A.

Generally.

(1)

In the interpretation and application of this code, all provisions shall be:

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the city; and

(c)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(2)

More specific provisions of this code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

B.

Specifically. The language of this code shall be interpreted according to the following rules, unless that interpretation would be inconsistent with the manifest intent of the City Commission.

(1)

Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

(2)

Delegation of authority. Whenever a provision appears requiring some city officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to subordinates to perform the required act or duty unless the terms of the provision specify otherwise.

(3)

Gender. Words importing the masculine gender shall be construed to include the feminine.

(4)

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing.

(5)

Shall; may. The word "shall" is mandatory; "may" is permissive.

(6)

Tense. Words used in the past or present tense include the future as well as the past or present.

(7)

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

(8)

Year. The word "year" shall mean a calendar year, unless otherwise indicated.

(9)

Day. The word "day" shall mean a calendar day, unless a working day is indicated.

(10)

Planning Official. The term "Planning Official" used anywhere within this code shall refer to the City Administrator or other individual(s) so designated by the Administrator to act in this capacity on his or her behalf.

(Amended 11-15-2004 by Ord. No. 2004-11, § 1; amended 6-22-2015 by Ord. No. 2015-10, § 1; amended 6-20-2022 by Ord. No. 2022-03, § 1)

Editor's note— Amended at time of adoption of code (see Ch. 1, General Provisions, Art. II).

Unless specifically defined below, or in the specific article in which they appear, words or phrases used in this code shall be ascribed the meanings which they have in common usage and which give this code its most reasonable application. One or more concept or thing may be referred to by different names throughout this code. It should not be assumed that because one concept or thing may have different names that it is a separate concept or thing unless that is the most reasonable interpretation.

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

The word "used" or "occupied" includes the words "intended," "designed," or "arranged to be used or occupied."

The word "structure" includes the word "building," as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground.

The word "land" includes the words "water," "marsh," or "swamp."

ABANDON — To discontinue a use for more than 90 consecutive days.

ABANDONED SIGN OR SIGN STRUCTURE — A sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of three months or longer. The following conditions shall be considered as the failure to operate or maintain a sign:

A.

Sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed; or

B.

Sign which is blank.

ACCESS — A way or means of approach to provide physical entrance to a property.

ACCESSORY STRUCTURE — A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

ACCESSORY USE — A use which is customarily associated with and subordinate in area, extent and purpose to the principal use of the property and located on the same lot as the principal use.

ADVERTISING — Sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, service, commodity, entertainment or real or personal property.

ALTERATION — Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

ANCILLARY NONRESIDENTIAL USE — Off-street parking, drainage retention areas and open space buffer areas for adjacent contiguous, nonresidential uses.

ANIMATED SIGN — A sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs using electronic ink, signs set in motion by movement of the atmosphere, or made up of a series of sections that turn, including any type of screen using animated or scrolling displays, such as an LED (light emitting diode) screen or any other type of video display, even if the message is stationary.

APPROVED PLAN — A plan which has been granted final approval by the appropriate approving authority.

APPURTENANT STRUCTURE — A structure which is on the same parcel of property as the principal structure to be insured under the federal flood insurance program and where the use is incidental to the use of the principal structure.

ARCHITECTURAL DETAIL — Any projection, relief, change of material, window or door opening, exterior lighting, inlay, or other exterior building features not specifically classified as a sign. The term includes, but is not limited to, relief or inlay features or patterns that distinguish window or door openings, exterior lighting that frames building features, and changes in facade materials to create an architectural effect.

AREA OF SPECIAL FLOOD HAZARD — Includes:

A.

All areas designated on a Flood Hazard Boundary Map as Zone A or a Flood Insurance Rate Map as Zones A, AO, AH, A1-A30, AE, A99, VO or V1-V30, VE or V. The relevant Flood Hazard Boundary Map and Flood Insurance Rate Maps, and any revisions thereto, are adopted by reference and declared to be a part of this code.

B.

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

ARTWORK — A two-dimensional or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed. All outdoor artwork shall conform to the maximum height and size restrictions in any particular zone in which it is located. All outdoor artwork shall also conform to any applicable building and safety standards.

ATTACHED SIGN — Means any sign attached to, on, or supported by any part of a building (e.g., walls, awning, windows, or canopy), which encloses or covers useable space.

BACKLOGGED ROADWAYS — Roads not designated as constrained that are operating at peak hour level of service E or F and/or a volume-to-capacity of 0.9 or higher and that are not programmed for construction in the first three years of either the department of transportation's adopted work program or the five-year schedule of improvements within the city capital improvements element.

BANNER — A temporary sign made of wind and weather resistant cloth or other lightweight material, intended to hang either with or without frames or in some other manner as not to be wind activated, and possessing characters, letters, illustrations, or ornamentations applied to paper, plastic or fabric of any kind. Flags shall not be considered banners for the purpose of this definition.

BAR — A counter or other facility, whether an integral part of a restaurant or other business establishment or whether conducted as the only aspect of a particular business, where alcoholic beverages of any description may be served and/or consumed by the public.

BASE FLOOD — The flood having a one percent chance of being equaled or exceeded in any given year.

