The following definitions shall apply throughout this code. Words or terms not otherwise defined herein shall be interpreted first by reference to the Town of Astatula adopted Comprehensive Plan, if specifically defined therein; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage and definitions as outlined in a standard dictionary, unless the context clearly indicates otherwise.

Abandoned Property (Land): Abandoned property is that to which the owner has intentionally relinquished all rights.

Abandoned Property (Other than Land): Property left behind intentionally and permanently when it appears that the owner does not intend to come back, pick it up, or use it. Examples may include possessions left in a house after a tenant has moved out.

Abandoned Vehicle: A motor vehicle that:

(1)

Is physically inoperable, or missing essential parts to be operable and has been stored on public property for more than 48 hours; or

(2)

Has been abandoned on the side of the road for more than 72 hours.

Abutting Property: Any property that is immediately adjacent to or contiguous with property that may be subject to any hearing required to be held under these regulations or that is located immediately across any road or public right-of way from the property subject to any hearing under these regulations.

Access: Ingress and to land bordering on a system of roads.

Accessory Buildings/Structures: Small structures, serving for storage, the uses of which are incidental to that of the dominant use of the main building or land. Limited to total size and location as outlined in article IV, Zoning Regulations. Chicken Coop as defined in article III shall not be considered an Accessory Building/Structure.

Accessory Use: Accessory use is one which is incidental to the main use of the premises.

Addition (To An Existing Building): Any walled and roofed expansion of the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall or is separated by independent perimeter load-bearing walls is new construction.

Administrative Official: The designated governmental official charged with administering land development regulations.

Adult Living Facility (ALF): See Assisted Living Facility.

Advertising Sign: A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered elsewhere than upon such premises where such sign is located, or to which it is affixed.

Aggrieved Person: A person who, by action under this code, has or will suffer direct pecuniary loss, which loss is not speculative and is not suffered by the public generally. For example, a commercial site owner who is required to install stormwater retention at the owner's expense is not an aggrieved person.

Agriculture: The use of land and/or water for agricultural purposes, including farming, the keeping of ratites, dairying and pasturage, apiculture, aquaculture, horticulture, floriculture, viticulture, silviculture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce raised thereon. Agriculture includes normal agricultural operations such as, but not limited to, site preparation, clearing, fencing, contouring, soil preparation, plowing, planting, harvesting, construction of access roads, placement of bridges and culverts, and extraction of stumps and submerged logs.

Airport: A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.

Alley: A public or private way which is not designed for general travel but is used primarily as a means of secondary access to a lot abutting thereon.

Alteration: A change affecting the exterior appearance of an existing structure or improvement by additions, reconstruction, remodeling, maintenance or structural changes involving changes in form, texture, materials or any such changes in appearance in specially designated historic site, or historic interiors.

Animal: A living organism other than a plant or bacterium, including fish, amphibians, reptiles, birds, and mammals, excluding humans.

Animal, Domestic: Any animal that has been bred and/or raised to live in or about the habitation of humans and is dependent on people for food and shelter.

Note: The ordinance might list the domestic animals acceptable to the community, or exclude by weight, type, or other characteristics, those animals deemed to be unacceptable to be labeled "domestic."

Animated Sign: A sign that uses movement or change of lighting to depict action or create a special effect. This definition shall include wind-driven signs, banners, streamers, or similar devices as allowed in article IX, Signs [Sign Standards].

Annexation: The incorporation of a land area into an existing community with a resulting change in the boundaries of that community.

Apartment: A suite of rooms or room in a multifamily building arranged and intended for a place of residence of a single-family or a group of individuals living together as a single housekeeping unit.

Appeal: A request for a review of the Planning and Zoning Committee's interpretation or decision of any provision of this article or a request for a Variance.

Applicant: An Owner or an Owner's authorized agent who submits an Application, proposal, petition, or project to the Town.

Application. An application, proposal, or petition submitted to the Town pertaining to development for which Town approval is required.

Application Fee. A fee set by resolution of Town Council which represents the costs to reimburse the Town for Town employee clerical time to administratively review, process, coordinate, and disseminate the Application and related documents during the development review process.

Aquifer: An underground formation, group of formations, or part of a formation that is permeable enough to transmit, store or yield usable quantities of water.

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

Arterial Street: See Street, Arterial.

As-built Plans: Final plans amended to include all locations, dimensions, elevations, capacities, capabilities, as actually constructed and installed.

As-built Survey: Survey prepared by a registered surveyor which includes all locations, dimensions, elevations, capacities, capabilities, as actually constructed and installed.

Assessment: That non-ad valorem assessment to be imposed upon the Owners of all improved real property within the Town and County during any year pursuant to a resolution, such non-ad valorem assessment being only those assessments which are not based on millage and which can become a lien against a homestead as permitted in section 4, article X of the Florida Constitution.

Assisted Living Facility (ALF): Any institution, building or buildings, residence, private home, boardinghouse, home for the aged, or other place licensed and approved by the Florida State Department having jurisdiction over these facilities. (Also known as Adult Living Facility).

Auto Repair Shop/Automobile Repair Garage: Any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.

Automobile Graveyard: See Junkyard.

Automobile Sales Lot: The use of any building, land area, or other premises for the display and sale of new or used automobiles generally but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use.

Automotive Salesroom: The use of any building, for the display and sale of new or used automobiles generally but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use.

Automotive Service Station: Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.

Banner Sign: Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentation's applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions, symbolic flags of any institution or business, or information painted or imprinted on awnings, as defined in this article, shall not be considered banners for the purpose of this article; such definition shall not include over-highway announcement signs erected by the Town.

Bar: An establishment which is used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food may be available for consumption on the premises as an accessory to the principal use.

Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year. For purposes of the application of this article, the Base Flood (100-year flood) and its associated elevation (Base Flood Elevation, or BFE) shall be determined from the Federal Emergency Agency (FEMA) Flood Insurance Rate maps (FIRMS) or the best data available from a federal, state or other source. If FEMA information lacks a BFE or if the County is aware of more restrictive conditions or elevations than those shown on the FIRMS then the County's interpretation shall apply.

Beacon: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

Bed and Breakfast Homes: Establishments, containing two or fewer guest rooms, primarily engaged in providing accommodations or renting rooms on a temporary basis to visitors to the area in the primary residence of the host, with or without board, on a fee bases. Provisions within the primary residence of the host are intended to accommodate the needs of the guests in order to maintain a level of guest activity that does not have any appreciable effect on the day-to-day activities of the residential area.

Bed and Breakfast Inns: Establishments, containing five or fewer guest rooms, primarily engaged in providing lodging for visitors to the area and meals for the guests, not the general public, via an interior kitchen and dining facility, on a fee basis. Host accommodations are generally located within the primary structure, which may be their primary residence, for the purpose of preparing and serving meals to the guests, as well as personally interacting with the guests by helping them become better acquainted with the area, and providing such hospitality as would be afforded to any houseguest.

Block: Includes tier or group and means a group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter or other name through which it may be identified.

Blue Book: The Trip Generation Manual prepared by the Institute of Transportation Engineers which is used as the industry standard for traffic generation calculations. This does not take the place of a traffic study, but is used in many instances where it is felt that a traffic study is not necessarily required.

Boathouse: A detached accessory building located on the same premises of the main residential building, intended for storage of watercraft.

Buffer: An area of land, landscape materials, wall or combination thereof between two parcels of land intended to reduce the impacts between the two parcels.

Building: Any structure built for the support, shelter or enclosure of persons, chattels or property of any kind, which has enclosing walls for 50 percent of its perimeter. The term "structure" includes the term "building."

