The purpose of this chapter is to encourage and promote, in accordance with present and future needs, the safety, health, order, convenience, prosperity and general welfare of the citizens of Bonita Springs to recognize and promote real property rights, and to provide for efficiency and economy in the process of development, for the appropriate and best use of land, for preservation, protection, development and conservation of the historical and natural resources of land, water and air, for convenience of traffic and circulation of people and goods, for the use and occupancy of buildings, for healthful and convenient distribution of population, for adequate public utilities and facilities, for promotion of the amenities of beauty and visual interest, for protection of the character and maintenance of the stability of residential, agricultural, business and industrial areas, and for development in accordance with the Bonita Plan, by establishing zoning districts and by regulating the location and use of buildings, signs and other structures, water and land for agriculture, trade, industry and residence, by regulating and limiting or determining the height, bulk and access to light and air of buildings and structures, the area of yards and other open spaces and the density of use. To accomplish these objectives, the regulations and districts and accompanying maps have been designed with reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses.

(Ord. No. 11-02, § 3(4-1), 1-19-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting property, unless specifically stated otherwise within this chapter, means properties having a boundary line, or point or portion thereof, in common, with no intervening street right-of-way or easement, or any other easement over 25 feet in width.

Access, vehicular, means the principal means of vehicular ingress and egress to abutting property from a street right-of-way or easement.

Accessory building or structure. SeeBuilding or structure, accessory.

Accessory use. SeeUse, accessory.

Administrative office means an office which is customarily ancillary and subordinate to the permitted principal use of the property and which is used for clerical and administrative functions of the principal use. The term "administrative office" includes managers' or association offices for residential rental property, subdivisions, recreational vehicle parks and similar type activities.

Aggrieved person or party means anyone who has a legally recognizable interest which is or which may be adversely affected by an action of or an action requested of the city council or any other person or board that has been delegated such authority by the city council. Property owners within 375 feet of the subject property are presumed to have a legally recognizable interest. A person or entity claiming to be aggrieved, and whose property lies outside of the 375-foot perimeter, will be required to offer proof that their interests are adversely affected. A person or entity pursuing an appeal solely out of spite shall not be presumed to have a legally recognizable interest.

Agricultural uses includes, but is not limited to, farming, horticulture, pasturage, forestry, citrus and other fruit groves, greenhouses and nurseries, truck farms and dairy farms, commercial fish, frog or poultry hatcheries, and raising of hogs and other farm animals.

Aircraft landing facilities, private, means a facility, which may or may not be open to the public, whose primary purpose is to accommodate the takeoff and landing of noncommercial passenger aircraft.

Airport operations facilities includes all customary facilities for the operation of a major airport, as well as ancillary services such as, but not limited to, aircraft cleaning and janitorial service, aircraft servicing and repairing, aircraft storage, air freight handling, airline ticket counters or offices, airline catering services, airport terminal services, customs clearance, flying charter services, hangar operation, sightseeing airplane services and flight instruction schools.

Alter andalteration mean any change in size, shape, character or use of a building or structure.

Amateur radio antenna/tower means a structure erected and designed to receive or transmit radio waves by licensed amateur radio operators.

Amusement device means any mechanical device or combination of devices which carries or conveys passengers on, along, around, over or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure or excitement. This definition shall specifically include all amusement devices, amusement attractions and temporary structures regulated by F.S. ch. 616 and the state department of agriculture and consumer services.

Amusement device, permanent, means a device which is used, or intended to be used, as an amusement device or amusement attraction that is erected to remain a lasting part of the premises.

Amusement park means permanent establishments known as amusement parks, kiddie parks, theme parks, etc., which operate one or more amusement attractions, such as mechanical rides, amusement devices, exhibits and refreshment stands or picnic grounds, for a profit.

Animal clinic means an establishment providing for the diagnosis and treatment of ailments of animals other than humans, and which may include facilities for overnight care. See Animal kennel.

Animal kennel means an establishment where more than four dogs or cats (except litters of animals of not more than six months of age) are kept, raised, bred, cared for or boarded, for a fee.

Animals, Class I, means all animals described in F.S. § 379.3762(2)(a) and listed in F.A.C. 68A-6.002(1)(a).

Animals, Class II, means all animals described in F.S. § 379.3762(2)(b) and listed in F.A.C. 68A-6.002(1)(b).

Apparel, manufacturing. See section 4-408(c)(1).

Applicant means any individual, firm, association, syndicate, co-partnership, corporation, trust or other legal entity, or their duly authorized representative, commencing proceedings under this chapter.

Application, city initiated, means any application in which the city council is designated as the applicant, regardless of whether the city is the owner of the subject parcel.

Application, owner-initiated, means any application that is not city-initiated.

Application or appeal means any matter lying within the jurisdiction of staff or the zoning board and any application for rezoning which will be or is scheduled to be heard by the city council.

Approved discharge device means a device which is currently listed by the United States Coast Guard as an approved marine sanitation device.

Architect means a professional architect duly registered and licensed by the state.

Assisted living facilities (ALF) means a residential land use, licensed under F.A.C. ch. 58A-5, which may be a building, a section of a building, a section of a development, a private home, a special boarding home, a home for the aged or similar place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, housing and food service plus one or more personal services for four or more adults not related to the owner or administrator by blood or marriage. A facility offering services for fewer than four adults may be within the context of this definition if it advertises to or solicits the public for residents or referrals and holds itself out to the public as an establishment providing such services. These facilities are not synonymous with the term "nursing home." For purposes of this definition only, the term "personal services" means assistance with bathing, dressing, ambulation, housekeeping, supervision, emotional security, eating, supervision of self-administered medications, restoration therapy and assistance with securing health care from appropriate sources.

ATM or automatic teller machine means an unattended banking station located outside of or away from the principal bank building and in operation beyond normal lobby hours, operated by computerized equipment, and capable of carrying out specific banking transactions.

Authorized representative means any person who appears with the permission of and on behalf of another person and who provides legal argument or relevant competent evidence through testimony, submission of documents or otherwise.

Auto parts store means establishments primarily engaged in the retail sale of new or used automobile, truck, trailer or motorcycle parts and accessories. The term "auto parts store" does not include auto wrecking yards.

Auto wrecking yard means the dismantling, crushing, shredding or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. See Junkyard.

Automobile service station means an establishment primarily engaged in the retail sale of motor fuel or lubricants, but which may also include facilities for washing, polishing, waxing, greasing, tire repair (with no recapping or vulcanizing) and other minor incidental repairs, and emergency road service, including towing and emergency repairs and services; provided, however, such establishment is not primarily engaged in work or services listed as automotive repair and service (see section 4-408(c)(2)). See Self-service fuel pump station.

Automotive repair and service. See section 4-408(c)(2).

Banks and financial establishments. See section 4-408(c)(3).

Bar and cocktail lounge means any establishment devoted primarily to the retailing and on-premises drinking of malt, vinous or other alcoholic beverages.

Bed and breakfast establishment. For purposes of this chapter, bed and breakfast establishments shall be treated the same as a boardinghouse.

Boardinghouse means an establishment with lodging facilities for more than four but less than ten persons, where meals are regularly prepared and served for compensation, and where food is placed upon the table family style, without service or ordering of individual portions from a menu. See Roominghouse.

Boat means any vessel as defined in F.S. ch. 327.

Boat parts store means establishments primarily engaged in the retail sale of watercraft parts and accessories, excluding trailers, but not providing installation service. Establishments which provide installation service are listed as boat repair and service.

Boat repair and service means establishments primarily engaged in minor repair service to small watercraft, including the sale and installation of accessories.