BASEMENT — That portion of a building having its floor below ground level on all sides.

BEACON — A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which has the effect of attracting or diverting attention, except, however, this term does not include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or other similar agency. This definition does not apply to any similar type of lighting device contained entirely within a structure and which does not project light to the exterior of the structure.

BENCH ADVERTISING SIGN — An advertising sign appearing on a bench or on or adjacent to a public right-of-way.

BENEFICIAL FUNCTIONS OF A PROTECTED ENVIRONMENTALLY SENSITIVE AREA — Those functions, described in the Conservation and Coastal Management Element of the Comprehensive Plan, that justify designating an area as environmentally sensitive.

BILLBOARD — A sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located.

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

BUILDING — Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

BUILDING COVERAGE — The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

BUILDING HEIGHT — The vertical dimension of a building measured from the average existing property grade level at structure location to the top ridge or uppermost part of the roof, excluding the chimney and other projections of ornamental nature. "Average existing property grade level" shall mean the ground level of the area encompassed by the footprint of the structure, as determined by the highest point added to the lowest point divided by two. Measurements shall be made prior to any fill or regrading of the property that would increase the property grade level at structure location. The filling or regrading of the property shall not act to increase the allowable building height on the property that would otherwise have been permissible prior to such fill or regrading occurring.

BUILDING LINE — A line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the land use district in which the lot is located.

BUILDING PERMIT — Written permission issued by the designated official for the construction, repair, alteration or addition to a structure.

BUS SHELTER ADVERTISING SIGN — An advertising sign appearing on a bus shelter or on or adjacent to a public right-of-way.

BUS STOP INFORMATIONAL SIGN — A freestanding or attached noncommercial sign located at a bus stop and providing information as to the route, hours or times of service.

CERTIFICATE OF COMPLIANCE — A certificate issued certifying that a development has been completed in conformity with the development plan or construction permit under which the development was authorized.

CITY COMMISSION'S DESIGNEE - As used in the Sign Regulations under Article XVIII, City Commission's designee shall mean the individual designated by the City Commission to administer the provisions of the Sign Regulation Article of the Land Development code of the City of Belleair Bluffs.

CLEARING — The removal of trees and brush from the land, not including the ordinary mowing of grass and trimming of bushes and trees.

CLINIC, OUTPATIENT — A facility wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists or other professionals, providing services which may lawfully be practiced in the State of Florida, and which facility provides no inpatient boarding facilities.

COASTAL HIGH-HAZARD AREA — All areas designated on a Flood Insurance Rate Map as V1-V30, VE or V.

COMMERCIALLY DEVELOPED PARCEL — A parcel of property on which there is at least one walled and roofed structure used or designed to be used for other than residential or agricultural purposes.

COMMERCIAL MESSAGE — Any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.

COMPREHENSIVE PLAN — The City Comprehensive Plan adopted pursuant to the requirements of Chapter 163 of the Florida Statutes.

CONCURRENCY — The necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur.

CONCURRENCY MANAGEMENT CORRIDOR — Road corridors designated as constrained, congestion containment, or long-term concurrency management.

CONCURRENCY MANAGEMENT MONITORING SYSTEM — The data collection, processing and analysis performed by the city to determine levels of service for public facilities and services. Data maintained by the concurrency management monitoring system shall be the most current information available to the city.

CONCURRENCY MANAGEMENT SYSTEM — The procedure and process that the city utilizes to ensure that development orders and permits issued by the city shall not result in an unacceptable degradation of the adopted level of service adopted in the city comprehensive plan.

CONDITIONAL USE — A specific use or activity that is not permitted "by right" in a zoning district, but may be permissible when additional standards are met to ensure that the use is compatible with the uses and character of the district.

CONDOMINIUM — A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional undivided basis.

CONGESTION CONTAINMENT CORRIDOR — These include roads that operate with deficient levels of service where improvements may be planned or scheduled, beyond the next three years, to alleviate the substandard LOS conditions.

CONSTRAINED ROADWAY — A roadway, regardless of transportation needs, which is constrained from adding additional capacity. A roadway may be physically constrained or policy constrained. Physical barriers occur when intensive land use development is immediately adjacent to highways making roadway expansion cost-prohibitive, or when a facility has reached the maximum through-lane standards. Policy barriers are based on concerns about the impacts of roadway expansion on the environment, neighborhoods and/or local communities. Constrained facilities may be more specifically defined through subsequent amendments to the Belleair Bluffs code or the concurrency test statement.

CONSTRUCTION SIGN — A temporary on-premises sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, and containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site. Construction signs shall not exceed three square feet in sign area, and three feet in height for residential properties, and 16 square feet in sign area, and six feet in height for nonresidential properties.

COPY — The linguistic or graphic content of a sign.

CURRENTLY AVAILABLE REVENUE SOURCES — An existing source and amount of revenue available to the city.

CROWN — The main mass of branching of a plant above the ground.

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

DEED RESTRICTIONS — Those rules, regulations, covenants and reservations which run with the land, tract or parcel as created by the owners of the property and as appear as a matter of public record duly recorded at the courthouse in Pinellas County, Florida. "Deed restrictions" are not enforceable pursuant to the terms of this code. Any such "deed restrictions" known to exist by the city may be pointed out to an applicant in connection with any application for a permit as may be applicable.

