A.

This chapter is intended to define terms used in the Land Development Code (LDC) and provide clarity in the LDC.

B.

Unless the context clearly indicates a different meaning, the following definitions shall be used to interpret the provisions of the LDC.

C.

Words whose meanings are self-evident as used in this Code are not defined here. Undefined terms that are commonly used may be defined using a dictionary. Words used in the present tense shall include the future; the singular includes the plural, and vice versa.

D.

Certain definitions may not be in alphabetical order and may be organized according to a common term or subject heading.

E.

The definitions in the Article may be different from the definitions used in the City of Cape Coral Code of Ordinances.

Abandoned Structure, is any structure which has ceased to be used for its designed and intended purpose.

Abandoned Vehicle or Watercraft, shall mean vehicles or watercraft which are not currently registered or licensed to be lawfully operable on public streets or waterways, or which are wrecked, inoperative, in a partially dismantled condition, or which have no apparent intrinsic value to the rightful owner.

Abandonment, is the relinquishment or cessation of the use of property by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property. Often in reference to an easement or a right-of-way.

Abandoned Sign, is a sign whose message describes the availability of goods or services at a location where such goods and services are no longer available and have ceased to be available for a period of at least 60 days or, in the alternative, a sign which is non-commercial in nature and the content of the sign pertains to a time, event or purpose which has elapsed or expired in the preceding 60 days.

Abutting Properties, Properties which share a common border or property line.

Access, is the place, means, or way by which vehicles or pedestrians obtain ingress and egress to a property or use.

Access Drive, is a driving surface leading from a right-of-way to a parking area.

Accessory Dwelling Unit (ADU), is a separate housekeeping unit from the with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-family structure.

Accessory Building or Structure, is a subordinate building or structure, the use of which is customarily incidental the main building or to the main use of the land and which is on the same site as the main building or use.

Accessory Use, is a use that is incidental to and subordinate to the main building or use of land and that is on the same lot and under the same ownership in all respects.

Acre, is a land area of 43,560 square feet.

Addition, is any construction that increases the size of a building in terms of site coverage, height, length, width, or gross floor area.

Adjoining or Abutting, means two properties share at least one common point or property line.

Adjacent, means two properties that are separated by a public right of way, canal, or alley.

Adjacent Parcel, is any waterfront parcel that is not an end parcel, but that abuts an end parcel or a corner parcel.

Adult Day Care Center, means any building or buildings, operated for profit or not, which provides daytime, basic care services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services.

Affordable Housing, is housing with a sale or rental cost, including taxes and utilities, of 30 percent or less of the total monthly household income of low income households.

A-Frame Sign, is a sign that is self-supporting and portable with steeply angled sides that meet and are adjoined at the top to form the shape of the letter "A." Two individual signs attached at the top that were not manufactured to be an A-frame sign shall not be considered to meet this definition.

Agricultural Building, are structures intended primarily or exclusively for support of an agricultural function, including barns, silos, water towers, windmills, and greenhouses.

Agricultural Land, is land used actively for the production of food, fiber, or livestock.

Agricultural Uses, means farming, including plowing, tillage, cropping, seeding, cultivating, or harvesting for the production of food and fiber products (except commercial logging and timber harvesting operations); the grazing or raising of livestock (except in feed yards); aquaculture; sod production; orchards or groves; Christmas trees; nurseries; and the cultivation of products as part of a recognized commercial enterprise.

Alley, is a right-of-way that affords a secondary means of vehicular access to abutting properties.

Alteration, means any enlargement, addition, relocation, remodel, change in number of units, development, or change to a facility, other than painting and other changes to finishes.

Alternate Tower Structure, means man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Ambient, is the surrounding level of light, noise, air, or odor.

Amplified Sound, means sound augmented by any electronic or other means that increases the sound level or volume. Public background sound or amplified sound caused by the police or fire departments of the city in the performance of their official duties shall not be considered amplified sound.

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

Animal Shelter, is any place so designed to provide for the temporary accommodation of five or more stray common household pets until appropriate disposition of such animals can be made.

Animated Sign, is a sign that uses movement or change of lighting to depict action or the appearance of motion. This definition includes blinking, flashing, moving and revolving signs; strobe, laser, fiber optic, search lights and string lighting of any type. Time and temperature devices shall not be considered animated signs. In addition, temporary electronic changeable message signs required by government agencies for road and street repairs and similar activities shall not be considered animated signs.

Antenna, means any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communication signals.

Antenna Support Structure, is any building or other structure, other than a tower, which may be used for location of wireless telecommunications facilities.

Arbor, is a structure on which plants and vines can grow.

Arcade, Architectural, means a succession of arches supported by columns or piers, or a covered walkway enclosed by a line of arches on one or both sides.

Architectural Feature, is any prominent or characteristic part of a building, including windows, columns, awnings, marquee, façade, or fascia.

Assisted Living Facility (ALF) or Nursing Home, means any building, 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.

Auditorium or Assembly Hall, is a building with facilities to accommodate groups of people.

Automotive Towing Establishment. A premises or portion of a premises occupied by an establishment in which a person, or persons, practice a vocation or occupation that performs a type of labor, act, or work off the premises that result in the towing of motor vehicles. Tow trucks or wreckers may be stored on the premises, but no towed vehicles shall be stored on the premises. This use does not include the disposal, permanent disassembly, salvage, or accessory storage of inoperable vehicles. This use shall not include vehicle repair establishments that have a tow truck and that repair vehicles on-site.

Awning, is a roof-like cover, often of fabric, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door.

Awning Sign, is a sign that is painted, installed, or otherwise applied to or located directly on an awning. For purposes of this article, signs that are suspended from awnings shall not be considered awning signs.

Backlit Awning, is an awning comprised of covering material exhibiting the characteristic of luminosity obtained by means of a source of illumination contained within its framework.

Banding, means a projection of masonry, stucco, or similar material around a building or part of a building, which is attached to the building.

Bandit Sign: means the same as a snipe sign. See Snipe sign.

Banner.

(1)

A sign composed of a logo, characters, letters, illustrations, or design on a lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow movement caused by the atmosphere, including feather banners, streamers, and pennants but not including flags.

(2)

A string of pennants consisting of any series of pieces of cloth, plastic, paper, or other material attached in a row at only one or more edges, or by one or more corners, the remainder hanging loosely, to any wire, cord, string, rope, or similar device shall be considered a banner.

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

Base Flood, is a flood having a 1% chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "100-year flood" or the "1%-annual chance flood."

Base Flood Elevation, is 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).

Basement, is the portion of a building having its floor subgrade (below ground level) on all sides.

Bathroom, is a room in a building containing, at a minimum, a toilet and a sink.

Bed and Breakfast, means a transient lodging establishment, generally in a single-family dwelling or detached guesthouses, primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals for compensation.

Bench/Shelter Sign, is any sign painted on or attached to a bus bench or to a bus waiting or phone booth shelter.

Berm, is a mound or earthen ridge placed above natural or existing grade for the purpose of shielding, screening, mitigating impacts from or otherwise separating areas of dissimilar use, to provide visual interest, accommodate landscape improvements, or control the direction and flow of water.

Best Management Practices (BMP), is the combination of conservation measures, structures, or management practices that reduces or avoids adverse impacts of development on adjoining site's land, water or waterways, and waterbodies.

Bike Lane, is a corridor expressly reserved for bicycles.

Bio-Retention Area, is a shallow planted depression designed to retain or detain stormwater before infiltration or discharge. Plants used in bio-retention areas must be able to survive without fertilizer or other artificial means.

Blinking Sign, see Flashing Sign.

Block, is land typically surrounded by streets or other transportation or utility rights-of-way, or by physical barriers such as bodies of water or public open spaces. Block may also mean a group of parcels within a geographic area.

Boat, is a vessel designed for operation as a watercraft propelled by oars, sails, or internal combustion engine(s). A boat shall not be considered as a recreational vehicle even though may have facilities for temporary living quarters.

Boat Canopy, is a removable protective cover installed to cover a boat located in the principal mooring area of a dock or over a boat lift; a boat canopy designed and intended for the purpose of protecting a marine vessel from damage from the elements and is fastened to, erected on, or installed on a marine improvement. Covers that protect marine vessels from the elements, but that fasten only to the marine vessel and not, in any way, to a marine improvement shall not be deemed to be boat canopies.

Boat Sales, is an establishment where boats or other marine vessels such as kayaks, canoes, or smaller motorized watercraft area sold.

Boat slip, is a space designed for the mooring of a single watercraft. Such spaces may extend from a dock or shoreline or be created from a cut-in.

Borrow Pit, see "Extraction".

Brewery, is a facility with a capacity to manufacture more than 5,000 barrels of beer or other similar beverages a year.

Brewpub, is a restaurant or bar with facilities that produces beer or wine for on-site consumption and retail sale to restaurant, bar, or nightclub patrons. Nonalcoholic beverages may also be produced for on-site consumption and retail sale. A brewpub differs from an craft brewery in that a greater percentage of beer or wine produced at a brewpub is generally consumed on the premises.

Buffer, means open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically and visually separate one use or property from another.

Building, any structure either temporary or permanent, having a roof intended to be impervious to weather, and used or built for the shelter or enclosure of persons, animals, or property of any kind. This definition does not include screened enclosures not having a roof impervious to the weather. In addition, the area of the pool deck or other impervious surfaces, exclusive of pools and spas that may be located under screened enclosures, shall be included as part of the building.