Building Height: No building shall exceed the height outlined in each zoning category outlined in article IV, Zoning Regulations. The building height is the vertical distance measured from the natural grade of the land on the downhill side of the structure. The vertical distance from the finished grade to the highest point of a flat roof or a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs or other pitched roofs.

Building Line: The line, established by law, beyond which a building shall not extend, except as specifically provided by law, and determined from the extreme support for the roof of the main structure or appurtenance thereto.

Building Marker: Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

Building Official: Shall be the person who shall administer and enforce the building permit provisions of this code well as the official having responsibility for issuing building permits and performing inspections.

Building Setback Line: The line, established by law, beyond which a building shall not extend, except as specifically provided by law.

Building Sign: Any sign attached to any part of a building, as contrasted to a freestanding sign.

Building Site: A parcel, or contiguous parcels of land in single or joint ownership meeting the size, access and zoning requirements for the structure to be placed upon.

Bus: Any motor vehicle designed for carrying more than ten passengers and used for the transportation of persons and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

Business Sign: A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered upon the premises.

Campaign Sign: A sign which announces or promotes a candidate for election to public office. Any sign which is designed to influence the action of the voters for the passage or defeat of a measure appearing on the ballot at any national, state, or local election.

Campgrounds: (See also Recreational [Vehicle] Parks). A parcel of Land under unified ownership and management which has been planned, designed and constructed for the placement of recreational vehicles and/or tents for short term occupancy of spaces rented from the owner for recreational purposes.

Canal: An artificial waterway for transportation, irrigation or stormwater conveyance.

Canopy: A roof like cover that is temporary or portable in nature. Canopies are temporary or portable devices. Once they become permanent, then all setbacks must be met.

Canopy Sign: Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

Capital Improvement: This includes traffic engineering studies, transportation planning, right-of-way acquisition, engineering and construction, but shall not include routine or periodic maintenance as defined in F.S. chapter 334, § 334.03(15) or (20).

Car Lot: See Automobile Sales Lot.

Car Wash: A building or structure, or portion thereof, containing facilities for washing more than two automobiles.

Carport: Freestanding A freestanding permanent or temporary structure which shall not exceed 20-foot by 45-foot in size. Freestanding carports must be anchored.

Carport, Attached: An attached private garage not completely enclosed by walls and doors and not unlimited in size but subject to setbacks.

Cemetery: Property used for the interring of the dead.

Changeable Copy Signs: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature portion of a sign and not a changeable copy sign for purposes of this ordinance [appendix].

Chicken Coop: A structure where hens are kept.

Childcare Center: An establishment where four or more children under the age of seven years, excluding members of the family occupying the premises, are cared for. The term "childcare center" includes nurseries, kindergartens and day nurseries. Childcare centers must meet the requirements of Florida Statutes chapter 402, section 305, Licensing Standards for Childcare Facilities.

Church: A building used for nonprofit purposes by a recognized and legally established sect solely for the purpose of worship. See House of Worship.

Clearing: The removal of trees and brush from a substantial part of the land but shall not include mowing.

Clerk: See Town Clerk.

Clinic: See Medical Building.

Club orLodge: Buildings and facilities owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit or to render a service which is customarily carried on as a business.

Code: The Town of Astatula Land Development Regulations Code (LDRs).

Cluster Housing: A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the remaining land area is devoted to open space, active recreation, preservation of environmentally sensitive areas, or agriculture.

Collector Street: See Street, Collector.

Commercial Development: C1, Commercial Planned Unit Development (CPUD), or ORC zoning as defined in the Town of Astatula Code as amended from time to time.

Commercial Message: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Commercial Sales: See Retail Sales.

Commercial Use: Activity involving the sale of goods or services carried out for profit. For the purposes of these regulations, a hobby as defined is not considered a commercial use.

Common Open Space: An area of land, or an area of water, or combination of land and water, within the area of a planned unit development which is designated and intended for the use or enjoyment of residents of the planned unit development in common. Common open space may contain such structures and improvements as are desirable and appropriate for the common benefit and enjoyment of residents of the planned unit development.

Compensating Storage: Equivalent to floodplain storage provided to counterbalance floodplain filling.

Compliance: Adherence to requirements or regulations set forth in this code.

Comprehensive Plan: A plan that meets the requirements of Florida Statutes, chapter 163, part II.

Concurrency: The presence of adequate public facilities that meet the adopted level of service standard or will be available either no later than the impact of development, or within one year of the impact of development, depending on the type of facility.

Conditional Use: A use allowed in a zoning district only after specific requirements outlined in this code have been met and the planning and zoning commission has attached conditions of approval, if any.

Conservation: The prudent use of natural resources commensurate with environmental functions.

Construction or Construction Activity: The building of, or substantial improvements to, any structure, or the clearing, filling, or excavation of any land. It shall also mean any alteration in the size or use of any existing structure or the appearance of any land. When appropriate to the context, construction activity refers to the act of construction or the result of construction.

Convenience Store: Any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches, and other freshly prepared foods, such as salads, for off-site consumption.

Conventional Construction: That which is primarily built on-site and is not able to be moved from one site to another.

Corner Lot: A lot adjacent to two or more roads, private roads, or private easements which intersect.

County: Lake County, Florida, or the governing body thereof, the Board of County Commissioners, or their representatives.

Council: The Town Council of the Town of Astatula, Florida.

Cul-de-sac: See Street, Cul-de-sac

DOT/FDOT: See Florida Department of Transportation.

Demolish/Demolition: The act or process of wrecking, destroying, or removing any building or structure, or any exterior or structural part thereof.

Density: A ratio of dwelling units per base site area.

Density, Residential: Refers to the number of residential dwelling units permitted per gross acre of land and is determined by dividing the number of units by the total area of land within the boundaries of a lot or parcel, preservation and undevelopable areas, or areas below the normal high water line of a lake. In the determination of the number of residential dwelling units to be permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit.

Detention: The collection and temporary storage of water in such manner as to provide for treatment through chemical or biological processes or attenuation of the peak rate of storm physical, or flow.

Developed: That point in time when the building and site have received final inspections.

Developer: Any person, including a governmental agency, undertaking any development, as defined in this section.

Development: The alteration, construction, installation, demolition or removal of a structure, impervious surface or drainage facility; or clearing, scraping, grubbing, killing or otherwise removing the vegetation from a site; or adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise significantly disturbing the soil, mud, sand or rock of a site.

Development Approval: Approval granted by the Town of Astatula which allows the owner/developer to move forward with development of a property.

Development Order: Any order, permit or other official action of the Town granting, or granting with conditions, an application for development.

Development Permits: Single-family and duplex residences, new nonresidential/multifamily (greater than duplexes), all other new construction, all commercial interiors, site work/infrastructure permit, demolition/house moving, foundation, additions (commercial, multifamily and all other nonresidential), and any other permits designated by the Town from time to time as development permits.

Development Plan: A detailed plan required by the Town and submitted to the Town for approval of a specific project.

Development Rights: The potential for the improvement of a parcel of real property, measured in Dwelling Units per Gross Acre, which exists because of the zoning classification of the parcel.

Discharge, Discharge Point: The outflow of water from a project, site aquifer, drainage basin or facility and the point thereof.

District: Any section of the certain described area of the Town of Astatula to which these regulations apply and within which the zoning regulations are uniform.

Ditch: Artificial waterway for irrigation or stormwater conveyance.

Drainage Systems, Natural Drainage System: All facilities used for the movement of stormwater through and from a drainage area, including, but not limited to, any and all of the following conduits and appurtenant features: canals, channels, ditches, flumes, culverts, streets, etc. Also includes all watercourses, water bodies and wetlands.