DEFICIENT FACILITY — A road operating below the adopted level of service standard. Deficient facilities operate at level of service E and F and/or a volume-to-capacity (v/c) ratio of 0.9 or higher.

DEMOLITION — The tearing down or razing of 25 percent or more of a structure's external walls.

DENSITY — The measure of permitted residential development expressed as a maximum number of dwelling units per gross land area.

DETENTION — The collection and storage of surface water for subsequent gradual discharge.

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

DEVELOPMENT or DEVELOPMENT ACTIVITY — Any of the following activities:

A.

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

B.

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

C.

Subdividing land into two or more parcels.

D.

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

E.

Erection of a sign for which authorization is required under this code.

F.

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

G.

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

H.

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

DOUBLE-FACED SIGN — A sign which has two display surfaces backed against the same background, one face of which is designed to be seen from one direction and the other from the opposite direction, every point on which face being either in contact with the other face or in contact with the same background.

DRIP LINE — The outermost perimeter of the crown of a plant as projected vertically to the ground.

DUPLEX — A building designed for and occupied exclusively as a residence of not more than two families, each living as an independent housekeeping unit.

DWELLING — Any building or portion thereof in which a family lives or resides.

DWELLING, MULTIPLE — A building designed for or occupied exclusively by four or more families in four or more dwelling units attached to each other.

DWELLING, SINGLE-FAMILY — A building designed for or occupied exclusively by one family in one dwelling unit entirely separated from an adjacent building.

DWELLING, SINGLE-FAMILY ATTACHED — A building designed or occupied exclusively by one family in one dwelling unit which is attached or joined structurally or in any other way to another dwelling unit and which may be sold separately from other dwellings in the same structure, and includes townhouses, row houses, patio houses and the like.

DWELLING, THREE-FAMILY — A building designed for or occupied exclusively by three families in three dwelling units attached to each other.

DWELLING, TWO-FAMILY — A building designed for or occupied exclusively by two families in two dwelling units attached to each other.

DWELLING UNIT — One dwelling located within a building or portion thereof forming a single habitable unit with facilities, including a kitchen and a bathroom, which are used or intended to be used for living, sleeping, cooking, eating and sanitary purposes.

ELECTION SIGN — A temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the city shall vote.

ELEVATION

A.

A vertical distance above or below a fixed reference level.

B.

A flat scale drawing of the front, rear or side of a building.

ERECT — To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any way bring into being or establish: but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.

EXISTING USE — The use of a lot or structure at the time of the enactment of a land use code.

FAMILY — One or more persons occupying a dwelling and living as a single housekeeping unit, all of whom or all but three of whom are related to each other by birth, adoption or marriage, as distinguished from residents occupying a boardinghouse, group home, residential center, rooming house, care unit, nursing home, hospital, clinic, motel or hotel, as herein defined.

FENCE — As defined in § 102-145.

FINANCIAL FEASIBILITY — According to Chapter 163, F.S., means that sufficient revenues are currently available or will be available from committed funding sources for the first three years, or will be available from committed or planned funding sources for years four and five, of a five-year capital improvement schedule for financing capital improvements, such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees, and developer contributions, which are adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted level-of-service standards are achieved and maintained within the period covered by the five-year schedule of capital improvements. The requirement that level of service standards be achieved and maintained shall not apply if the proportionate-share process set forth in F.S. § 163.3180(5)(a) is used.

FIXED AERIAL ADVERTISING SIGN — Any aerial advertising medium that is tethered to the ground.

FLAG — Any fabric, or similar material, or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity and which is not a banner.

FLAGPOLE — A pole on which to raise a flag.

FLASHING SIGN — A sign that permits light to be turned on or off intermittently more frequently than once per minute.

FLOOD or FLOODING — A temporary partial or complete inundation of normally dry land from the overflow of inland or tidal waters or from the unusual and rapid accumulation of runoff or surface waters from any source.

FLOOD HAZARD BOUNDARY MAP (FHBM) — The map issued by the Federal Emergency Management Agency, showing floodprone areas. Drawn from United States Geological Survey maps, it does not provide flood elevations and is intended to be used only until the Flood Insurance Rate Map is produced.

FLOOD INSURANCE RATE MAP — The Official Map issued by the Federal Emergency Management Agency, showing both the area of special flood hazard and the risk premium zones within the city.

FLOODPROOFED — Watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic loads and the effects of buoyancy.

FLOOD PROTECTION ELEVATION — The elevation of the base flood, plus one foot.

FLOOR AREA RATIO (FAR) — A ratio of square footage of gross floor area divided by the square footage of land area.

FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) means a statewide system of limited access facilities and controlled access facilities developed for high-speed and high-volume traffic movements and managed by FDOT to meet standards and criteria established for the FIHS.

FOOT-CANDLE — A unit of measure of luminosity of a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot.

FOOT LAMBERT — The centimeter gram second unit of brightness equal to the brightness of a perfectly diffused surface that radiates or reflects one lumen per square centimeter.