Building Frontage, is the dimension (measured in linear feet) of the overall width of the primary side of a building containing one or more business establishments or other entities. For purposes of this article, the primary side of a building shall be the side of the building that includes the primary entrance or the side of the building that faces the front lot line, at the option of the property owner. If the primary entrance is at an angle, the property owner may choose the building frontage. On a site with multiple buildings, if a building does not directly face a street, the building frontage will be considered the street that other adjacent or contiguous buildings face.

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

Build-to Line, are locations where a proposed development shall locate the linear footage of the building's edge, thus ensuring a uniform (or more or less even) building façade line on the street. Build-to lines may correspond to the property line or may be offset from the property line.

Buildable Area, is that portion of a lot exclusive of the required setbacks or open spaces upon which improvements are permitted.

Building, Attached, is a building which has at least part of a wall in common with another building, or which is connected to another building by a roof.

Building Front, means a building wall that faces a public street, a private street, or a common open space. A building may have more than one building front.

Building, Primary or Principal, is a building in which the primary use of the lot, on which the building is located, is conducted.

Building Rear, means a building wall that does not face a public street, a private access way, or a common open space. A building may have more than one building rear.

Business Front Foot, means the lineal distance of the building space occupied by the particular business measured on a straight-line parallel to the street. If a building fronts on two (2) or more streets, the property owner shall be given the option of selecting one (1) street frontage for the purpose of computing allowable sign area. Where a business does not parallel a street, the front foot shall be measured along the exterior of the building space occupied by the particular business.

By-right, are uses that are permitted without special conditions or a public hearing.

Caliper—Palm, is the diameter of the palm trunk taken at the widest portion, measured between one foot and three feet from the ground.

Caliper—Tree, is the measurement of the average of the largest diameter of a tree, and that perpendicular to it, measured 12 inches above the ground.

Camouflaged, means any wireless communications facility which is designed to blend into the surrounding environment or that camouflages or conceals the presence of the tower or wireless telecommunication facility to the extent that the average person would be unaware of its nature as a tower, antenna, or wireless telecommunications facility. Examples of camouflaged facilities include, but are not limited to, man-made trees, clock towers, bell steeples, flag poles, light poles, and similar alternative-design mounting structures. Examples of camouflaged antennas include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and antennas integrated into architectural elements.

Campground, is an area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind. A campground shall not be considered an RV Resort as defined in this article.

Canal End Line, is a line or lines drawn from the farthest point where the canal meets land perpendicular to the sides of the canal, or to the sides of the canal as extended if necessary. If the side of a canal curves near its end point, such canal side shall be extended from the point immediately preceding where it begins to curve. See Diagram 5.5.4.A.

Canal Width, is the width of the canal measured from seawall to seawall using the City's Geographic Information Systems (GIS).

Canopy, is a roof-like structure serving the purpose of protecting pedestrians from rain and sun, which may project from a building or be free standing.

Captain's Walk, is a walkway that is parallel to the seawall with a maximum width of six feet.

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

Car Cover, is a cover that is designed and constructed by the manufacturer for the primary purpose of protecting a motor vehicle from the elements.

Car Wash Facility, is a temporary or permanent area or structure which is used for the exterior and/or interior washing and cleaning of automobiles and other motorized vehicles. Such a facility and associated equipment encompasses both self-service and full-service operations and includes constructed stand-alone structure(s), accessory uses and structures, and integrated uses as part of a mixed use site or structure.

Cemetery, is land used or dedicated to the burial of deceased people or animals. Cemeteries may also include mausoleums and mortuaries when operated within the boundary of such cemetery.

Centerline of the Marine Improvement Area, means a line extended from the center of the parcel's water frontage line to the center of the offset line of the parcel's marine improvement area. See Diagram 5.5.4.F.

Certificate of Completion, is documentation that a structure, system(what kind of system?), site development or subdivision infrastructure is complete and for certain types of permits is released for use and may be connected to a utility system.

Certificate of Occupancy, is the official certification that a premises may be used or occupied pursuant to the State Building Codes.

Changeable Copy Sign (Manual), is a sign or portions thereof with characters, letters, or illustrations that can be changed or rearranged manually, on the sign itself, without altering the face or the surface of the sign.

Channel or Canal, is an open conduit, either naturally or artificially created, which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water.

Childcare Facility, includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether operated for profit.

Civic Building, is a building specifically designed for a civic function. Buildings and structures for public or private assembly, including places of worship and schools, shall be considered civic buildings.

Clearing of Vegetation, means removal of plants and or topsoil and vegetative materials in preparation for development, but not including mowing and cutting of brush for maintenance, the removal of dead or diseased plants or the removal of a single tree on a developed parcel.

Clear Trunk—Palm, is a measurement from the soil line to a point on the trunk where the trunk caliper begins to taper abruptly, as per "Grades and Standards for Nursery Plants" published by the State Department of Agriculture and Consumer Services, Part 2.

Coastal Construction Control Line, is the line established by the State of Florida pursuant to F.S. § 161.053, and recorded in the official records of the city, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.

Coastal High Hazard Area, is a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal High Hazard Areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1 V30, VE, or V.

Co-location, is the act of erecting antenna(s) of a wireless service provider on a tower or an existing antenna support structure already supporting an antenna.

Colonnade, a series of columns that are set at regular intervals and that support the base of an overhead structure.

Commercial and Professional, shall include property zoned C, CC, INST, P-1, NC, MX, MXB, MX SI, and SC.

Commercial Lettering, is letters, numbers, symbols, or combinations thereof which advertise a trade, business, industry, or other activity for profit or a product, commodity, or service. The term shall not include bumper stickers affixed to bumpers only or the decal or plate commonly applied to a motor vehicle by a motor vehicle dealer.

Commercial Rack, is any frame, device, or other apparatus that is designed and constructed for the primary purpose of carrying tools, building materials, or merchandise. Racks designed and constructed for carrying luggage or sporting equipment, such as kayaks, canoes, or bicycles, shall not be considered to be Commercial Racks so long as they are used for the purpose of carrying the aforesaid items. Furthermore, a rack designed and constructed for carrying a ladder (a "ladder rack") that is attached to a motor vehicle shall not be considered to be a Commercial Rack, provided the ladder rack is not wider than the vehicle to which it is attached and no part of such ladder rack extends more than 16 inches above the cab of the vehicle or extends beyond the tailgate of the vehicle.

Commercial Recreation, Indoor, is an indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual, organized, or franchised sports, including basketball, ice hockey, wrestling, soccer, tennis, volleyball, racquetball, or handball. Such facility may also provide other regular organized or franchised events, health and fitness club facilities, swimming pool, snack bar, restaurant, retail sales of related sports, health or fitness items, and other support facilities.

Commercial Recreation, Outdoor, means a recreational land use conducted outside of a building, including athletic fields; skateboard park; swimming, tennis, handball, basketball courts; batting cages.

Commercial Sign, is a sign that, directly or indirectly, names or calls attention to a business, product, service, or other commercial activity. For purposes of this article, all signs on non-residential property shall be presumed commercial; however, the presumption shall be considered rebuttable and may be overcome if a reasonable person could logically conclude that the presumption is invalid. For purposes of this article, terms such as sale, special, clearance, or other words which relate to commercial activity shall be deemed to be commercial messages. The identification by name of an apartment or condominium development on a residential sign at the apartment or condominium development site shall not be considered a commercial message.

Commercial Vehicle, is an agricultural, construction, or industrial motor vehicle or any bus, step van, truck, or truck tractor. The term shall also include a pickup truck from which the cargo box has been removed. Any motor vehicle with one or more tools (including a ladder), building materials, or merchandise visible from the street or abutting residential property, or a "commercial rack" that is visible from the street or abutting residential property shall be deemed a commercial vehicle. A light van, passenger car, sports utility vehicle (SUV), pickup truck, jeep, motorcycle, or similar type of motor vehicle containing commercial lettering, and which is not otherwise deemed a commercial vehicle hereunder, shall not be considered a commercial vehicle.

Commissary, is a public food service establishment or any other commercial establishment permitted by the Department of Agriculture and Consumer Services, which is utilized by a mobile food unit for the purpose of providing all required support services, including potable water and wastewater disposal, where food, containers or supplies are stored, prepared, or packaged, or where utensils are sanitized for transit to and sale or service at other locations that are not available on the mobile food unit.

Community Center. A development consisting of a building or group of buildings that may include areas of outdoor recreation or open space which are used as a place of meeting or social recreation. Community Centers may be publicly or privately owned; however, Community Centers shall remain open to the public. Community Centers must include a building or group of buildings that is a minimum of 15% of the overall Community Center site.

Community Garden, is a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

Community Residential Home, means a dwelling unit licensed to serve residents who 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 Families or 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.

Concurrency, is necessary public facilities and services to main the adopted level of service standards are available when the impacts of a development occur.

Conditional Use, are uses which are generally appropriate in a zoning district but have certain additional requirements to ensure the use is compatible. Conditional uses may be approved administratively as long as the required conditions are met and maintained.

Continuing Care Facility, is a center which provides independent household units as well as assisted living units to allow a resident to age within one facility or community.

Construction Staging Area, is an area used on a temporary basis for the storage of materials and supplies used in the construction of a project for a limited period of time.

Convenience Store, is any retail establishment offering for sale a limited line of groceries and household items intended for the convenience of the neighborhood, with or without sale of fuel.

Corner Parcel, is a parcel that either touches or is on both sides of an interior corner of a lake, basin, or canal.

Corner, Waterway, is the meeting of two sides which creates an angle less than 180 degrees.

Cornice, means a horizontal, ornamental molding that crowns a building or element of a building such as a window or doorway.