Boatyard means a boating or harbor facility located on or having direct access to navigable water for building, maintaining and performing extensive repair on boats and small ships, marine engines and equipment. A boatyard shall be distinguished from a marina by the larger scale and greater extent of work done in a boatyard and by the use of dry dock, marine railway or large capacity lifts used to haul out boats for maintenance or repair. See Marina.

Bonita Beach means government lot 5, Section 24, Township 47 South, Range 24 East; government lot 1, Section 25, Township 47 South, Range 24 East; government lot 2, Section 30, Township 47 South, Range 25 East; and government lots 1, 2 and 3, Section 31, Township 47 South, Range 25 East, lying in the city, also described as that part of Little Hickory Island lying in the city.

Bonita Beach Road Corridor means all property located within the city fronting on Bonita Beach Road from the south end of Little Hickory Boulevard to the terminus of the city limits east of I-75 or as designated on the map in the Bonita Beach Road Corridor Study which is on file in the city clerk's office.

Bonita Plan means the current comprehensive plan, as adopted by Ordinance No. 02-12, and any amendments thereto or succeeding comprehensive plan which is in effect at the time a decision of any decision-maker described in this chapter is taken or rendered.

Building means any structure, either temporary or permanent, having a roof intended to be impervious to weather, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. The term "building" includes tents, awnings, cabanas or vehicles situated on private property and serving in any way the function of a building, but does not include screened enclosures not having a roof impervious to weather.

Building or structure, accessory, means a building or structure which is customarily incidental and subordinate to a principal building or to the principal use of the premises, and located on the same premises. See Building, principal.

Building, conventional, means:

(1)

A building, built upon the site and upon its own permanent foundation, constructed of basic materials such as wood, masonry or metal or minimally prefabricated components such as roof trusses, wall panels and bathroom/kitchen modules, and conformable to the locally adopted building, electrical, plumbing and other related codes; or

(2)

A building manufactured off the site in conformance with F.S. ch. 553, pt. IV (or F.A.C. ch. 9B-1), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate.

Building, height of, means the vertical distance measured from grade to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof, and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Where minimum floor elevations in floodprone areas have been established by law, the building height shall be measured from such required minimum floor elevations (see section 4-1871 et seq.).

Building materials, sales. See section 4-408(c)(4).

Building official means the person responsible for regulatory administration or supervision of plans review, enforcement, and inspection of any construction, erection, alteration, demolition, or substantial improvement of, or addition to, any structure for which permitting is required to indicate compliance with applicable codes and includes any duly authorized designee of such person.

Building, principal, means a building in which is conducted the main or principal use of the premises on which the building is situated.

Bus station/depot means a location where buses may stop to load or unload passengers, luggage or packages and where the sale of bus tickets may occur. Bus passengers, luggage or packages are not transferred to other buses from this location. A bus station/depot is not synonymous with a bus terminal and is not a bus stop.

Bus stop means a designated area where local buses stop to load and unload passengers along locally designated routes.

Bus terminal means any premises for the transient housing or parking of buses and where the loading and unloading of passengers, luggage or packages or the transfer of passengers, luggage or packages to other buses may occur.

Business office means office space for the conduct of commercial activities, excluding retail sales.

Business services. See section 4-408(c)(5).

Camera shop means an establishment primarily engaged in the retail sale of cameras, film and other photographic supplies and equipment. Establishments primarily engaged in finishing films are listed as photofinishing laboratories.

Car wash means establishments primarily engaged in washing cars or in furnishing facilities for the self-service washing of cars.

Carnival means an enterprise which travels from community to community, generally staying for ten days or less in any one location, and which offers one or more amusement devices or attractions.

Carport means a freestanding or attached structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Cemetery means an area of land set apart for the sole purpose of the burial of bodies of dead persons or animals and for the erection of customary markers, monuments and mausoleums.

Change of occupancy means the discontinuance of an existing use and the substitution therefor of a use of a different kind of class. The term "change of occupancy" is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

Chemicals and allied products. See section 4-408(c)(6).

Cleaning and maintenance services. See section 4-408(c)(7).

Clothing stores, general. See section 4-408(c)(8).

Clubs.

(1)

Club, commercial, means clubs which are owned by individuals and operated for a profit, such as tennis and racquetball clubs, golf clubs, etc.

(2)

Club, country, means a building and associated recreational facilities constructed in conjunction with a golf course (but not including the golf course itself), open only to members and their guests for a membership fee. Occasionally such facilities may be leased to outsiders for banquets, weddings, etc.

(3)

Club, fraternal, means a group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal membership requirements, and includes Knights of Columbus, Masons, Moose, Elks, etc.

(4)

Club, membership organization, means an organization operating on a membership basis with pre-established formal membership requirements and with the intent to promote the interests of its members, and includes trade associations, professional organizations, unions and similar political and religious organizations.

(5)

Club, private, means a group of people such as a homeowners' or condominium association organized for a common purpose to pursue common goals, interests or activities.

Cluster development means a site planning technique that concentrates two or more principal buildings, and land uses or intensities, in specific areas of a development in order to provide area for open space and buffering, for recreation and other common facilities, for surface water management, for the protection of environmentally sensitive land and water and other valuable natural resources, and to reduce the cost of roads and infrastructure.

Commercial fishery means land or structures used as a commercial establishment for the receiving, processing, packaging, storage and wholesale or retail distribution and sale of food products of the sea. Such land or structures may include facilities for the docking, loading and unloading, fueling, icing and provisioning of vessels and for the drying and maintenance and storage of nets, traps and buoys.

Communications facility, wireless, is defined in section 4-1216 under Wireless communication facilities.

Community residential home means a dwelling unit licensed to serve clients of the state department of health and rehabilitative services which provides a living environment for one to six unrelated residents who operate as the functional equivalent of a family, including such supervision and care by a supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. Residents include only aged persons as defined in F.S. § 400.618(3), as amended; physically disabled or handicapped persons as defined in F.S. § 760.22(7), as amended; developmentally disabled persons as defined in F.S. § 393.063(11), as amended; non-dangerous mentally ill persons as defined in F.S. § 394.455(3), as amended; or children as defined in F.S. §§ 39.01(8) and 39.01(10), as amended.

Compatible means, in describing the relation between two land uses, buildings or structures, or zoning districts, the state wherein those two things exhibit either a positive relationship based on fit, similarity or reciprocity of characteristics, or a neutral relationship based on a relative lack of conflict (actual or potential) or on a failure to communicate negative or harmful influences one to another.

Comprehensive plan means the document, and its amendments, adopted by the city council pursuant to F.S. ch. 163, for the orderly and balanced future economic, social, physical, environmental and fiscal development of the city. The terms "comprehensive plan" and "Bonita Plan" are synonymous.

Condominium means that form of ownership of property under which units or improvements are subject to ownership by one or more owners, and there is appurtenant to each unit or part thereof an undivided share in common elements.

Consultant means an architect, attorney, engineer, environmentalist, landscape architect, planner, surveyor or other person engaged by the developer or applicant.

Continuing care facility (CCF) means a facility, licensed under F.S. ch. 651, which must be developed as a planned development (PD), which undertakes through its ownership or management to provide housing and food service to adult residents. The facility must meet the criteria for exemption from the Fair Housing Act Amendments of 1988, Title VII USC.

Contractors and builders. See section 4-408(c)(9).

Controlled water depth means the vertical distance measured from the waterbody control elevation to the deepest point of the proposed waterbody.

Convenience food and beverage store means a store which specializes in convenience products and other commodities, which may have self-service fuel pumps (see definition of self-service fuel pumps), and which normally is open to the public beyond the normal sales hours of other retail stores.

Conversion means the changing of use or density.