Dredging, Filling and Other Related Activities: Any activities which may affect the quality of the waters of the Town, such as the following: draining, digging, pumping, pushing, removing or displacing, by any means, of material, or the dumping, moving, relocating or depositing of material, either directly or otherwise, and the erecting of structures, driving of pilings, or placing of obstructions below the mean high water mark of any body of water within the Town.

Domestic Animal: See Animal, Domestic.

Dormitory: A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery, or other similar institutional use.

Driveway: An access constructed within the public right-of-way, connecting the public roadway with adjacent property and intended to be used in such a way that the access into the adjacent property will be complete.

Dry Detention: Detention provided by a pond or basin that normally has a dry bottom except during, and up to 14 days after, a rainfall event.

Duplex: A dwelling which has accommodations for and is intended to be used by two families living independently of each other. In order to qualify as a duplex, the dwelling must:

?

Have at least one common wall;

?

Be so designed as to allow passage from one dwelling unit to the other without the necessity of leaving the shelter of a common roof, if a connecting passage were cut through the common wall; and

?

Be so designed that at least 50 percent of the common wall is located between the front wall and rear wall of the heated living area.

Further, the construction of any structure as a duplex shall be duly noted in the public records of Lake County, Florida on a form provided by the Town. Any duplex constructed after April 7, 1998, which is damaged shall be repaired, replaced, or demolished in order to ensure no structure remains after the damage which is nonconforming.

Dwelling or Dwelling Unit: A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multifamily dwellings, but not including hotels, motels, boardinghouses, rooming houses, house trailers, whether such trailers be mobile or located in a stationary fashion as on blocks or other foundations, tents, houseboats, travel trailers or other forms of temporary or portable housing.

Dwelling, Multifamily: A building containing three or more dwelling units.

Dwelling, Single-Family: A building containing only one dwelling unit.

Dwelling, Two-Family: A building containing only two dwelling units.

Easement: A right of use over the property of another. Any strip or parcel of land created by a subdivider for public or private utilities, access, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner subject to the right of use designated in the reservation of the servitude.

Electric Fence: As used in this code, the term "electric fence" refers to agriculture type electric wiring which may be installed only on the interior portion of the fence and will be allowed in all zoning districts.

Encroachment: Any structure or object occupying, projecting into or obstructing any portion of a designated public right-of-way, yard, floodplain or floodway, buffer yard, landscaped area, or any other designated area in which the structure or object is not permitted by these regulations, including, but not limited to, buildings or other materials, all or portions of permanent or temporary buildings or other structures, fences and ornamental structures, and where appropriate to the context, vehicles; but excluding federally approved mailboxes where permitted and approved driveways.

Endangered Species: Wildlife species whose prospects for survival are in immediate danger because of a loss or change in habitat, overexploitation, predication, competition, disease, disturbance, or contamination and designated as such by a governmental agency.

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

Enhancement: The improvement of the ecological value of an existing wetland.

Erosion: Wearing or washing away of soil by the action of water.

Excavation: Wearing or washing away of soil by the action of water. The removal, stripping or disturbance of soil, earth, sand, clay, peat, rock, gravel, or other similar material from the ground.

Exempt: To be excluded or excused from a requirement or obligation in the code.

Existing Building: A building erected prior to the adoption of the ordinance or one for which a legal building has been issued and activated in the time period specified thereon.

Exterior: All outside surfaces of any building or structure.

Family: One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity, sorority or an institutional group.

Fence: An unroofed barrier or unroofed enclosing structure.

Fill: Manmade deposits of earth or waste materials to be used to fill excavations, to increase the vertical or horizontal extent of Land or solid waste disposal units, or to build embankments.

Filling: Deposition of materials by any means in water bodies, wetlands, or building sites.

Final Development Order: Final Development Orders are required after completion of the following approvals:

a.

Development of Regional Impact (DRI);

b.

All development permits except those exempted permits;

c.

Site plan;

d.

Final subdivision plan and plat.

Final Development Plan: The specific development plan submitted to the Town for which incorporates all conditions and requirements placed on the site by the Town during the approval process.

Final (Record) Plat: Those submittals as required by, and following the procedure of this code, showing all building lots, easements, rights-of-way and other information necessary for providing the detailed description of the subdivision of a parcel of land.

Flag: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

Flag Lot: A lot with access provided to the bulk of the lot by means of a narrow corridor less than 50 feet in width.

Flood Hazard Area: Land within a community in the floodplain which is subject to a one percent or greater chance of flooding in any given year.

Flood Insurance Rate Map (FIRM): The official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood, 100-year: The flood flow or stage of the magnitude which has a one percent chance of being equaled or exceeded during any one given year.

Floodplain or Floodprone Area: An area inundated as a result of runoff from a storm with a defined probability of occurrence in any year (e.g., the one percent probability of occurrence floodplain is the 100-year floodplain).

Floodplain, 100-year: An area inundated as a result of runoff from a 100-year flood.

Floodprone Area: Any area which lies at or below the water surface elevation of the base flood.

Floodway: The permanent channel of a stream or other watercourse, plus any adjacent floodplain areas that must be kept free of any encroachment in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than a designated amount, not to exceed one foot except as otherwise established by the Water Management District or established by a flood insurance rate study conducted by the Federal Emergency Management Agency (FEMA).

Note: The one-foot increase cited above is used in the determination of the floodway itself and is not meant to allow subsequent increases in the 100-year flood elevation, once the limits of the floodway have been so set. That is, in order to determine that portion of the floodplain which will be designated as the floodway, one begins at the outer limits of the floodplain and assumes full development inward, toward the river or stream channel, on both sides of the flood hazard area, until the point is reached where development will cause the 100-year flood elevation to rise by one foot. The area remaining between this boundary and the channel is the floodway, and because any further development here would necessarily increase the 100-year flood elevation by more than one foot, no such development can be permitted.

Floor: The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term "floor" does not include the floor of a garage used solely for parking vehicles.

Florida Department of Environmental Protection (FDEP): State of Florida Department of Environmental Protection is the state agency regulating water and sanitary sewer services and septic tank services.

Florida Department of Transportation (FDOT): The State of Florida Department of Transportation is the state agency regulating transportation matters, including ingress and egress from roadways which have been designated as state roads.

Fowl: Any of various birds of the order Galliformes, especially the common, widely domesticated chicken.

Freestanding Sign: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

Front Yard: See Yard, Front.

Frontage: The length of property line of any one premises along a public right-of-way on which it borders.

Fruit/Vegetable Stand: A business whose primary function is the sale of fruits and/or vegetables to the general public. May be an open air type market or may be located inside a building.

Future Land Use: The development that has occurred on the land, or the development this 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, or under land development regulations or a land development code, as the context may indicate.

Garage Apartment: A fully functional living unit containing cooking and sanitation facilities located in or above a garage. Garage apartments shall not be allowed in single-family zoning districts and shall be considered a separate unit in multifamily residential zoning districts.

Garage (Private): As required for residential structures, a garage shall be a structure consisting of three solid walls and one door of appropriate size to allow parking of at least one standard size automobile. Minimum garage size shall be 12 feet by 20 feet. Garages shall not extend into any setback. Garages must also be architecturally similar to the primary structure in design and materials.

Garage, Repair: Any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.

Gas and Service Stations: A commercial operation offering for dispense, gasoline, diesel fuel or other petroleum-based product for the use in automobiles, as opposed to automotive repair facilities which provide repair and maintenance of automobiles without dispensing fuel.

Geotechnical Engineer: Shall mean a licensed professional engineer in the State of Florida whose expertise or experience is in the field of geotechnical engineering.