Craft Brewery, Distillery, or Winery, is a use that brews beer, distills spirituous beverages, or produces wine and similar beverages on a small scale and whose annual production of beer is capped by the City of Cape Coral in contrast to a full-fledged brewery that may produce an unlimited volume of beer. These establishments may include a tasting room and retail space to sell beer produced on the premises, as well as beer, spirits and wine produced elsewhere, along with related retail items and food.

Crematories. An establishment engaged in the incineration of the dead.

Crime Prevention Through Environmental Design (CPTED), is a multi-disciplinary approach to deterring criminal behavior through the design of the built environment. Specifically, altering the physical design of the communities in which humans reside and congregate in order to deter criminal activity is the main goal of CPTED.

Cul-de-sac, is a dead-end street terminated at the closed end by a circular vehicular turn-around.

Cultural and Civic Faculties, are facilities of historic educational or cultural interest such as botanical gardens, aquariums, libraries, art galleries, or museums.

Cupola. An ornamental structure placed above a larger roof.

Cut-In Boat Slip, is a place for a boat to moor, created within a parcel through excavation or removal of soil and rock material and construction of a seawall around that area.

Deck, is an open and roofless platform that adjoins a house and is supported by a means other than the principal structure.

Density, is the number of dwelling units permitted per acre of land.

Design Flood, is the flood associated with the greater of the following two areas; an area with a floodplain subject to a 1% or greater chance of flooding in any year, or an area designated as a flood hazard area on the City flood hazard map or otherwise legally designated.

Design Flood Elevation, is the elevation of the "design flood," including wave height, relative to the datum specified on the city'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 two feet.

Designed Service Study, is a study of the configuration and manner of deployment of wireless services the wireless provider has designed for an area as part of its network that demonstrates whether or not existing towers or tall structures in the search can be utilized for co-location.

Developer, is the person who is improving a parcel of land and who may or may not be the owner of that property.

Development, is any human-caused change to improved or unimproved real estate that requires a permit or approval from any agency of the city or county, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and storage of materials.

Development Approval, is any written authorization from the city which authorizes the commencement of a development.

Development Identification Sign, is a permanent sign, either freestanding or located on a subdivision entry feature or perimeter wall, at a main entrance to a subdivision or development identifying the name of the development or subdivision.

Diameter at Breast Height (DBH), is the diameter of the tree when measured four and one-half feet above the ground.

Directional Sign, is a sign denoting the business names, location, addresses (real or virtual), and/or occupations of those tenants located upon a subject site or which provides information as to the location of a parking lot, building entrance, or other destination, activity, or facility and contains no commercial message.

Distribution Center. An establishment involving one or more buildings specifically designed to receive, store, and redistribute goods and designed for rapid turnaround for e-commerce business product deliveries.

Distribution Line, are the electric lines that deliver medium voltage electricity from the substation to an overhead or underground transformer that ultimately serves the consumer.

Divider Median, is a landscaped strip between abutting rows of parking spaces.

Dock, is any structure, otherwise known as a pier, wharf, or loading platform, extending into the water from a seawall or bank and which may provide berthing for marine vessels.

Dormitory, is a building intended or used principally for sleeping accommodations where such building is related to an educational or public institution, including religious institutions.

Drive-thru Facility, an accessory building or a building design feature that allows customer to receive goods or services from a business or establishment without leaving their vehicle.

Dumpster, are the covered containers that are designed and intended to be mechanically dumped into a packer-type sanitation vehicle, regardless of whether such containers are used for the collection or disposal of solid waste or other refuse or for the collection or disposal of recycling materials, as well as covered containers that are designed and intended to be used for compaction of materials such as cardboard boxes.

Dumpster Enclosure, is the fence or wall that encloses and screens a dumpster.

Dwelling unit, a room or rooms connected together, which could constitute a separate, independent housekeeping establishment for a family, for owner occupancy, or for rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure. Dwelling units must contain at a minimum one sleeping room, one bathroom, and one kitchen, but shall not contain more than one kitchen, or other indoor portion of the structure with a functioning range or oven. The term Dwelling Units shall not include rooms in hotels, motels or institutional facilities.

Dwelling, Duplex, is a structure designed to accommodate two dwelling units, each of which has direct access to the outside.

Dwelling, Multi-family, is a group of three or more dwelling units within a structure, attached side by side, one above another, or both; wherein the land on which the building is located is under common or single ownership. In addition, any dwelling unit or dwelling units, regardless of number, located in a lawfully existing mixed-use building shall be deemed to be multi-family dwelling unit(s).

Dwelling, Single-Family Attached, means a single structure consisting of three or more dwelling units having one or more walls abutting with another dwelling and designed to have all exits open directly to the outside. Each dwelling unit is on a lot with individual ownership.

Dwelling, Single-Family Detached, is a dwelling unit owned in fee simple and on an individual lot which is not attached to any other dwelling unit by any means.

Dwelling, Single-Family Semi-Detached, shall mean a single-family dwelling which is joined to no more than one other single-family dwelling unit by a common wall, where such two dwelling units are also constructed on adjoining individual lots, such as duplex dwellings which have been subdivided into two single-family semi-detached dwelling units, with each such unit on a separate lot.

Easement, is a grant by a property owner to the use of land by the public, a corporation, or persons for specific purposes as the construction of utilities, drainage ways, and roadways.

Eave, is the projecting lower edges of a roof overhanging the wall of a building.

Electronic Message Center (EMC). Is a variable message sign that utilizes computer generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix.

Encroachment, is where a structure exists within a required setback, or an area that is designated to have no structures.

End Parcel, is a waterfront parcel where any part of the parcel abuts or includes within its boundaries any part of the canal end line or any part of an extension of a side line between the side line and the canal end line.

Entertainment, Indoor, means active or passive uses conducted within an enclosed building, these include but are not limited to: motion picture theaters, concert or music halls, billiards, arcades, and bowling.

Entertainment, Outdoor, means active or passive uses conducted in open or partially enclosed or screened entertainment complex. Typical uses include but are not limited to: sports arenas, motor vehicle or animal racing facilities, and outdoor amusement parks.

Erosion, is the removal of soil through water or wind action.

Essential Services, is the erection, construction, alteration or maintenance (by a public or private utility company for the purpose of furnishing adequate services for the public health, safety, or general welfare) of electrical and communication cables, poles and wires, water and sewer collection, transmission, or distribution mains, drains and pipes, including fire hydrants. This definition shall not be interpreted to include buildings, structures, or uses listed as essential service facilities.

Essential Service Facilities, are buildings or above ground structures (exceeding 27 cubic feet in volume) required to provide essential services including electricity; telephone, cable TV, gas, water, sewage, solid waste, and resource recovery.

Excavating or Filling, is the removal or placement of more than 100 cubic yards of earth or the alteration of the elevation of more than 1,250 square feet of land area more than two feet.

Excavation, is an operation utilizing any tools, equipment or explosives for the purpose of moving, removing or otherwise displacing or distributing earth, rock or other materials in or on the ground or wrecking, razing, rending, moving or removing any structure or mass of material.

Existing Building and Existing Structure, are any buildings and structures for which the "start of construction" commenced before August 17, 1981.

Exotic, means a species introduced to Florida, purposefully or accidentally, from a natural range outside of Florida.

Extraction, is the removal of physical matter in a solid, liquid, or gaseous state from its naturally location such as dirt, soil, sand, rock, oil, gas, and marl. Extraction shall not include typical digging, clearing, and filling operations associated with an approved Site Development Plan for residential and non-residential development.

FAA, means the Federal Aviation Administration.

Façade, is the exterior elevation of a structure or building as viewed from a single vantage point.

Fall Protection Planter, is a grade adjustment located directly adjacent to open-sided walking surfaces, including, but not limited to, stairs, ramps, landings, and decks, and retained by a continuous retaining wall which is selected and constructed in accordance with the provisions of the Florida Building Code.

Family, is any number of persons living together as a single housekeeping unit.

Family Day Care Home, is 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. Household children under 13 years of age, when on the premises of the family day care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home.

Farmer's Market, is an occasional or periodic outdoor market where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages.

Fascia Sign, is a sign located on the fascia of a roof or canopy, or affixed to the front of a mansard roof, including signs that extend the plane of the structural fascia such that the vertical dimension of the sign is no more than one-third the distance from the ground to the bottom of the fascia, and lateral supports are used.

FCC, means the Federal Communications Commission.

Feather Banner, is a type of temporary lightweight sign comprised of a partial metal or plastic frame, pole, and/or base to which a vinyl, nylon, canvas, or polyester fabric sign face is attached. Depending on the shape and type of movement, such signs also may be called "flutter," "teardrop," "flying," "wing," "bow," "blade," "rectangular," or other banners.

Feather Flag, is a vertical flag used for identifying a secondary model home contiguous to the primary model home site.

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

Fence, a structure used for enclosing land areas constructed of pickets, boards, rails, chain link, or concrete products which are generally supported by posts and provide privacy, land separation, containment of domestic animals, and restriction of passage.

Fence, Decorative, means an open mesh fence no higher than two feet, other than chain link or barbed wire, intended to decorate, accent, or frame a feature of the landscape. Ornamental fences are often used to identify a lot corner or lot line, or frame a driveway, walkway, or planting bed.

Fender Post, is a post inserted into the canal bottom and fastened to the dock or seawall to prevent damage to the vessel when tied alongside the dock or seawall.

Figure Structured Sign, any sign which consists of and/or contains a three dimensional character, symbol, or emblem portraying a commercial message which exists solely to attract the attention of the public. For purposes of this article, memorial signs shall not be considered a FIGURE STRUCTURED SIGN .

Flag, is any fabric or bunting used as a symbol, as of a nation, government, political subdivision, or other entity, or as a signaling device.