Corner lot. SeeLot, corner.

Correctional facility, county, means a county-operated facility for incarceration of offenders, including detention centers and jails.

County coastal construction control line or zones. The county coastal construction control line or zones landward of the mean high water along the Gulf of Mexico are identified on the county coastal construction setback map which is on file at the department of community development.

Cultural facilities. See section 4-408(c)(10).

Current assessed value means the value of a building as shown in the most recent property tax records of the city. However, the property owner, at his cost, has the option of providing an independent appraisal to the county. The appraiser shall be selected by the city. If this method is used, the determination shall be binding on the property owner and the city, and at the option of the city property appraiser may be used as his official record for the valuation of the building.

Day care center, adult, means a facility or establishment which undertakes through its ownership or management to provide basic services such as, but not limited to, a protective setting, social or leisure time activities, self-care training or nutritional services to three or more adults not related by blood or marriage to the owner or operator, who require such services. The term "day care center, adult" does not include overnight care.

Day care center, child, means a facility or establishment which provides care, protection and supervision for six or more children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit. The term "day care center, child" does not include public or nonpublic schools which are in compliance with the Compulsory School Attendance Law, F.S. ch. 232. The term "day care center, child" is synonymous with the terms "preschool" and "nursery school."

Denial with prejudice means an action taken by a hearing board indicating that the request being acted upon is formally denied and shall not be resubmitted, except as provided for in section 4-200(a).

Denial without prejudice means an action taken by a hearing board indicating that the specific request being acted upon is formally denied but that the hearing board is willing to consider a modification of the request as set forth in section 4-200(b).

Density means an existing or projected relationship between numbers of dwelling units and land area. Refer to article VI, division 12, subdivision II, of this chapter, and article VI, division 19, of this chapter.

Department means the department of community development charged with the planning and administration of zoning for the city. As used in this chapter, the terms "department" and "division" are synonymous.

Department store means a departmentalized retail store, generally offering in one establishment, within each department, several lines and price and quality ranges of goods and services. Such an establishment is usually part of a chain store system, and may occupy a freestanding structure or occupy a space in a shopping center within which it usually functions as an attractor or anchor store.

Detrimental uses means the use of property for adult bookstores, adult exhibitions or massage parlors, defined in article VI, division 3, of this chapter.

Developer means any individual, firm, association, syndicate, copartnership, corporation, trust or other legal entity commencing development.

Development andto develop. The term "development" includes the construction of any new buildings or other structures on a lot, the relocation of any existing buildings, or the use of a tract of land for any new uses. The term "to develop" means to create a development.

Development of city impact (DCI) means a development which, because of its character, magnitude, location, size, timing, density or intensity would have a substantial effect upon the health, safety and welfare of the citizens of Bonita Springs or upon its natural resources. Developments of city impact are listed in section 4-195(b).

Development of regional impact (DRI) means any development which, because of its character, magnitude or location, would have a substantial effect upon the health, safety or welfare of citizens of more than one jurisdiction.

Development parcel means a parcel divided from an original (parent) development tract, defined by metes and bounds or by a subdivision plat, intended for conveyance to a party (developer) subsequent to the original developer, or withheld by the developer for development separately from other development parcels or the remainder of the original development tract being the principal product, together with some infrastructural support, of the original development activity.

Development perimeter means the exterior lot or property lines of the original (parent) tract of any development consisting of subdivided parcels or lots.

Deviation means a departure from a specific regulation of this chapter, when requested and approved by the city council as part of the application for a planned development. A deviation is not the same as a variance in that the criteria for granting a variance need not be met.

Director means the administrative director of the department of community development or his designee. As used in this chapter, the terms "division director," "department director" and "director" are synonymous.

District means any certain described area of the city to which this chapter applies and within which the zoning regulations are uniform.

Domestic tropical birds means birds not indigenous to the state or the United States that are commonly kept as pets in a home, including but not limited to canaries, finches, lovebirds, parrots, parakeets, cockatiels and mynah birds.

Dormitory includes residence halls, and means those facilities, used for housing students, which are owned and controlled by a public college or university and which are to be distinguished from hotels, motels, roominghouses and boardinghouses.

Double frontage lot means any lot, not a corner or through lot, having two or more property lines abutting to a street right-of-way or easement.

Drive-in theater means a place of outdoor assembly used for the showing of plays, operas, motion pictures and similar forms of entertainment which is designed to permit the audiences to view the performance from vehicles parked on the theater property.

Drive-through facility means an establishment where a patron is provided products or services without departing from his automotive vehicle or in which the patron may temporarily depart from his vehicle in a non-parking space while servicing it, such as a do-it-yourself car wash or fuel pump. The terms "drive-through," "drive-in" and "drive-up" are synonymous.

Drugstore means an establishment wherein the principal use is the dispensing of prescription and patent medicines and drugs and related products, but where nonmedical products such as greeting cards, magazines, cosmetics and photographic supplies may also be sold. The term "drugstore" includes the term "pharmacy."

Duplex. SeeDwelling unit, types.

Dwelling unit means a room or rooms connected together, which could constitute a separate, independent housekeeping establishment for a family, for owner occupancy, or for rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping and sanitary facilities and one kitchen. The term "dwelling unit" does not include rooms in hotels, motels or institutional facilities. See Housing unit and Living unit.

Dwelling unit, types.

(1)

Duplex means a single, freestanding, conventional building on a single lot, designed for two dwelling units under single ownership, or wherein each dwelling unit is separately owned or leased but the lot is held under common ownership.

(2)

Single-family residence means a single, freestanding, conventional building designed for one dwelling unit and which could be used for occupancy by one family.

(3)

Two-family attached means a single, freestanding, conventional building designed as two dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership.

(4)

Townhouse means a group of three or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another, and each unit is completely separated from any others by a rated firewall or a fire and sound resistant enclosed separation or space, and wherein each dwelling unit is on a separate lot under separate ownership.

(5)

Mobile home means a building, manufactured off the site in conformance with the Federal Mobile Home Construction and Safety Standards (24 CFR 3280 et seq.), subsequently transported to a site complete or in sections where it is emplaced and tied down in accordance with F.A.C. ch. 15C-1, with the distinct possibility of being relocated at a later date.

(6)

Multiple-family building means a group of three or more dwelling units within a single conventional building, attached side by side, or one above another, or both, and wherein each dwelling unit may be individually owned or leased but the land on which the building is located is under common or single ownership. Dwelling units, other than caretaker's quarters, which are included in a building which also contains permitted commercial uses shall also be deemed to be multiple-family dwelling units.

(7)

Zero lot line means a dwelling unit with at least one wall of a building on a side or rear line of the lot on which it stands.

Easement means a grant of a right to use land for specified purposes. It is a nonpossessory interest in land granted for limited use purposes.

Electrical machinery and equipment, manufacturing. See section 4-408(c)(11).

Engineer means a professional engineer duly registered and licensed by the state.

Enlargement and to enlarge. The term "enlargement" is an addition to the floor area or volume of an existing building, or an increase in that portion of a tract of land occupied by an existing use.

Entrance gate means a mechanized control device which is located near the point of access to a development which serves to regulate the ingress of vehicles to the interior of the development for the purpose of security and privacy.

Environmental quality means the character or degree of excellence or degradation in the total essential natural resources of the area as measured by the findings and standards of the physical, natural and social sciences, the arts and technology, and the quantitative guidelines of federal, state, county and city governments.

Environmentally sensitive land means any lands or waters, the development or alteration of which creates or has the potential to create a harm to the public interest due to their value as sources of biological productivity, as indispensable components of various hydrologic regimes, as irreplaceable and critical habitat for native species of flora and fauna, or as objects of scenic splendor and natural beauty. Among these types of land are those designated wetlands.