FREE EXPRESSION SIGN — A sign, not in excess of three square feet in size (area) and the top of the sign is not more than three feet off the ground if freestanding and communicating information or views of concern to the owner of the sign, or containing any other noncommercial message, that is otherwise lawful.

FRONTAGE — The length of the property line of any one parcel along a street on which it borders.

GARAGE OR YARD SALE OR GARAGE-YARD SIGN — Any on-site temporary sign pertaining to the sale of personal property in, at or upon any residentially zoned property located in the city. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or other offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, attic sale, rummage sale, patio sale, moving sale, or any similar designation.

GENERAL COMMERCIAL USE — A commercial or retail use providing for shopping center, gasoline service station, storage or warehouse, retail with drive-through window facilities and such like general merchandise uses as may be determined consistent with these uses by the City Commission.

GROSS LAND AREA — That total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way.

GROUND SIGN — Any sign which is supported by structures or supports in or upon the ground and independent of support from any building; a ground sign shall include any sign which is partially supported by structures or supports in or upon the ground and independent of support from any building.

HARMFUL TO MINORS

A.

With regard to sign content, any description or representation, in whatever form, of nudity, sexual conduct or sexual excitement, when it:

(1)

Predominantly appeals to the prurient, shameful or morbid interest of minors in sex;

(2)

Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and

(3)

Taken as a whole, lacks serious literary, artistic, political or scientific value.

B.

The term "harmful to minors" shall also include any nonerotic word or picture when it:

(1)

Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable for viewing by minors; and

(2)

Taken as a whole, lacks serious literary, artistic, political or scientific value.

HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface adjacent to the proposed walls of a structure.

HOLIDAY AND SEASONAL DECORATIONS — Decorations that pertain to legal or other recognized holidays or to a season of the year.

HOLOGRAPHIC DISPLAY SIGN — An advertising display that creates a three-dimensional image through projection, OLED (organic light emitting diode), or any similar technology.

IDENTIFICATION SIGN — Any structural device, display board, screen, surface, or wall with characters, letters or illustrations placed, by any method or means whatsoever, where the material displayed is used only to indicate to the public the legal or exact firm name or the character of the business carried on therein. Identification signs are subject to the size and height restrictions delineated elsewhere in this code. An identification sign is differentiated from a directory sign in that the identification sign identifies the occupant or use of an individual address or business premises. Individual addresses or business premises may have both an identification sign and a directory sign.

ILLUMINATED SIGN — Any sign or portion thereof which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light (including but not limited to plasma or laser), whether or not the source of light is directly affixed as part of the sign, and shall also include signs with reflectors that depend upon sunlight or automobile headlights for an image.

IMPERVIOUS SURFACE — A surface covered by an impermeable, nonporous material, including but not limited to concrete, asphalt, wood, metal, plastic, fiberglass and compacted clay.

IMPERVIOUS SURFACE RATIO (ISR) — A measure of the intensity of hard-surfaced development on a site. An "impervious surface ratio" is the relationship between the total impervious surface area on a site and the gross land area. The "ISR" is calculated by dividing the square footage of the area of all impervious surfaces on the site by the square footage of the gross land area.

INDIRECTLY ILLUMINATED SIGN — Any sign, the facing of which reflects light from a source intentionally directed upon it.

INTERNALLY ILLUMINATED SIGN — Any sign which has the source of light entirely enclosed within the sign not visible to the eye.

LED SIGN — Any sign or portion thereof that uses light emitting diode technology or other similar semiconductor technology to produce an illuminated image, picture, or message of any kind whether the image, picture, or message is moving or stationary. This type of sign includes any sign that uses LED technology of any kind whether conventional (using discrete LEDs), surface mounted (otherwise known as individually mounted LEDs), transmissive, organic light emitting diodes (OLED), light emitting polymer (LEP), organic electro luminescence (OEL), or any similar technology.

LEVEL OF SERVICE (LOS) — A measure of performance and/or of demand versus available capacity of public services and facilities. Regarding roadways, LOS is based primarily on travel speeds on a scale of A through F. Roads operating at LOS A are at optimum efficiency with the lower grade roads reflecting travel conditions that are progressively worse. For the purposes of the city and the county concurrency management system, LOS reported for roadways is based on peak hour conditions. Level of service E and F roads and/or roads with a volume-to-capacity (v/c) ratio of 0.9 or more are operating below the adopted level of service standard established in the comprehensive plan and the concurrency test statement.

LICENSE, BEVERAGE — Any of the many forms of licenses available through the auspices of the State of Florida as may pertain to the dispensing of alcoholic beverages for consumption either off or on the premises, as may be further herein described, and in accordance with applicable Florida Statutes pertaining to alcoholic beverages.

LIVING AREA, RESIDENTIAL

A.

The actual floor area, as measured in square feet, of any residential structure, including any areas designed and built for year-round habitation.

B.

This term shall not include garages, screened or opened porches, breezeways, terraces, stoops, carports, patios or utility storage areas.

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 a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

LONG-TERM CONCURRENCY MANAGEMENT CORRIDOR — A road designated for application of long-term concurrency management provisions which are designed to correct existing level of service deficiencies over a planning period of up to 15 years through the establishment of priorities, implementation of a long-term schedule of capital improvements and through commitment of local resources, such as earmarked impact fee revenues, intended to reduce backlogged conditions.