Flag Standard, is a readily transferable device or pole which supports flag(s). A tubular device which is set in the ground and does not extend above ground level, and any poles or tubes that support a flag or flags and are either inserted into the tubular device set in the ground or inserted directly into the ground, are flag standards, provided the poles or tubes supporting the flag(s) do not extend more than eight feet above ground level.

Flagpole, is a permanently attached fixture or pole which supports flags.

Flashing Sign, is any illuminated sign, on which the artificial source of light is not maintained stationary or constant in intensity and color at all times when such sign is illuminated. For the purposes of this definition, any moving illuminated sign affected by intermittent lighting shall be deemed a flashing sign.

Flea Market, is the sale of used merchandise customarily involving tables or space lease or rented to vendors.

Flex Space, is commercial space, typically office, workshop, and loading bay area that allows businesses to utilize the space in the manner necessary for their work, most typically light industrial uses.

Flood or Flooding, is a general and temporary condition of partial or complete inundation of normally dry land from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood Damage Resistant Materials, is any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

Floodplain, is the land area susceptible to inundation by water as a result of a flood.

Floodway Encroachment, is any fill, structure, building, accessory use, use, or development in the floodway.

Flood Hazard Area, is the greater of the following two areas; the area within a floodplain subject to a 1% or greater chance of flooding in any year, or the area designated as a flood hazard area on the city's flood hazard map, or otherwise legally designated.

Floodplain Administrator, is the office or position designated and charged with the administration and enforcement of this Article (may be referred to as the Floodplain Manager).

Floodplain Development or Approval, is an official document or certificate issued by the city 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 this Article.

Floodway, is 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 foot.

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

Floor Area Ratio (FAR), is the ratio of the proposed amount of commercial or industrial floor area to the total land area shown for non-residential uses on the site.

Floor Area, Gross, is the total area of a building measured by taking the outside dimensions of the building each floor level intended for occupancy and storage.

Florida Building Code, is the family of codes adopted by the Florida Building Commission.

Florida Friendly Landscaping, is a program developed through the University of Florida which encourages the use of low-maintenance plants and environmentally sustainable practices. A list of Florida Friendly plants can be found in Appendix 5.6.1.B.

Florida Native, is any plant recognized as occurring naturally in the State of Florida prior to the 1500s, as identified in Atlas of Florida Vascular Plants by Wunderlin, R.P., and B. F. Hansen. 2008. (http://www.plantatlas.usf.edu/). Institute for Systematic Botany, University of South Florida, Tampa, or other scientific documentation recognized by the city.

Food Vending Cart, is any non-motorized cart, trailer, table, equipment, or apparatus which is not a structure, which is designed and intended so as to not be a permanent fixture on a lot, and which is used for the temporary retail sale, display, and accessory advertising of food. A food vending cart does not include a mobile food dispensing vehicle.

Footcandle, is the unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot.

Freestanding Sign, is any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building, wall, fence, vehicle, or object other than the sign structure for support.

Frontage, is the face of a building most nearly parallel with the public right-of-way line.

Frontage Line, see "Build-to-Line".

Frontage Road, is a residential or nonresidential street parallel and adjacent to a major thoroughfare and which provides access to abutting properties with protection from through traffic.

Functionally Dependent Use, is 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, is an enclosed area that is accessory to the primary residential structure and is designed primarily for the parking and storage of motor vehicles.

Gazebo, a freestanding, roofed structure usually open on the sides.

Glare, is lighting entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.

Grade, is the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Greenhouse, is a building or structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other plants.

Green Roof, is a building roof that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems.

Groundcover, is any low growing plant, 24 inches in height or less, that can be used to cover areas where sod or turf is not desired or will not grow.

Group Home, is a dwelling unit licensed to serve residents who 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 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.

Guest House, a dwelling unit that is located on the same premises as the principal building and is to be used exclusively for housing members of or guests of the family occupying the principal building and/or members of the domestic staff employed on the premises. Such unit may be in either the principal building or in an accessory building

Habitat, means the physical location or type of environment in which an organism or biological population lives or occurs.

Hardscape, are tangible objects and features other than plant materials, including, but not limited to, steps and ramps, fountains and pools, fences, screens, dividers and walls, overhead structures (i.e. trellis), decks, retaining walls, play equipment, benches and planters, drainage structures, lighting, pavement, curbs, and site furnishings.

Hearing Examiner, is a person appointed to conduct public hearings and take action in action proceedings as specified by this code.

Hedge, is any group of shrubs planted in line or in groups that form a compact, dense, living barrier that protects, shields, separates, or demarcates an area from view; any similar plant material, or similar plant material in conjunction with a structure.

Height, is the vertical distance measured from the lowest finished floor elevation to the lowest point of the highest horizontal eave or to the highest point of the highest parapet wall, whichever is higher.

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 equipment.

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

Heritage Tree, is a Florida native canopy tree with a 20-inch caliper DBH or larger.

Highest Adjacent Grade, is the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

Historic Structure, is 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-Based Business, is a business that is operated, in whole or in part, from a residential dwelling unit by residents of such dwelling unit, and such business meets the criteria established in F.S. § 559.955, as amended.

Hospital, is an institution, licensed by the state department of health, providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.

Hotel, is an establishment providing, for a fee, sleeping accommodations and customary lodging services, including maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service. Related ancillary uses may include but shall not be limited to conference and meeting rooms, restaurants, bars, and recreational facilities.

Household, is the person or persons occupying a dwelling unit.

Impervious Surface, is any material that substantially reduces or prevents the infiltration of stormwater into the ground. This shall include all buildings, pavement, pools and pool decks, sidewalks, and areas covered with gravel, stones, paver blocks, shell, and rocks.

Incidental Sign, is a sign, generally informational, that has a purpose secondary to the use of the site on which it is located. Furthermore, the term INCIDENTAL SIGN shall not include a sign designed to be transported by means of wheels, a sign converted to an A- or T-frame, a sandwich-board sign, or a skid-mounted sign, regardless of the nature of the information that such sign may contain.

Industrial Business Centers, are establishments that may perform a variety of Light Industry uses, including, but not limited to, cabinetry and woodworking shops, furniture upholstery shops, ceramic shops, electrical appliance manufactures, medical appliance manufactures, or coffee roasters, while also utilizing retail, office, and display areas for products produced. Industrial Business Centers may also be developed in conjunction with warehouses for storage of goods and materials. Heavy Industry uses shall be prohibited.

Industry, Heavy, is manufacturing or other enterprises with significant external effects, or which pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing or other process.

Industry, Light, includes research and development activities, and the manufacturing, compounding, processing, packaging, storage, assembly, or treatment of finished or semi-finished products from previously prepared materials. Light Industry establishments may perform some activities outdoors such as storage or assembly. Finished or semi-finished products may be temporarily stored outdoors pending shipment.

Inflatable Object, is an object of any shape that is expanded or capable of expansion by means of air or gas, such as a balloon, wind sock, or air tube, and which is used as a means of attracting attention to a site, product, or event.

Infrastructure, means facilities and services needed to sustain industry, residential, commercial, and all other land-use activities, including water, sewer lines, and other utilities, streets and roads, communications, and public facilities such as fire stations, parks, schools, etc.

Institutional Uses, are public or quasi-public uses in a non-for-profit nature typically engaged in public service.

Integral Sign, is a sign which is built in to or constructed as part of the architectural design of the building and if removed would change the design of the building.

Intensity, is the number of square feet of development per acre, or floor area ratio, by land use type with respect to non-residential land uses.

Interior Sign, is a sign located within the interior of any building, or within an inner, outer, or enclosed lobby or court of any building or theater, not including window and door signs.

Invasive Species, means a species that is non-native to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health.

Junkyard. Any use on private property involving the parking, storage or disassembly of junked vehicles, or wrecked or nonoperable vehicles, storage, baling, or otherwise dealing in wastepaper, rags, scrap metal, used building materials, old household appliances and other similar matter. Such uses shall be considered junkyards whether or not all or part of such operations are conducted within a building or in conjunction with, in addition to, or accessory to, other uses of the premises. This definition shall not include pawn shops and establishments for the sale, purchase, or storage of usable second-hand cars, used furniture or similar household goods and appliances.

Kitchen, an indoor portion of a structure specifically designed and equipped for the preparation, service and storage of food. The kitchen shall be provided with, at a minimum, a functioning sink, range, oven, and refrigerator.

Laboratory, Research, is a building or group of buildings in which facilities for scientific research, investigation, testing, or experimentation are. This does not include facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Land Development Code, means the city's zoning, subdivision, building, and other regulations controlling the development of land.

Landscaping, is the finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs, and flowers. This treatment may also include the use of logs, rocks, fountains, water features, and contouring of the earth.

Landscape Plan, is a plan associated with a subdivision master concept plan, or site development plan, indicating the placement of landscape materials, including specifications, species, quantities, and method of installation.

Landscaped Area, is an area set aside from structures and parking which is developed with natural materials (i.e. grass, trees, shrubs, vines, hedges, bedding plants, rock) and decorative features, including paving materials, walls, fences, and outdoor furniture.

Landscaping Services, is a business that provides services in horticulture and lawn maintenance off premises on a contract basis or for a fee. Typical services may include golf course upkeep, landscape gardening, tree planting, tree trimming or other similar services.

Lattice, is an ornamental criss-cross framework, an arrangement of crossing laths or other thin strips of material which allows light and air to pass between the openings.

Letter of Map Change (LOMC), is 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:

Letter of Map Amendment (LOMA), is 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.

Letter of Map Revision (LOMR), is 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.

Letter of Map Revision Based on Fill (LOMR-F), is 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 City floodplain management regulations.