Equivalent means the state of correspondence or virtual identity of two land uses or zoning districts that exhibit similar levels of effects on each other and the community at large as defined by such factors as their intensities and schedules of use and activity, their demands for services and infrastructure such as roads and water and sewer systems, their impacts on natural resources and other similar parameters. The term "equivalent" is not synonymous with the term "compatible."

Essential service facilities. See section 4-408(c)(13).

Essential services means the erection, construction, alteration or maintenance, by a public or private utility company for the purpose of furnishing adequate service by such company for the public health, safety or general welfare, of electrical and communication cables, poles and wires, and water and sewer collection, transmission or distribution mains, drains and pipes, including fire hydrants. This definition includes necessary transformers, switching equipment, meters, pumps and similar equipment which is less than 27 cubic feet in size. The term "essential services" does not include buildings, structures or uses listed as essential service facilities (see section 4-408(c)(13)).

Excavation, depth, means the vertical distance measured from the lowest existing natural grade along the bank of the proposed excavation to the deepest point of the proposed excavation.

Existing only. The use is permitted only if it lawfully existed on September 27, 1993, or was granted a special exception within the two years prior to that date and commenced the approved construction within two years after that date. A use that qualifies as existing only will not be classified as a nonconforming use and will be afforded the same privileges as a permitted use.

Exotic animals means animals not indigenous to the state or the United States and large native animals not customarily kept in captivity outside zoological gardens.

Fabricated metal products, manufacturing. See section 4-408(c)(14).

Fair means a gathering held at a specified time and place for the buying and selling of goods; a market. The term "fair" includes an exhibition, as of farm products or manufactured goods, usually accompanied by one or more competitions, entertainments, amusement attractions or devices.

Family means one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit; provided that a group of five or more adults who are not related by blood, marriage or adoption shall not be deemed to constitute a family. The term "family" does not mean a fraternity, sorority, club, monastery, convent or institutional group.

Farm labor housing means residential buildings located near actively farmed land and occupied exclusively by farm workers as defined in F.S. § 420.503. However, housing that meets the density and occupancy limitations that apply to all other housing may not be considered farm labor housing.

Flea market, indoor, means a market held within a building where groups of individual sellers offer goods for sale to the public. A major distinction between an indoor flea market and a multiple-occupancy complex is that most leases between the sellers and the operators of the flea market are short-term.

Flea market, open, means a market held in an open or roofed area (not within a building) where groups of individual sellers offer goods for sale to the public.

Floor area means the total area of each story of a building, or portion thereof, within the surrounding exterior walls of the building or structure.

Florist shop means establishments primarily engaged in the retail sale of cut flowers and growing plants. Stores primarily engaged in selling seeds, bulbs and nursery stock are classified as garden and lawn supply stores, and greenhouses and nurseries primarily engaged in growing are listed as plant nurseries.

Food and beverage service, limited, means the provision of food or beverages for members and guests of a private club or recreational center but not available to the general public. See the provisions of article VI, division 5, of this chapter relating to on-premises consumption of alcoholic beverages.

Food and kindred products, manufacturing. See section 4-408(c)(15).

Food stores. See section 4-408(c)(16).

Foodcart means a foodstand operated out of a vehicle or some wheeled or skid-mounted structure, generally mobile or at a specific location temporarily.

Fraternity house means a dwelling used and occupied by a fraternity or sorority composed of college or university students and containing and providing domestic and social facilities and services thereto. See Group quarters.

Furniture and fixtures, manufacturing. See section 4-408(c)(18).

Garage, private, means an accessory building or a portion of the principal building which is provided for the parking of motor vehicles owned by the occupants of the principal building. For the purpose of this chapter, a carport shall be considered as a garage.

Garage, public, means any garage other than a private garage. A public parking garage may include accessory off-street parking spaces. Such garages shall not involve the repair or servicing of any motor vehicles.

Garage sale andyard sale mean an informal sale of used household or personal articles, such as furniture, tools or clothing, held on the seller's own premises, or conducted by several people on one of the sellers' own premises.

Gasoline dispensing system, special, means a gasoline dispensing system which is card-operated for governmental or commercial entities only in accordance with the provisions of F.A.C. ch. 4A-16, part VI, Service Stations.

Gatehouse means a structure which is located near the point of access to a development in which an individual controls access to that development for the purpose of security and privacy.

Gift, novelty and souvenir shops means establishments primarily engaged in the retail sale of combined lines of gifts and novelty merchandise, souvenirs and miscellaneous small art goods.

Glare means bright or brilliant light emitting from a point source of light, or reflected or refracted from a point source of light, with an intensity great enough to:

(1)

Reduce an observer's ability to see;

(2)

Cause an observer to experience momentary blindness, or a temporary loss of visual performance or ability; or

(3)

Cause an observer with normal sensory perception annoyance or discomfort to the degree which constitutes a nuisance.

Government agency means any department, commission, independent agency or instrumentality of the United States, the state, the county, the city or other governmental unit.

Grocery means a retail market for general food items, often, but not necessarily, self-service, smaller than a supermarket and with a far smaller range of nonfood items. See Supermarket and Convenience food and beverage store.

Group quarters means a building in which a number of unrelated individuals that do not constitute a family live and share various spaces and facilities for, for example, cooking, eating, sanitation, relaxation, study and recreation. Examples of group quarters include fraternity houses, boardinghouses, adult congregate living facilities, dormitories, sororities, roominghouses and other similar uses.

Guest house means an accessory building which is located on the same premises as the principal building and is to be used exclusively for housing members of the family occupying the principal building, or other nonpaying guests, is not occupied yearround, can have kitchen facilities, and is not rented or otherwise used as a separate dwelling. A guest house shall not be occupied by more than one family at any time, and only one guest house is permitted for each main dwelling.

Hardship means an unreasonable burden that is unique to a parcel of property, such as peculiar physical characteristics. Economic problems may be considered but may not be the sole basis for finding the existence of a hardship.

Hardware store means establishments primarily engaged in the retail sale of a number of basic hardware lines, such as tools, builders' hardware, paint and glass, house wares and small household appliances and cutlery.

Health care facility. See section 4-408(c)(20).

Hearing board means the city council, zoning board or local planning agency, whichever is applicable, responsible for conducting a public hearing.

Heliport means an area, either at ground level or elevated on a structure, licensed or approved for the landing and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Helistop means a heliport, but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Hobby, toy and game shops. See section 4-408(c)(21).

Home care facility means a conventional residence in which up to three unrelated individuals are cared for, but without provision for routine nursing or medical care.

Home occupation means an occupation customarily carried on by an occupant of a dwelling unit as an accessory use which is clearly incidental to the use of the dwelling unit for residential purposes and operated in accordance with the application provisions of article VI, division 18, of this chapter.

Hospice means a facility designed to provide comfort and relief for the emotional and physical needs of the terminally ill.

Hotel/motel. See article VI, division 19, of this chapter.

Household/office furnishings. See section 4-408(c)(22).

Housing unit means a house, apartment, mobile home or trailer, group of rooms or single room occupied or intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants do not live and eat with any other person in the structure and which have direct access from the outside of the building or through a common hall. See Dwelling unit and Living unit.

Increase nonconformity means any one of an infinite number of differing combinations of change which, in effect, would make a use of land or structures already not in conformance with this chapter, less in compliance with this chapter after the change than the use or structure was prior to the change. See article VII of this chapter.

Independent living unit means a unit which is authorized only as a part of a licensed continuing care facility (CCF), which may be equipped with a kitchen.

Insurance companies. See section 4-408(c)(23).

