calculations for impervious surface, floor area ratio, or any other site design requirements applying to the principal use of the lot.

(e)

Vehicles, including manufactured housing and mobile homes, shall not be used as storage buildings, utility buildings or other such uses.

9.06.04 Swimming pools.

(a)

Findings of fact. The city council finds the following:

(1)

That the location of swimming pools should be regulated as to minimum distances from buildings or structures for safety reasons and from side or rear property lines for human safety, construction integrity reasons and to abate noise;

(2)

That safety barriers in the form of pool enclosures, fences or walls are necessary to prevent accidental injury or drownings; and

(3)

That these regulations are necessary to protect the health, safety and welfare of the citizens of the city.

(b)

Definition. As used in this article, the term "swimming pool" is hereby defined as a permanent receptacle for water or an artificial pool of water, having a depth, at any point, of more than two (2) feet, intended for the purpose of immersion or a partial immersion therein of human beings, and including all pertinent equipment.

(c)

Construction or alteration permit required. No swimming pool, as defined in subsection (b) of this section, shall be constructed or altered within the city unless a building permit therefor shall first be obtained from the city inspections department.

(d)

Compliance with building code and article required. No swimming pool, as defined in subsection (b) of this section, shall be constructed, altered or maintained within the city except in conformity with the provisions of this article and the building code.

(e)

Location. No portion of a swimming pool outside a building shall be located at a distance less than six (6) feet from a building measured from the building to the water's edge. Also, no portion of a swimming pool outside a building shall be located at a distance less than four (4) feet from any side or rear property line, or building line measured from the property line to the water's edge.

(f)

Fencing.

(1)

Any person who owns, possesses, manages, operates, maintains or controls any real property where any swimming pool is situated shall erect a fence around the perimeter of any such pool which shall be no less than four (4) feet in height and such a fence may be built, constructed or erected either around the immediate proximity of such pool or around or within the boundary of the real property where such pool is located, whichever method shall provide an obstacle barrier and security for any such pool. The term "immediate proximity of such pool," as used in this subsection, shall be construed as that area which includes the pool, the surrounding patio, or the play or lounge area associated therewith; provided, however, that when any such pool is located within an area of real property where such real property is bounded by a lake, Choctawhatchee Bay and bayous thereof, Niceville Harbor or the Gulf of Mexico, such person shall not be required to erect a fence along the shore of any of those water bodies, provided that the remaining boundaries of such property, wherein the pool is located, shall be required to be fenced as provided by this section.

(2)

All such fences shall be constructed of sound material erected in accordance with good trade practice with no space between adjacent fence components of greater than four (4) inches including those types of fences commonly known as chain link, wood picket, stockade, woven wire or woven wood. All gates providing ingress or egress into the pool area shall have an effective self-closing, self-latching mechanism incorporated therein and the owner and the person who owns, occupies or possesses the real property where any such pool is located shall keep any such gate in a latched condition when such pool is not actually being used or supervised by any such person or by any person having the permission to use or supervise any such pool. A solid wall of brick, stone or masonry material of at least four (4) feet in height shall be sufficient to provide an enclosure for any such pool. The purpose of this section is to provide a barrier which shall be comprised of any or a combination of all of the above and foregoing types of fences or walls which are intended to prevent the unrestricted entry of persons or animals into such a pool area. The side of a building may also be considered to be part of any such barrier. Such pools which are wholly enclosed by screen enclosures or other similar enclosure devices shall be exempt from the provisions of this section.

(Ord. No. 09-09-02, 9-8-09)

9.06.05 Fences.

(a)

All fences to be built shall comply with the Standard Building Code. The posts of each fence must be resistant to decay, corrosion and termite infestation. The posts must also be pressure-treated for strength and endurance.

(b)

Fences or hedges may be located in side and rear yard setback areas only with the most forward fence line being the same as the front of the principal dwelling. Each fence located in the side and rear yard setbacks shall not exceed the height of eight (8) feet.

(c)

In areas where the property faces two (2) roadways or is located in any other area construed to be a corner lot, no fence shall be located in the clear vision triangle (see Figure 8.03.06).