LOT — A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law to be used, developed or built upon as a unit.

LOT, CORNER — A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.

LOT COVERAGE — That portion of the lot that is covered by buildings and structures.

LOT DEPTH — The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. No lot shall have a depth of less than that required by the respective land use district and in no case shall the depth be less than that required to satisfy the square footage requirements established by the land use district.

LOT WIDTH — The horizontal distance between the side lot lines measured at the front building setback line. No lot shall have less than the minimum mean width that will satisfy the minimum lot frontages and square footage requirements as established by the land use ordinance and in no case shall the frontage upon a public street be reduced below 35 feet.

LOWEST FLOOR — The lowest enclosed floor of a structure, including a basement, but not including the floor of an area enclosed only with insect screening, wood lattice or breaking walls as permitted by the flood damage prevention regulations in this code.

MACHINERY AND EQUIPMENT SIGNS — Any sign that is integral to the machinery or equipment and that identifies the manufacturer of the machinery or equipment that is placed on the machinery or equipment at the factory at the time of manufacture.

MAINTENANCE — The repairing or repainting of a portion of a sign or sign structure, periodically changing changeable copy, or renewing copy, which has been made unusable by ordinary wear.

MANGROVE — Rooted trees and seedlings of the following species, but only when having a coastal or estuarine association:

A.

Red mangrove (Rhizophora mangle).

B.

White mangrove (Laguncularia racemosa).

C.

Black mangrove (Avicennia germinans).

D.

Buttonwood mangrove (Conocarpus erecta).

MANGROVE STAND — An assemblage of one or more of the following species: black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood mangrove (Conocarpus erecta).

MANUFACTURED HOME

A.

A structure, transportable in one or more sections, which is built on a permanent chassis, designed to be used with or without a permanent foundation and connected to the required utilities.

B.

The term also includes park trailers, travel trailers and similar transportable structures placed in use (other than for sale) on a site for 180 consecutive days or longer.

MARQUEE — Any permanent wall or roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

MARQUEE SIGN — Any sign attached to a marquee.

MEAN SEA LEVEL — The average height of the sea for all stages of the tide. For purposes of this code, the term is synonymous with National Geodetic Vertical Datum (NGVD).

MENU DISPLAY SIGN — A fully enclosed or otherwise protected from the elements sign structure, including but not limited to a box, shadow box or cabinet, attached to a wall or freestanding, which is used solely for the purpose of displaying restaurant menus. A menu display sign may be used for a restaurant without drive-through service and for transient lodging facilities which have restaurant facilities open to the general public in addition to the registered guests. Menu display sign structures shall be limited to one per establishment.

MENU SIGN, DRIVE-IN — An attached sign that is located at each drive-in stall or bay of a restaurant and which may provide a mechanism for ordering the products while viewing the sign.

MENU SIGN, DRIVE-THROUGH — A sign placed so as to be viewed from a drive-through lane and which contains only a listing of the products, with prices, offered for sale by the restaurant where the sign is located and which may provide a mechanism for ordering the products while viewing the sign.

NAMEPLATE SIGN OR OCCUPANT IDENTIFICATION SIGN — An attached wall sign indicating the name and/or profession or address of a person or persons residing on the premises where the sign is located or legally occupying the premises where the sign is located.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) — This stormwater program regulates point source discharges of stormwater into surface waters of the State of Florida from municipal, industrial and construction activities

State Law reference— Similar provisions, F.S. § 403.0885.

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

NEW CONSTRUCTION — For purposes of the flood damage prevention regulations in this code, structures or substantial improvements for which the start of construction occurred on or after the effective date of this code, and any alteration, repair, reconstruction or improvements to a structure which is in compliance with the flood damage prevention regulations in this code.

NONCOMMERCIAL MESSAGE — Any message which is not a commercial message.

NONCONFORMING SIGN — A sign which does not conform with the regulations contained in this code.

NONCONFORMING STRUCTURES — Existing buildings or structures which do not meet required limitations such as off-street parking and loading regulations, height regulations, area regulations, residential floor area regulations, sign regulations, or other applicable regulations for the district in which they are located.

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

OCCUPANCY PERMIT — A required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of this code.

OFFICE USE — A profession or business office use, conducted entirely within a building, providing primarily a professional service, such as medical, legal, design or financial services and such like office use as may be determined consistent with these uses by the City Commission; and not involving the sale of merchandise.

OFF-SITE PERMANENT MONUMENT IDENTIFICATION SIGN — A permanent monument sign that identifies a residential or commercial subdivision, office park, shopping center, industrial subdivision, or industrial park, located within 100 feet of the location of such sign, and that contains no other copy other than the identification of such development. This sign-type shall not be considered a billboard.

ON-PREMISES SIGN OR ON-SITE SIGN — Any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which it is located.

ORNAMENTAL FLAG — Any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.

OWNER (for purposes of the Belleair Bluffs Sign Regulations) — The land owner.

OWNER — The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

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

PERMANENT — Designed, constructed and intended for more than short-term use.

PENNANT — Any series of small flag-like or streamer-like pieces of cloth, plastic, paper or similar material attached in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely.