Intensity means a measurement of the degree of customarily nonresidential uses based on use, size, impact, bulk, shape, height, coverage, sewage generation, water demand, traffic generation or floor area ratios.

Junkyard means any use on streets or private property involving the parking, storage or disassembly of junked vehicles, or wrecked or non-operable vehicles, or storage, baling or otherwise dealing in wastepaper, rags, scrap metal, used building materials, old household appliances and other similar matter. Such uses shall be considered junkyards whether or not all or part of such operations are conducted within a building or in conjunction with, in addition to or accessory to other uses of the premises. The term "junkyard" does not include pawnshops and establishments for the sale, purchase or storage of usable secondhand cars, used furniture or similar household goods and appliances.

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

Land use means the development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under the Bonita Plan or an element or portion thereof, land development regulations, or a Land Development Code, as the context may indicate.

Landscape architect means a professional landscape architect duly registered and licensed by the state.

Laundromat means a business that provides washing, drying, dry cleaning or ironing machines for hire for customers to use on the premises.

Laundry or dry cleaning. See section 4-408(c)(24).

Lawfully means a building or use which was permitted by right, special exception, special permit or other action approving the use or placement of a structure by the city council or zoning board (such as by variance), at the time it was built or occupied, and such building or use was located in compliance with the zoning regulations for the district in which located, or in accordance with the terms of the variance.

Lawn and garden supply stores means establishments primarily engaged in selling trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools and other garden supplies to the general public. These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. Establishments primarily engaged in growing are classified as plant nurseries.

Leather products, manufacturing. See section 4-408(c)(25).

Light trespass means light emitting from a point source of light that falls outside the boundaries of the property on which the point source of light is located and which constitutes a nuisance to a reasonable person of normal sensory perception.

Living unit means any temporary or permanent unit used for human habitation. See Dwelling unit and Housing unit.

Loading space, off-street, means a space logically and conveniently located for pickups or deliveries or for loading or unloading, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.

Local planning agency means the planning commission performing the functions set forth in F.S. § 163.3174, as well as the functions set forth in section 4-88.

Lock-off accommodations means a living unit which cannot be physically separated from another living unit but can be separated from it by locking a door, and which contains at least one bedroom and one bath and is accessible from a separate outside door.

Lot means a parcel of land considered as a unit. See also Lot, corner.

Lot area means the total horizontal area within the lot lines.

Lot, corner, means:

(1)

A lot located at the intersection of two or more streets where the corner interior angle formed by the intersection of the two streets is 135 degrees or less; or

(2)

A lot abutting a curved street if straight lines drawn between the intersections of the side lot lines and the street right-of-way or easement to the foremost point of the lot form an interior angle of less than 135 degrees.

Lot coverage means that portion of the lot area, expressed as a percentage, occupied by all buildings or structures.

Lot line means a line which delineates the boundary of a lot.

Lot line, front, means the lot line which separates the lot from a street right-of-way or easement.

Lot line, rear, means that lot line which is parallel to or concentric with and most distant from the front lot line of the lot. In the case of an irregular or triangular lot, a line 20 feet in length, entirely within the lot, parallel to or concentric with and at the maximum possible distance from the front lot line, shall be considered to be the rear lot line. In the case of a through lot, there shall be no rear lot line. In the case of a double-frontage lot, the line directly opposite from the front line shall be designated as either a rear line or a side line depending upon the designation of the adjacent property. In the case of corner lots, the rear lot line shall be the line most nearly parallel to or concentric with and most distant from the front lot line most prevalent along the block.

Lot line, side, means any lot line which is not a front or rear lot line.

Lot measurement, depth.

(1)

For lots lawfully created prior to January 28, 1983, depth of a lot shall be considered the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear.

(2)

For lots lawfully created after January 28, 1983, depth of a lot shall be considered to be the distance between the front lot line and the rear lot line. To determine the midpoint of a curved line, a straight line is drawn connecting the points of intersection of the curved line with the side lot lines. A line drawn perpendicular to the midpoint of the straight line to the point it intersects the curved line shall determine the midpoint of the curved line for purposes of this chapter.

Lot measurement, width.

(1)

For lots lawfully created prior to January 28, 1983, the width of a lot shall be considered to be the average distance between straight lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the foremost points of the side lot lines in front (where they intersect with the street line) and the rearmost points of the side lot lines in the rear.

(2)

For lots lawfully created after January 28, 1983, the width of a lot shall be considered to be the distance between the side lot lines (or a front and side lot line for corner lots) as measured along the minimum required street setback line.

Lot of record means a lot which is part of a plat which has been lawfully recorded in the plat books in the office of the clerk of the circuit court of the county, and is in compliance with F.S. ch. 177, or a parcel of land, the deed of which was lawfully recorded in the office of the clerk of the circuit court of the county on or before January 28, 1983.

Lot, through, means any lot having two opposite lot lines abutting a street right-of-way or easement.

Machinery, manufacturing. See section 4-408(c)(27).

Manufactured housing. SeeBuilding, conventional.

Manufacturing means establishments which are primarily engaged in the mechanical or chemical transformation of materials or substances into new products, as well as establishments primarily engaged in assembling component parts of manufactured products if the new product is not a permanent structure or other fixed improvement.

Marina means a boating facility, chiefly for recreational boating, located on navigable water frontage, which provides a boat ramp with parking for vehicles and trailers, boat slips, dockage, or dry boat storage (with a service to place boats in the water upon request), and one or more marina accessory uses (df), to patrons other than residents of the premises. The term "marine" will also apply to navigable fresh waters. The term "marina" does not apply to docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only dockage or mooring to the residents, or to any city- or county-owned boat ramp or docking facility.

Marina accessory uses means uses normally ancillary to a marina, including, but not limited to, sale of marine fuel and lubricants, marine supplies, boats, boat motors, and boat parts; restaurant or refreshment facility, boat rental, minor boat rigging and motor repair. However, no dredge, barge or other work dockage or service is permitted and no boat construction or reconstruction is permitted. See Boatyard.

Massage establishment means any shop, establishment or place of business as defined by F.S. § 480.033.

Measuring, analyzing and controlling instruments, manufacturing. See section 4-408(c)(28).

Medical office means standard office space for the dispensing of medical and health-related services, including outpatient clinics incidental to such offices. Users may include medical doctors, osteopaths, chiropractors, naturopaths, nurse practitioners, health maintenance organizations and similar group practices, psychiatrists, clinical psychologists, counselors of all sorts and other similar licensed or professional practitioners, but shall not include small animal hospitals or other veterinary clinics.

Mining means the extraction of solid minerals from the ground, including, but not limited to, phosphate rock, limerock, coral stone, limestone, sand, gravel and shell for use off the premises from which extracted. See article VI, division 15, of this chapter.

Mini-warehouse means any building designed or used to provide separate storage rooms to individuals or businesses for a fee or rental, with such rooms being intended solely as dead storage depositories for personal property, inventory and equipment and not for any other commercial or industrial use. See Warehousing, public and Storage, dead.

Mobile home. SeeDwelling unit, types.

Model means a residential or commercial structure or part thereof used solely for demonstration purposes or sales promotion, not occupied as a dwelling unit, and open to the public for inspection.

Modular home. SeeBuilding, conventional.

Moor means to secure a vessel with lines.

Multi-slip docking facility means two or more docks which will provide vessel mooring slips to unrelated individuals, either for rent or for sale. A multi-slip docking facility is distinguished from a marina in that it has no commercial activity associated with it, including boat rentals or those uses or activities listed under transportation services group I (see section 4-408(c)(53)). The term "multi-slip docking facility" does not include boat ramps.