(d)

Any fence located adjacent to a public right-of-way or private road shall be placed with the finished side facing that right-of-way.

(e)

A fence for safety and protection of hazard by another public agency may not be subject to height limitations above. Approval to exceed minimum height standards may be given by the building inspector upon receipt of satisfactory evidence of the need to exceed height standards.

(f)

No fence or hedge shall be constructed or installed in such a manner as to interfere with drainage on the site.

(g)

For the purposes of this Code, split rails without gates are decorative and not considered fences when installed to a maximum height of three (3) feet measured from ground level to the top of the uppermost rail.

9.06.06 Home occupations. A home occupation shall be allowed in a bona fide dwelling unit, subject to the following requirements:

(a)

No person other than members of the family residing on the premises shall be engaged in such occupation.

(b)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character of the structure.

(c)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one (1) sign not exceeding one (1) square foot in area, non-illuminated, mounted flat against the wall of the principal building at a position not more than two (2) feet from the main entrance of the residence.

(d)

No home occupation shall occupy more than twenty-five (25) percent of the first floor area of the residence. No accessory building, freestanding or attached, shall be used for a home occupation.

(e)

No traffic shall be generated by such occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a front yard required pursuant to this Code.

(f)

No equipment, tools or process shall be used in such a home occupation which creates interference to neighboring properties due to noise, vibration, glare, fumes, odors or electrical interference. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, telephone or television receivers off the premises or causes fluctuations in line voltage off the premises.

(g)

Fabrication of articles commonly classified under the terms arts and handicrafts may be deemed a home occupation, subject to the other terms and conditions of this definition, and providing no retail sales are made at the home.

(h)

Outdoor storage of materials shall not be permitted.

(i)

Only the following home occupations, or others deemed similar shall be approved:

Accountant, agent, architect, artist, attorney, beautician, bookkeeper, broker, chiropractor, contractor (office only), consultant, musician, seamstress, tailor, teacher, writer-editor.

(1)

The following home occupations may be authorized by special exception after written approval is obtained by the appellant from neighbors within a two-hundred-foot radius:

a.

Family day care homes provided that no more than five (5) children, including the caregiver's own children, are kept at any given time on the premises.

b.

Repair, or other occupations performed by handicapped persons which do not constitute a public nuisance as defined by section 9.05.00 (b).

Whenever the city manager, or authorized designee, becomes aware of or finds any one or more of the conditions set forth under Section 9.05.00, it shall be the duty of the city manager, or designee, to give written notice to be mailed by certified mail to the owner, custodian, agent, trustee or occupant, directing such person to remove, terminate and abate such public nuisance(s) within thirty (30) days of the mailing of the written notice. The notice shall state that if the city is required to terminate the described public nuisance, that such costs incurred shall be recovered by having a lien placed on the property through the appropriate channels.

(a)

If voluntary compliance with the written notice is not realized within the thirty-day period, it shall be the duty of the city manager, or designee, to post a notice upon the property in question which states a description of the nuisance and the time period allowed for written petition of appeal to the city council.

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

9.07.01 Right of entry. The city manager, his agent or agents, shall have the right of entry upon any real property and shall be immune from prosecution, civil or criminal, for trespassing upon real property in the discharge of duties in removing, terminating or abating any public nuisance under this section.

9.07.02 Violation; Penalty. Any person who violates a provision of this section, or fails to comply with any of its provisions, shall be subject to a separate offense after the thirty-day notice, or following the denial of an appeal by the city council. Whenever, in the judgement of the city manager, it is necessary for the city to seek resolution through the county court, the city council shall be so informed. In the event a person is found guilty of a violation or a provision of this section, a fine of not more than five hundred dollars ($500.00) or imprisonment for a term of not more than thirty (30) days, or both may be imposed.

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

9.07.03 Appeals. Property owners or other affected persons aggrieved by any administrative decision or action on the part of the city officials under section 9.05.00 (b), "Public Nuisances," may seek redress by appealing such determination or actions before the Niceville City Council.