Governmental or Public Agency:

□

The United States or any department, Commission, agency, or other instrumentality thereof;

□

This state or any department, Commission, agency, or, other instrumentality thereof;

□

Any local government as defined in this article, or any department, Commission, agency, instrumentality thereof;

□

Any school board or other special district, authority, or other governmental entity.

Grade: The slope of a road, street, other public way, or lot specified in percentage terms.

Green Book: Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, prepared by FDOT, Tallahassee, Florida.

Gross Acre/Gross Acreage: Includes the entire area of a parcel of land, excluding natural open water bodies.

Gross Density: The total number of dwelling units divided by the base site area.

Ground Sign: A sign which is supported by structures in or upon the ground and independent of support from any building.

Ground Surface Area: Any paved, surface treated, or unpaved area (excepting public rights-of-way) used for the purpose of driving, parking, storing, or display of vehicles, boats, trailers and mobile homes.

Groundwater: Water beneath the surface of the ground whether or not flowing through known and definite channels.

Guest Homes, Tourist Homes: See Hotel.

Guest House: A detached accessory building located on the same premises of the main residential building, intended for intermittent or temporary occupancy by a nonpaying guest, and which has no cooking facilities.

Height of Sign: The distance between the top of the sign and finished grade or the roadway, whichever is greater.

Hobbyist Commercial: A pursuit outside one's regular occupation engaged in especially for relaxation. For the purposes of these regulations a person's primary income is not derived from hobby activities.

Holiday Decorations: Signs, lights, or ornamental displays of a primarily decorative nature, clearly incidental and customary and commonly associated with any national, local or religious holiday; or as specifically decreed by an official act of the Town Council for a special event or campaign.

Home Occupation: Any use conducted entirely within a dwelling and carried on by an occupant thereof, which use is clearly incidental and secondary to the use of the dwelling thereof. Home occupations shall not be construed to include barbershops, beauty salons, tearooms, food processing restaurants, sale of antiques or commercial kennels. In addition, any use which requires employees and/or customers to enter the premises shall not be construed as a home occupation.

Home Occupational License: (Also known as a Business Tax Receipt) A license granted by the Town for an activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling unit.

Hospital: An institution providing health services, primarily for in-patients, any medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, out-patient department, training facilities, central service facilities and staff offices.

Hospital, Animal: See Veterinary Clinics and Hospitals.

Hotel (including Motels): A building, or part thereof, in which sleeping accommodations are offered to the public, which may or may not offer cooking facilities for use by the Occupants, and in which there may be a public dining room for the convenience of the guests. The "hotel" term may also include boardinghouses, lodging houses, rooming house, bed and breakfasts, apartment hotels, tourist home, guest homes, or courts.

House of Worship: A building used for nonprofit purposes by a recognized and legally established sect solely for the purpose of worship.

House Trailer: See Mobile Home.

Illuminated Sign: Any sign illuminated in any manner by an artificial light source.

Impact of Development: For purposes of concurrency, the impact of development shall be determined to occur at the time the certificate of occupancy is issued.

Impervious Surface: A surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes semi-pervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces.

Improvement/Improvements: Any building, structure, fence, gate, wall, walkway, parking facility, light fixture, bench, foundation, sign, work of art, earthworks, sidewalks, or other manmade objects constituting a physical change or betterment of real property, or any part or portion of said change or betterment. Additionally, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent reference monuments (PRMs), permanent control points (PCPs), or any other improvements required by the Town.

Incidental Sign: A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

Industrial Park: A tract of land that is planned, developed, and operated as an integrated facility for a number of individual industrial uses, with consideration to transportation facilities (rail and highway), circulation, parking, utility needs, aesthetics, and compatibility.

Industry: The commercial production and sale of goods and services. Those fields of economic activity.

Instructional Sign: A sign conveying non advertising message related to the use of the premises or the movement of pedestrians and vehicles including, but not limited to, "no parking," "enter," "order here," etc.

Intensity: The nature of the use to which property is allocated which can be quantitatively measured by square footage and the number of trips generated by the use. As related to stormwater, the depth of accumulated rainfall per unit of time.

Interior: The internal part, or inside of a building.

Interior Lot: A lot other than a corner lot.

Junkyard: Any area, lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk.

Kennel: A place where dogs and other small animals and house pets are kept, sheltered, boarded, bred or groomed for compensation.

Land: The earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Land Area: Any contiguous quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its Owner as property to be used or developed.

Land Development Regulations: Include local zoning, subdivision, building, and other regulations controlling the development of land.

Land-locked area: A lot or parcel of land without direct access to a public road.

Land Owner: The legal or beneficial owner or owners of all of the land proposed to be included in a development; the holder of an option or a contract to purchase; or a person having possessory rights or equal dignity will be deemed to be a land owner for the purpose of this regulation, so long as the written consent to the development of the owners of all other interest in the land concerned is obtained.

Land Planner: An individual or company, who by profession and education, are qualified to offer assistance and make recommendations regarding existing and future development. A registered land planner is certified by the American Institute of Certified Planners and carries the designation AICP.

Land Surveyor: A land surveyor registered under chapter 472 who is in good standing with the Florida State Board of Professional Surveyors and Mappers and is qualified to make accurate field measurements and to mark, describe, and define land boundaries.

Land Use: The development that has occurred on the land, or 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, or under land development regulations or a land development code, as the context may indicate.

Landscape Architect: A qualified person registered and currently licensed to practice landscape architecture in the State of Florida pursuant to Florida Statute, chapter 481.

Landscape Buffer: A landscaped area used to physically separate or screen one use or property from another so as to visually shield or partially block noise, lights, etc.

Laundromats: An establishment providing washing and drying machines on the premises for rental use to the general public.

Level of Service Standard: The number of units of demand adopted by the Town in the comprehensive plan.

Limited Commercial: Commercial uses utilized in conjunction with Agricultural activities.

Livestock: The term "livestock" shall include, but not be limited to, all animals of the equine, bovine or swine class, including, but not limited to, goats, sheep, mules, horses, hogs, cattle and other grazing animals.

Living Area: That portion of a residential structure equipped for year-round living by a full enclosure of a substantial nature, exclusive of carports, garages, and swimming pools.

Loading Space: An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

Local Roads/Local Streets: See Streets, Local.

Lot: The least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter or other name through which it may be identified.

Lot Area: The total area within the lot lines of a lot, including easements, but excluding rights-of-way.

Lot, Corner: A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees. Corner lots shall have two front yard setbacks along the adjacent rights-of-way and two side yard setbacks on the remaining sides.

Lot Coverage: The maximum square footage allowed of impervious surface area.

Lot Depth: The distance measured from the midpoint of the front line to the midpoint of the opposite rear line of the lot.

Lot, Front: The portion of a lot that abuts the street or road right-of-way. In the case of a corner lot, this is both.

Lot Line: The legal boundary line of a lot.

Lot Minimum Size: The smallest square footage allowed in a particular zoning category.

Lot Minimum Width: The smallest frontage width allowed in a particular zoning category.

Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the clerk of the Circuit Court of Lake County, Florida, or was shown as an individual lot on the Lake County Assessment Maps, as of September 2, 1980.

Lot Width: The average horizontal distance, between the two side property lines of a lot.

Lot Width at the Building Line: The distance between the side lot lines, measured at the front building line and parallel to the front lot line.

Lounge/Night Club: An establishment which dispenses liquor and meals, and in which music, dancing, or entertainment is conducted.

Maintenance: The action taken to restore or preserve the functional design of the as-built plans of any facility or system.

Major Collector Road: A road classified as major collector, based upon criteria established by the Florida Department of Transportation utilizing their most recent adopted functional classification system using the road.

Major Subdivision: Any subdivision not classified as a Minor Subdivision.