PERMANENT SIGN — Any sign which, when installed, is intended for permanent use. For the purposes of this division, any sign with an intended use in excess of three months from the date of installation shall be deemed a permanent sign unless otherwise indicated elsewhere in this code.

PERMIT HOLDER — The person in legal possession of any permit required under this code.

PERSON — The word "person" shall include and be applied to associations, clubs, societies, firms, partnerships and bodies public and corporate, as well as to individuals.

PERSONAL SERVICE USE — A personal or business service use, conducted entirely within a building, providing primarily a business service, such as beauty, hair, tailor, shoe repair, dry cleaning/laundry (collection and distribution only) and such like business and office support uses as may be determined consistent with these uses by the City Commission; and not involving the sale of merchandise except as may be entirely incidental and secondary to the personal or business service use.

PLAT

A.

A map representing a tract of land, showing the boundaries and location of individual properties and streets.

B.

A map of subdivision or site plan.

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

PORTABLE ON-DEMAND STORAGE — The term "portable on-demand storage structures" shall be defined to be: Any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.

PORTABLE SIGN — Any sign, banner, or poster that is not permanently attached to the ground or to a structure that is attached to the ground. For purposes of this division, a cold air inflatable sign shall be considered to be a portable sign.

PROJECTING SIGN — Any sign affixed perpendicular to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

PROPORTIONATE FAIR SHARE — A provision that allows for development projects to mitigate their impacts through "fair-share" contributions to facilities identified for capacity improvements in the capital improvements element.

PROTECTED ENVIRONMENTALLY SENSITIVE AREA — An environmentally sensitive area designated for protection in the Conservation and Coastal Management Element of the City Comprehensive Plan.

PUBLIC FACILITIES AND SERVICES — Those necessary public facilities and services covered by a comprehensive plan element for which level of service standards have been adopted by the city. The necessary public facilities and services are: roads, sanitary sewer, solid waste, drainage, potable water, recreation, and mass transit.

PUBLIC/SEMIPUBLIC USES — Those primary and secondary uses listed under the Institutional District Category.

RECREATIONAL VEHICLE — Includes the following types of vehicles:

A.

TRAVEL TRAILER — A vehicular, portable structure built on a chassis and towed by a motor vehicle, designed to be used as a temporary dwelling for travel, recreation and vacation uses, permanently identified as a "travel trailer" by the manufacturer on the trailer and, when factory-equipped for the road, having a body width not exceeding eight feet and a body length not exceeding 32 feet.

B.

PICKUP COACH — A structure designed to be mounted on a truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation uses.

C.

MOTOR HOME — A portable temporary dwelling to be used for travel, recreation and vacation uses, constructed as an integral part of a self-propelled vehicle.

D.

CAMPING TRAILER — A collapsible temporary dwelling covered with a water-repellent fabric, mounted on wheels and designed for travel, recreation and vacation uses.

E.

AUTO CAMPER — A lightweight collapsible unit that fits on top of an automobile and into the trunk with the cover removed and designed for travel, recreation and vacation uses.

F.

BOAT — Any watercraft, whether situated in or located out of water or affixed to, resting upon or temporarily located upon, in any fashion, a trailer or other conveyance for means of transporting it from one place to another.

REGULATORY FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be unobstructed in order to discharge the base flood without increasing the water surface elevation of that flood more than one foot at any point.

RESTAURANT — A public eating establishment where meals are prepared or sold on the premises from a completely enclosed building in allowable land use categories and where at least 20 seats are provided on site for customers.

RETAIL USE — A business use, conducted entirely within a building, providing for the sale or rental of goods, products, materials or services, such as grocery, restaurant, hardware, clothing, art and specialty goods, laundry and dry cleaning services and such like retail and service uses as may be determined consistent with these uses by the City Commission; and not including any use specifically prohibited in a given land use district.

RETENTION — The collection and storage of runoff without subsequent discharge to surface waters.

REVOLVING SIGN OR ROTATING SIGN — Any sign that revolves or rotates.

RIGHT-OF-WAY — The area of a highway, road, street, alley or traveled roadway reserved for public use, whether established by prescription, dedication, gift, purchase, eminent domain or any other legal means, and whether title thereto may be vested in a municipal, county or state authority or private individual.

RIPARIAN RIGHTS — The rights of owners of lands on the banks of watercourses, relating to the water and its use.

ROOFLINE — A horizontal line intersecting the highest point or points of a roof.

SAFETY SIGN — SEE WARNING SIGN.

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

SHOPPING CENTER — A group or grouping of retail stores erected upon a tract, parcel, lot or contiguous grouping of lots.

SIGHT VISIBILITY TRIANGLE — A triangular shaped portion of land established at street intersections or driveway and 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. The sight visibility triangle is an area created by measuring a distance of 15 feet along the right-of-way line (property line) from the point of the intersection of two adjacent right-of-way lines and connecting the terminus of the two 15-foot right-of-way lines.