Multiple-family building. SeeDwelling unit, types.

Multiple-occupancy complex means a parcel of property under one ownership or singular control, or developed as a unified or coordinated project, with a building housing more than five occupants conducting a business operation of any kind.

Music store means establishments primarily engaged in the retail sale of musical instruments, phonograph records, sheet music and similar musical supplies.

Newsstand means establishments primarily engaged in the retail sales of newspapers, magazines and other periodicals, including home delivery.

Nightclub means a bar or cocktail lounge or other similar establishment primarily engaged in serving or selling alcoholic beverages to customers wherein paid floor shows or other forms of paid entertainment are provided for customers as a part of the commercial enterprise.

Nonconforming building or structure, lot or use means an existing building or structure, lot or use, lawful when established, which fails to comply with any provisions of this chapter, or which fails to comply as the result of subsequent amendments. See article VII of this chapter.

Nonstore retailers. See section 4-408(c)(30).

Non-transient park means a recreational vehicle development designed, intended or used for long-term (six months or longer) emplacement of a recreational vehicle on recreational vehicle sites.

Novelties, jewelry, toys and signs, manufacturing. See section 4-408(c)(29).

Nursery school. SeeDay care center, child.

Outparcel means a parcel divided from an original (parent) development tract, defined by metes and bounds or by a subdivision plat depicting it as an undivided tract, and intended for conveyance or conveyed to a party (developer) subsequent to the original developer, or withheld by the developer for development separately from the majority of the original development tract.

Package store means a place where alcoholic beverages are dispensed or sold in factory-sealed containers for consumption off the premises.

Paint ball range, outdoor, means a simulated exercise conducted outdoors in which players use paint-shooting guns to engage their opponents.

Paint, glass and wallpaper store means establishments engaged in selling primarily paint, glass and wallpaper, or any combination of these lines, to the general public.

Paper and allied products, manufacturing. See section 4-408(c)(31).

Park-trailer. SeeRecreational vehicle.

Parking lot, accessory, means an area of land set aside for the temporary parking of vehicles owned or leased by the owner of the premises, guests, employees or customers of the principal use.

Parking lot, commercial, means a parking lot which constitutes the principal use of the property and which is available to the public for a fee, or which may be leased to individual persons.

Parking lot, temporary, means an area of land set aside to provide overflow parking (seasonal) as set forth in section 4-1734.

Parks. See section 4-408(c)(32).

Participant means any person who appears at a zoning board proceeding, in person or through counsel or an authorized representative, and provides legal argument, testimony, or other evidence. A participant is entitled to receive a written notice of the zoning board decision or recommendation. The term "participant" includes city staff and the applicant where appropriate.

Permanent resident shall be defined as provided in F.S. § 196.012.

Permanent unit means any recreational vehicle, and any park-trailer, which is intended to be left emplaced on a recreational vehicle site for six months or longer.

Personal services. See section 4-408(c)(33).

Pet services means establishments primarily engaged in providing grooming, obedience training and other services for pets not requiring the services of a veterinarian, not including animal clinics or kennels.

Pet shop means establishments primarily engaged in the retail sale of pets and pet supplies.

Petroleum, manufacturing. See section 4-408(c)(34).

Pharmacy means an establishment strictly for the preparation or dispensing of prescription drugs and medicines and related products.

Photofinishing laboratories means establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade.

Place of worship means a structure designed primarily for accommodating an assembly of people for the purpose of religious worship, including related religious instruction, church or synagogue ministries involving classes for 100 or less children during the week, and other church or synagogue sponsored functions which do not exceed the occupancy limits of the building.

Planned development means a development that is designed and developed as a cohesive, integrated unit under single ownership or unified control which permits flexibility in building siting, mixture of housing types or land uses, clustering, common functional open space, the sharing of services, facilities and utilities and protection of environmental and natural resources.

Planned unit development (PUD). See article V, division 10, subdivision III, of this chapter.

Plant nursery means any lot, structure or premises used as an enterprise for the purpose of growing or keeping of plants for sale or resale.

Plat means as defined by F.S. ch. 177.

Point source of light means a manmade source emanating light, including, but not limited to, incandescent, tungsten-iodine (quartz), mercury vapor, fluorescent, metal halide, neon, halogen, high-pressure sodium and low-pressure sodium light sources, as well as torches, camps and bonfires.

Premises means any lot, area or tract of land.

Premises, on the same, means being on the same lot or building parcel or on an abutting lot or adjacent building in the same ownership.

Primary metal industries, manufacturing. See section 4-408(c)(35).

Principal building. SeeBuilding, principal.

Printing and publishing. See section 4-408(c)(36).

Prison means a state or federally operated facility for incarcerating criminal offenders.

Processing and warehousing means the storage of materials in a warehouse or terminal and where such materials may be combined, broken down or aggregated for transshipment or storage purposes where the original material is not chemically or physically changed. The term "processing and warehousing" means an establishment essentially for storage and shipment as opposed to a manufacturing establishment.

Produce stand. See article VI, division 16, of this chapter.

Property line. See Lot line.

Quarter section line is synonymous with half section line and means either of two lines which, used in combination, divide a section of land into four quarters.

Racetracks. See section 4-408(c)(37).

Recreation hall means a building owned or operated by a condominium or homeowners' association for a social or recreational purpose, but not for profit or to render a service which is customarily carried on as a business. The term "recreation hall" does not include fraternities or sororities.

Recreation facilities.

(1)

Recreation facilities, commercial, means recreation equipment or facilities not classified as a park (see section 4-408(c)(32), or as personal, private-on-site, or private-off-site facility, but instead operated as a business and open to the public for a fee. See section 4-408(c)(38).

(2)

Recreation facilities, personal, means recreation equipment or facilities such as swimming pools, tennis, shuffleboard, handball or racquetball courts, swings, slides and other playground equipment provided as an accessory use on the same premises and in the same zoning district as the principal permitted use and designed to be used primarily by the owners, tenants, or employees of the principal use and their guests.

(3)

Recreation facilities, private off-site, means recreation equipment or facilities such as, but not limited to, swimming pools, tennis, shuffleboard, handball or racquetball courts, picnic facilities, swings, slides and other playground equipment owned, leased or operated by a homeowners', co-op, or condominium association for use by the association's members and guests, but which are not located in the development or neighborhood controlled by the association.

(4)

Recreation facilities, private on-site, means recreation equipment or facilities such as swimming pools, tennis, shuffleboard, handball or racquetball courts, swings, slides and other playground equipment which are owned, leased or operated by a homeowners', co-op, or condominium association and located in the development or neighborhood controlled by the association.

Recreational vehicle means a recreational vehicle type unit which is defined in F.S. § 320.01(b).

Recreational vehicle park, developed, means a parcel (or portion thereof) or abutting parcels of land designed, used or intended to be used to accommodate two or more occupied recreational vehicles, and in which necessary utilities and streets and the final site grading or paving of concrete pads or vehicle stands was completed prior to September 16, 1985.

Recreational vehicle park, expansion to an existing, means the preparation of additional sites, by the construction of facilities for servicing the sites on which the recreational vehicles are to be located (including the installation of utilities, final site grading, pouring of concrete pads or the construction of streets), for which a preliminary development order was not issued by the county prior to September 16, 1985. This shall not be interpreted to include pads for utility rooms, enclosures or storage sheds where permitted.

Recreational vehicle park, new, means parks granted preliminary development orders subsequent to September 16, 1985.

Recreational vehicle park, phased, means a park, or portion of a park, which received site plan approvals preceding September 16, 1985, or was vested under the Bonita Plan but has not committed to the construction of the facilities needed to be considered a developed recreational vehicle park as defined in this section.