Letter of Map Revision, Conditional (CLOMR), is 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.

Light Pollution, means any adverse effect of artificial light including, but not limited to, glare, light trespass, skyglow, energy waste, and impacts on the nocturnal environment.

Light Van, is any motor vehicle having a generally rectangular bulk, which is licensed and registered for operation upon public highways and which has a carrying capacity of no more than one ton or no more than nine passengers.

Lighting, Fully Shielded/Cutoff, means any outdoor light fixture shielded in such a manner that all light emitted by the fixture is projected below the horizontal as determined by a photometric test or certified by the manufacturer.

Liner Building, is a building or portion of a building constructed in front of a parking garage.

Lintel, means a horizontal support of timber, stone, concrete, or steel across the top of a door or window.

Live/Workspace. An area within a nonresidential building that is used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

Loading Space, is an off-street space, having a minimum width of 10 feet, length of 30 feet, and height clearance of 14 feet, on the same lot with a building or group of buildings for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Local Planning Agency, is the City of Cape Coral Planning and Zoning Commission when reviewing matters related to the Comprehensive Land Use Plan as specified in F.S. Ch. 160.

Logo, is an emblem, character, pictograph, trademark, or symbol used to represent a firm, organization, entity, product, or service.

Lot or Lot of Record, is a lot or tract that is part of a recorded subdivision that has been recorded with the county clerk of courts office containing property tax records.

Lot Coverage, refer to Section 1-112 of the Land Development Code.

Lot, Corner, is a lot which abuts on two or more intersecting streets at their intersection, but is not to include wing streets at cul-de-sac locations; wing streets at locations where road angles or turns and the wing street is less than 120 feet in length.

Lot, Double Frontage, is a lot having frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot, Flag, is a lot not meeting minimum lot frontage requirements at the street and where access to a right-of-way is provided by means of a long, narrow driveway between abutting lots.

Lot Lines, are the property lines bounding the lot.

Low Impact Development (LID), are systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat.

Lowest Floor, is the lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, 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 non-elevation requirements of the Florida Building Code or ASCE 24.

Lumen, is the unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire. One footcandle is equal to one lumen per square foot.

Maintain, means in a condition or state of equivalent quality to that which was approved or required by the city.

Manufactured Home, is a structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term Manufactured Home does not include a "recreational vehicle" or "park trailer."

Manufactured Home Park or Subdivision, is a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufacturing, Heavy, is the manufacturing of products from raw or unprocessed materials, where the finished product may be combustible or explosive. This category shall also include any establishment or facility using large unscreened outdoor structures such as conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment, that cannot be integrated into the building design, or engaging in largescale outdoor storage. Any industrial use that generates noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious adjacent land uses, or requires a significant amount of on-site hazardous chemical storage shall be classified under this land use. This use shall include any packaging of the product being manufactured on-site.

Manufacturing, Light, is the indoor processing or fabrication of certain materials or products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emissions which will disturb or endanger neighboring properties.

Market Value, for the purposes of Article 9 of this Code, is the value of buildings and structures, excluding the land and other improvements on the parcel. Said market value is the actual cash value (in-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser prepared within 12 months prior to the date of submittal, or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser.

Marina, is a waterfront establishment whose business is offering the rental or lease of slips for boats, the sale or rental of boats and marine sporting equipment, and the servicing, repair, or storage of similar items. Such establishments may also provide gasoline, sanitary pump-out service, and food and drink.

Marine Fuel Pump. Fuel dispensing pumps providing an accessory use to a commercial establishment in which, except for a marina, no boat repair or boat storage is provided.

Marine Improvement, means a whole, constructed marine structure including, but not limited to, dock, boat lift, mooring posts, walkways, and other interconnecting parts. A boat canopy, its supports, and its frame shall not be considered to be a part of the marine improvement to which they are attached.

Marine Improvement Area, is that area enclosed by the water frontage line, the offset line, and lines connecting the ends of the offset line to corresponding offset points. This establishes the construction envelope for marine improvements See Diagram 5.5.4.E.

Marquee, is 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.

Master Concept Plan, is a general graphic depiction of the layout and/or design of a land development project, which shall include written and quantitative information as required by the city, including a phasing plan, but to be distinguished from a "site development plan," as defined herein.

Mean Water Level, in regard to fresh water waterways, is the elevation established at the downstream weir, and, in regard to saltwater waterways, the mean high water of +013 feet National Geodetic Vertical Datum of 1929 (NGVD-29).

Medical Marijuana Dispensary, is a facility where marijuana is made available for sale for medical purposes. This also includes establishments from which marijuana is delivered to patients who cannot obtain it from a dispensary, due to physical or mental disability, for medical purposes.

Memorial Sign, is a permanent commemorative or historical sign, plaque, inscription, or similar group of symbols that is engraved on a building or a cemetery tombstone or that is located at a memorial erected by, or with the approval of, a governmental entity. For purposes of this definition, a memorial includes any building, structure, or location intended to honor persons, places, or events.

Menu Board, is a permanently mounted sign located adjacent to and oriented toward a lawfully established drive-through lane of a commercial enterprise.

Mini-Storage, See Self-Storage Facility.

Mixed-Use Development, is a project which integrates residential and non-residential uses.

Mixed-Use Building, is a building containing residential and non-residential uses permitted in the zoning district.

Mixed-Use, Horizontal, is a mixture of residential and non-residential buildings located next to each other as part of a single development.

Mixed-Use Zoning Districts, includes the following zoning districts: Commercial Corridor (CC), Neighborhood Commercial (NC), Mixed Use (MX), Mixed Use Seven Islands (MX7), Mixed Use Bimini (MXB), South Cape (SC), and Planned Unit Developments (PUD).

Mobile Food Court (MFC), is a site to allow for permanent location for three or more MFVs. Such sites must include required infrastructure for each MFV vending or otherwise conducting business within an MFC and generally include public seating.

Mobile Food Dispensing Vehicle (MFDV), is as defined by F.S. § 509.102, as amended.

Mobile Food Vendor (MFV), is an operator offering the temporary retail sale, display, and accessory advertising of fresh prepared food, pre-cooked food, pre-packaged food, and prepared food from a Mobile Food Dispensing Vehicle or from a similar self-propelled conveyances such as ice cream vehicles, hot-dog carts, or from other non-fixed structures such as food vending carts.

Model Home, is an unoccupied dwelling constructed upon a model home lot zoned for residential use and on one of four contiguous lots from the arterial or collector roadway, with each lot under the ownership of one or more builders intending to use the lots as model home sites or ancillary parking, for display purposes, price quoting and consummation of sales contracts.

Modular Structure, is a structure not built on-site but may be assembled on-site, which is placed on a permanent foundation and meets the state building code standards.

Mooring Piles, are posts, meant for tethering a watercraft to, which are anchored into the floor of a waterbody.

Monopole, is a style of free-standing tower that is composed of a single shaft, usually composed of two or more hollow sections that are in turn attached to a foundation, with external antennas. This type of tower is designed to support itself without use of guy wires or other stabilization devices.

Motel, see "Hotel".

Mulch, is any material such as wood chips, leaves, bark, straw, or other materials left loose and applied to the soil surface to reduce evaporation.

Multiple Business or Entity Sites, is any development containing two or more tenants on one ownership parcel that has a non-residential or mixed use zoning designation. In addition, this term shall include all properties approved under any planned development project that has a non-residential or mixed use zoning designation. MULTIPLE BUSINESS OR ENTITY SITES, for purposes of this article, shall be deemed to also include developed properties located within 25 feet of an improved public parking lot or area, and for which such public parking lot or area provides the minimum parking needs required for such developed properties as well as the public parking lot or area itself.

Nameplate Sign, is a sign indicating the name, profession, address, or some combination thereof, of a person, persons, business, or other entity legally occupying the building, unit, or establishment.

Native Species, is a plant or animal that originally occurred in an area.

Natural Area, is land and water that has substantially retained its natural character or land and water that, although altered in character, is important as habitats for plant, animal, or marine life, for the study of its natural, historical, scientific, or paleontological features, or for the enjoyment of its natural features.

Navigable Channel, means that portion of the waterway width in which no marine improvement may lawfully be constructed. The access width of the waterway shall be calculated by subtracting from the calculated waterway width twice the maximum distance that a marine improvement located along one side of the waterway could lawfully project.

Newsrack or Newspaper Vending Machine, any self-servicing or coin-operated box, container, vending machine, storage unit, or other dispenser installed, used, or maintained for the display and sale of newspapers, news periodicals, or magazines including the dissemination of any real estate or advertising publications.

New Construction, for the purposes of the flood resistant construction requirements of the Florida Building Code, are structures for which the "start of construction" commenced on or after August 17, 1981 and includes any subsequent improvements to such structures.

Nonconforming, is when an existing lot, structure, building, sign, development, or use of an existing lot or structure does not conform to one or more of the regulations currently applicable to the district in which the lot, structure, building, sign, development, or use is located.

Noncommercial Sign, is a sign which does not meet the definition of a commercial sign.

Non-domestic animals, are farm animals including, but not limited to, horses, cattle, mules, goats, sheep, swine and poultry.

Non-domestic animal boarding, are establishments that board or house non-domestic animals for a fee.

Nonresidential Use, is a use that does not include dwelling units. Nonresidential uses include: commercial, industrial, public, park, institutional, agricultural uses without a residence, and parts of mixed-use developments not containing residential dwelling units. This includes hotels, motels, RV parks, and campgrounds.

Nonresidential zoning districts, includes the following zoning districts: Commercial (C), Professional Office (P), Industrial (I), Institutional (INST), and Preservation (PV).