Management: A series of techniques applied to maintain the viability of species in a location. These techniques include, but are not limited to, controlled burning, planting or removal of vegetation, exotic species control, maintaining hydrologic regimes, and monitoring.

Manufactured Home: See also Mobile Home. A dwelling unit fabricated on or after June 15, 1976, in an offsite 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/Mobile Home Park: A site containing spaces with required improvements and utilities that are leased or purchased for the placement of manufactured homes and that may include services and facilities for the residents.

Manufactured/Mobile Home Space: A plat of land for placement of a single manufactured/mobile home within a manufactured/mobile home park.

Manufactured/Mobile Home Subdivision: A parcel of land which has been platted into lots or parcels of land for sale or lease of lots for the placement of manufactured/mobile homes.

Marina: A facility located on a public navigable waterway which is accessible and adjacent to the shore, and which is provided with slips and moorings for securing, servicing, or repairing of yachts, cruisers, motor and outboard motorboats, sailboats, and charter fishing boats, but specifically excluding industrial and commercial fishing craft.

Marquee: A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.

Marquee Sign: Any sign attached to and made a part of a marquee.

Maximum Building Height: The maximum allowed height is two stories and 35 feet. Vertical distance from the finished grade to the highest point of a flat roof or a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs or other pitched roofs.

Maximum Lot Coverage: The maximum portion of the lot allowed to be covered by buildings.

Medical Building/Clinic: A building that contains establishments dispensing health services. May contain health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.

Minor Arterial Road: A road classified as a minor arterial based upon criteria established by the Florida Department of Transportation utilizing their most recent, adopted functional classification system.

Minor Collector Road: A road classified as a minor collector based upon criteria established by the Florida Department of Transportation utilizing their most recent, adopted functional classification system.

Minor Subdivision: A subdivision of land that does not involve any of the following:

(1)

The creating of more than two commercial lots; or

(2)

More than three residential lots.

Mobile Homes: (See also Manufactured Home). A structure transportable in one or more sections, which structure is eight body feet (2.4 meters) or more in width and over 35 feet in length, and which structure is built on an integral chassis and designed to be used as a permanent dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. A mobile home was built prior to the enactment of the federal Manufactured Housing Construction and Safety Standards, which become effective for all Manufactured Home Construction on June 15, 1976. Recreational vehicles shall not be considered mobile homes. The terms "mobile home" and "manufactured home" shall be utilized interchangeably in these regulations.

Motel: See Hotel.

Motor Vehicle, Abandoned: See Abandoned Motor Vehicle.

New Construction: Any alteration or conversion which requires a building or site work permits to be pulled.

New Development: All development which is not existing development.

Night Club/Lounge: An establishment which dispenses liquor and meals, and in which music, dancing, or entertainment is conducted.

Nonconforming Fence: Any fence which does not conform to the regulations of this code.

Nonconforming Lot: Any lot which does not conform to the regulations of this code.

Nonconforming Sign: Any sign which does not conform to the regulations of this code.

Nonconforming Structure: Any structure which does not conform to the regulations of this code.

Nonconforming Use: Any use which does not conform to the regulations of this code.

Nonresidential Development: A development whose intended use is other than residential, such as commercial or industrial. Such development shall comply with the applicable provisions of these regulations.

Nursery School: A nursery school is a place, home, building or location where six or more children under the age of six years, not related to the operator, are cared for within a 24-hour period or less, for either a direct money consideration or for indirect benefit to the Owner in connection with a related business. The term "nursery school" specifically includes nurseries, kindergartens or any other facility caring for children during either the day or night; but shall not include such facilities operated by the State of Florida or any agency or unit of the state government or the Lake County School Board.

Occupancy or Occupied: The residing of an individual or individuals overnight in a dwelling unit or the storage or use of equipment, merchandise, or machinery in any public, commercial, or industrial building.

Occupant sign/Occupant identification sign: Any sign which carries only the name of the firm, major enterprise or products offered for sale on the premises, lot or parcel of land.

Off-site: A project site or parcel which is different than that of the subject project site or parcel.

Off-site Sign: A sign which does not relate in subject matter to the premises on which it is located, or to any products, accommodations, services or activities on the premises.

Off-street Parking Area: An area within a lot or parcel of land or structure designed, constructed or utilized for the temporary storage or parking of motor vehicles. Such use shall be directly associated with a permitted use of the land.

Open Space: Any parcel of land set aside, dedicated, designated or reserved for public or private use or enjoyment or for the sue and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space includes golf courses, parks, passive recreation areas, landscaped areas, natural floodways, wetlands, conservation and preservation areas, non-fenced in stormwater retention areas, and non-activity-based, non-manmade lakes wholly within the property. Open space does not include rights-of-way, above-ground utilities, parking areas, side or rear lots, street surfaces, activity-based recreation facilities (except golf courses), and fenced in stormwater retention areas.

Owner: The person in whom is vested the fee, ownership, dominion, or title of property. The term "owner" may also include a tenant, if chargeable under his lease for the maintenance of the property, and any agent of the owner or tenant, including a developer.

Owner of Land: See Land Owner.

Owner's Authorized Agent. An agent of the Owner or Land Owner duly authorized to submit and process an Application. If the Applicant is not the property Owner, a proper authorization shall accompany the Application. If a proper authorization does not accompany the Application, the Application shall be considered incomplete, and the Applicant shall be notified in writing by the Town of such incompleteness. The authorization shall be evidenced by an affidavit signed by the Owner and notarized specifically authorizing the agent to represent the Owner in connection with the Application as to the Owner's real property which is the subject of the Application. The authorization shall include an agreement of the Owner to be bound by the actions of the Owner's Authorized Agent and the provisions of the Land Development Regulations.

Parcel or Parcel of Land: A contiguous quantity of land in possession of, owned by, or recorded as property of the same claimant person in the Public Records of Lake County, Florida, as of the effective date of this code or as may be subsequently recorded pursuant to the Town of Astatula Land Development Regulations.

Parcel Width. See Lot Width.

Park: A tract of land, designated and used by the public for active and/or passive recreation.

Parking Area. A ground surface area used for the parking of vehicles.

Parking Space. A ground surface area (except public rights-of-way) used for the storage of a single vehicle to serve as primary use.

PCP (Permanent Control Point): A secondary, horizontal-control monument, according to F.S. § 71.339.

Peak Rate of Discharge/Peak Rate of Flow: The maximum rate of discharge resulting from a given storm event.

Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Permit: Permit shall mean written authority to allow construction, reconstruction, or reclassification of a connection in accordance with the jurisdictional agency's policy.

Permitted Uses: Those land uses that are permitted within a zoning district.

Person: Any and all persons, natural or artificial, and includes any individual, firm, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

Personal Service Establishment: An establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. For purposes of this code, personal services establishment shall be limited to beauty shops, barbershops, shoe repair, fitness/health clubs nail salons and massage therapists.

Plan, Final Subdivision: The set of final construction plans for a subdivision approved by the Town for construction purposes.

Plan, Preliminary Subdivision: A conceptual, informal plan of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion, classification, and preliminary approvals.

Planned Unit Development: An area of land devoted by its owner to development as a single entity for a number of dwelling units and/or other uses in accordance with a plan which does not necessarily comply with the provisions of other zoning districts with respect to lot size, lot coverage, setbacks, off-street parking, bulk or type of dwelling, density and other restrictions.

Planner: See Land Planner.

Planning and Zoning Commission: The Planning and Zoning Commission of the Town of Astatula.

Plat: A map or delineated representation of the subdivision of lands, being a complete, exact representation of the subdivision and other information in compliance with the requirement of all applicable statutes and of local ordinances, and may include the terms "replat," "amended plat," or "revised plat."

