For the purposes of this Code, the following terms shall have the meanings set forth below. Included are pertinent definitions adopted in the Comprehensive Plan, in addition to others applicable to this Code but not covered in the Plan. It is the intent of this Article to incorporate Comprehensive Plan definitions in substantially the same form in which they were adopted, although some terms may be defined here in a more detailed or restrictive manner. In the event a Comprehensive Plan amendment conflicts with a definition contained herein, the definition in the Comprehensive Plan shall take precedence, and shall be incorporated into this Code by reference.

AASHTO: American Association of State Highway and Transportation Officials.

Accessory Use or Structure: A use or structure on the same lot, with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Adult Congregate Living Facility: See Assisted Living Facility (aka Adult Congregate Living Facility).

Adult Day Care Facility: Any building or buildings, or part of a building, whether operated for profit or not, which undertakes through its ownership or management, therapeutic programs of social and health services as well as activities for adults in a non-institutional setting. Participants may utilize a variety of services offered during any part of the 24-hour day, but less than a 24-hour period. These services are provided to three or more adults who are 18 years of age or older, who are not related to the owner/operator by blood or marriage, who requires such services. (Section 429.901, F.S.)

Adult Entertainment Establishment: Any business which excludes minors by virtue of age due to the presence or display of films, photographs, published materials, or activities of a sexual nature. This definition shall include adult bookstores and theaters, and establishments offering massage, body rubs, any display of nudity, and similar activities to the exclusion of minors. Establishments which offer medical and therapeutic services provided by state licensed practitioners are excluded from this definition. Any business qualifying as an incidental adult materials vendor shall also be excluded from this definition.

Adult Family-Care Home (Pursuant to Section 429.65, F.S.): A full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides, room, board, and personal care, on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives. The following family-type living arrangements are not required to be licensed as an adult family-care home:

(a)

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

(b)

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

(c)

An establishment that is licensed as an assisted living facility under Florida Statutes Section 429.65. (s. 429.65, F.S.)

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

Affordable Housing: Housing costs that, on a monthly basis, requires rent or mortgage payments of no more than 30 percent of a household's monthly gross income.

Agriculture or Agricultural: The use of land for commercial cultivation of crops or the raising of animals or for preservation of land in its natural state.

Agricultural Building or Structure: Any building or structure which is accessory to the principal agricultural use of the land.

Agricultural Uses: Activities within land areas which are predominantly used for the cultivation of crops and livestock including: crop land; pasture land; orchards; vineyards; nurseries; ornamental horticulture areas; groves; specialty farms; aquaculture operations; and silviculture areas.

Alley: A narrow thoroughfare dedicated or used for public use upon which service entrances of buildings abut, which is generally used as a thoroughfare by both pedestrians and vehicles, or which is not used for general traffic circulations, and is not otherwise officially designated as a street.

Alteration: Alter or alteration shall mean any change in size, shape, character, occupancy, or use of a building or structure.

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

Annexation: The adding of real property to the boundaries of an incorporated municipality, such addition making such real property in every way a part of the municipality. (§ 171-031 F.S.)

Antique Car/ Vehicle: Any vehicle 25 years or older, as defined by the State for registration.

Apartment Building: A building which is used or intended to be used as a home or residence for 3 or more families living in separate apartments.

Apartment Efficiency: A dwelling unit a multiple dwelling, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.

Apartment Garage: A building designed and used exclusively for the housing of automobiles belonging to the occupants of an apartment building on the same premises.

Appeal: A request for a review of the Floodplain Administrator's interpretation of any provision of Article 5.01.00 or a request for a variance.

Aquifer: A water-bearing stratum of permeable rock, sand, or gravel.

Area of Shallow Flooding. Areas located within the areas of special flood hazard having special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.

Area of Special Flood Hazard: The Area of Special Flood Hazard shall include:

1.

All areas designated as an area of special flood hazard pursuant to Section 5.01.02.03. 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.

2.

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

Arterial Road: A roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. In addition, every United States numbered highway is an arterial road. Arterial roads are designated as such on the Future Traffic Circulation Map of the City of Bowling Green Comprehensive Plan.

ASCE 24: A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

Assisted Living Facility (aka Adult Congregate Living Facility): Any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator. (§ 429.02, F.S.)

Automotive Repair, Major: Includes activities listed under Service Station, as well as removal and major overhaul of engines, transmissions and drive systems, and all types of paint and body work.

Automotive Repair, Minor: See Service Station. A business which performs minor automotive repair may include the sale of motor fuels.

Automotive Restoration/antique or Classic (Private and "Not for Profit"): Restoring of classic vehicles (more than 20 years old) or antique vehicles (more than 25 years old) by a private individual and "not for profit." All activities must take place under cover. Stored vehicles must be screened. Vehicles may not be stored in front of the principal structure and must be set back ten feet (10') from side and rear property lines. An individual who is restoring a classic or antique vehicle may have 3 inoperable vehicles as long as they are of the same make and model of the vehicle he is restoring.

Auto Salvage Yard: A commercial business which disassembles inoperable vehicles for the purpose of resale of automobile parts. Not more than three (3) inoperable vehicles may be stored at any one time. See "Junkyard" for a business which stores more than three inoperable vehicles.

Availability or Available: With regard to the provision of facilities and services concurrent with the impacts of development, means that at a minimum the facilities and services will be provided in accordance with the standards set forth in Rule 9J-S.0055(2), Florida Administrative Code.

Bar or Saloon: Any place devoted primarily to the retailing and drinking of malt, vinous, or other alcoholic beverages, or any place where any sign if exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

Base Flood: A flood having a one (1) percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood."

Base Flood Elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.]

Basement: The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.]

Bed and Breakfast: An owner-occupied dwelling unit containing no more than six (6) guest rooms where lodging, with or without meals, is provided for compensation.

Beneficial Functions Of A Wetland. Those functions, described in the Conservation Element of the Comprehensive Plan and in this Code that justify protection of wetlands.

Best Management Practice (BMP): A practice or combination of practices that are determined to be the most effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.

Boarding or Rooming House: Residential facility other than an apartment building, hotel/motel, or restaurant, containing four (4) or more rooms, where meals and/or lodging are provided in exchange for monetary compensation. This definition shall include dormitories, fraternity houses, and sorority houses.

Buffer: An area or strip of land established to separate and protect one type of land use from another with which it is incompatible. A buffer area typically is landscaped and contains vegetative plantings, berms, and/or walls or fences to create a visual and/or sound barrier between the two incompatible uses.

Building: Any structure either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This definition shall include tents, awnings, or vehicles situated on private property and serving in any way the function of a building.

Building Line: The rear edge of any required front yard or the rear edge of any required setback line. Except as specifically provided by this zoning ordinance, no building or structure may be extended to occupy any portion of a lot streetward or otherwise beyond the building line.

Camping trailer: See Recreation Vehicle Unit.

Cannabis Delivery Device: An object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing low-THC cannabis or medical cannabis into the human body.

Canopy: Canopy refers to the area shaded by the crown of mature tree, which is listed among the approved species.

Capital Budget: The portion of the City's budget which reflects capital improvements scheduled for a fiscal year.

Capital Improvement: Physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multi-year financing. For the purposes of this rule, physical assets which have been identified as existing or projected needs in the individual comprehensive plan elements shall be considered capital improvements.

Carport: A roofed area open on one (1) or more sides and is attached to or is within three (3) feet of the principal building and designed or intended for storage of one (1) or more motor vehicles, trailers, boats, or other moveable property.

Cemetery: A plot or parcel of land used or intended for use as a burial place in or above the ground for dead human bodies, whether or not markers or monuments are used.

Child Care: The care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care. (§ 402.302, F.S.)

Child Care, Drop-in: Child care provided occasionally in a child care facility in a shopping mall or business establishment where a child is in care for no more than a 4-hour period and the parent remains on the premises of the shopping mall or business establishment at all times. Drop-in child care arrangements shall meet all requirements for a child care facility unless specifically exempted. (§ 402.302, F.S.)

Child Care, Evening: Child care provided during the evening hours and may encompass the hours of 6:00 p.m. to 7:00 a.m. to accommodate parents who work evenings and late-night shifts. (§ 402.302, F.S.)

Child Care, Weekend: Child care provided between the hours of 6 p.m. on Friday and 6 a.m. on Monday. (§ 402.302, F.S.)

Child Care Facility (Pursuant to Section 402.302, F.S.): Any child care center or child care arrangement which provides child care for more than five (5) children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included:

(a)

Public schools and nonpublic schools and their integral programs, except as provided in s. 402.3025, F.S.;

(b)

Summer camps having children in full-time residence;

(c)

Summer day camps;

(d)

Bible schools normally conducted during vacation periods; and

(e)

Operators of transient establishments, as defined in Chapter 509, F.S., which provide child care services solely for the guests of their establishment or resort, provided that all child care personnel of the establishment are screened according to the level 2 screening requirements of Chapter 435, F.S. (§ 402.302, F.S.)

City: City of Bowling Green.

Classic Car/Vehicle: A vehicle 20 years or older, as defined by the State for registration purposes.

Club, Night: A restaurant, dining room, bar, or other similar establishment providing food or refreshments wherein floor show or other forms of entertainment by persons are provided for guests after 11:00 o'clock p.m.

Club, Private: Shall pertain to an include those associations and organizations of a fraternal or social character, not operated or maintained for profit. The term "private club" shall not include casinos, night clubs, or other institutions operated as a business.

Cluster Development: A development pattern in which residential uses are grouped or "clustered" through a density transfer, rather than spread evenly throughout a parcel as a conventional lot-by-lot development.

Collector Road: A roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. All collector roads are designated as such on the Future Traffic Circulation Map of the City of Bowling Green Comprehensive Plan.

Commercial Uses: Activities within land areas which are predominantly connected with the sale, rental and distribution of products, or performance of services.

Commercial Vehicle: Any vehicle designed, intended or used for transportation of people, goods, or things, other than private vehicles and trailers for private non-profit transport of goods and boats.

Communication Tower: Mast, pole, or other structure exceeding 30 feet in height, on which are mounted one or more antennas, receivers, signal generator, or similar equipment, whose purpose is to receive television or radio signals directly from ground-based sources, or to transmit such signals directly to ground-based receivers.

Community Residential Home: A dwelling unit licensed to serve frail elders as defined in Section 429.65, F.S.; physically disabled or handicapped persons as defined in Section 760.22(7)(a), F.S.; developmentally disabled persons as defined in Section 393.063, F.S.; non-dangerous mentally ill persons as defined in Section 394.455(18), F.S.; or a child who is found to be dependent as defined in Sections 39.01 or 984.03, F.S.; or a child in need of services as defined in Sections 984.03 or 985.03, F.S. These residents are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Family Services or a dwelling unit licensed by the Agency for Health Care Administration which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. (Section 419.001, F.S.)

Homes of six (6) or fewer residents, which otherwise meet the definition of a community residential home, shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six (6) or fewer residents, which otherwise meet the definition of a community residential home, shall be allowed in single-family or multi-family zoning without approval by the local government, provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such home with six (6) or fewer residents. (Section 419.001, F.S.)

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 System: The procedures and/or process that the local government will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development.

Cone of Influence: An area around one or more major water wells the boundary of which is determined by the government agency having specific statutory authority to make such a determination based on groundwater travel or drawdown depth.

Conservation Easement: A right or interest in real property intended to maintain land or water areas predominantly in their natural, scenic, open, or wooded condition. Such areas may preserve habitat for fish, plants, or wildlife; the structural integrity or physical appearance of sites of historical, architectural, archaeological, or cultural significance; or existing land uses compatible with conservation of natural resources.

Conservation Use: Publicly owned wetlands, floodplains, and other areas in which limited development is permitted in order to preserve a natural resource. Municipal wellfields and associated facilities. Boat docks and marinas, provided that all structures and parking areas are above the 100-year flood elevation.

Convenience Store: A building and land used or intended for retail sale of grocery store items, but on a much smaller scale than a grocery store. No sales of motor fuels. For the definition of a convenience store with gas sales, see Gasoline Sales (no service).

Convenience Store with Gas: See Gasoline Sales (No Service).

Coverage: That percentage of the plot area covered or occupied by buildings or roofed portions of structures.

Density: The average number of families or dwelling units per acre of land.

Density, Gross: The overall number of units per acre in a development, including all supporting facilities.

Density, Net: Number of units per buildable acre of land, excluding supporting facilities such as subdivision road right-of-way, water and wastewater treatment plants, and property owned or used in common by the residents of a development (e.g., clubhouse or golf course).

Density Bonus: An additional number of dwelling units above what would otherwise be permissible within a particular zoning classification or future land use classification. When applied to a future land use classification, a density bonus may only be granted when, at a minimum, all housing units that exceed the maximum density permissible within that classification meet the definition of affordable for those of low and moderate income.

Depth and Width: The depth of a lot is the distance between its mean front street line and its mean rear line. The width of a lot is the distance between the side lines thereof if such lines are parallel to each other; if side lines are not parallel, width shall be construed as mean width.

Design Flood: The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]

1.

Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or

2.

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Design Flood Elevation: The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.]

Developer: Any person, including a governmental agency, undertaking any development activity. (§ 380.031 F.S.)

Development: The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.

The following activities or uses shall be taken to involve "development":

A reconstruction, alteration of the size, or material change in the external appearance of a structure on land; a change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land; alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction"; commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land; demolition of a structure; clearing of land as an adjunct of construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land.

The following operations or uses shall not be taken to involve "development":

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way; work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, powerlines, towers, poles, tracks, or the like; work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; the use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; the use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock, or for other agricultural purposes; a change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class; a change in the ownership or form of ownership of any parcel or structure; the creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

Development as defined for purposes of Section 5.01.00, Development in Flood-Prone Areas, means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

"Development" as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. (§ 380.04 F.S.)

Development of Regional Impact (DRI): 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 county.

Development Order: Any order granting, denying, or granting with conditions an application for a development permit. (§ 380.031 F.S.)

Development Permit: Includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development. (§ 380.031 F.S.)

Dispensing Organization: An organization approved by the Department of Health to cultivate, process, transport, and dispense low-THC cannabis or medical cannabis pursuant to Florida Statutes Section 381.986.

District: A portion of the territory of the City for which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the zoning ordinance.

D.O.T: The Florida Department of Transportation.

D.O.T. Specifications: Florida Department of Transportation Standard Specifications for Road and Bridge Construction, current edition.

Double Fronting Lots: Where a lot is bounded on two opposite sides by streets, front yards, when required, shall be provided on both streets and accessory buildings shall not be located in either front yard.

Drainage Facilities: A system of man-made structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures.

Drive-in Restaurant or Refreshment Stand: Any place or premises used for sale, dispensing, or serving of food, refreshments or beverages in automobiles.

Duplex: A building designed and intended for or occupied exclusively by two (2) families living independently of each other.

Dwelling: A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, boarding, lodging houses or house trailers whether such trailers be mobile or located in a stationary fashion as when on blocks or other foundation.

Dwelling Unit: A space, area or portion of a building designed for and occupied by one family as a dwelling, with cooking facilities for the exclusive use of such family.

Easement: A right given by the owner of land to another party for specific limited use of that land. For example, a property owner may give or sell an easement on his property to allow utility facilities like power lines or pipelines, or to allow access to another property. A property owner may also sell or dedicate to the government the development rights for all or part of a parcel, thereby keeping the land open for conservation, recreation, scenic or open space purposes.

Encroachment: The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area, which may impede or alter the flow capacity of riverine flood hazard areas.

Environmentally Sensitive Land: Wetlands, floodplains or critical habitat for plant or animal species listed by the Florida Department of Agriculture and Consumer Services (FDACS), the Florida Game and Fresh Water Fish Commission (FGFWFC), or the United States Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern. A Critical Habitat means the specific area within a geographic area occupied by plant or animal species listed by FDACS, FGFWFC or USFWS as endangered, threatened, or species of special concern on which are found those physical or biological features essential to the conservation of the species and which may require management considerations or protection.

Erected: The word "erected" includes built, constructed, reconstructed, moved upon or any physical operations on the premises required for building. Excavations, fill, drainage, and the like shall be considered a part of erection.

Essential Services: The erection, construction, alteration or maintenance, by private utilities or municipal or other governmental agencies, of underground, or overhead gas, electrical steam or water transmission or distribution systems, collection, communication, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishings of adequate service by such public utilities or municipal or governmental agencies or for the public health or safety or general welfare, but not including buildings.

Existing Building and Existing Structure: Any buildings and structures for which the "start of construction" commenced before May 2, 1988. [Also defined in FBC, B, Section 1612.2.]

Existing Manufactured Home Park or Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before May 2, 1988.

Existing Mobile Home Subdivision: The platted Branch Park Mobile Home Subdivision.

Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FAC: Florida Administrative Code.

Factory-built Housing: Shall mean any residential building, or building component or building system therefor, which is of closed construction and which is made or assembled in manufacturing facilities for installation, or assembly and installation, on the building site. Factory-built housing may also mean any residential building, or building component or building system therefor of open construction made or assembled in manufacturing facilities for installation or assembly and installation on the building site.

Family: One person, or a group of two or more persons living together and interrelated by bonds of blood, marriage, or legal adoption, occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants.

Family Day Care Home (Pursuant to Section 402.302, F.S.): The operation of a residence as a family day care home, as defined by law, registered or licensed with the Department of Children and Family Services shall constitute a valid residential use for purposes of any local zoning regulations, and no such regulation shall require the owner or operator of such family day care home to obtain any special exemption or use permit or waiver, or to pay any special fee in excess of $50, to operate in an area zoned for residential use. (Section 166.0445, F.S.)

An occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

(a)

A maximum of four (4) children from birth to twelve (12) months of age.

(b)

A maximum of three (3) children from birth to twelve (12) months of age, and other children, for a maximum total of six (6) children.

(c)

A maximum of six (6) preschool children if all are older than twelve (12) months of age.

(d)

A maximum of ten (10) children if no more than five (5) are preschool age and, of those five (5), no more than two (2) are under twelve (12) months of age. (Section 402.302, F.S.)

Family Child Care Home, Large: An occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of operation. One of the two full-time child care personnel must be the owner or occupant of the residence. A large family child care home must first have operated as a licensed family day care home for 2 years, with an operator who has had a child development associate credential or its equivalent for 1 year, before seeking licensure as a large family child care home. Household children under 13 years of age, when on the premises of the large family child care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. A large family child care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age:

(a)

A maximum of 8 children from birth to 24 months of age.

(b)

A maximum of 12 children, with no more than 4 children under 24 months of age. (s. 402.302, F.S.)

Family Foster Home: A private residence in which children who are unattended by a parent or legal guardian are provided 24-hour care. Such homes include emergency shelter family homes and specialized foster homes for children with special needs. A person who cares for a child of a friend for a period not to exceed 90 days, a relative who cares for a child and does not receive reimbursement for such care from the state or federal government, or an adoptive home which has been approved by the state or by a licensed child-placing agency for children placed for adoption is not considered a family foster home. (c. 409.175, F.S. [F.S. § 409.175].)

Farmworker(s): A person(s) who has worked twenty-five days or more, earning at least one-half (½) of their income in agricultural work in the last twelve (12) months and was not employed year round by the same employer.

Farmworker Housing: The living accommodations of farm employees and their families, on one (1) lot or parcel without regard to duration, which occurs exclusively in association with the performance of agricultural labor.

Farmworker Housing, Group Quarters: Housing for person(s) working on citrus groves truck farms or ranches/dairies wherein housing is provided by farm/ranch/dairy operation at no charge to the farmworker in a dormitory style.

Farmworker Housing, Migrant: Housing available to farmworkers for rent/monetary consideration.

Farmworker Housing, Resident: One- and two-family dwellings on farms/dairies/ranches made available to farmworkers at no charge to the farmworker.

FDEO (DEO): Florida Department of Economic Opportunity; the arm of the state government that manages growth by protecting the functions of important state resources and facilities.

FDEP: The Florida Department of Environmental Protection.

Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

Fill: Depositing of any materials by any means in any waterbody or wetland.

Filling Station: See Gasoline Sales (No Service).

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land from the overflow of lakes, rivers, or other water bodies, or from the unusual and rapid accumulation of runoff or surface waters from any source. (Also defined in FBC, B, Section 1612.2.)

Flood Damage-resistant Materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.]

Flood Hazard Area. The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]

1.

The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.

2.

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

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

Flood Insurance Rate Map (FIRM): The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]

Flood Insurance Study (FIS): The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.]

Flood Protection Elevation: The elevation of the base flood plus one (1) foot.

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

Floodplain Administrator: The office or position designated and charged with the administration and enforcement of Article 5 (may be referred to as the Floodplain Manager).

Floodplain development permit or approval: An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with Article 5.

Floodway: The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 1612.2.]

Floodway encroachment analysis: An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models.

Floor Area: The total area of all floor space inside of the interior walls of the building and/or all unenclosed surface space utilizing principally for a commercial purpose, excluding required parking and driveway areas.

Florida Building Code: The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

Foster Care Facility: A residential facility, which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such a facility shall not be more than three residents. (c. 393.063, F.S.)

Frontage of a Building: Shall mean the side or wall of a building approximately parallel and nearest to a street. When on a corner, frontage of building shall be determined by the building and zoning director.

F.S.: Florida Statutes.

Functionally dependent use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities.

Garage, Private: An accessory structure designed or used for inside parking of self-propelled private passenger vehicles by the occupants of the main building. A private garage attached to or a part of the main structure is to be considered part of the main use. An unattached private garage is to be construed as an accessory building.

Garden home: See Single-family Attached Dwelling Unit.

Gasoline Sales (No Service)/Gas Station/Filling Station/Convenience Store with Gas: A building and land used or intended for use to dispense, sell, or offer for sale any motor fuels, oils, or automotive accessories, and retail sale of grocery store items; but where no major automotive repair, body rebuilding, welding, tire capping, or painting is or is intended to be performed.

Gas Station: See Gasoline Sales (No Service).

Golf course: Public or private golf course and par 3 courses including clubhouse, parking lots and maintenance facilities.

Grade, Established: The coverage elevation of the public sidewalks around or abutting a plot, or in the absence of sidewalks, the average elevation of the public streets abutting the plot.

Grade, Finished: The finished grade of premises improved by a building is the elevation of the surface of the ground adjoining the building. Where the finished grade is below the level of the established grade, the established grade shall be used for all purposes of this ordinance.

Group Home Facility: A residential facility which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such a facility shall be at least 4 residents but not more than 15 residents. (c. 393.063, F.S.)

Hardship: Conditions peculiar to a property and not the result of the actions of the applicant, previous owners, or physical circumstances.

Hazardous Waste: Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed.

Height of Building: The height of a building shall be the vertical distance measured from the mean level of the finished grade to the level of the highest point of the underside of the finished ceiling line. Where a structure is set back from the street line, the mean level of the finished grade of the premises along the line of that part of the structure nearest the street line may be substituted for the established grade for the purpose of determining the height of a building.

High Recharge Area: Geographic areas designated by a Florida Water Management District where, generally, water enters the aquifer system at a rate of greater than ten inches per year.

Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

Historic Resources: All areas, districts or sites containing properties listed on the Florida Master Site File, the National Register of Historic Places, or designated by a local government as historically, architecturally, or archaeologically significant.

Historic structure: Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11, Historic Buildings.

Home Occupation: An occupation for gain or support conducted solely by immediate members of a family residing in a dwelling, provided no article is sold or offered for sale except as may be produced on the premises by members of the family or used in performance in the service; where no evidence of the home occupation is noticeable from off of the premises except a sign as regulated in Article 4. In general, home occupations shall include, but not be limited to, personal services such as are furnished by a musician, artist, beauty operator, seamstress, home party makeup sales such as Avon or Mary Kay, home party clothing sales, home party appliance sales like Tupperware, home party cleaning product sales like Amway, insurance work, and computer work.

Hospice: A centrally administered corporation or a limited liability company that provides a continuum of palliative and supportive care for the terminally ill patient and his or her family. (400.601, F.S.)

Hospice Residential Unit: A homelike living facility, or other facility licensed under other parts of Chapter 400, F.S. (Nursing Homes and Related Health Care Facilities), or Chapter 395, F.S. (Hospitals), or under Chapter 429, F.S. (Assisted Care Communities), that is operated by a hospice for the benefit of its patients and is considered by a patient who lives there to be his or her primary residence. (Section 400.601, F.S.)

Hotel: A building, or part thereof, in which sleeping accommodations are offered to the public, with no cooking facilities for use by the occupants, and in which there may be a public dining room for the convenience of guests. Access to sleeping rooms shall be through the inside lobby or office.

Hurricane Shelter: A structure designated by local officials as a place of safe refuge during a storm or hurricane.

Impervious Surface: Impervious surfaces shall include all land paved with concrete or asphalt that is used for off-street parking, driveways, sidewalks, patios, and service areas.

Industrial Uses: The activities within land areas predominantly connected with manufacturing, assembly, processing, or storage of products.

Inoperable vehicle: A motor vehicle which does not have a current state license plate; or a vehicle which is licensed but is disassembled or wrecked in part or in whole and is unable to move under its own power.

Isolated Wetland: Any wetland that has no hydrological or vegetative connections with any water of the state as defined in § 327.02(28) F.S.

Junkyard: A place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or closed storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations. Storage of more than three (3) inoperable vehicles constitutes a junkyard.

[Note: An individual who is restoring, not for profit, a classic or antique vehicle, may have 3 inoperable vehicles as long as they are of the same make and model of the vehicle he is restoring.]

Kennel: A facility for the overnight boarding of animals, where outside runs or pens are provided.

Land Development Regulations: Includes local zoning, subdivision, building, and other regulations controlling the development of land. (s. 380.031 F.S. [F.S. § 380.031].)

Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

1.

Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

2.

Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

3.

Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

4.

Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

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

Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

1.

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or

2.

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

3.

Available with special features enabling off-street or off-highway operation and use.

Local Road: A roadway providing service which is of relatively low traffic volume, short average trip length or minimal through traffic movements, and high volume land access for abutting property.

Lodging House: A building, or part thereof, other than a motel or hotel, where sleeping accommodations are provided for hire more or less transiently without provisions for cooking by guests or for meals for guests.

Lot: For zoning purposes, as covered by this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of:

a)

a single lot of record;

b)

a portion of a lot of record;

c)

a combination of complete lots of record of record, complete lots of record and portions of lots of record, or of portions of lots of record;

d)

a parcel of land described by metes and bounds descriptions;

provided that in no case shall any lot or parcel be created which does not meet the requirements of this ordinance.

Low and Moderate Income Families: "Lower income families" as defined under the Section 8 Assisted Housing Program, or families whose annual income does not exceed 80 percent of the median income for the area. The term "families" includes "households."

Low-THC Cannabis: A plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization.

Lowest floor: The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]

Manufactured building: A closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facilities for installation or erection as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures. The term includes buildings not intended for human habitation such as lawn storage buildings and storage sheds manufactured and assembled off site by a manufacturer in conformance with Chapter 553, Part I, Florida Statutes as shown by the proper insignia. This definition does not apply to mobile homes.

Manufactured Home Subdivision: A platted subdivision which includes individual manufactured home lots organized around a common set of amenities, including clubhouse or recreation facilities and common open space.

Housing: Describes both modular and mobile homes since both are manufactured in a plant and trucked to the site. The differences are as follows:

Mobile Home (HUD Home): A residential structure that is transportable in one or more sections, and which is 8 feet (2.4 meters) or more in width, over 35 feet in length with the hitch, built on an integral chassis, and designed to be used as a dwelling when connected to the required utilities, including the plumbing, heating, air-conditioning, and electrical systems contained in the structure (Section 513.01, F.S.). Pursuant to Section 553.36, F.S., a mobile home shall be constructed to standards promulgated by the U.S. Department of Housing and Urban Development (HUD) and must bear the HUD label. This industry is regulated in Florida by the Department of Highway Safety and Motor Vehicles (DHSMV). Upon installation, a mobile home's wheels and axles may be removed, but the integral chassis must stay in place. To be acceptable in Florida, a mobile home must be installed by a manufactured/mobile home installer licensed by DHSMV.

Modular Home (DCA Home): A home that is built in sections (modules) at a factory and assembled on site and is designed, built, permitted and inspected to the Florida Building Code (FBC), and any other design standards the City may adopt which apply to conventional construction, and must be installed on permanent foundations (e.g., poured footers, stem walls and poured piers or engineered slabs, just like site-built homes) that are designed and built specifically for that home by a contractor licensed by the Department of Business and Professional Regulation (DBPR) (it is a violation of Florida Statutes for a mobile home installer to install a modular home). To be acceptable in Florida, a modular home must bear the insignia of the Florida Department of Community Affairs (DCA) on the inside of the cover of the home's electrical panel. They are considered real property when installed on a permanent foundation, and insured as such. Modular buildings may include residential, commercial, institutional, storage, and industrial structures. (See Also Manufactured Building).

(NOTE): A few modular manufacturers continue to produce their homes on a mobile home type chassis (called "on-frame" construction, which is allowed in the FBC) and transport them on wheels and axles just like mobile homes, as opposed to most who construct [without the chassis] on typical floor joist type construction and transport the modules on a flatbed trailer, lifting them into place on site with a crane. No matter the method of construction, the modular home must be installed by a licensed contractor on a permanent foundation, as specified in Chapter 428.4, Florida Building Code (FBC).

Market value: The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this article, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser.

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

Medical Cannabis: All parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient as defined in s. 499.0295.

Medical Marijuana Dispensing Facility: Any property where medical cannabis or low-THC cannabis or Marijuana Delivery Devices are sold, purchased, delivered, or dispensed for medical use by a Medical Marijuana Treatment Center as defined by Section 29, Article X of the State Constitution and as authorized by State law.

Medical Marijuana Treatment Center (MMTC): An entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department. (Term as defined by Section 29, Article X of the State Constitution.)

Minerals: All solid minerals, including clay, gravel, phosphate rock, lime, shells (excluding live shellfish), stone, sand, heavy minerals, and any rare earths, which are contained in the soils or waters of the state.

Mining: The act of taking mineral substances from a pit or excavation in the earth.

Mini-Warehouse: A self-service facility consisting of individual self-contained units used for storage and no other purpose, plus an office/residence for a manager.

Mitigation: Any action, including, but not limited to, restoration, enhancement, or creation of wetlands, required to be taken in order to offset environmental impacts on permitted activities.

Mobile Food Truck: A vehicle which is used to vend food and beverage products and is classified as one (1) of the following:

(1)

Class I—Mobile kitchens. These vehicles may cook, prepare and assemble food items on or in the unit and serve a full menu. These vehicles may also vend the products permitted for class II mobile food trucks.

(2)

Class II—Canteen trucks. These vehicles vend pre-cooked foods, pre-packaged foods, pre-packaged drinks and incidental sales of pre-packaged frozen dairy or frozen water-based food products, fruits and vegetables. No preparation or assembly of food or beverage may take place on or in the vehicle; however, the heating of pre-cooked food is permitted.

Mobile Home: See Manufactured Housing, Mobile Home (HUD Home).

Mobile Home Park: Development site on which mobile homes are installed and organized around a common set of amenities, including private internal roads, clubhouse or recreation facility, and common open space. A mobile home park may not be platted or otherwise divided by fee simple ownership; however, the sale of interests or memberships on a condominium basis is permitted. All facilities, including roads, are privately owned or owned in common by residents of the park.

Motel: A building, or part thereof, in which sleeping, and or living accommodations are offered to the public primarily on a short-term or transient basis, with access to the individual units from the exterior of the building and parking facilities for use of guests near their quarters.

Motor Home: See Recreation Vehicle Unit.

National Register of Historic Places: Established by Congress in 1935, the National Register of Historic Places is a listing of culturally significant buildings, structures, objects, sites, and districts in the United States. The listing is maintained by the U.S. Department of Interior.

Natural Drainage Features: The naturally occurring features of an area which accommodate the flow of stormwater, such as streams, rivers, lakes and wetlands.

New construction. For the purposes of administration of Article 5 and the flood-resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after May 2, 1988, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after May 2, 1988.

Nonconforming Structure: A structure, or portion thereof, existing at the effective date of this ordinance, or any amendments thereto, which was occupied, designed, erected, intended, or structurally altered for a use not permitted at its location by the provisions of this ordinance for a new use, and or which does not conform to all of the regulations applicable to the district in which it is located.

Nursery School: See Child Care.

Nursing Home Facility: Any facility which provides nursing services as defined in Chapter 464, F.S., and which is licensed according to Chapter 400, F.S. Facility means any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services. (c. 400.000 F.S.)

Open Space: Undeveloped lands suitable for passive recreation or conservation uses.

Package Store: A place where alcoholic beverages are dispensed or sold in containers for consumption off the premises.

Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. (§ 380.031 F.S.)

Parking: The term "parking" shall mean the temporary, transient storage of private passenger motor vehicles used for personal transportation, while their operators are engaged in other activities. It shall not include storage of new or used cars for sale, service, rental, or any other purpose other than specified above.

Park Model Recreation Vehicle (Park Trailer): See Recreational Vehicle Unit.

Person: Any individual, group of individuals, firm, corporation, association, organization, or any legal entity.

Places of Public Assembly: Any area, building, or structure where people assemble for a common purpose, such as a social, cultural, recreational, and/or religious purposes, whether owned and/or maintained by a for-profit or not-for-profit entity, and includes, but is not limited to, public assembly buildings such as auditoriums, theaters, halls, private clubs and fraternal lodges, assembly halls, exhibition halls, convention centers, and places of worship, or other areas, buildings, or structures that are used for religious purposes or assembly by persons.

Places of Worship: Any area, building, or structure where people assemble for religious purposes.

Planned Unit Development (PUD)/Planned Development Project (PDP): A form of development usually characterized by a unified site design for a number of housing units, clustering buildings, and providing common open space, density increases, and a mix of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis. It also refers to a process, mainly revolving around site-plan review, in which public officials have considerable involvement in determining the nature of the development. It includes aspects of both subdivision and zoning regulation and usually is administered either through a special permit or a rezoning process.

Plat: A map or drawing depicting the division of land into lots, blocks parcels, tracts, sited, or other divisions set forth in Chapter 177, F.S.

Playground: A recreation area with play apparatus.

Porch: A roofed-over space attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure.

Potable Water Facilities: A system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains.

Public Buildings and Grounds: Structures or lands that are owned, leased, or operated by a government entity, such as civic and community centers, hospitals, libraries, police stations, fire stations, and government administration buildings.

Public Facilities: Transportation systems or facilities, sewer systems or facilities, solid waste systems or facilities, drainage systems or facilities, potable water systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public health systems or facilities.

Recharge Areas: Geographic areas where the aquifer system is replenished through rainfall. Areas of high aquifer recharge are important for the continuation of potable groundwater supplies.

Recreation: The pursuit of leisure time activities occurring in an indoor or outdoor setting.

Recreation Facility: A component of a recreation site used by the public such as a trail, court, athletic field or swimming pool.

Recreation Uses, indoor: Indoor recreation uses include areas for recreation activities, including, but not limited to, aquariums, day or youth camps, community or recreation centers, gymnasiums, libraries or museums, indoor skating rinks, indoor swimming pools, indoor tennis, racquetball, handball courts, and all other institutional, indoor recreation.

Recreation Uses, indoor commercial: This category consists of uses that share land use characteristics such as traffic-generation rates and bulk (buildings) requirements. These uses include, but are not limited to, bowling alleys, dance studios, schools for martial arts, physical fitness centers, private clubs or lodges, movie theater, theaters and auditoriums, and indoor skating rinks.

Recreation Uses, outdoor: Outdoor recreation uses include areas for recreation activities, including, but not limited to, arboretums, basketball courts, boat launching ramps, areas for cycling, docks, fish camps, hiking, and jogging, outdoor nature areas, parks (public or private), picnic areas, piers, playfields, playgrounds, outdoor swimming pools and springs, tennis courts, tot lots, wildlife sanctuaries, and all other outdoor recreation uses. Specifically excluded are outdoor movie theaters, firing ranges, miniature golf courses, golf driving ranges, and marinas.

Recreation Uses, outdoor commercial: This group includes recreation uses that are greater nuisances than conventional outdoor recreation activities because of their size and scale, traffic volumes, noise, lights, or physical hazards such as flying objects or use of weapons. These uses include, but are not limited to, amusement parks, drive-in theaters, fairgrounds, commercial stables, golf driving ranges (including miniature golf), marinas, outdoor theaters (or amphitheaters), race tracks (e.g., auto, dog, go-kart, harness, horse, motorcycle), ranges (skeet, rifle, or archery), sport arenas, and all other outdoor commercial recreation uses.

Recreation Vehicle (RV): See Recreation Vehicle Unit.

Recreation Vehicle Campgrounds: A development designed specifically to accommodate recreation vehicles for overnight or limited vacation-season stays.

Recreation Vehicle Parks: A place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five (5) or more recreational vehicles or tents; the term also includes buildings and sites set aside for group camping and similar recreational facilities. The terms "campground," "camping resort," "RV resort," "travel resort," and "travel park," or any variations of these terms, are synonymous with the term "recreational vehicle park." (Section 513.01, F.S.)

Recreation Vehicle Unit: Those units primarily designed as temporary living quarters for recreation, camping or travel use, which either have their own mode of power or are mounted on or drawn by another vehicle. When traveling on the public roadways of Florida, recreational vehicle units shall comply with the length and width provisions of Section 316.515, F.S., and as that Section may hereafter be amended. Unless stated otherwise, the following definitions are provided in Section 320.01, F.S.:

1.

"Travel trailer": A vehicular Portable unit mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreation, camping, or travel use. It is of a body width not more than eight feet and a body length of no more than forty feet when factory equipped for the road.

2.

"Fifth-Wheel Trailer": A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit, of gross trailer area not to exceed four hundred (400) square feet in the setup mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.

3.

"Camping trailer": A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreation, camping or travel use.

4.

"Truck camper": A truck equipped with a portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters, for recreation, camping, or travel use.

5.

"Motor home": A vehicular unit which does not exceed the length, height, and width limitations provided in F.S. § 316.515 that is built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreation, camping or travel use. Motor homes shall comply with the length and width provisions of Section 316.515, F.S., and as that Section may hereafter be amended. For the purposes of this Code, motor home shall NOT refer to "mobile home" or "manufactured home."

6.

"Park Trailer": A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to U.S. Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. (Section 320.01, F.S.)

7.

"Private Motor Coach": A vehicular unit which does not exceed the length, width, and height limitations provided in Section 316.519(9), F.S., is built on a self-propelled bus type chassis having no fewer than three load-bearing axles, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use.

8.

"Van Conversion": A vehicular unit which does not exceed the length and width limitations provided in Section 316.515, F.S., is built on a self-propelled motor vehicle chassis, and is designed for recreation, camping, and travel use.

Remodeling, Redecorating, or Refinishing: Any change, removal, replacement, or addition to walls, floors, ceilings, and roof surfaces or coverings which do not support any beam, ceiling, floor load, bearing partition, columns, exterior walls, stairways, roofs, or other structural elements of a building or structure.

Residential Uses: Activities within land areas used predominantly for housing.

Restaurant: A building or room, not operated as a dining room in connection with a hotel, where food is prepared, and served for pay for consumption on the premises.

Right-of-Way: Land in which the state, a county, or a municipality owns the fee simple title or has an easement dedicated or required for a transportation or utility use.

Roadway Functional Classification: The assignment of roads into categories according to the character of service they provide in relation to the total road network. Basic functional categories include limited access facilities, arterial roads, and collector roads, which may be subcategorized into principal, major or minor levels. Those levels may be further grouped into urban and rural categories.

Room: An un-subdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.

Rooming House: 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 (10) and more than three (3) rooms are used for the accommodation of such guests or tenants, but which does not maintain a public dining room or cafe in the same building, nor in any building connected therewith.

Rowhouse: See Single-Family Attached Dwelling Unit.

Sanitary Sewer Facilities: Structures or systems designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants and disposal systems.

Seasonal Population: Part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population shall include tourists, migrant farmworkers, and other short-term and long-term visitors.

Septic Tank: A watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system. (Chapter 10D-6 FAC.)

Service Garage: See Automotive Repair, Major.

Service Station: Includes activities listed under "Gasoline Sales (No Service)," plus: activities conducted at a service garage including the sale of any motor fuels, oils, or automotive accessories and maintenance or small-scale mechanical work on motor vehicles. This shall include inspection, maintenance, repair or replacement of the following: brake systems; ignition and electrical systems; carburetors and fuel systems; batteries; oil, antifreeze and other fluids; and, tires. Also included are auto washing and detailing, and the tuning and adjustment, but not disassembly or removal, of engines and transmissions.

Setback: The distance between a street right-of-way line and the front building line of a principal building or structure, projected to the side lines of the lot, and including driveways and parking areas except where otherwise restricted by this ordinance.

Single-Family Attached Dwelling Unit: Residential dwelling unit designed and constructed to meet Standard Building Code requirements for single-family attached structures, sharing a common side wall with at least one other unit, and having a designated yard and entrance that are not shared with other units. Such units shall be built only on property that is platted according to applicable subdivision regulations provided in Section 7.05.00. This definition includes cluster development, garden homes, townhomes, rowhouses, zero lot line homes and z-lot development.

Site Development Plan: A plan, drawn to scale by a licensed professional engineer, showing uses, structures and all other physical features proposed for a development site. It includes lot lines, streets, building sites, parking spaces, walkways, reserved open spaces, easements, buildings, and major natural and man-made landscape features, and other pertinent information, per Section 7.04.00 of this Code.

Site Plan Review: The process whereby local officials review the site plans and maps of a developer to assure that they meet the stated purposes and standards of land development regulations, provide for the necessary public facilities, and protect and preserve topographical features and adjacent properties through appropriate siting of structures and landscaping.

Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1 A30, AE, A99, AH, V1 V30, VE or V. [Also defined in FBC, B Section 1612.2.]

Solid Waste: Includes garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, sludge, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. (§ 403.703, F.S.)

Solid Waste Facilities: Structures or systems designed for the collection, processing or disposal of solid wastes, including hazardous wastes, and includes transfer stations, processing plants, recycling plants, and disposal systems. (§ 9J-5.003 F.A.C.)

Special Needs Housing: Facilities that provide 24-hour care, services and housing in an institutional or residential setting for adults and/or children with conditions, disabilities or circumstances that qualify them for short- or long-term housing and care. Such facilities include, but are not limited to: Adult Family-Care Home, Assisted Living Facility, Family Foster Home, Foster Care Facility, Group Home Facility, Hospice Residential Unit, Nursing Home Facility, and other similar facilities and homes; all of which are defined elsewhere in this Article.

Start of construction: The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns.

Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 1612.2.]

Stormwater: The flow of water which results from a rainfall event.

Street: A thoroughfare used for public foot and vehicular traffic other than an alley as herein defined, shall be deemed a street.

Street Line: The line between the street and abutting property as determined by the City engineer.

Structure: Anything constructed or installed which is rigidly and permanently attached to the ground or to another object which is rigidly and permanently attached to the ground. This shall include but not be limited to supporting walls, signs, screened or unscreened enclosures covered by a permanent roof, swimming pools, poles, and pipelines.

Substantial damage: Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.]

Substantial improvement: Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.]

1.

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2.

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

SWFWMD: The Southwest Florida Water Management District.

Townhome: A design term, referring to the physical form of more than two single-family attached homes with a ground floor entry. Also, see Single-Family Attached Dwelling Unit.

Travel trailer: See Recreation Vehicle Unit.

Truck camper: See Recreation Vehicle Unit.

Urban Sprawl: Scattered, untimely, poorly planned urban development that occurs in urban fringe and rural areas and frequently invades lands important for environmental, agricultural and natural resource protection. Urban sprawl typically manifests itself in one or more of the following ways: 1) leapfrog development; 2) ribbon or strip development; and 3) large expanses of low-density, single-dimensional development.

Used Car Lot: A lot or group of contiguous lots, used for the display and sale of used automobiles and where no repair work is done, except the necessary reconditioning of cars to be displayed and sold on the premises. Hard dustless material with proper drainage and designed with regard to pedestrian safety and producing excessive glare.

Variance: A modification of the zoning ordinance regulations when such variance will not be contrary to the public interest, and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. A variance is authorized only for height, area, size of structure or size of yards and open spaces, or other dimensional requirements. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall the variance be granted because of the presence of nonconformities in the zoning district or classification or in the adjoining zoning districts or classifications. A variance is also authorized to grant relief from the requirements of Article 5, or the flood-resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by Article 5 or the Florida Building Code.

Vegetative Communities: Ecological communities, such as coastal strands, oak hammocks, and cypress swamps, which are classified based on the presence of certain soils, vegetation and animals.

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. In order for a nonconforming use to earn the right to continue when the zoning is changed, the right must have been vested before the change. If the right to complete the development was not vested, it may not be built, no nonconforming use will be established, and the new regulations will have to be complied with.

Veterinary Clinic: Facility for the treatment of animals where all animals are kept within a completely enclosed structure. No outside runs or pens are allowed. When in conjunction with a kennel, the regulations for kennels shall apply.

Watercourse. A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.

Water-Dependent Uses: Activities which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for: waterborne transportation including ports or marinas; recreation; electrical generating facilities; or water supply.

Water Recharge Areas: Land or water areas through which groundwater is replenished.

Water-Related Uses: Activities which are not directly dependent upon access to a water body, but which provide goods and services that are directly associated with water-dependent or waterway uses.

Water Wells: Wells excavated, drilled, dug, or driven for the supply of industrial, agricultural or potable water for general public consumption.

Wetlands: Lands which are identified by being inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The definition includes all contiguous and noncontiguous or isolated wetlands to waters, water bodies, and watercourses. Wetlands include, but are not limited to, swamp hammocks, hardwood hybrid hammocks, riverine cypress, cypress ponds, bayheads, bogs, wet prairies and freshwater marshes. Dominant wetland vegetation shall be determined as provided in Rule 17-301.400, F.A.C.

Wetland Vegetation: Vegetation identified as wetland species in Rule 17-301.400 Florida Administrative Code.

Xeriscaping: Any water conserving landscaping technique that takes into account sunlight intensity, soil conditions and the use of drought tolerant vegetation for the purpose of providing an alternative to the traditional turf grass dominated lawn.

Yard: An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.

Yard Encroachments:

a.

Sills or bolt courses may not project over 12" into required yard.

b.

Cornices, caves, gutters, movable awnings may not project over 3 feet into required yard. If yard is less than 5 feet, projection shall not exceed one-half of yard.

c.

Chimneys, fireplaces, pilasters may not project over 2 feet into required yard.

d.

Fire escapes, stairways, balconies where unroofed and unenclosed may not project over 5 feet into rear yard or 3'8" into side yard of a multiple-family dwelling.

e.

Hoods, canopies, marquees may not project over 3 feet into required yard. They may not be closer than one foot to any lot line.

Z-lot development: See Single-family Attached Dwelling Unit.

Zero Lot Line: A development approach in which a building is sited on one or more lot lines with no yard. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. Virtually all zoning ordinances retain yard requirements; where zero lot line developments have been permitted, they have been handled through variances or planned unit development procedures, or other devices which allow for site plan review. The few ordinances which specifically authorize the zero lot line approach do so as an exception to prevailing regulations and under clearly defined circumstances.

(Ord. No. 2016-05, exh. A(art. 9), 5-10-2016; Ord. No. 2017-09 , § 2(exh. A), 11-14-2017; Ord. No. 2019-02 , § 3, 11-12-2019)