Nuisance, is a thing, condition, or conduct that endangers health and safety, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.

Obscene Sign, is a sign whose contents meet the judicially established definition of obscenity or that is otherwise considered obscene under Florida Statutes.

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

Occupancy, Change of, means the discontinuance of an existing use and the substitution of a use of a different kind or class in that same space.

Occupiable Rooftops, shall mean areas on the roof of a building that can be used for interaction and recreation use that are not a Building as defined in Article 11 of the Land Development Code.

Offset Point, means the distance from the property line where a marine improvement may be built. See Diagram 5.5.4.C.

Off-Site Sign, is a permanently or temporarily affixed or hand-held sign identifying, advertising, or directing the public to a commercial business, product, service, entertainment, or activity which is located, sold, rented, based, produced, manufactured, or furnished or taking place at a location other than on the property or multiple business or entity site on which the sign is located. A sign containing a non-commercial message shall not be considered to be an off-site sign.

On-Site Sewage System, is a sewage-treatment system that includes a settling tank through which liquid sewage flows and in which solid sewage settles and is decomposed by bacteria in the absence of oxygen.

Open Space, land and water areas retained for use as an active or passive recreation areas or for resource protection in an essentially undeveloped state.

Ornamental Grass, a self-supporting, non-woody, perennial species of the plant family, Poaceae, Juncaceae, or Cyperaceae, that is not mowed but is allowed to grow to its full potential and is used in the landscape in the same way as a shrub.

Ornamental Wall, a wall that that is not used in the support of a building.

Outdoor Lighting, means lighting equipment installed within the property line and outside the building envelopes, whether attached to poles, building structures, the earth, or any other location; and any associated lighting control equipment.

Outdoor Screened Storage, means the storage of any materials or products, including but not limited to items for sale, lease, processing, or repair, but excluding vehicles, boats, and boat trailers, for a period greater than 48 hours. All items being stored are to be completely enclosed by a free-standing wall, an opaque fence, a wall of a building, or any combination thereof. Any free-standing wall or fence used for screening shall be the maximum height allowed by the applicable zoning district.

Outdoor Storage, means the storage, in an unenclosed, uncovered area, of any materials or products, including but not limited to items for sale, lease, processing, or repair, but excluding vehicles, boats, and boat trailers, for a period greater than 48 hours.

Outdoor Venue, means a commercial establishment which offers entertainment outside of a building, including music.

Outdoor Entertainment Event, means a temporary, outdoor event utilizing amplified sound equipment, not associated with an established outdoor venue.

Owner-occupied, means a vacation rental that is the primary and permanent residence of the owner of the property.

Outside Corner parcel, means a parcel of land which projects into one or more waterways so as to have two or more sides abutting such waterway(s).

Owner, when used in relation to a motor vehicle or trailer, any person to whom a motor vehicle or trailer is registered according to the certificate of title for the motor vehicle or trailer and, if the motor vehicle or trailer is under lease, rental agreement, or on loan under any type of arrangement, gratuitous or otherwise, shall include the person having possession or control of the vehicle. When used in relation to privately real property in a residential zoning district, the term shall mean the owner according to the latest ad valorem tax records of the county and, if the privately property is under lease, rental agreement, agreement for deed, or similar land contract shall include the person in possession and control of the property.

Parapet, is that portion of the facade which extends above the roof.

Parasite Sign, is any sign not exempted by the sign code, for which no permit has been issued, and which is hung from, attached to, or added onto an existing sign.

Parcel, means a contiguous land under one ownership.

Park Trailer, is 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.

Parking, Off-Street, is space designed for the parking of automobiles on premises other than streets.

Parking, On-Street, is the storage space for an automobile that is within the street right-of-way.

Parking, Satellite, is off-street parking spaces that are not on the same lot as the principal use.

Parking, Shared, means joint use of a parking area by more than one use.

Paved, means ground covered with stone, brick, concrete, asphalt, or other substantial matter making a firm, smooth, and level surface.

Paver, is a grid block designed for use as a driving or parking surface, installed with cavities (either the kind in which grass can be planted or between the blocks) to minimize impervious surface and reduce runoff.

Pedestrian-Friendly/Oriented, means the density, layout, and infrastructure that encourages walking and biking within a subdivision or development, including limited setbacks, front porches, sidewalks, and bikepaths.

Pergola, is a structure, either freestanding or attached to a façade, usually consisting of parallel colonnades supporting an open roof of girders and cross rafters built as an outdoor element for partial shade.

Permit, Conditional Use, is a use that is permitted if all specified conditions have been adhered to.

Person, means individuals, partnerships, associations, and corporations.

Personal Services Establishment, is an establishment which offers specialized services purchased frequently by the consumer. Included are barbershops, beauty shops, chiropractic, dance studios, and massage clinics, garment repair, tailoring, shoe repair, pet grooming, indoor pet sitting, and beauty clinics, fitness centers, laundromats, drycleaners, photography and instructional studios, tattoo and piercing studio, martial arts studios, and other similar establishments. These uses may include accessory retail sales of products related to the services provided.

Pervious Surface, is any surface which allows a minimum of 80 percent precipitation from any source to infiltrate directly into the ground.

Pet Services, establishments providing grooming, obedience training, veterinarian services, or animal day care. These establishments should not include boarding except for overnight hospitalization for medical care.

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

Photovoltaic Solar System, is a system which uses one (1) or more photovoltaic panel(s) installed on the surface of a roof, parallel to a sloped roof or surface or rack-mounted on a flat roof, to convert sunlight into electricity.

Pickup Truck, is any motor vehicle designed primarily for the transportation of property within a permanently attached open cargo box and having a gross motor vehicle weight of no more than 17,500 pounds, a height of no more than 82 inches (measured from the ground to the vehicle's highest point excluding antennae), no more than six wheels, and no more than two axels.

Pilaster, is a rectangular column, especially one projecting from a wall.

Place of Religious Assembly, is a use within a permanent building that provides regular organized worship and related incidental activities, except primary or secondary schools and day care facilities.

Planned Unit Development (PUD), is an area of land zoned and improved as a development for which the otherwise applicable use and development requirements to allow for more flexible planning in conformance with the development approval process and developed in accordance with the provisions of this ordinance.

Point of Intersection, is the point where two rights-of-way would meet if they were extended straight rather than curving to create a rounded corner at an intersection.

Pole-Mounted, means an antenna attached to or upon an electric transmission or distribution pole, a streetlight, a traffic signal or similar facility within the public right-of-way or a utility easement. A utility pole-mounted facility shall not be considered a wireless telecommunication facility.

Porch, is a covered but unenclosed projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes and is not used for livable space.

Portable Sign, is any non-exempt sign that is not permanently located on or attached to the ground, permanent structure, an inflatable object or umbrella, or that is hand held, worn as part of a costume or item of clothing, or that is designed to be transported, including, but not limited to: signs designed to be transported by means of wheels; a sign converted to a T-frame; or skid-mounted signs. A hand held sign or a sign worn as part of a costume or item of clothing containing a non-commercial message shall not be considered to be a portable sign.

Portico, means a structure consisting of a roof supported by columns at regular intervals, typically attached as a porch to a building.

Premises, is a distinct unit or parcel of land including the appurtenances thereon.

Primary Frontage, is any portion of a property that faces any public Right-of-Way defined as a Boulevard, a Parkway, or fronting Pine Island Road.

Primary Frontage Line, see "Build-to-Line."

Private Property, is property that is owned, leased, operated, maintained or controlled by one or more individuals or entities other than the city.

Professional Services. Work performed for others by someone trained and engaged in such work for a career. By way of example, and without limiting the generality of this definition, professional services include services rendered by architects, attorneys, dentists, engineers, financial planners, life insurance agents, physical therapists, and physicians.

Projected Image Sign, is a sign that uses technology to project an image, logo, or other graphic on buildings, structures, sidewalks, or surfaces. The image itself has no physical structure but is still considered a sign.

Public Art, is any visual work of art displayed open to the public view on public or private property which does not contain characteristics of an advertisement for a business. Public Art shall not be considered to be a Sign.

Public Parks and Recreational Facilities, means natural or landscaped areas, buildings, or structures, provided by a government, to meet the active or passive recreational needs of people.

Public Safety Facility, is a government facility for public safety and emergency services, including facilities that provides police or fire protection and related administrative facilities and training facilities.

Quay, is a modified seawall where a boat can dock parallel to the shore.

Raceway, is a structure used for wall-mounted signage with individual letters or characters, located upon the exterior wall surface between the wall and the letters or sign characters. Raceways contain wiring, conduit, transformers, and other electrical components.

Rain Sensor, is a calibrated device that is designed to measure rainfall and override the irrigation cycle of the irrigation system when a pre-determined amount of rainfall has occurred.

Recreational Vehicle, is a vehicle, including a park trailer, which is:

1.

Built on a single chassis;

2.

Designed to be self-propelled or permanently towable by a light duty truck; and

3.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational Vehicle Resort, is a premises or a portion of a premises in which sites are improved and offered for lease, rent, or sale in any form to be occupied by certain types of recreational vehicles, or developed with camping cabins utilized for sleeping and eating, to be used for short-term rather than permanent occupancy.

Redevelopment, is any proposed expansion, addition, or major facade change to an existing building, structure, or parking facility.

Reflecting Pool, is a shallow (less than 18" deep) pool designed as a feature of a garden, often associated with seating and/or statues

Reflective Sign, is a sign constructed of mirrors or other surfaces that reflect light.

Religious Institution, is a religious assembly that may also include related facilities such as a rectory, convent, private school, licensed child or adult daycare, recreational facilities, or any combination thereof.