SIGN — Any surface, fabric, device or display which bears lettered, pictorial or sculptured matter, including forms shaped to resemble any human, animal or product, designed to convey information to the public and which is not artwork as defined herein or architectural detail as defined herein. For the purposes of these regulations, the term "sign" shall include all structural members. A sign shall be construed to be a display surface or device containing organized and related elements composed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign. In the case of a permanent sign made of any fabric or other nonrigid material the sign shall conform to each specification for such signs found elsewhere in the code.

SIGNABLE AREA — The total surface area on a single plane of a wall or window, or similar structure, or a building facade where a sign may be located under this code.

SIGNABLE AREA, WALL — For purposes of determining the maximum size (area) allowed for a wall sign, signable wall area is the continuous portion of a single plane of wall surface that is unbroken by doors, windows, or openings.

SIGN AREA — That area enclosed by one continuous line, connecting the extreme points or edges of a sign. This shall be determined by using the largest area of outline visible at any one time from any one point. This does not include the main supporting sign structure, but includes all other ornamental attachments, connecting links, etc., which are not a part of the main supports of the sign.

SIGN, FACE — the part of the sign, including trim and background, that is or can be used to identify, display, advertise, communicate information, or for visual representation which attracts or intends to attract the attention of the public for any purpose.

SIGNIFICANT ADVERSE EFFECT — Any modification, alteration or effect upon a protected environmentally sensitive area which measurably reduces the area's beneficial functions as delineated in the Conservation and Coastal Management Element of the City Comprehensive Plan.

SITE — Generally, any tract, lot or parcel of land or combination of tracts, lots or parcels of land that are in one ownership or in diverse ownership but contiguous, and which are to be developed as a single unit, subdivision or project.

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

STATUTORY SIGN — A sign required by any statute of the State of Florida or the United States.

STREET ADDRESS SIGN — Any sign denoting the street address of the premises on which it is attached or located.

STORMWATER — The flow of water which results from and that occurs immediately following a rainfall.

STORMWATER MAINTENANCE — That action taken to restore or preserve the original design and function of any stormwater management system.

STORMWATER MANAGEMENT SYSTEM — The system or combination of systems designed to treat stormwater or to collect, convey, channel, hold, inhibit or divert the movement of stormwater on, through and from a site.

STORMWATER RUNOFF — That portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system.

STREET — A public or private right-of-way for vehicular traffic, including highways, thoroughfares, lanes, roads, ways and boulevards.

STRUCTURE — Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. Structure also includes freestanding signs, antennae and radio towers.

STRUCTURE, TEMPORARY — Any structure built to serve a use temporarily, such as a field or sales office, or contractor's office.

SUBDIVISION — The division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

SUBSTANTIAL IMPROVEMENT — Any combination of repairs, reconstruction, alteration or improvements to a structure taking place during a one-year period in which the cumulative cost equals or exceeds 50 percent of the market value of the structure. The "market value of the structure" is the appraised value of the structure prior to the start of the initial repair or improvement or, in the case of damage, the value of the structure prior to the occurrence of the damage. For the purposes of this definition, "substantial improvement" occurs when the first alteration of any wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any improvement of a structure to comply with existing health, sanitary or safety codes.

SURFACE WATER — Water above the surface of the ground, whether or not flowing through definite channels, including the following:

A.

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

B.

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

C.

Any wetland.

TEMPORARY — Designed, constructed and intended to be used on a short-term basis.

TOWNHOUSE — A single-family dwelling that is attached to one or more single-family dwelling or dwellings by a common wall or walls, with each dwelling unit located on its own parcel of land.

TRAFFIC CONTROL DEVICE SIGN — Any sign located within the right-of-way that is used as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. A Traffic Control Device Sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).

TRANSPORTATION CORRIDOR — The area within one-half mile of the centerline and within a one-half mile arc radius beyond the terminus of the road segment centerline, and includes properties that are subject to at least one of the following conditions:

A.

Sole direct access. A condition where the only means of site ingress/egress is directly onto the road facility, regardless of the distance of that site from the facility.

B.

Direct access. A condition in which one or more existing or potential site ingress/egress points makes a direct connection to the road facility and the site is within one-half mile of the road facility.

C.

Sole indirect access. A condition where the only point of site ingress/egress is onto a public non-arterial roadway which makes its first and shortest arterial level connection onto a road facility regardless of the distance of that site from the facility. This definition is subject to change by amendment upon review of anticipated traffic analysis consistent with the comprehensive plan and procedures.

TRANSPORTATION CONCURRENCY — Transportation facilities needed to serve new development shall be in place or under actual construction within three years after the local government approves a building permit or its functional equivalent that results in traffic generation.

TRANSPORTATION CONCURRENCY MANAGEMENT AREA — A compact geographic area with existing or proposed multiple viable alternative travel paths or modes for common trips. An area-wide level of service standard may be established for specified facilities, and must be maintained, as a basis for the issuance of development orders and permits within one or more designated concurrency management areas.

TRANSPORTATION MANAGEMENT PLAN — As developed by an applicant representing a proposed development, is submitted in conjunction with individual site plans seeking to utilize transportation management strategies to mitigate development impacts, protect roadway capacity and to increase mobility. These strategies include, but are not limited to, density/intensity reductions, project phasing, access controls, capital improvements and/or incentives encouraging mass transit, bicycle or pedestrian travel, ride-sharing or roadway improvements.

TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP) — A funding program created to improve regionally significant transportation facilities in regional transportation areas. State funds are available throughout Florida to provide incentives for local governments and the private sector to help pay for critically needed projects that benefit regional travel and commerce.

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

TRIPLEX — A building designed for and occupied exclusively as a residence of not more than three families, each living as an independent housekeeping unit.

UMBRELLA SIGN — A sign printed on umbrellas used for legal outdoor eating and drinking establishments, push-carts, sidewalk cafes and which is made of a lightweight fabric or similar material.

VEHICLE — As used in the Sign Regulations under Article XVIII, vehicle shall mean any boat, camper, automobile, motorcycle, motorized van, recreation vehicle, bicycle, truck, trailer, construction equipment and other such mobile equipment whose major purpose is other than the display of advertising. Vehicle shall include any device on or in which any person or property is or may be transported upon a roadway or right-of-way, except devices used exclusively on stationary rails or tracks.

VEHICLE SIGN — Any sign or signs where the total sign area covers more than ten square feet of the vehicle.

VEHICLE USE AREA — An area used for circulation, parking and/or display of motorized vehicles, except junk or automobile salvage yards.

VESTED RIGHT — A right is vested when it has become absolute and fixed and cannot be defeated or denied by subsequent conditions or change in regulations, unless it is taken and paid for. There is no vested right to an existing zoning classification or to have zoning remain the same forever. However, once development has been started or has been completed, there is a right to maintain that particular use regardless of the classification given the property. There can be no vested right in a sign permit if a sign permit is applied for under a sign ordinance that is later partially or wholly adjudicated to be unconstitutional by a court of competent jurisdiction.

VOLUME-TO-CAPACITY (V/C) RATIO — The rate of traffic flow of an intersection approach or group of lanes during a specific time interval divided by the capacity of the approach or group of lanes. Volume-to-capacity ratios provide a measure of traffic congestion and are utilized in the concurrency management system to identify congested road segments and to minimize the transportation impacts of development projects that affect them.

WALL SIGN — A sign which is fastened or affixed to the wall of a building with its face in a parallel plane with the plane of the building facade or wall.

WALL WRAP SIGN — A sign composed of fabric, plastic, vinyl, mylar or a similar material that drapes or hangs over the side of a building, wall or window. This sign type was the subject of the litigation in City of Philadelphia v. Berman, 863 A.2d 156 (Pa.Cmwlth. 2004) and Society Created To Reduce Urban Blight (SCRUB) v. Zoning Bd. Of Adjustment, 908 A.2d 967 (Pa.Cmwlth. 2006).

WARNING SIGN OR SAFETY SIGN — A sign which provides warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.)

WATER BODY — Any natural or artificial pond, lake, reservoir or other area with a discernible shoreline which ordinarily or intermittently contains water.

WATERCOURSE — Any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, banks or other discernible boundary.

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

WINDOWS — As used in the Sign Regulations under Article XVIII, [window] shall mean panels of transparent material surrounded by a framing structure and placed into the construction material comprising the building facade.

WINDOW SIGN — Any sign mounted or placed in any fashion on the interior or exterior of the surface of a window, and intended to be seen from the exterior.

WIND SIGN — A sign which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include, pennants, ribbons, spinners, streamers or captive balloons, however, the term wind sign shall not include flags.

YARD — An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such "yard" is unoccupied and unobstructed from the ground upward, except as may be specifically permitted in this code.

YARD, FRONT — A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. Such "front yard" is unoccupied and unobstructed from the ground upward, except as may be permitted in this code.

YARD LINE — A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard.

YARD, REAR — A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Such "rear yard" is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this code.

YARD, SIDE — A space extending from the front yard to the rear yard between the principal building and the side lot line, measured perpendicular from the side lot line to the closest point of the principal building. Such "side yard" is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this code.

Editor's note— The definitions of the following terms were deleted 3-15-1993 by Ord. No. 93-2:

(Amended 10-19-1992 by Ord. No. 92-9; amended 3-15-1993 by Ord. No. 93-2; amended 2-22-2000 by Ord. No. 99-5; amended 11-21-05 by Ord. No. 2005-21, § 1; amended 4-10-2006 by Ord. No. 2006-02, § 1; amended 1-16-2007 by Ord. No. 2006-08, § 1; amended 11-19-2007 by Ord. No. 2007-10; amended 7-21-2008 by Ord. No. 2008-03; amended 9-19-2011 by Ord. No. 2011-05, § 1; amended 6-22-2015 by Ord. No. 2015-09, §§ 3—5; amended 6-22-2015 by Ord. No. 2015-10, §§ 2—5; amended 2-12-2018 by Ord. No. 2018-01, § 5; amended 12-10-2018 by Ord. No. 2018-06, § 1; amended 9-20-2021 by Ord. No. 2021-16, § 5; amended 6-20-2022 by Ord. No. 2022-03, § 2)

Editor's note— Ord. No. 2018-01, § 6, adopted Feb. 12, 2018, repealed former § 102-10.1 which pertained to illustrations of types of signs and methods of measurement, and derived from Ord. No. 2008-03, § 1, adopted July 21, 2008.