POD: Trade name for an on-site storage unit that is leased or rented. See Temporary Storage [Unit].

Pole Sign: A sign supported by at least one pole, pylon, or brace permanently secured to the ground which are not concealed.

Portable Sign: Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support constructed without wheels is converted to an A- or T-frame sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign.

Positive Outlet: A gravity discharge from a basin via overland flow, artificial waterway, natural waterway, or pipe.

Post-Development: The average conditions as of the completion of the development for which a permit has been applied.

Potable Water: Water which is satisfactory for drinking, culinary and domestic purposes, and which meets the quality standards of the Florida Department of Environmental Protection, chapter 17-22, Florida Administrative Code.

Pre-Development: The hydrologic condition of the project site immediately before development or construction begins.

Preliminary Development Plan: The specific development plan submitted to the Town as the first step in the development review and approval process.

PRM (Permanent Reference Monument): A monument according to Florida Statute § 71.339.

Principal Arterial Road: A road classified as a principal arterial based upon criteria established by the Florida Department of Transportation utilizing their most recent, adopted functional classification system.

Principal Building: The building in which is conducted the principal use of the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

Private Clubs: An incorporated or unincorporated association for civil, social, cultural, religious, literary, political, recreational or like activities, operated for the benefit of its members and not open to the general public.

Private Utility: Any agency that, under private ownership, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection, or other similar service.

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

Professional Geologist: A State of Florida Registered Professional Geologist whose expertise and experience allows for the performance of the tests and preparation of evaluations and reports as set out in the applicable sections of this ordinance.

Prohibited Trees: See section 8.8.10 for types of trees which are prohibited.

Prohibited Uses: Those land uses that are specifically forbidden in a particular zoning district.

Project: The particular structures and improvements proposed by the applicant on a particular land area which are part of a common plan of development.

Project Engineer: A professional engineer of record for the project under consideration.

Projecting Sign: Any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall.

Public Facilities: Roads, potable water supplies, sanitary sewer treatment, solid waste, drainage, public parks.

Public Hearing: A meeting held in conformance with all applicable due Public Notice requirements at which time a decision by the body holding the hearing is usually rendered.

Public Meeting: A meeting held in conformance with all applicable due Public Notice requirements at which time the proposed material is generally discussed and a decision by the body holding the meeting is not usually rendered. This definition is provided for clarification purposes only.

Public Notice: The term "Due Public Notice," as used in the phrase "Public Hearing or hearing with due Public Notice," involves the following action: At least 15 days in advance of such hearing, notice shall be published two times in a newspaper of general circulation in the County or in the area of the County involved, which notice shall state the time and place of the hearing, the nature of the matter to be discussed, and that written comments filed with the administrative official will be heard, and said notice may state that hearings will be continued from time to time as may be found necessary.

Public Road: The area of the public right-of-way either paved or unpaved, which is intended for vehicular traffic, excluding service entrances or driveways, and constructed to the standards of the regulatory agency having jurisdiction.

Public Utility/Utilities: Any publicly or privately operated utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service or telephone lines, whether underground or overhead which serves the public.

Rate: Volume per unit of time.

Real Estate Sign: A sign advertising real property on the parcel where the sign is located.

Rear Yard: See Yard, Rear.

Receiving Waters orReceiving Water Bodies: Any water bodies, watercourses, and wetlands into which surface waters flow.

Recharge: The inflow of water into an aquifer which meets state aquifer and water quality requirements contained in chapters 17-3 and 17-4, Florida Administrative Code.

Recreation (use): Public or private parks, which include, but are not limited to playgrounds, swimming pools (open to the public), ball fields, etc. Additionally, cultural facilities supported by the Town through direct monetary support, sponsorship in name, or through donations of public property shall be considered recreation uses. Private recreation uses, such as pool halls, video or pinball arcades, shall not be considered as recreation uses.

Recreational Vehicle (RV): Any travel trailer or motor home, camping trailer, or other similar vehicle which is occupied or intended for occupancy on a temporary, transient basis for travel, recreation or vacation purposes, including any "park model" travel trailer.

Recreational Vehicle Park: Any lot or parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

Refuse: All biodegradable and non-biodegradable wastes consisting of both combustible and noncombustible wastes such as paper, cardboard, garbage, grass clippings, tree shrub trimmings, wood, bedding, crockery, rubber tires, construction waste, and similar waste materials. This definition is presented for the purpose of clarification rather than regulation.

Remove or Removal of Trees: As used in the landscape section of these LDRs, the cutting down, destruction, or damaging of a tree or trees, or to cause the cutting down, destruction, or damaging of a tree or trees.

Replacement Tree: A protected tree as outlined in the landscape section of these LDRs.

Replatting of Subdivision: A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

Residential Sign: Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the zoning ordinance; yard sales, sale of the property or other similar events, provided the size of the sign is limited to four square feet, and no lights may be used to illuminate said sign.

Restaurants: An establishment which prepares and serves food and/or beverages without floor shows or other forms of entertainment provided for customers.

Retail/Retail Store: Any building or structure in which one or more articles of merchandise or commerce are sold to the ultimate consumer.

Retail Sales: Establishments engaged in the selling or rental of goods or merchandise (usually to the general public for personal use or household consumption) and in rendering services incidental to the sale of such goods.

Retail Sales, Outdoor: The display and sale of products and services, primarily outside of a building or structure, including vehicles; garden supplies, flowers, shrubs, and other plant materials; gas, tires, and motor oil; food and beverages; boats and aircraft; farm equipment; motor homes; burial monuments; building and landscape materials; and lumberyards.

Retention or To Retain: The prevention of, or preventing, the discharge, directly or indirectly, of a given volume of stormwater runoff into surface waters by complete on-site storage.

Review Deposit. A deposit of money, as established by this section, to be paid by an Applicant at the time of the filing of an Application. The Review Deposit is in addition to the Application Fee and is used to reimburse the Town for the actual costs paid by the Town for mailing and publishing notices, other costs, and payments to each and every Town Consultant during the review of the Application.

Right-of-Way (ROW): Land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, public facility, drainage facility, access for ingress and egress, or other purpose by the public, certain designated individuals or governing bodies.

Road: A general term used to describe a right-of-way which provides for vehicular and pedestrian movement between certain points in the subdivision or surrounding area, which may provide for vehicular and pedestrian access to properties adjacent to it, and which may also provide space for the location of underground utilities or drainage. A road is an arterial, collector, local, private road, or non-exclusive easement dedicated to the public for road, utility, and drainage purposes. A road is not an exclusive or private easement or a non-exclusive easement with a party other than a public agency.

Road Apron: An asphalt or concrete connector which shall be constructed between private streets and/or driveways and public streets and roads to help avoid deterioration of streets and roads. The road apron shall be a minimum of ten feet wide and five feet deep.

Roadway: The paved portion of a street available for vehicular traffic.

Roof Sign: Any sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure.

Rural Section: A paved street having an open drainage system, i.e., utilizing swales rather than curbs and gutters for drainage.

St. Johns River Water Management District (SJRWMD): The water management district which oversees drainage permitting for the Town of Astatula and Lake County.

Salvage Yard: See Junkyard.

Sandwich Sign: A two-sided, self-supporting sign with the base of the sign being the supporting structure and the connecting point located at the top of the sign.

Satellite Dish Antenna: A parabolic or dish shaped antenna or any other apparatus or device that is designed for the purpose of receiving radio waves.

Screen/Screening: This definition refers to screening landscape. This is the landscape development located between paved parking areas and sidewalks, streets, other public rights-of-way and/or adjacent properties.

Sediment: Solid material, whether mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by water.

Sedimentation Control Device: Any structure or area which is designed to hold runoff water until suspended sediments has settled.