Recreational vehicle park resident, permanent, means any person who currently owns and has resided at a specific address within a recreational vehicle park for a continuous period of over 12 months prior to September 16, 1985. Proof of residency shall be established by affidavit filed with the county by October 31, 1985.

Recycling facility means a building within which sorting, separating, baling or crushing of materials such as glass, aluminum or paper products is conducted prior to being transported to another location for recycling into usable products. The term "recycling facility" does not include auto wrecking or salvage yards, junkyards, trash or refuse dumps, or incinerators.

Religious facilities means religious-related facilities and activities, which may include, but are not limited to, places of worship, bus storage facilities or areas, convents, monasteries, retreats, church or synagogue ministries involving classes for more than 100 children during the week, and homes for the aged.

Rental establishments. See section 4-408(c)(39).

Repair shops. See section 4-408(c)(40).

Research and development laboratories. See section 4-408(c)(41).

Residence. SeeDwelling unit, Living unit andHousing unit.

Residential accessory uses. See section 4-408(c)(42).

Resource recovery means various techniques of recovering reusable or recyclable materials or energy from garbage and trash.

Restaurant, fast food, means an establishment whose principal business is the sale of food or beverages in a ready-to-consume state primarily for off-site consumption, and which may contain drive-through facilities, such as McDonald's, Burger King, Juicy Lucy's and Checker's.

Restaurant, standard, means an establishment whose principal business is the sale of food or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics:

(1)

Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed.

(2)

A cafeteria-type operation is conducted where food and beverages generally are consumed within the restaurant building.

See section 4-408(c)(43).

Retaining wall means a vertical bulkhead located above mean high water and landward of any existing wetland vegetation or littoral zone characterized by the presence of intertidal fauna. See Vertical seawall.

Right-of-way line. See Street right-of-way line.

Roadside stand. See article VI, division 16, of this chapter.

Rooming unit means a room or group of rooms used, or designed and intended to be used, as a living facility for a single-family, and which contains provisions for living, sleeping and sanitation, but does not provide cooking or eating facilities.

Roominghouse means a residential building used, or intended to be used, as a place where sleeping or housekeeping accommodations are furnished or provided for pay to transient or permanent guests or tenants in which less than ten and more than three rooms are used for the accommodation of such guests or tenants, but which does not maintain a public dining room in the same building or in any accessory building.

Rubber and plastics products, manufacturing. See section 4-408(c)(44).

School, commercial. See section 4-408(c)(45).

Self-service fuel pump station. See Convenience food and beverage store.

Self-service fuel pumps means vehicle fuel dispensing devices in which only self-service is permitted and no other vehicle service is provided. For purposes of determining the number of pumps, a pump may serve only one vehicle at a time. If a pump island contains a pump which can be used simultaneously by two vehicles, then it is counted as two pumps.

Servants' quarters means a dwelling unit for domestic servants employed on the premises. Such unit may be in either a principal or an accessory building, and, if in an accessory building, may be used alternatively as a guest house, but no such living quarters shall be rented, leased or otherwise made available for compensation of any kind except in the form of housing for servants. Such a unit may not be occupied by more than one family at any one time, and there shall be no more than one separate servants' quarters for each main dwelling unit.

Setback means the minimum horizontal distance required between a specified line and the nearest point of a building or structure.

(1)

Rear setback means the setback, extending across the rear of a lot, measured from the rear lot line.

(2)

Side setback means the setback, extending from the required street setback to the required rear lot line, or opposing street setback in the case of a double-frontage lot, measured from the side lot line.

(3)

Street setback means the setback extending across the front of a lot measured from the edge of an existing or proposed street right-of-way or street easement. See section 4-1983 for requirements. Whenever this chapter refers to street setback it means existing or proposed street right-of-way or street easement, whichever is greater.

(4)

Waterbody setback means the setback measured from the mean high water line (MHWL), or the control elevation line, if applicable, of a water body. See section 4-1984 for requirements.

Shield means to establish a visual and sound barrier by the use of a berm, wall, screening or other methods that will not permit the sound or sight of the facility in question to be apparent from adjoining property.

Shoreline means a straight or smoothly curved line which, on tidal waters, follows the general configuration of the mean high-water line, and which on non-tidal waters is determined by the annual average waterline. Boat slips and other manmade or minor indentations shall be construed as lying landward of the shoreline and are considered upland when computing the lot area of waterfront property.

SIC code means a two-, three- or four-digit numeric code that identifies commercial or industrial activities and classifies firms according to standards set down in the Standard Industrial Classification Manual, 1972 (Washington GPO, 1972).

Single-family residence. SeeDwelling unit, types.

Social services. See section 4-408(c)(46).

Special exception. SeeUse, special exception.

Specialty retail shop. See section 4-408(c)(47).

Stable, boarding, means any location where horses are kept for a fee, which is not a private or commercial recreation stable.

Stable, commercial, means any location where horses are kept principally for sale or hire and where the following activities may occur: horse training, dressage, riding lessons, trail riding, grooming and ancillary uses required to conduct these activities.

Stable, private, means any premises where horses are kept which are owned by and solely for the use of the occupants of the premises.

Stone, clay, glass and concrete products, manufacturing. See section 4-408(c)(48).

Storage means the safekeeping of any goods, wares, products or other commodities in any area for more than 48 hours for later use or disposal. The term "storage" includes the keeping of boats, cars, recreational vehicles, etc., for others, whether or not compensation is made to the property owner. The term "storage" does not include animals, nor shall it apply to normally anticipated outdoor display of products for sale such as by boat, mobile home, construction equipment or vehicle dealers, or landscaping materials, or customary and usual activities accessory to agricultural or residential dwellings.

Storage, dead, means the storage of goods, wares, products or other commodities, with no sales, conferences or other human activity other than the placement, removal or sorting of stored items.

Storage, indoor, means storage accessory to a permitted use and which is contained wholly within a building. When listed as a permitted or permissible use in the zoning district regulations, it shall not be construed to mean a warehouse or a mini-warehouse.

Storage, open, means any storage not defined as indoor storage.

Story (floor) means that portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.

STRAP number is a means of property identification which consists of the section, township, range, area and parcel numbers.

Street means a public or private thoroughfare which affords vehicle access to the principal means of ingress or egress to a lot. The term "street" is synonymous with the terms "avenue," "boulevard," "drive," "lane," "place," "road" and "way," or similar terms.

Street right-of-way, existing, is a general term denoting land, property or interest therein, usually in a strip, acquired for or devoted to transportation purposes, which has been dedicated to the public and accepted by the board of county commissioners or city council.

Street right-of-way orstreet easement line means an imaginary line delineating the boundary of an existing or proposed street right-of-way or street easement.

Structure means that which is built or constructed. The term "structure" shall be construed as if followed by the words or part thereof.

Studios. See section 4-408(c)(49).

Supermarket means a retail establishment which is principally for the sale of general food items on a cash-and-carry basis, generally self-service in arrangement, and frequently with a wide range of nonfood items, including sundries, package sale of alcoholic beverages, hardware and the like, and frequently housing discrete but subordinate commercial operations such as bakeries, restaurants, pharmacies and package stores. A supermarket is to be distinguished from a grocery store on the basis of scale, being usually 25,000 square feet or larger in size, and the broader mix of goods and services.

Surveyor means a professional land surveyor duly registered and licensed by the state.

Textile mill products. See section 4-408(c)(50).

Theater, indoor, means a building or part thereof devoted to showing motion pictures, or for dramatic, musical or live entertainment, but not including nightclubs.

Through lot. SeeLot, through.