Residential Sign, is any sign, not otherwise defined and regulated in this article as an allowed sign in a residential zoning district, located in a district zoned for residential uses.

Residential Use, means a structure or part of a structure containing dwelling units, including single-family, duplexes, multi-family dwellings, boarding or rooming houses. Residences do not include transient accommodations such as transient hotels, motels, tourist cabins, RV parks, or, in a mixed-use structure, that part of the structure used for any nonresidential uses.

Resort, is a facility principally for the accommodation or short-term residence of transient guests or vacationers, but where the primary attraction is generally recreational features or activities.

Retail Sales Establishment, is an establishment selling goods directly to the consumer. Retaining Wall, is a man-made barrier constructed for the purpose of stabilizing soil, slowing erosion, or terracing a parcel or site.

Right-of-way, is a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, parking strips, sidewalks, lighting, drainage facilities, and canals.

Riparian Buffer, is a vegetated buffer strip along a watercourse that filters stormwater and provides wildlife habitat.

Roadside Fruit and Vegetable Stand, is a temporary building or structure, built in accordance with all applicable Building Code requirements, which is designed, used or intended to be used for the purpose of display and retail sales of farm products, such as fruits, vegetables, food products and flowers.

Roof Line (Deck Line), means the 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 (1) or more principal slopes of the roof. On a flat roof, the roof line is the highest continuous line of a roof or parapet, whichever is higher.

Roof Sign, is any sign, structure, or object painted or affixed to the roof of any building, excluding components integrated into the design of the roof structure, provided that no part of the sign, structure, or object extends vertically above the highest portion of the roof nor extends horizontally breaking the vertical plane of the roofline and/or building, whichever is greater.

Rotating, a sign that revolves or turns or has external sign elements that revolve or turn. Such sign may be power-driven or propelled by the force of wind or air.

Runoff, is stormwater leaving a site due to the force of gravity.

Sand Dunes, are naturally occurring accumulations of sand in ridges or mounds landward of the beach.

School, is an institution for the teaching of children or adults including primary and secondary schools, colleges, professional, dance, business, trade, art, and similar facilities.

Screened, means obscured from public view.

Screening, is a visual barrier consisting of permanent, dense vegetation, or other permitted structure at least equal in height to the recreational vehicle, boat, or boat trailer but which does not violate any height limitation for barriers in the applicable zoning district.

Seating Capacity, is the actual number of seats available for use based upon the number of seats or one seat per 24 inches of bench or pew length. For other areas where seats are not fixed, the seating capacity shall be determined as indicated by the Florida Building Code.

Seawall, is a wall built along a shoreline.

Self-Sufficient Mobile Food Unit, is a mobile food unit containing, as part of the vehicle, a three-compartment sink for washing, rinsing, and sanitizing equipment and utensils; a separate hand-wash sink; adequate refrigeration and storage capacity; full provision for of power utilities including electrical, LP gas, or a portable power generation unit; a potable water holding tank; and a liquid waste disposal system.

Self-Service Storage Facility, is a building used for the storage of personal property where individual owners control individual storage spaces.

Self-Sufficient Mobile Food Unit, is a mobile food unit containing, as part of the vehicle, a three-compartment sink for washing, rinsing, and sanitizing equipment and utensils; a separate hand-wash sink; adequate refrigeration and storage capacity; full provision for of power utilities including electrical, LP gas, or a portable power generation unit; a potable water holding tank; and a liquid waste disposal system.

Septic Tank, see on-site sewage system.

Setback, is the minimum horizontal distance between a structure and a property line.

Shed, is an accessory structure, attached or detached from the primary structure, which is used primarily for storage and not intended for human occupancy. A shed shall not include storage containers or shipping containers.

Shopping Center, is a group of retail and other commercial businesses that are within a development.

Shrub, is a woody plant that produces multiples stems or trunks rather than a single tree-like stem.

Sidewalk, is an improved pedestrian surface that is typically in a right-of-way.

Sign, is any character, letter, figure, symbol, design, model, or device, or combination thereof, and all parts composing the same, together with the frame, background, or support, which is used to attract attention or to convey a message, regardless of the type of surface upon which the message appears and regardless of whether it is permanently affixed, portable, hand held, or worn as part of a costume or item of clothing. Notwithstanding the foregoing, Public Art shall not be considered to be a Sign.

Sign Blade, a sign that is attached to a real estate sign or support structure.

Sill, means a shelf or slab of stone, wood, or metal at the foot of a window or doorway.

Site Development Plan, is the 100% detailed set of construction plans for installation of land development improvements for a site which must be approved prior to the release of a site development permit.

Slope, is the degree of deviation of a surface from the horizontal, usually expressed in percent, degrees, or rise over run.

Social Services. An establishment that provides a variety of community-based services, including but not limited to training, counseling, therapy, or the distribution of food or clothing but for which medical care is not a major element. A social service use shall not include overnight or custodial care facilities which provide living quarters for recipients of the service or staff.

Socially-Active Open Space, is open space with a minimum width of 30 feet that is created and designed for year-round active use by the public in the form of active lawn areas, plazas, squares, courtyards, and gardens. Amenities are logically arranged and typically include paths, formal or informal planting areas, and furnishings.

Sod, is the grass-covered surface of the ground and the soil below the surface only to the depth of the roots of the grass.

Solar Photovoltaic (PV) Arrays, is a device or combination of devices or structures that transforms direct solar energy into thermal, chemical, or electrical energy and that contributes significantly to a structure's energy supply

Solid Waste Transfer Station. A facility where received solid waste may undergo one or more of the following: processing, sorting, or storing, before such materials are reused or repurposed, or are sent to a landfill, waste to energy plant, a recycling center, or similar facility.

Snipe Sign, is a sign made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to or placed on public property such as but not limited to a public utility pole, a public street sign, a public utility box, a public fire hydrant, a public right-of way, public street furniture, or other public property; except for A-frame signs that are temporarily placed on public property under such limitations and constraints as may be set forth in the Land Development Code.

Sound Amplification Device, means equipment designed to increase the volume of sound created by a separate source such as a musical instrument or a human voice. The term does not include a standard radio, DVD player or similar device, but does include "stand alone" amplified microphone systems.

Special Event, is a preplanned single gathering, event or series of related consecutive gatherings or events of an entertainment, cultural, recreational, educational, political, religious, or sporting nature, or any nature, that is sponsored by an individual or entity and is open to the public in general.

Special Exception, is a use which is essential to or would promote the public health, safety, or welfare in one or more districts, but which would impair the integrity and character of the district in which it is located, or in adjoining districts unless restrictions or conditions on location, size, extent and character of performance are imposed in addition to those imposed in this ordinance.

Special Flood Hazard Area, is an area in the floodplain subject to a 1% 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.

Start of Construction, is 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.

Stoop, means a small staircase ending in a platform and leading to the entrance of a building.

Storage, Heavy Equipment, means the outdoor, screened storage of construction equipment including, but not limited to, bulldozers, excavators, cement trucks or earth movers, or the storage of any other motorized vehicle weighing over 10,000 pounds gross vehicle weight that is not used for the transportation of ten or fewer persons from one location to the next. This definition includes semi-trucks used for delivery of goods, trucks used to transport two or more automobiles, and other similar vehicles or equipment, school buses or other commercial buses.

Stormwater, means the flow of water or the water itself which results from precipitation.

Streetscape, is the visual image of a street, including the combination of buildings, parking, signs, and other hardscape and street furniture.

Street Frontage, is the linear dimension of the front of a building site as described in Article III, § 3.8 of the Land Development Code. In the case of a double frontage site and for the purpose of administration of this article, this dimension shall be based on a single lot front adjacent to the street right-of-way of which the site is addressed.

Structure, is anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground including but not limited to fences, signs, kiosks, or similar uses.

Structure-Mounted, means a wireless telecommunications facility, tower or antenna which is mounted to an existing building or structure not otherwise meant to support a wireless telecommunication facility, tower or antenna.

Subdivision, is the division of land into two or more lots or a development consisting of multiple subdivided lots.

Subdivision Construction Plan, is the 100% detailed set of construction plans for installation of land development improvements of a subdivision which must be approved prior to the release of a subdivision infrastructure permit.

Subdivision Plat, is the schematic representation of land divided or to be divided.

Subdivision Plat, Final, is the plat to be given final approval which includes all changes, additional information, and requirements imposed by the city. The final plat is recorded in the county clerk of courts.

Substantial Damage, is the 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% of the market value of the building or structure before the damage occurred.

Substantial Improvement, is any repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50% 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:

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; and

2.

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

Substantial Renovation, means repair or changes worth 50%, or more, of the fair market value of the structure and improvements, not including the land.

Sun Shelter, is a structure having a thatched roof without side walls.

Suspended Sign, is a sign, other than a parasite sign, that is suspended from and supported by the underside of an awning, a marquee, a fascia, an umbrella, or a building overhang.

Swimming Pool, is a structure, whether above or below grade level, designed to hold water more than 30 inches deep to be used for recreational purposes.

Temporary, means sot exceeding 30 consecutive days in duration or of such limited duration as otherwise provided in this article.

Temporary Storage Container, is a standardized, reusable vessel that is designed and constructed for the primary purpose of packing, shipping, and transportation of goods or freight and are designed or capable of being mounted or moved on a truck, train, or ship.

Temporary Use, is a use of land, buildings or structures that are established for a fixed period of time with the intent to discontinue the use upon the expiration of such time.

Tenant, is any person, agent, firm, corporation or division who uses or occupies land, a building or portion of a building by title, under a lease, by payment of rent or who exercises limited control over the space, where the space meets the Florida Building Code requirements of fire partitions which require a wall permitted by the building type of construction that is fire-resistant rated of not less than one hour that separates individual tenant spaces.

Thatched Roof, is a roof constructed of palm or palmetto fronds. The fronds shall be attached in such a manner that they are sacrificed in winds exceeding 70 mph.

Traditional Public Forum, is a place that has, by tradition or practice, been held out for general use by the public, including, but not limited to, public parks, sidewalks, and areas that have been open to political speech and debate.

Traffic Control Device Sign, is any Government Sign located within the right-of-way that is used as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. A traffic control device sign includes those Government 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).

Trailer, is any vehicle without motive power designed for carrying persons or property on its own structure and to be drawn by a motor vehicle regardless of hitch type.

Trailer, Boat, is a trailer that is designed and constructed by the manufacturer for the primary purpose of carrying and launching a boat.

Transient Occupants, means any person, or guest or invitee of such person, who occupies or is in actual or apparent control or possession of residential property registered as a vacation rental. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of the vacation rental is a transient occupant.

Tree, is a self-supporting plant having at least one well-defined woody stem or trunk and normally attaining a mature height of at least 15 feet, with an average mature spread of at least 15 feet.

Tree, Accent, is a smaller tree whose mature height can be expected to range between 15 feet and 30 feet and which has an expected crown spread range between 15 feet and 25 feet.

Tree, Canopy, is a larger tree species that normally achieves an overall height and spread at maturity of 30 feet or more.

Tree, Palm, is an unbranched, evergreen tree that grows in tropical regions and has a straight, tall trunk and many large leaves at the top of the trunk.

Trellis, is a vertical panel of lattice designed to support vine plants.

Truck, is any motor vehicle, other than a pickup truck or light van, designed primarily for the transportation of property or cargo.

Utility Line, is an underground conduit and related facilities, including pipe or cable, by which a person furnishes material or service.

Utilities, Incidental Activities or Facilities, means the construction or placement of public utilities or other infrastructure on a permanent or temporary basis. Examples of "incidental utility activities" include drainage improvements, stormwater retention or detention features, valves, hydrants, street improvements, temporary boat launches for water quality sampling, extension of water and sewer lines, and small-scale lift stations that are not enclosed in a structure (125 cubic feet or less).

Utilities, Major Public Facilities, is any public service improvement or structure developed by or for a public agency that is not defined as an incidental public facility, including but not limited to electrical substations, sewer and water treatment plants, water reservoirs, trunk lines, regional stormwater detention facilities, new or expanded public buildings designed for human occupancy that increase traffic within a neighborhood, and active park improvements such as ball fields or restroom facilities.

Utilities, Private, means utilities that are not subject to city acceptance for operation or maintenance. For purposes of this code, private utilities include natural gas lines, power lines, telephone lines, cable television lines, and other communication lines, their appurtenances and any component part(s) thereof, and the utility companies' operation, maintenance, repair, and replacement of same.

Variance, means a departure from the terms of this ordinance pertaining to height, width, depth and area of structures and size of yards, and parking space and sign requirements, where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of the actions of the applicant, the literal enforcement of this ordinance would result in unnecessary and undue hardship.

Vehicle and Boat Storage, means a commercial enterprise the purpose of which is the storage outside a building of operable and licensed vehicles, boats, or boat trailers, and not the sale or lease of such vehicles, boats, or boat trailers.

Vehicle Fueling Station, means any place where motor vehicle fuel is sold and dispensed. Accessory activities may include the retail sale of convenience items or a car wash.

Vehicle for Human Habitation, is a house car, camp car, camper, house trailer, or any vehicle by whatever name known, school bus, or other bus designed or adaptable for human habitation, whether such vehicle moves by its own power or by power supplied by a separate vehicle.

Vehicle Repair, Major, an establishment that provides general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting services. These establishments generally keep vehicles overnight or for a period exceeding two days.

Vehicle Repair, Minor, an establishment that provides minor repairs such as incidental body and fender work, oil changes, patching or replacing tires, tune-ups, brake repair or installation or other similar functions. These establishments typically do not keep cars for stays of more than two business days.

Vehicle Repair Service Establishment, is a building or structure used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles.

Vehicle Sales, is the sale of motorized vehicles such as cars, trucks, vans, and motorcycles.

Vehicle Sign, means any sign that is attached to or painted on a vehicle or trailer, parked to be visible from and to clearly provide advertising visible from the public right-of-way or parked on public property to clearly provide a commercial message close to the public right-of-way, unless the vehicle is used by a proprietor or employee of the business for commuting between the business location and home or is used in the usual course or operation of a business. Factors to be considered in determining whether a vehicle is used in the usual course or operation of a business shall include whether the vehicle is operable, whether the vehicle has a current registration in the State of Florida, the role the vehicle plays in the business, and the frequency with which the vehicle is used in the course or the operation of the business. In addition, any sign that is composed of fabric, paper, or other lightweight material, or wood (unless the wood is an integral part of the vehicle itself), or that is physically supported by a motor vehicle, but not applied directly to the surface of the motor vehicle, or that is attached to the vehicle in such a manner as to constitute a safety hazard if the vehicle were to be driven with the sign in place, such as signs located so as to impair the vision of the driver of the vehicle or insecurely mounted so as to present a danger of falling off the vehicles while it is being driven, shall be presumed to be a vehicle sign. Further, any sign bearing a commercial message that is attached to or painted on a vehicle or trailer which is routinely parked or otherwise located on a site or sites other than that at which the firm, product, or services advertised on such sign is offered shall be presumed to be a vehicle sign.

Vested Property Rights, means the right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan or an approved phased development plan for a specified time, regardless of changes in this ordinance.

Vicinity Map, is a drawing or diagram, to the appropriate scale to show the location of the proposed development in relation to abutting properties, major streets, and other known landmarks.

Visibility Triangle, is a triangular area at the intersection of two streets, or a street and a driveway; two sides of which are measured from the point of intersection for a distance specified. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides.

Wall, is an upright structure, with a continuous footer, constructed of building material, such as masonry, wood, or plaster serving to enclose, divide, or protect an area.

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

Water Frontage Line, means the line at which a waterfront parcel abuts the waterway. If the waterfront parcel has a seawall, the seawall face shall be deemed the water frontage line for the parcel. For waterfront parcels that have a property line, but no seawall, abutting the waterway, such property line shall be deemed the water frontage line. See Diagram 5.5.4.A.

Waterfront Parcel, means a parcel which abuts a waterbody.

Waterway, is any man-made or natural body of water, including, canals, lakes, and basins, within the City of Cape Coral.

Waterway Access Ratio, means shall be calculated by dividing the waterway access width by the calculated width of the waterway. See 5.5.4.B.

Waterway Center Point (WCP), is a point on the centerline of the canal 40 feet from the water's end. See Diagram 5.5.4.B.

Watercourse, is a channel in which a flow of water occurs either continuously or intermittently in a definite direction. The term applies to either natural or artificially constructed channels.

Watercraft, is a boat, houseboat, canoe, raft, surfboard, or other apparatus designed for use on water, including motors or engines designed to propel such craft or apparatus.

Watercraft, Personal, is a recreational watercraft that a rider sits or stands on rather than inside, as one would a boat.

Wetlands, are lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: (a) have a predominance of hydric soils; (b) are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (c) under normal circumstances support a prevalence of such vegetation.

Wildlife Rehabilitation Center, establishments that provide treatment, care, and rehabilitation of injured or sick wildlife.

Window/Door Sign, any sign, picture, symbol, or combination thereof that is placed upon a window or door and that is visible from the exterior of the window or door. The term WINDOW/DOOR SIGN shall not include interior signs and/or product displays that are located inside a business unit and that are visible from outside the business unit. Furthermore, Public Art on windows or doors shall not be deemed to be WINDOW/DOOR SIGNS.

Wireless Communication, is the transmission and reception of voice, data or video transmission via radio frequency (RF) signals through electromagnetic energy.

Wireless Communication Facility (WCF), is any cables, wires, lines, wave guides, antennas, and other equipment associated with the transmission or reception of telecommunications installed upon a tower or antenna support structure, including ground-based equipment in direct support of such transmission or reception. However, the term "Wireless communication facility" shall not include amateur radio antennas.

Yard, is the open space surrounding the principal building on any lot, unoccupied and unobstructed by a portion of that building from the ground to the sky except where specifically permitted by this ordinance. Yards are further defined as follows:

(a)

Front yard. That portion of the yard extending the full width of the lot and measured between the front lot line and a parallel line tangent to the nearest part of the principal building, which line shall be designated as the front yard line.

(b)

Rear yard. That portion of the yard extending the full width of the lot and measured between the rear lot line and parallel line tangent to the nearest part of the principal building, which line shall be designated as the rear yard line.

(c)

Side yards. Those portions of the yard extending from the front yard to the rear yard as measured perpendicular from the side lot line to the nearest parts of the principal building.

(Ord. No. 29-20, § 5, 5-11-2020; Ord. No. 44-20, § 3, 6-8-2020; Ord. 46-20, § 2, 7-27-2020; Ord. 34-21, § 2, 6-16-2021; Ord. 38-21, § 7, 6-2-2021; Ord. 39-21, § 5, 6-16-2021; Ord. 43-21, § 4, 6-2-2021; Ord. 80-21, § 5, 11-3-2021; Ord. 69-21, § 5, 10-20-2021; Ord. 98-21. § 5, 1-19-2022; Ord. 96-22, § 1, 11-30-2022; Ord. 89-22, § 5, 1-25-2023; Ord. 20-24, § 4, 6-5-2024; Ord. 66-24, § 3, 10-16-2024; Ord. 55-25, § 3, 11-19-2025)