Service Drive: A public street, generally paralleling and contiguous to a main-traveled way, primarily designed to promote safety by eliminating excessive ingress and egress to the right-of-way, and providing safe and orderly points of access at fairly uniformly spaced intervals.

Service Stations: Any building, structure or use of land used for the dispensing, sale or offering for sale at retail any automobile fuels, oils or accessories and, in connection with which, may be performed general automotive servicing, as distinguished from automotive repairs which are established whose side use is to repair mechanical problems with vehicles.

Setback: An imaginary line on a building site specifying the closest point from a right-of-way line, a property line or water bodies where a structure may be located.

Sewage/Septic Systems: A septic tank, seepage tile sewage disposal system or any other sewage treatment device approved by the county health department in accordance with the regulations of the State of Florida and servicing only one lot.

Shed: See Accessory Buildings [Structures].

Shopping Center: A group of retail stores, planned and developed for the site upon which they are built, with off-street parking provided on the property.

Shrubs: A woody plant of relatively low height distinguished from a tree by having several stems rather than a single trunk; a bush.

Side Yard: See Yard, Side.

Sidewalk: That concrete portion of a right-of-way intended for pedestrian use.

Sidewalk Sign: See Sandwich Sign.

Sight Triangle: A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Sign: Any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter, inflatable device, or illuminated surface, which shall be so constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise, whatsoever, which is displayed in any manner whatsoever.

Sign Area: The area enclosed by a rectilinear line of not more than eight sides drawn around the perimeter of the sign, including trim, embellishments and background which includes the copy.

Sign, Off-site: A sign which is located on a site other than that which is being advertised.

Sign, On-site: A sign which is located on the property which is being advertised.

Significant Change: A change in the use of the property, including land, structures or facilities, or an expansion of the size of the structures or facilities, or an expansion of the size of the structures or facilities causing an increase in the trip generation of the property based on the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual exceeding 25 percent more trips generated (either peak hour or daily) and exceeding 100 vehicles per day more than the existing use.

Similar Use: A use that has the same characteristics as the specifically cited uses in terms of the following:

□

Trip generation and type of traffic;

□

Parking and circulation;

□

Utility demands;

□

Environmental impacts;

□

Physical space needs;

□

Clientele.

Sinkhole: A natural depression in a land surface communicating with a subterranean passage, generally occurring in limestone regions and formed by solution or by collapse of a cavern roof.

Site: Any tract, lot, or parcel of land or combination of tracts, lots, or parcels of land which is in one ownership, or contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or project.

Site Plan: An illustration of the details of development of areas, such as, but not limited to, commercial, recreational, and multiple-family residential uses not being platted.

Site Plan Approval: A process for the review and approval of a development plan prior to the issuance of a development permit.

Slope: The deviation of a surface from the horizontal, usually expressed in percent or degrees. See Grade.

Snipe Sign: Any sign of any material whatsoever that is attached in any way to a utility pole, tree, fence post or any other similar object, or placed within public property or within a public right-of-way without Town approval.

Soil Map: A map indicating the names and special distribution of soil types on a site and including information relating to soil characteristics, such as slope, depth to seasonal high water, depth to bedrock, permeability, and natural drainage class.

Solid Waste: Garbage, rubbish, refuse, special waste, or other discarded material.

Special Event: Any public or private non-for-profit event of limited duration, in which the general public is invited to participate, that is otherwise unrelated to the primary use of the property.

Special Exception Use: A use that 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, welfare, order, comfort, convenience, appearance, prosperity or general welfare. Such uses as may be permitted by the Town Council are identified for each zoning district as special exceptions.

Stable: A facility used for the care of horses, ponies, or other livestock to be used for instruction, recreation, renting or hiring or for boarding such animals.

Staff (Town Staff): Those individuals employed by the Town, and whose duties are performing various tasks for the town. These include a number of different departments and job descriptions.

Start of Construction: The commencement of construction activities such as land clearing, earth moving, or the erection of structures.

Statutes: The Florida Statutes Annotated, as amended from time to time.

Storm Event: The storm of a specific duration, intensity, and frequency.

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

Stormwater Management: The approved detailed analysis, design, and drawings of the stormwater management system required for all construction.

Stormwater Management Permit: The approved detailed analysis, design, and drawings of the stormwater management system required for all construction.

Stormwater Management System/Facilities: To the designed/constructed features of the property which collect, convey, channel, store, inhibit, or divert the movement of stormwater.

Story: That portion of a building included between the upper surface of any floor and the upper surface of the next floor above it, or if there is not floor above it, then the space between the floor and the ceiling above it, exclusive of mezzanines.

Street: Any accessway, such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those accessways such as easements and rights-of-way intended solely for limited utility purposes, such as electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers and easements of ingress and egress.

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

Street, Arterial: A street which provides a direct route for long, local trips and also provides access.

Street, Collector: A street which conducts traffic between local streets and arterials and also provides access to abutting property. Access should be controlled and on-street parking should be allowed only in cases where extra right-of-way exists and a safety problem will not be caused.

Street, Controlled Access:

Street, Cul-de-sac: A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

Street, Dead End: A street with a single common ingress and egress.

Street Frontage: The distance from which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.

Street Line: That line limiting the right-of-way of the street and being identical with the property line of persons owning property fronting on the street.

Street, Local: A street which provides access to property, serving as the first level of roadway for a neighborhood. It serves as a feeder to collector streets.

Street, Loop: A local street that has its only ingress and egress at two points on the same collector street.

Street, Private: A street that has not been accepted by the Town of Astatula.

Street Right-of-Way Line: The dividing line between a lot, tract or parcel of land and a contiguous street.

Structural Work or Alteration: The installation or assembly of any new structural components, or any change to existing structural components, in a system, building, or structure.

Structure: Anything constructed, installed or portable, the use of which requires a location on a parcel of land. The term "structure" 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 billboards, swimming pools, poles, pipelines, transmission lines, tracks and advertising signs.

Subdivision: The division of a parcel of land, whether improved or unimproved, into two or more lots or parcels of land for the purpose, whether immediate or future, of transfer of ownership, or if the establishment of a new street is involved, any division of such parcel.

Subdivision Sign: A sign denoting the name of a subdivision for means of identifying the development. Subdivision signs may be placed on entry walls or be constructed as a separate monument sign. In nonresidential subdivisions, these signs shall not be calculated toward the allowable sign over area for any particular site. These signs must be located at the entrance to the subdivision.

Substantial Change: Are generally considered to be those changes that may have an impact on neighboring properties, existing residents of the PUD, the environment or public services.

Survey:

(1)

The process of precisely ascertaining the area, dimensions, and location of a piece of land;

(2)

Determining the characteristics of persons, land, objects, buildings, or structures by sampling, census, interviews, observations, or other methods.

Surveyor: See Land Surveyor.

Suspended Sign: A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Temporary Sign: Any sign to be erected for a short period of time and is not permanently mounted.

Temporary Storage Unit: A temporary structure that is delivered in its entirety to the site for the sole purpose of temporarily storing household, commercial, or industrial building contents for storage during renovation; or loading household, commercial, or industrial building contents for moving.

Tenant: An occupant of land or premises who occupies, uses, and enjoys real property for a fixed time, usually through a lease arrangement with the property owner and with the owner's consent.

Thoroughfare: A main road or public highway.

Threatened Species: Wildlife species that may become endangered if conditions surrounding them begin to or continue to deteriorate and so designated by a governmental agency.

To Plat: In whatever tense used, the term "to plat" shall mean to divide or subdivide land into lots, blocks, tracts, sites, streets, rights-of-way, easements or other divisions, however designated, and the recording of the plat in the office of the clerk of the circuit court of Lake County in the manner authorized by chapter 65.2274, Laws of Florida, and other laws regulating the platting of land in Lake County, Florida.