Timeshare unit means any dwelling unit or rooming unit for which a timesharing plan, as defined in F.S. ch. 721, has been established and documented.

Tobacco manufacturing. See section 4-408(c)(51).

Townhouse. SeeDwelling unit, types.

Transient guest means any guest registered as provided for in F.S. § 513.01(11), for six months or less.

Transient park means a recreational vehicle development designed, intended for or used by relatively short-stay visitors (transient guests) who bring their recreational vehicle with them and remove it at the end of their visit. The individual recreational vehicle site is then ready for another visitor.

Transient unit means a camping trailer, truck camper, motor home or travel trailer which is brought to the recreational vehicle park by the user, and is removed from the park at the end of the user's visit.

Transportation equipment, manufacturing. See section 4-408(c)(52).

Transportation services. See section 4-408(c)(53).

Travel trailer. SeeRecreational vehicle.

Truck stop means an establishment where the principal use is primarily the refueling and servicing of trucks and tractor-trailer rigs. Such establishments may have restaurants or snack bars and sleeping accommodations for the drivers of such over-the-road equipment and may provide facilities for the repair and maintenance of such equipment.

Trucking terminal means an area or building where cargo is stored and where trucks load and unload cargo on a regular basis. Ancillary facilities may provide for parking, storing or servicing of trucks.

Two-family. SeeDwelling unit, types.

Unified control means the unrestricted right of any owner or agent to enforce whatever conditions are set on the use and development of a parcel of land through the provisions of this chapter, by binding his heirs, assigns or other successors in title with covenants or restrictions on the development and subsequent use of the property.

Unified control, covenant of, means the demonstration and documentation that an owner or agent has unified control over a piece of property and is competent and willing to bind his heirs, assigns or other successors in title in the public interest to whatever conditions are placed on the development and subsequent use of the property through the provisions of this chapter.

Use means any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

Use, accessory, means a use of a structure or premises which is customarily incidental and subordinate to the principal use of the structure or premises. See Use, principal.

Use, mixed, means the development of land or building or structure with two or more different but compatible uses, such as but not limited to residential, office, industrial and technological, retail, commercial, public, entertainment or recreation uses, in a compact urban form.

Use permitted by right means a use which, by its very nature, is allowed within the specified zoning district; provided all applicable regulations are met. Permitted use includes the principal use of the land or structure as well as accessory uses, unless specifically stated to the contrary.

Use, principal, means the primary purpose for which land or a structure or building is used.

Use, public, means the use of any land, water or building by a public agency for a public service or purpose.

Use, special exception, means a use or certain specified departures from the regulations of this chapter that may not be appropriate generally or without restriction throughout a zoning district, but which, when controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, order, comfort, convenience, appearance or prosperity, and may be permitted, in accordance with all applicable regulations.

Use, special permit. SeeUse, special exception.

Use, temporary, means a use or activity which is permitted only for a limited time, and subject to specific regulations and permitting procedures.

Used merchandise stores. See section 4-408(c)(54).

Variance means a departure from the provisions of this chapter or from any ordinance (excluding building codes) relating to building and other structural setbacks, lot dimensions such as width, depth or area, structure or building height, open space, buffers, parking or loading requirements, lot coverage, impervious areas, landscaping and similar type regulations. A variance may not involve the actual use of the property, building or structures, procedural requirements, or definitions. The term "variance" excludes modifications for solar or wind energy or other provisions specifically indicated as requiring a special exception, and variances from impact fees. A variance may be granted in accordance with the procedures set forth in section 4-124(2). See Variance, use, and Variance, procedural.

Variance, procedural, means any departure from the procedural requirements of this chapter, chapter 3 or any other ordinance. Procedural variances are never permitted.

Variance, use, means any departure from the provisions of this chapter and not specifically included in the definition set forth under Variance or Variance, procedural. The term "use variance" also means any attempt to vary any one or more of the definitions set forth in this chapter, either directly or indirectly. Use variances are never permitted.

Variety store means a retail store offering a broad mix of generally nondurable goods, notions and sundries, also generally of moderate price. Durable goods, such as furniture, large appliances and the like, are seldom offered in a variety store.

Vehicle and equipment dealers. See section 4-408(c)(55).

Vertical seawall means a vertical bulkhead located at or below mean high water, built to withstand wave force and erosion. See Retaining wall.

Warehouse, private, means indoor terminal facilities operated primarily for a specific commercial establishment or group of establishments in a particular industrial or economic field, such as moving companies, transfer companies, freight delivery, specific retail store storage or beverage distribution, but not generally accessible to the public.

Warehouse, public, means indoor terminal facilities available to the general public at a fee for the dead storage of farm products, furniture and other household goods or commercial or private goods of any nature. See also Mini-warehouse.

Water, body of.

(1)

Artificial body of water means a depression or concavity in the surface of the earth, other than a swimming pool, created by human artifice, or that portion of a natural body of water extended or expanded by human artifice, and in which water stands or flows for more than three months of the year.

(2)

Natural body of water means a depression or concavity in the part of the surface of the earth lying landward of the line of mean sea level (NGVD) which was created by natural geophysical forces and in which water stands or flows for more than three months of the year; also, the bays and estuaries lying between the mainland and the barrier islands (Lovers Key, Big Hickory Island and Little Hickory Island and Bonita Beach) with the outermost boundary defined by a series of short straight lines that can be drawn connecting these islands.

Waterway means any bay, river, lake, canal or artificial or natural body of water connected to navigable waters of the United States.

Wetlands, consistent with F.S. § 373.019(17), means those areas inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto.

Wholesale establishments. See section 4-408(c)(56).

Zero-lot-line development means a site planning technique which places at least one wall of a building on a side or rear line of the lot on which it stands.

(Ord. No. 11-02, § 3(4-2), 1-19-2011)

The following rules of construction apply to the text of this chapter:

(1)

Where the term "ordinance," "law," "statute" or "map" is referred to in the text, it is meant to include the phrase as adopted and as amended from time to time unless specifically stated to the contrary in the text.

(2)

In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table or illustrative table, the text will control.

(3)

Where this chapter refers to a specific federal, state, county or city agency, department or division, it will be interpreted to mean any succeeding agency authorized to perform similar functions or duties.

(Ord. No. 11-02, § 3(4-3), 1-19-2011)

(a)

Scope of chapter. The provisions of this chapter shall apply uniformly to all land, water, buildings and structures now or hereafter located in the city.

(b)

Deed restrictions. The provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. It is not intended by this chapter to interfere with, abrogate or annul any easements, covenants or other agreement between the parties; provided, however, that, where this chapter imposes a greater restriction upon the uses of structures, land and water, or requires more open space, than is required by other rules or regulations, or by easements, covenants or agreements, by recorded deed, plat or otherwise, the provisions of this chapter shall govern. The city shall not be responsible for the enforcement of private deed restrictions.

(c)

Vested rights. Nothing in this chapter is to be interpreted or construed to give rise to any vested right in the continuation of any particular use, district or zoning classification or any permissible activities therein; and such use, district, zoning classification and permissible activities are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the protection of public health, safety and welfare.

(Ord. No. 11-02, § 3(4-4), 1-19-2011)

(a)

The interpretation and application of the provisions of this chapter shall be reasonably and uniformly applied to all property within the city.

(b)

The provisions of this chapter shall be held to be the minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity or general welfare, and for securing safety from fire and other dangers, providing adequate light and air, and preventing excessive concentration of population.

(c)

Whenever the regulations and requirements of this chapter are at variance with the requirements of any other lawfully enacted and adopted rules, regulations, ordinances or laws, the most restrictive shall apply.

(Ord. No. 11-02, § 3(4-5), 1-19-2011)