Accessory dwelling unit: A residential living unit that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single family dwelling it accompanies.

Accessory structure: A building or other structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building.

Accessory use: A use of land or of a structure customarily incidental and subordinate to the principal use and carried out on the same land as the principal use.

Adequate capacity: Sufficient levels of service for public services and infrastructure such that the approval of a development permit or development order does not significantly impact such services.

Adult entertainment establishment/use: A use which is distinguished or characterized by an emphasis on materials depicting, describing or relating to specified sexual activities or specified anatomical areas either by observation or participation by the patrons or employees of that use and includes adult arcades, adult bookstores, adult entertainment establishments, adult motels/hotels, adult photographic studios, adult theaters (including motion picture theaters, drive-in or live performances upon stage), adult physical culture establishments and adult special cabarets. A place will not be considered an adult entertainment use if it is an "incidental adult materials vendor." The following additional definitions are included pursuant to this category:

Adult: A human being who has attained the age of 18 years; a human being who is not a minor.

Adult arcades: Any establishment or place in or to which the public is permitted or invited, which excludes minors by virtue of age, wherein coin-operated or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to one or more persons per machine at any one time, and where the images so displayed have as their primary or dominant theme the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstores: Any establishment which excludes minors by virtue of age having as a substantial or significant portion of its stock in trade such as books, magazines, films, newspapers, photographs, paintings, drawings, or other publications or graphic media, which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such materials and from which segment or section minors are excluded by virtue of age; however, a place will not be considered an adult bookstore if it is an "incidental adult materials vendor."

Adult motels/hotels: Any motel, hotel, boarding house, rooming house or other lodging place which includes the term "adult" in any name it uses and otherwise advertises the presenting of closed circuit television transmissions, films, videos, motion pictures, or other visual materials having as it primary or dominant theme the depicting or describing of specified sexual activities or specified anatomical areas, for observation by patrons of such establishment and where the renting, letting, leasing or providing of such establishment is for pecuniary gain and for a period of short duration not normally or customarily equated to the renting, letting, leasing or providing of such accommodations by other motel/hotels which is typically for a 24-hour period less the time for cleaning and maintenance after checkout by a patron.

Adult photographic studios: Any establishment, which excludes minors by virtue of age, which offers or advertises the use of its premises for the purpose of photographing or exhibiting specified sexual activities or specified anatomical areas.

Adult physical culture establishments: Any establishment, which excludes minors by virtue of age, which offers or advertises massage, body rubs or physical contact with specified anatomical areas, whether or not licensed. Establishments which routinely provide medical services by state licensed medical practitioners or technicians licensed by the state to operate medical or electrolysis equipment shall be excluded from the definition of adult physical culture establishments.

Adult special cabarets: any bar, lounge, bottle club ("bring your own" or bottle provided), dance hall, restaurant, or other place of business which features dancers, "go go" dancers, exotic dancers, strippers, male or female impersonators, or other entertainers, waiters or waitresses, that either engage in specified sexually activities or display specified anatomical areas, or any such establishment which advertises for, or has a sign or signs identifying or using the words "topless," "nude," 'bottomless," or other such works of a similar import, and which establishments excludes minors by virtue of age.

Adult theaters: Any establishment, which excludes minors by virtue of age, located in an enclosed theater, building or an enclosed space within a building or an open air theater whether designed to permit viewing by patrons seated in or on vehicles, or on chairs, benches, stools or other like items, which presents either filmed or live plays, dances, or other performances, either by individuals or groups, distinguished or characterized by an emphasis on material depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation or participation by patrons or employees therein.

Incidental adult materials vendor: Applies to an establishment or a place if, and only if:

1.

At all times, not more than ten percent of the business stock, as measured in relation to total gross floor area of the business, is devoted to books, magazines, films, newspapers, photographs, paintings, drawings, or other publications or graphic media, which are distinguished or characterized by other emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, which materials will hereinafter be referred to as "adult materials"; and

2.

Such establishment, place or business provides to the PCD within three working days of the request therefor, such information as may be required to determine whether more than ten percent of the business stock is devoted to such adult materials; and,

3.

All adult materials are kept in a location where no portion is visible to the public and said materials are not available to the patrons of such place as a self-service item; and no adult materials are sold, rented or displayed to minors, but only to adults.

Specified anatomical areas: The term shall mean:

1.

Less than completely and opaquely covered human genitals or pubic region, human buttocks, human female breasts below a point immediately above the top of the areola, and shall include the entire lower portion of the female breast, but shall not be interpreted to include any portion of the cleavage of the breast normally exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not also exposed; and

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities: This term shall mean and include:

1.

Human genitals in a state of sexual stimulation or arousal; and

2.

Lagellation, frottage, homosexuality (including lesbianism), masochism, masturbation, necrophilia, pederasty, sodomy, urolagnia, or zooerasty; and,

3.

Acts of human adamitism, analingus, bestiality, cunnilingus, coprophagy, coprophilia, erotic bondage, fellatio (fellation), fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Alcove: A recessed space within a shop front frontage where the façade is aligned with the frontage line thereby creating a covered functional space.

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

Amenity development option: A proposed special development option to be incorporated into the zoning revision. This alternative development option will provide a broader range of development alternatives (beyond underlying zone requirements of height, bulk, setback, etc. requirements) to land developers in exchange for provisions of additional community benefits (added parkland, open space, etc.), over and above what is regulated.

Amusement establishment—Indoor: An establishment which provides indoor amusement or entertainment including such activities as dance halls; studios; theatrical productions; bands, orchestras, and other musical entertainment; bowling alleys and billiards and pool establishments; commercial sports arenas; game parlors and expositions.

Amusement establishment—Outdoor: An establishment which provides outdoor amusement or entertainment including such activities as theatrical productions; bands, orchestras and other musical entertainment; commercial sports such as arenas, rings, racetracks, public golf courses; amusement parks, swimming pools and drive-in theaters.

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

Artisan workshop/gallery: A workspace principally used for the preparation and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items.

Auction house: A retail business engaged in the public sale of property to the highest bidder.

Automotive parking establishment: A premises which provides parking facilities for automobiles for short periods of time normally for a fee.

Automotive sales/rental establishment: Any building, land area or other premises used for the display and sale or rental of new or used automobiles, panel trucks or vans and including any repair service conducted as an accessory use.

Automotive service station: A retail business for the dispensing or sale of vehicular fuels; and including the sale and installation of lubricants, tires, batteries, and similar accessories; maintenance, servicing, repair and painting of vehicles.

Automotive specialty establishment: A retail business engaged in selling new or used travel trailers, mobile homes, motorcycles and similar products and related new parts and accessories.

Base flood: The flood having a one-percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE): The elevation for which there is a one-percent chance in any given year that flood levels will equal or exceed it. The BFE is determined through statistical analysis for each local area and designated on the flood insurance rate maps.

Bed and breakfast establishment: A residential dwelling which is tourist-oriented, in which overnight lodging and breakfast is provided by the resident owner or operator.

Berm: A mound of earth, or the act of pushing earth into a mound, and typically utilized to control the direction of water flow and provide a shield or buffer.

Block: The aggregate of private lots, passages, rear lanes and alleys, circumscribed by thoroughfares.

Block face: The aggregate of all the building facades on one side of a block. The block face provides the context for establishing architectural harmony.

Boarding house: A dwelling or part thereof in which lodging is provided by the owner or resident manager.

Bottle club: See Lounge

Buffer: A strip of land that physically separates two or more different land uses or lots by providing space between the two uses or lots. A screen may or may not be located on a buffer.

Build-to line, street: Building setback distance varying by zone (district) designation that is measured from the property line abutting a street at which point a building must be placed. For corner lot scenarios, the director shall have the authority to determine the applicability of a street build-to line and/or side street build-to line.

Build-to line, side street: Building setback distance applying to corner lots that varies by zone (district) designation and that is measured from the property line abutting a street at which point a building must be placed. The director shall have the authority to determine the applicability of a street build-to line and/or side street building.

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

Building configuration: The form of a building, based on its massing, private frontage and height.

Building disposition: The placement of a building on its lot.

Building function: The uses accommodated by a building and its lot. Building functions (uses) are categorized.

Building height: The vertical distance measured from the required first floor elevation to the highest point of the building. Generalized building heights shall be categorized as follows:

High-rise .....75.1 feet and higher

Mid-rise .....45 feet to 75 feet

Building line: A line drawn parallel to the front lot line extending from side lot line to side lot line and touching the principal building at the point where the building is closest to the front lot line.

Building material establishment: A retail business selling building materials such as lumber, paint, tools, electrical supplies and other hardware items.

Building official: An agent of the City of Bradenton authorized to permit, inspect, approve or deny construction within the city.

Building type: A structure category commonly determined by function, disposition on the lot, and configuration, including frontage, height.

Business frontage: The length of the front of a building devoted to a particular business.

Business service: See Domestic service.

Business and training school: An establishment primarily engaged in furnishing non-academic instruction and trade courses including, but not limited to, secretarial, beauty, dance, martial arts, gymnastic and music schools.

Carwash: A retail establishment which washes, waxes and/or polishes automobiles. For the purpose of these LURs this category includes automobile detailing.

Catering establishment: A premises where food or drink is prepared for retail sale elsewhere.

Cemetery: A burial place or grounds.

Christmas tree lot: A temporary outdoor sale which is held on private property and does not use public property or right-of-way for sale of Christmas trees.

Club: A premises used by an organization or membership for activities including assemblies, parties, sports, recreation, games, and eating and drinking.

Commercial vehicle: Any vehicle which meets or exceeds one or more of the following:

(a)

Has a gross vehicle weight of 10,000 pounds/five tons as determined using vehicle specifications;

(b)

Has a width of eight feet, as determined using vehicle specifications (excluding side mirrors and wheel wells/fenders);

(c)

Has a height of ten feet as measured from the ground to the highest point of the vehicle (excluding air conditioning units or other similar accessories);

(d)

Has a length of 24 feet as measured using vehicle specifications, or as described below;

(e)

Is designed to transport more than 15 passengers, including the driver;

(f)

Displays a sign, as defined in this chapter, larger than four square feet in area;

(g)

Displays, either fixed or temporary externally mounted equipment, such as ladders or lawn care equipment, or displays fixtures or brackets necessary to carry such equipment; or

(h)

Is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended (49 U.S.C. Section 1801 et seq.).

Notwithstanding the foregoing, recreational vehicles, boats and trailers shall not be considered commercial vehicles.

Common pet: Any animal other than domesticated live stock, endangered, dangerous or exotic "species", commonly kept at a residence for non-commercial enjoyment.

Community impact report (CIR): Where required by these land use regulations, a CIR shall be submitted as part of an application. Depending upon the specific circumstances of an applicant's proposal, as determined by the PCD director, a CIR may include any or all of the following studies: 1) visual impact analysis; 2) land use assessment; 3) traffic study; 4) environmental impact assessment; 5) archaeological/historical assessment; 6) area impact assessment; or 7) hurricane evacuation analysis.

Comparison goods store: An establishment primarily engaged in the retail sales of merchandise not including food, beverages or drugs directly to ultimate consumers.

Compatible: Being similar, well balanced or harmonious, capable of being in accord with others.

Compatibility standards: Development regulations established to minimize the effects of commercial, industrial, or intense residential development on nearby residential property.

These standards usually include:

• Regulation of building height;

• Minimum and maximum building setbacks;

• Buffers;

• Building design;

• Controls to limit the impact of lighting on adjacent properties.

Congregate living facility: A group care facility which provides for periods exceeding 24 hours one or more personal services for seven or more adults.

Congregate living home: A group care home which provides for periods exceeding 24 hours one or more personal services for up to six adults.

Context: Surroundings, including a combination of architectural, natural and civic elements that define specific neighborhood or block character.

Construction service establishment: The office of a business engaged in the fabrication, construction, addition, alteration, repair or development of land or structures. The business may include the storage of equipment and materials used in that business. This category includes building contractors such as plumbers, electricians, mechanical contractors, and similar businesses.

Convenience store: An establishment primarily engaged in the retail selling of merchandise including food, beverages or drugs not consumed on the premises and sold directly to ultimate consumers. Included in this category are stores selling groceries, drugs, alcoholic beverages, toiletries and sundries.

Corridor: A linear geographic system incorporating transportation and/or greenway elements.

Crematory: See Mortuary.

Cultural facility: Establishments such as museums, art galleries, botanical and zoological gardens of an historic educational or cultural interest.

Day: As used in these LURs refers to a working day, unless otherwise indicated.

Day care center: An establishment licensed by the State of Florida which provides care and supervision for 11 or more children or seven or more adults for periods not to exceed 24 hours.

Day care home: A family day care home, licensed by the State of Florida, as described in F.S. § 402.302(5), allowing up to ten children, exempt from zoning requirements.

Density: The number of dwelling units within a standard measure of land area, usually units per acre.

Design speed: The velocity at which a thoroughfare tends to be driven without the constraints of signage or enforcement. There are generally four ranges of speed: Very low (below 20 mph); low (20 to 25 mph); moderate (25 to 35 mph); and high (above 35 mph). Lane width is determined by desired design speed.

Development: Any man made change to improved or unimproved real estate, including, but not limited to, building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or permanent storage of materials.

Development of regional impact (DRI): A large development requiring regional review pursuant to F.S. ch. 380.

Domestic/business service: An establishment which is engaged in service, repair or rental of equipment or merchandise used by individuals or businesses or which provides a service to individuals or businesses. This category includes, but is not limited to, appliance repair, reupholstery, repair of bicycles, locks, guns, musical instruments; repair and service of business machines, disinfecting and exterminating, and janitorial services, or rental of the above.

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

Downtown pedestrian area: The recognized urban pedestrian boundary of downtown Bradenton consisting of those areas between 9th Avenue West to the south, the Manatee River to the north, 10th Street West to the east, and 12th Street West to the west, inclusive of both sides of the street, and including all of Barcarrota Boulevard.

Drive-in theater: An open lot with facilities for the showing of motion pictures to patrons seated in automobiles.

Driveway: A vehicle lane within a lot, usually leading to a garage.

Dry cleaning plant: See Laundry and dry cleaning plant.

Duplex: See Dwelling, two-family.

Dwelling: A structure or portion thereof which is used exclusively for human habitation.

Dwelling, single-family: A building containing one dwelling unit and occupied by not more than one family.

Dwelling, attached: A one-family dwelling attached to two or more one-family dwellings by common vertical walls.

Dwelling, detached: A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

Dwelling, multi-family: A dwelling containing more than two dwelling units.

Dwelling, semidetached: A one-family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling located on a separate lot.

Dwelling, townhouse: A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.

Dwelling, triplex: A dwelling containing three dwelling units, each of which has direct access to the outside or to a common hall.

Dwelling, two-family: A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

Dwelling unit: One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Easement: A grant of one or more of the property rights by the property owner and/or for use by the public, a corporation or another person or entity.

Educational facility: An establishment primarily engaged in furnishing academic courses and technical instruction.

Elevated building: A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or sheer walls.

Emergency Shelter: A group care facility which provides, for an average maximum period of 30 days per person, room, board, protection and supervision, preplacement screening or counseling for three or more abused, abandoned or neglected persons. Services provided shall not include intensive medical or psychological treatment.

Emergency shelter home: An owner-occupied group care home which provides, for an average maximum period of 30 days per person, room, board, protection and supervision, preplacement screening or counseling for no more than two abused, abandoned or neglected persons. Services provided shall not include intensive medical or psychological treatment.

Enfront: To place an element along a frontage line, as in "porches enfront the street."

Entrance, principal: The main point of pedestrian address into a building.

Façade: The exterior wall of a building that is set along a street build-to line or side street build-to line.

Farm supplies and equipment establishment: A retail business selling hardware, machinery and materials used in farming industries.

Flat(s): Dwelling unit(s) that consists of a single-floor level.

Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland or tidal waters;

2.

The usual and rapid accumulation or runoff of surface waters from any source.

Flood insurance rate map (FIRM): An official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard area and the risk premium zones applicable to the community.

Flood insurance study: The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.

Floodway: The channel of a river or other 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 foot.

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

Floor area ratio (FAR): Floor area ratio is defined as the total building floor area divided by the total land area of the site and is limited to non-residential uses not including parking, public atriums, and/or indoor plazas and courtyards.

Florida Nomination Proposal: A preliminary proposal list of historic or archaeological sites for obtaining National Register status.

Form based zoning: A method of land use regulation characterized by 1) emphasis on form regulations (building size, location, appearance) and 2) prescriptive rules (what a community does want to see built). Form based zoning focuses on established bulk regulations to solve the Euclidian "problem" of use separation. Form codes are designed to provide more flexibility than conventional codes to promote development in largely built out communities. These codes work well in established communities because they effectively define and codify a neighborhood's existing characteristics or they can implement new building types when a radical change is desired.

Fraternity house: See Boarding house.

Freestanding ice vending machine: An automated, freestanding modular unit which produces, stores, and dispenses ice to a consumer for a fee.

Frontage type: Site and/or building design feature that interfaces between public (or semi-public) and private spaces. The interface occurs physically according to horizontal and vertical parameters with a principal purpose of identifying and mediating access to a building entry point. (discuss developing frontage types)

Funeral home: See Mortuary.

Garbage: Animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking and serving of foods, and any unwanted or discarded material, including waste material with insufficient liquid content to be free flowing.

Grade: The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

Group care facility: A facility housing seven or more persons for the purpose of providing care and frequently health care and counseling. This category includes congregate living facilities, emergency shelters, recovery homes and residential treatment facilities as defined herein and licensed by the State of Florida Department of Health and Rehabilitative Services [Department of Children and Families].

Group care home: A home housing six or less persons for the purpose of providing care and frequently health care and counseling. This category includes congregate living homes and emergency shelters as defined herein and licensed by the State of Florida Department of Health and Rehabilitative Services [Department of Children and Families].

Hazardous materials: Substances which may pose danger such as combustion, explosion or emission of noxious fumes, radioactivity or electromagnetic interference. This category includes, but is not limited to, the following: inorganic mineral acids of sulfur, flourine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; coal, tar acids such as phenol and cresols and their salts and all radioactive materials.

Health services establishment: Primarily engaged in furnishing medical, surgical, or other services to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental laboratories, outpatient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services.

Heating and fuel establishments: A retail business selling fuel, such as oil, bottled gas or wood.

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

Historic structure: Any building or structure originally constructed 65 or more years prior.

Home business: An accessory use of a single-family residential structure that consists of more intense uses than a home occupation, including, but not limited to, client visitation, commercial deliveries, intensity of use, and activities that occur that are not typical of residential-only districts.

Home occupation: A business which is carried out in a residence which does not have any outward appearance or indication of business activity, including, but not limited to client visitation, signs, deliveries, noise or fumes, etc.

Hospital: An institution providing health services and medical and surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical and neutral conditions and frequently including related facilities such as laboratories, outpatient facilities or training facilities.

Hotel: A building containing rooms intended or designed to be used or that are used, rented or hired out to be occupied or that are occupied for sleeping purposes by guests, and may include restaurants, meeting rooms, recreation facilities, laundry and maid services.

Household, item(s): Furniture, appliances, floor coverings, bedding or other goods and materials commonly associated with residential living.

Ice plant: A retail business of manufacturing and selling ice.

Impervious surface: A surface that does not permit the absorption of fluids. As a land use term, impervious surface means any surface such as roads, rooftops, patios, or parking lots that does not allow water to soak into the ground. Impervious surfaces result in runoff from the surface in greater quantities and/or an increased rate when compared to natural conditions prior to development.

Independent Unit: A dwelling unit within a group care facility.

Infill: Developing on an empty lot(s) of land within an otherwise developed area of the city. Infill development fills a void between two existing structures.

Junkyard: Any area, lot, land, parcel, or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.

Kennels, animal boarding: Any structure or premises in which animals are kept, boarded or trained for commercial gain, excluding veterinary services for ill dogs, cats, or other domestic animals.

Laundry and dry cleaning plant: A business which launders and cleans clothing, linens, draperies and other fabric and leather goods and which may have retail facilities, but primarily services other businesses on a contract basis.

Level of service (LOS): An indicator of the extent or degree of service provided by or proposed to be provided by a facility based on the operational capacity of the facility.

Level of service D: A roadway condition where 75 to 90 percent of the roadway capacity is used at peak hour.

Liner building: A building designed to mask a parking lot or a parking garage from a frontage.

Loft: Dwelling unit that contains the volume of two stories but where the second floor typically consists of less floor area than the first; as in a mezzanine.

Lot: A parcel of land under one ownership occupied by or to be occupied by one principal building and its accessory structures and including the open spaces and yards required under these LURs.

A.

Lot line. A boundary dividing a lot from a right-of-way, adjoining lot or other adjoining tract of land:

1.

Front lot line. The lot line abutting a street right-of-way line.

2.

Rear lot line. The lot line opposite the front lot line.

3.

Side lot line. Lot lines other than the front or rear lot lines.

B.

Corner lot. A lot which abuts on two or more intersecting streets at their intersection. Corner lots shall have two front and two side yards.

C.

Double frontage lot. Any lot other than a corner lot which abuts on two streets.

D.

Lot of record. A lot which is duly recorded in the office of the clerk of the circuit court.

Lot width: The length of the principle frontage lot line.

Lounge: An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquor may be served or sold only as accessory to the primary use.

Mangrove stand: An assemblage of mangrove trees which is mostly low trees noted for copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia germinans); red mangrove (Rhizophora mangle); white mangrove (Laguncularia racemosa); and buttonwood (Conocarpus erecta).

Manufactured home: A structure, transportable in one or more sections, which is built on a permanent foundation when connected to the required utilities

Manufacturing—Light: Establishments which are engaged in the mechanical or chemical transformation of non-hazardous material or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors, and which do not engage in any outdoor or open storage. For the purpose of these LURs, this category includes publishing and printing plants.

Manufacturing—Heavy: Establishments which are engaged in the mechanical or chemical transformation of hazardous or non-hazardous material or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors, and which may engage in outdoor or open storage.

Marina: A facility for storing, servicing, fueling, berthing and securing of pleasure boats and which may include eating, sleeping and retail facilities for owners, crews and guests.

Marine establishment: A retail business selling boats, parts and accessories and/or providing repair and service.

Marine supplies and equipment establishment: A retail business selling hardware, machinery and materials used in marine industries.

Mean sea level: The average height of the sea for all stages of the tide as established by the National Geodetic Vertical Datum of 1929.

Medical offices: See Health services establishment.

Mixed use development: The development of a tract of land or building or structure with two or more different uses, such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment, in a compact urban form.

Mobile home: A transportable structure which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities that does not conform to the United States Department of Housing and Urban Development Code (HUD Code) or the local building code.

Mortuary: An establishment primarily engaged in preparing the dead for burial, conducting funerals and cremating the dead and including emergency ambulance service.

Motel: A building or group of detached, semidetached, or attached buildings on a lot containing guest dwellings, each of which has a separate outside entrance leading directly to rooms, with a garage or parking space conveniently located with each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients.

Motor freight terminal: A premises used as a base for the transportation of goods by truck and including merchandise storage facilities and vehicle maintenance facilities incidental to the business.

National Register of Historic Places: The official list, established by the National Historic Preservation Act, of sites, districts, building, structures and objects significant in the nation's history or whose artistic or architectural value is unique.

New construction: Structures for which the "start of construction" commenced on or after the effective date of these LURs.

Newsrack: Any stand-alone, self-service, or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale or free dispensing of newspapers or other periodicals.

Newsrack, modular: A self-service distribution system for newspapers or other periodicals, designed to allow individual pockets to be attached in uniform fashion, and stacked vertically or horizontally.

Neighborhood: An urbanized area[of] at least one acre that is primarily residential. A neighborhood shall be based upon a partial or entire standard pedestrian shed. The physical center of the neighborhood should be located at an important traffic intersection associated with a civic or commercial institution.

Non-conforming development standard: The dimensions of a lot, or a building, structure, or other lot feature (such as, but not limited to, parking, lot coverage, green space, etc.) located on the lot that was lawful when established but no longer conforms to the requirements of the zone in which it is located as set forth in the zoning ordinance, because of adoption of a zoning amendment or comprehensive zoning revision. The term "non-conforming development standard" is a broad category and can apply to 1) a non-conforming lot, 2) a non-conforming structure, and 3) a non-conforming lot feature. There are particular considerations with regard to each type of development standards.

Non-conforming lot: A lot which met the dimensional requirements for the zone in which it is located at the time of subdivision but which does not meet the current regulations for lot area, width, depth or access.

Non-conforming lot feature: One type of non-conforming development standard, which includes development regulations outside of structural requirements. Examples of lot features include, but are not limited to, parking, landscaping, screening, access, and lighting.

Non-conforming structure: A building located on a lot which does not conform to bulk regulations established in the zoning ordinance, such as setback, height, encroachment, in addition to any applicable architectural requirements.

Non-conforming use: Any use lawfully existing at the time of adoption of this Code, or any subsequent amendment thereto, which does not conform to one or more provisions of this Code.

Non-substantial text change: A revision or update to existing language in these LURs that does not affect the adopted intent or meaning of a word, sentence, paragraph, or section, create less or additional requirements for a standard, rule, section or other requirement, or creates new standards or requirements within any section. Such changes may include scrivener's errors, formatting, updates, text clarification, and abbreviations.

Nursing home: Any facility which is licensed according to F.S. §§ 400.011 through 400.34; including, but not limited to, skilled nursing facilities and intermediate care facilities.

Occupancy: Any one business, activity or professional office.

Office: A room or group of rooms used for conducting the affairs of a business, professional, service, industry or government. (For medical office see Health services establishment.)

Open space: A portion of a lot that is set aside for public or private use and will not be developed. The space may be used for passive or active recreation, or may be reserved to protect or buffer natural areas.

Outdoor display: The keeping in an unroofed area of any goods, junk material, merchandise or vehicles in the same place for less than 24 hours.

Outdoor sales: The retail sale of merchandise which is not consumed on the premises and which is not within a building and is on a permanent basis. This category includes, but is not limited to, vegetable markets, flea markets.

Outdoor storage: The keeping in an unroofed area of any goods, junk material, merchandise or vehicles in the same place for more than 24 hours.

Out-parcel: A lot which is created by division, by subdivision or sale of a larger parcel containing a shopping center or other integrated development and which is intended for independent ownership and/or development.

Overlay district: An area of a city where additional regulations are applied to the underlying zoning regulations in order to protect certain features or to encourage a particular type of development. (Imagine a blanket covering a couch. The couch is still there but you also have the blanket too.) Overlay districts may cover all or part of one or several traditional zones. Districts are designated on a zoning map. Where there is a conflict between overlay and underlying zoning standards, the overlay standards will apply because they are stricter

Parapet: A vertical false front or wall extension above the roof line.

Parcel: See Lot.

Park: A tract of land designed for active or passive recreational use.

Parking garage: An establishment or facility (two stories or more) for the temporary parking or storage of motor vehicles. Parking structures are encouraged to have liner buildings at the first story, or higher as applicable.

Passage: An at-grade pedestrian connector passing between buildings, providing shortcuts through long blocks and connecting rear parking areas to frontages.

PCD director: The governmental officer charged with administering the city's comprehensive plan, LURs, growth management strategy, development permitting, public housing and grant assistance programs, and other land development initiatives. The PCD director is also the director of the department of planning and community development, or designee.

Peak hour: The hour having the largest traffic volume occurring during a 24 hour period based upon annual averages.

Pedestrian-scaled: Development designed so a person can comfortably walk from one location to another, encourages strolling, window-shopping, and other pedestrian activities, provides a mix of commercial and civic uses (offices, a mix of different retail types, libraries and other government and social service outlets), and provides visually interesting and useful details such as:

• Public clocks;

• Benches;

• Public art such as murals and sculptures;

• Shade structures such as canopies and covered walkways;

• Decorative water fountains;

• Drinking fountains;

• Textured pavement such as bricks or cobblestones;

• Shade trees;

• Interesting light poles;

• Trash bins;

• Covered transit stops;

• Street-level retail with storefront windows.

Pedestrian shed: An area, approximately circular, that is centered on a common destination. A pedestrian shed is applied to determine the approximate size of a neighborhood. The outline of the shed must be refined according to the actual site conditions, particularly along thoroughfares. The common destination should have the present or future capacity to allow future intensity of uses.

Pedestrian shed, linear: A pedestrian shed that is elongated along an important commercial corridor.

Pedestrian shed, long: A pedestrian shed of one-half-mile radius is used for mapping community types when a transit stop is present or proposed as the common destination.

Pedestrian shed, standard: A pedestrian shed of one-quarter-mile radius, or 1,320 feet, about the distance of a five-minute walk at a leisurely pace.

Personal service establishment: An establishment primarily engaged in providing services involving the care of a person or his or her apparel. This category includes, but is not limited to, beauty and barber shops, tailors, laundry and dry cleaning pick up establishments, self-service laundries, shoe repair shops, jewelry repair shops, photo studios, gyms and spas.

Plant nursery: Land or greenhouses used to raise flowers, shrubs and plants for sale.

Planter: The element of the public streetscape that accommodates landscaping, including street trees. Planters may be continuous, or individual and/or above ground.

Principal building: A building in which is conducted the principal use of the lot on which it is located. The principal building is usually located toward the frontage.

Principal use: The primary or predominant use of any lot.

Private frontage: The privately held layer between the frontage line and the principal building façade. The structures and landscaping within the private frontage may be held to specific standards. The variables of private frontage are the depth of the setback and the combination of architectural elements such as fences, stoops, and porches.

Procedures manual: A set of instructions and forms for conducting business; specifically a book maintained by the PCD director detailing processes for carrying out the requirements of the land use and development regulations.

Public art mural: A hand-produced work of visual art which is tiled or painted by hand directly upon or affixed directly to an exterior wall of a building. Public art mural does not include:

1.

Murals containing mechanical components, or

2.

Changing image murals.

Public art mural definitions:

a.

Alteration. Any change to the public art mural, including but not limited to any change to the images, materials, colors or size of the public art mural. "Alteration" does not include natural occurring changes to the art mural caused by exposure to the elements or the passage of time. Minor changes to the public art mural which result from the maintenance or repair of the public art mural shall not constitute "alteration" of the public art mural within the meaning of this title. This can include slight and unintended deviations from the original image, colors or materials that occur when the public art mural is repaired due to the passage of time, or as a result of vandalism such as graffiti.

b.

Changing image mural. A mural that, through the use of moving structural elements, flashing or sequential lights, lighting elements, or other automated method, results in movement, the appearance of movement or change of mural image or message. Changing image murals do not include otherwise static murals where illumination is turned off and back on not more than once every 24 hours.

c.

Compensation. The exchange of something of value. It includes, without limitation, money, securities, real property interest, barter of goods or services, promise of future payment, or forbearance of debt.

d.

Conservation landmark. A structure, site tree, landscape or other object that is of historic or cultural interest at the local or neighborhood level, as identified through an inventory and designation process.

e.

Design standard districts. These are areas where design and neighborhood character are of special concern, specifically the UC, UCBD and UV districts.

f.

Grade. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

g.

Historic district. A collection of individual resources that is of historic or cultural significance at the local, state or national level, as identified through an inventory and designation process and mapped on the land use atlas, and appendix to these land use regulations.

h.

Historic landmark. A structure, site, tree, landscape or other object that is of historic or cultural significance at the local, state or national level, as identified through an inventory and designation process.

i.

Permitted public art mural. An original art mural for which a permit has been issued by the City of Bradenton pursuant to these land use regulations.

j.

Public right-of-way. An area that allows for the passage of people or goods, that has been dedicated or deeded to the public for public use. Public rights-of-way include passageways such as freeways, pedestrian connections, alleys, and all streets.

Public frontage: The area between the curb of the vehicular lanes and the frontage line. Physical elements of the public frontage include the type of curb, sidewalk, planter, street tree and streetlight.

Public areas: Land that is owned and controlled by a government agency (i.e. federal, state, regional, county or municipal jurisdiction) and that is available for use by the general public. This includes publicly owned parkland.

Public event: A festival, street fair, farmer's market or similar event open to the general public or a segment of the general public and proposed on public property on a temporary or periodic basis. An event held outdoors on private property serving alcoholic beverages shall be considered a public event for permitting purposes.

Private event: A festival, street fair, farmer's market or similar event held outdoors, solely on private property, which may have a limited effect on public property, facilities, and/or services and not serving alcoholic beverages. An administrative permit for a private event shall be required. An event which is private, and held solely indoors on private property and does not affect public property, facilities, and/or services shall not require a permit.

Public facility: Any plant or structure owned or proposed by a public agency, government body or public utility, but not including offices.

Public transportation terminal: An establishment engaged in passenger transportation by railway, highway, water or air, including ancillary vehicle maintenance facilities.

Publishing and printing plant: See Manufacturing—Light.

Rear alley: A vehicular driveway located to the rear of lots providing access to service areas and parking, and containing utility easements. Alleys may be paved from building face to building face, with drainage.

Recovery home: A group care facility licensed by the State of Florida which provides for a limited period of time, board, lodging, supervision, medication and other treatment and counseling for persons progressing from intensive treatment for crime, delinquency, mental or physical illness or persons otherwise in need of a structured environment to deal with personal problems.

Recreational vehicle: A vehicular type portable structure without a permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.

Recycling center: An establishment where waste products are collected, sorted and/or stored and where such products may be reduced to raw materials or transformed into new products. For the purpose of these LURs recycling center shall be considered a manufacturing establishment.

Religious establishment: A structure or place in which worship ceremonies, rituals and education pertaining to a particular system of beliefs are held.

Residential treatment facility: A group care facility licensed by the State of Florida which provides intensive diagnostic and therapeutic services for its residents for alcoholism, drug abuse, mental illness and similar conditions. Although they provide medical treatment, residential treatment facilities are distinguished from nursing homes and hospitals for the purposes of these LURs.

Restaurant: An establishment where food and drink is prepared, served and consumed on the premises.

Right-of-way: (1.) A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, and/or gas pipeline, water line, sanitary storm sewer or other similar facility. (2.) Generally, the right of a party to pass over the property of another.

Riparian rights: Rights of a land owner to the water on or bordering his property, including the right to make use of such waters and to prevent diversion or misuse of upstream water.

Roadway capacity available: The amount of traffic a roadway could handle above the current and committed traffic volume, calculated as follows: Theoretical roadway capacity minus (current traffic volume plus committed traffic volume).

School, public/private: An establishment which meets state requirements for primary, secondary or higher education

Secondhand store: A retail establishment selling used goods. This category does not include auction houses, but includes pawn shops and all establishments dealing in secondhand merchandise with the exception of clothing and books.

Shopping center: Five or more commercial establishments, planned, developed, owned and managed as an integral unit, with off street parking provided on the property, and having individual entries with individually demised areas.

Sign-related definitions:

• Abandoned or discontinued sign or sign structure. A sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of 60 days or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (1) a sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed or has ceased operating at that location; or (2) a sign which is blank.

• Advertising. Sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity, entertainment, or real or personal property.

• Animated sign. A sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.

• Bandit sign. See Snipe sign.

• Banner. Any sign having the characters, letters, illustrations, or ornamentations applied to cloth, paper, balloons, or fabric of any kind, not including district theme or event signs affixed to light poles signs approved by the city. The word "banner" shall also include pennant or any animated, rotating and/or fluttering device, with or without lettering for design, and manufactured and placed for the purpose of attracting attention. National flags, state or municipal flags or the official flag of any institution or business shall not be considered banners.

• Beacon. A stationary or revolving light which flashes or projects illumination, single color or multi-colored, in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Administration or similar agencies.

• Building sign. A sign whose entire portion is displayed upon or attached to any part of the exterior of a building, including walls, parapets and marquees. A building sign shall include a cabinet or box sign, an under-canopy sign, and a nameplate identification sign, but does not include a window sign.

• Cabinet or box sign. Any sign, the face of which is enclosed, bordered or contained within a box-like structure.

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

• Changeable copy sign. A sign on which the message copy is changed either manually, electronically, or by any other method through the utilization of attachable letters, numbers, symbols, or changeable pictorial panels, and other similar characters, or internal rotating or moveable parts which change the visual message.

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

• Copy. The linguistic or graphic content of a sign.

• Credit card sign. A sign signifying that goods or services may be purchased on credit by means of an established credit line (Visa, Mastercard, American Express, Discover, etc.).

• Directory sign. A sign listing only the names and/or use, or location of more than one business, activity or professional office conducted within a building, group of buildings or commercial center.

• District theme or event sign. A two-sided sign, no larger than 12 square feet and 72 inches in height, allowable only in the UC, UCBD and UV districts. District theme or event signs affixed to light poles can not exceed eight square feet and 48 inches in height.

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

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

• Flashing sign. A sign which permits lights to be turned on or off intermittently more frequently than once per minute.

• Free expression sign. A sign that expresses a personal or subjective message or graphic not necessarily related to business advertising or other typical use of signage. Free expression signs shall not contain profanity, pornographic images or messages, or be otherwise offensive to the general public or found to be a nuisance pursuant to the City Code of Ordinances, chapter 38, article II. Also, see subsection 5.5.4.14.

• Freestanding sign. A sign supported by a sign structure secured to the ground and which is wholly independent of any building, fence, vehicle or object other than the sign structure, for support.

• Freestanding monument sign. A freestanding sign whose ratio of width of sign to width of support is less than 3 to 1.

• Freestanding pole sign. A freestanding sign whose ratio of width of sign to width of support is greater than 3 to 1.

• Frontage. The distance along the property line which abuts the public right-of-way line.

• Garage or yard sale sign. Any sign pertaining to the sale of personal property in, at or upon any residentially-zoned property located in the city. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, home sale, attic sale, rummage sale, patio sale, flea market sale, moving sale, sample sale, or any similar designation.

• Grand opening sign. An on-premises temporary sign announcing the opening of a newly licensed business, that does not exceed 16 square feet in size and that is not displayed for longer than 30 days after the issuance date of the occupational license for the new business.

• Ground sign.Any sign in which the entire base or support is in contact with the ground, and is independent of any other structure.

• Height of sign. The vertical distance measured perpendicular from the closest adjacent average crown of road to the top of the sign face or sign structure, whichever is greater.

• Identification and informational sign. Any sign of an identification or informational nature bearing no advertising.

• Illuminated sign. Any sign having characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not said lights or tubes are physically attached to the sign.

• Logo. A word, or part of a word, or character used to signify an organization, corporation or the like.

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

• Marquee sign. Any sign attached to, in any manner, or made a part of a marquee.

• Nameplate sign. A flat, thin piece of material inscribed with the name, and/or profession or address of a person or persons residing on the premises or legally occupying the premises.

• Neon sign. Any sign formed by luminous or gaseous tubes in any configuration.

• Non-commercial message. A non-commercial message is any message which is not a commercial message.

• Non-conforming sign. Any sign that does not conform to the provisions of this section.

• On-premises directional or informational sign. A sign located on a lot or parcel designed to direct the public to any facility or service located on the premises of said lot or parcel or to direct and control traffic thereon, and which does not contain any advertising copy, logos or graphic display symbols.

• Panel. The primary surface of a sign upon which the message of the sign is carried.

• Parapet. A vertical false front or wall extension above the roof line.

• Permanent sign. Any sign which, when installed, is intended for permanent use. For the purposes of this section, any sign with an intended use in excess of six months from the date of installation shall be deemed a permanent sign.

• Pole sign. See Ground sign.

• Portable sign. Any mobile or portable sign or sign structure that is not permanently attached to the ground or to any other structure. This definition shall include trailer signs, A-frame signs, sandwich signs and vehicles whose primary purpose is advertising. A sign mounted on a vehicle normally licensed by the State of Florida including trailers and used for advertising or promotional purposes shall be considered a portable sign.

• Projecting sign. Any sign which is affixed to any building wall or structure and extends more than 12 inches horizontally from the plane of the building wall.

• Public facility. Any plant or structure owned or proposed by a public agency, government body or public utility.

• Public information sign. Any sign which promotes a community-oriented benefit or interest such as the date, time and temperature, publicly-sponsored events and news, openings and closings of public buildings, rights-of-way and lands, or other similar messages.

• Real estate sign. A temporary sign erected by the owner, or his agent, indicating property, which is for rent, sale or lease.

• Revolving or rotating sign. A sign that revolves or rotates.

• Roof line. Highest continuous horizontal line of a roof. On a sloping roof, the roof line is the principal ridge line, or the highest line common to one or more principal slopes of the roof. On a flat roof, the roof line is the highest continuous line of the roof or parapet, whichever is higher.

• Roof sign. A sign erected over or on the roof, or extending above the roof line, which is dependent upon the roof, parapet or upper walls of any building, or portion thereof, for support.

• Sidewalk sign. Any foldable, moveable sign intended to be displayed adjacent to a business to promote daily menus, sales, events, or other similar information. Sidewalk signs include signs mounted on single poles or stems, easels, bi-fold boards, etc.

• Sign. The term "sign" shall mean and include every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed out of doors in view of the general public; in addition, any of the above which is not placed out of doors, but which is illuminated with artificial or reflected light. Also, the above, when placed within two feet of the inside surface of a window in such a way as to be in view of the general public and used or intended to be used to attract attention or convey information.

• Sign, area of. The square foot area enclosed by the perimeter of the sign face. With respect to signs which are composed of individual symbols, letters, figures, illustrations, messages, forms or panels, "sign area" is the sum of the individual areas of the smallest contiguous rectangle, capable of containing such symbol(s), letter(s), illustration(s), message(s), forms(s) or panels.

• Sign face. The part of the sign that is or can be used to identify, advertise, communicate information or for visual representation, which attracts the attention of the public for any purpose. "Sign face" includes any background material, panel, trim, color and direct or self-illumination used that differentiates the sign from the building, structure, backdrop surface or object upon which or against which it is placed. The sign structure shall not be included as a portion of the sign face provided that no message, symbol or any of the aforementioned sign face criteria are displayed on or designed as part of the sign structure.

• Sign structure. Any structure which supports, has supported or is capable of supporting a sign, including decorative cover.

• Snipe sign (bandit sign). A sign of any material, including paper, cardboard, wood and metal, when tacked, nailed or attached in any way to trees, telephone poles, utility poles, stakes, fences, or other objects where such sign may or may not apply to the premises. This definition includes cardboard signs on sticks.

• Temporary sign. Any sign intended for a use not permanent in nature. For the purposes of these LURs, any sign with an intended use of six months or less shall be deemed a temporary sign.

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

• Vehicle sign or signs. Any sign or signs where the total sign area covers more than ten square feet of the vehicle.

• Window sign. A sign located on a window or within two feet inside a building or other enclosed structure, which is visible from the exterior through a window or other opening intended to attract the attention of or convey information to the general public.

• Wind sign. A sign, with or without copy, which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind. This shall include but not be limited to banners, flags, pennants, ribbons, spinners, streamers or captive balloons.

Sleeping unit: A single room used for living purposes but without cooking facilities or other amenities for separate and independent housekeeping.

Social services establishment: An establishment providing assistance and aid to those persons requiring counseling for psychological problems, employment, learning disabilities, physical disabilities, and includes persons with limited ability for self-care but for whom medical care is not a major element. This also includes organizations soliciting funds for these and related services.

Sorority house: See Boarding house.

Special flood hazard area: The land in a flood plain within a community subject to a one percent or greater chance of flooding in any given year.

Special sale: A temporary outdoor sale such as a sidewalk sale or tent sale or Christmas tree lot, which sale is held on private property and does not use public property or right-of-way.

Start of construction: The first placement of a permanent construction of a building (other than a manufactured home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a building. Permanent construction does not include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms. For manufactured homes not within a manufactured home park or manufactured home subdivision, "start of construction" means the affixing of the manufactured home to its permanent site. For manufactured homes within manufactured home parks or manufactured home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

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

Street: A local urban thoroughfare of low speed and capacity. Its public frontage consists of raised curbs defined by inlets and sidewalks separated from the vehicular lanes by a planter and parking. The landscaping consists of regularly placed street trees.

Street setback: The distance between property line and any structure requiring a building permit.

Streetscape: The urban element that establishes the major part of the public realm. The streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars and sidewalks or paths for pedestrians) as well as the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.), and the amenities of the public frontages (street trees, and plantings, benches and streetlights, etc.).

Streetscreen (streetwall): A freestanding wall built along the frontage linear or coplanar with the façade, often for the purpose of masking a parking lot for the thoroughfare. Streetscreens should be between three and one-half to six feet in height and constructed of a material matching the adjacent building façade. The streetscreen may be a hedge or fence as approved by the director of planning and community development. Streetscreens shall have openings no larger than is necessary to allow automobile and pedestrian access. In addition, all streetscreens over four feet in height should be articulated to avoid blank walls.

Structure: A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water, and including all buildings.

Subdivision: The division of a parcel of land into three or more lots or parcels of land less than five acres each, for the purpose, whether immediate or future, of transfer of ownership; or any division of land regardless of the size of parcels if the establishment of a new street is involved.

Subdivision pat: A plan of a subdivision, recorded or intended to be recorded, with the clerk of court, showing existing and/or proposed boundary lines.

Subject property: A property or multiple properties being considered for an individual permit or discretionary approval.

Substantial improvement: For a structure built prior to these LURs, any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (1) before the improvements or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Survey: The process of precisely determining the area, dimensions and location of a piece of land performed by a registered land surveyor.

Swale: A depression in the ground which channels runoff.

Swimming pool: A water-filled enclosure, permanently constructed or portable, having depth of 24 inches or more, designed, used and maintained for swimming and bathing.

Testing laboratory: An establishment or other facility for the examination and testing of devices, systems and materials to determine their relation to life, fire, casualty hazards and crime prevention.

Transfer of development rights (TDR): The removal of the right to develop or build, expressed in dwelling units per acre, from land in one zoning district to land in another district where such transfer is permitted.

Transition line: A horizontal line spanning the full width of a façade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony.

Transition zone: A zoning district permitting transitional uses.

Transitional area: (1) An area in the process of changing from one use to another or changing from one racial or ethnic occupancy to another; (2) An area which acts as a buffer between two land uses of different intensity.

Transitional use: A land use of an intermediate intensity between a more intensive and less intensive use.

Unimproved (street): A platted street which has not been constructed and which may not be cleared or graded and which is not maintained by the city.

Unpaved: A street which is maintained by the city but has a shell rather than asphalt surface.

Urban design: The process of providing a design vision for the city or portions of the city. Urban design encompasses architectural treatments, landscaping, pedestrian circulation and traffic controls to provide a pleasant, harmonious, and livable public realm.

Vacation: The release of an easement or right-of-way by those who have been granted use.

Variance: Permission to depart from a dimensional requirement of these LURs. A dimensional requirement shall mean length, width, depth, square feet, floor area ratio, impervious surface ration, or height. A variance from a use permission is prohibited under this definition.

Veterinarian or animal hospital: A facility providing medical or surgical treatment for animals and short-term boarding of animals as necessary for medical purposes.

Visibility triangle or vision triangle: A triangular-shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. For street intersections, this triangle is measured 35 feet in length from the intersection along the abutting right-of-way lines to form a triangle; and for driveway intersections, this triangle is measured ten feet from the intersection along the right-of-way line and along the driveway line to form a triangle.

Wholesale establishment: Place of business primarily engaged in stockpiling and selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to such individuals or companies.

Yard: The open area surrounding the principal building on a lot which must be unobstructed from the lowest level to the sky, except for certain permitted obstructions. Yard regulations ensure light and air between structures. Further defined as follows:

Front yard, primary. That portion of a yard between the front lot line and a line drawn along the front line of the principal building and extending from side lot line to side lot line.

Front yard, secondary. A technical front yard that is located at the side or rear of a structure on a corner or double frontage lot.

Rear yard. That portion of a yard between the rear lot line and a line drawn along the rear line of the principal building and extending from side lot line to side lot line.

Side yard. That portion of a yard between the front and rear yards.

Yard sale: A temporary outdoor sale in which the sale is held on private property in a residential zoning district by the owner of the property. Commercial vendors cannot operate from residential homes.

Zone: A geographical region of a city characterized by some distinctive feature(s) or characteristics as determined through the city's land use regulations; also known as a district.

Zoning: The division of the city into areas (zones) regulating the character of the development allowable in each zone. Common zoning regulations include, but are not limited to, those for the 1) use of the land or building on the land, 2) shape of a building, 3) location of a building on a lot, 4) landscaping requirements, 5) signage regulations, and 6) parking regulations.

(Ord. No. 3049, § 2, 7-24-19; Ord. No. 3094, § 2.A, 2-9-22)