Tourist Homes, Guest Homes: See Hotel.

Town: Town of Astatula, Florida.

Town Attorney: The Town's consulting attorney or designee.

Town Clerk: The Town's chief administrative officer, responsible for the proper administration of all affairs of the Town. Town Clerk shall prepare budgets and be responsible for its administration after adoption, attend council meetings, may take part in discussions but does not have the power to vote, sees that all laws, provisions of the Charter and acts of council are faithfully executed, and signs contracts.

Town Consultant. Those companies, private consultants, governments, individuals, or other entities under contract with the Town to provide services to or for the Town, or who provide services to or for the Town, or who provide technical or legal expertise to or for the Town, including but not limited to, attorneys, engineers and surveyors.

Town Council: The town council of the Town of Astatula.

Total Development Review Amount. The total amount of the Application Fee plus the Review Deposit to be paid by an Applicant, and any other fees authorized to be collected by the Town pursuant to its ordinances.

Town Engineer: The Town's consulting engineer or designee.

Town Planner: The Town's consulting planner or designee.

Tract: See Lot.

Trailer Sign: Any sign on a vehicle normally licensed by the State of Florida as a trailer and used for advertising or promotional purposes.

Travel Trailer: See Recreational Vehicle.

Travel Trailer Park: See Campground.

Tree: Any living, woody, self-supporting perennial plant which normally grows to a minimum height of 15 feet. As used in this code, the term "tree" refers to approved trees unless an alternative usage is expressly defined.

Tree, Mature: Any living, self-supporting, perennial plant which has a trunk diameter of at least six inches measured four feet above grade (at the base of the tree) and normally grows a minimum overall height of 15 feet.

Truck: Any motor vehicle designed, used, or maintained primarily for the transportation of property and/or any motor vehicle with a net vehicle weight of 5,000 pounds or less and which is designed or used principally for the carriage of goods and includes a motor vehicle to which has been added a cabinet box, a platform, a rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers.

Truck Traffic: Trips generated by any motor vehicle designed, used, or maintained primarily for the transportation of property and/or any motor vehicle with a net vehicle weight of 5,000 pounds or less and which is designed or used principally for the carriage of goods and includes a motor vehicle to which has been added a cabinet box, a platform, a rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers.

Undeveloped: A piece of property, a plat, or a platted lot for which no building permit for a principal structure has been issued.

Undue Hardship: An exceptional financial burden that might otherwise amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in the case of income-producing properties. Where the cost of the renovation exceeds by 1.5 times, the cost of demolition and new construction, undue economic hardship shall be presumed to exist.

Unsafe: A building, structure, sign, etc. which is a hazard to the public's safety, health or welfare.

Used Car Sales: The use of any building, land area, or other premises for the display and sale of used automobiles, but may include light trucks or vans, trailers, or recreational vehicles.

Utility Building: See Accessory Buildings [Structures].

Utility, Private: See Private Utility.

Utility, Public: A closely regulated enterprise with a franchise for providing to the pubic a utility service deemed necessary for the public health, safety, and welfare.

Vacant Land/Lot: Land or lot that is undeveloped and unused.

Variance: A variance is permission to depart from the literal requirement of a zoning ordinance. As used in connection with the provisions of this act dealing with zoning, a variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this act, a variance is authorized only for height, area and size of structure or size of yards 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 zoning district or classification or adjoining zoning districts or classifications.

Vehicle: A form of transportation, including motorized and nonmotorized vehicles designed and required to be licensed for use upon a roadway or highway in the state.

Vehicle, Junk: Any rusted, wrecked, damaged, dismantled or partially dismantled, inoperative, or abandoned motor vehicle in such a condition that it is economically infeasible to restore the vehicle to an operating condition. Comment: The term "economically feasible" means that the cost of restoring the vehicle to an operating condition exceeds the market value of the vehicle.

Vested/Vested Rights: Having the right to develop or continue development notwithstanding the comprehensive plan.

Veterinary Clinics and Hospitals: A place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall only be incidental to such hospital use.

Volume: Occupied space measured in cubic units.

Walkway: A passage for walking.

Wall Sign: Any sign painted on or attached to an erected structure parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface.

Warehouse: A building primarily used for the storage of goods and materials.

Water Body/Waterbody: Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline.

Water Management District: The St. Johns River Water Management District.

Water Quality: The characteristics of water as set forth in chapter 17-3, Florida Administrative Code, together with physical, chemical and biological characteristics of water that affect the propagation of fish, wildlife, aquatic plants and animals.

Watercourse: Any natural or artificial stream, creek, channel, ditch, canal, waterway, gully, ravine, or wash in which water flows either continuously or intermittently, and which has a definite channel, bed, or banks.

Waterfront: Any lot or parcel bordering on a water body.

Waters: This term "waters" shall include, but not be limited to, rivers, lakes, streams, springs, impoundments and all other water or bodies of water, whether surface or subsurface, and whether navigable or nonnavigable. The term shall encompass all bottom lands lying below the mean high water mark, whether said bottom lands are submerged or not.

Wet Detention: A detention basin that contains a permanent pool of water that will retain runoff for a minimum period of 14 days for an average rainfall summer, and which has a littoral zone over a substantial portion of the pond surface area.

Wetlands: Swamps and wet woodlands characterized by specific vegetational types, plant communities and soils, whether:

?

Flooded at all times;

?

Flooded only seasonably; or

?

Having a water table within six inches of the ground surface for at least three months of the year. As determined by the appropriate regulatory authority.

Wholesale (Store, Business, Establishment): Establishments of places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users.

Window Sign: Any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior. Permanently attached signs (i.e., illuminated, painted, affixed by mechanical means, etc.) shall be calculated in the total allowable sign area. Temporary and signs integrally related to business operation (i.e., open/closed signs, hours of operation, etc.) shall be allowed but not be included in the allowable copy area. Signs attached to supporting structures inside the business but oriented to customer or vehicular traffic shall be considered permanent window signs.

Wooden Fence: A structure of appropriate height, consisting of individual, evenly spaced posts, to which are attached opaque sections of vertical wooden slats, woven wood or other such arrangement which together constitute an opaque, visual barrier between two adjacent parcels of land.

Written Notice: The mailed written notice of a public hearing to interested parties, stating the date, time, and place of the hearings and matters to be discussed.

Yard Area: A vegetated or stabilized open space on the same lot with a building, said space being unoccupied and unobstructed from the ground upward, with the exception of trees and other natural vegetation.

Yard, Front:

□

A front yard is a yard extended between side lot lines across the front of a lot adjoining a street. In cases of double frontage lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the development review coordinator may waive the requirement for the normal front yard and substitute a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

□

In cases of corner lots, full-depth front yards are required on both frontages.

□

Depth of a required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.

Yard, Generally: A yard, generally, is required open space with grass or ground cover, other than a court, unoccupied and unobstructed by a structure, or portion of a structure, from 30 inches above the general ground level of the upgraded lot upward; provided, however, that fences, walls, hedges, poles, posts, children's play equipment and other customary yard accessories, ornaments, statuary and furniture may be permitted in any yard subject to height limitations and requirements limiting obstructions to visibility.

Yard, Rear:

□

A yard extending across the rear of the lot between inner side yard lines. In the case of double-frontage lots, there will be no rear yards, but only front and side yards.

□

Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

Yard, Side:

□

A side yard extending from the interior (rear) line of the required front yard to the rear lot line, or, in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of double-frontage lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after front yards have been established on both frontages shall be considered side yards.

□

Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Zoning: The delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings.