For the purpose of these land development regulations, certain terms or words used herein shall be interpreted as follows:

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

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

The word shall is mandatory, the word may is permissive.

The words used or occupied include the words intended, designed, or arranged to be used or occupied.

The word lot includes the words plot, parcel, tract, or site.

The word structure includes the word buildings as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground. Among other things, structures include walls, buildings, signs, and swimming pools, but excluding solid, wire or chainlink fences, which shall not be considered a structure under these land development regulations although the location of such fences shall not constitute an obstruction to visibility at entranceways or adjacent streets.

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

The word abut shall not include directly across from.

The words board of county commissioners mean the board of county commissioners of Columbia County, Florida.

The word county means Columbia County, Florida.

Abandoned motor vehicle. Abandoned motor vehicle means one that is in a state of disrepair and incapable of being moved under its own power.

Abutting or adjacent property. Abutting or adjacent property means property that is immediately adjacent (not separated by a street) to the property being considered under these land development regulations.

Access. Access means the primary means of ingress and egress to abutting property from a dedicated right-of-way.

Accessory use or structure. An accessory use or structure is a use or structure of a nature customarily incidental and subordinate to the principal use or structure and, unless otherwise provided, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory building.

Addition. Addition means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load bearing wall is new construction.

Administrator. Administrator means the land development regulation administrator designated by the board of county commissioners for the administration and enforcement of these land development regulations (see Land development regulation administrator).

Adversely affect. Adversely affect means increases in flood elevations on adjacent properties attributed to physical changes in the characteristics of the official 100-year flood area due to development.

(Ord. No. 2025-05, § 2, 2-20-25)

Agricultural use plan. Agricultural use plan means the formal document submitted by an applicant to the Florida Department of Environmental Protection which describes the controlled use residuals as part of a planned agricultural operation as provided for in Florida Administrative Code, chapter 62-640.500.

(Ord. No. 2006-22, § 1, 8-3-06)

Airport elevation. Airport elevation means the highest point of an airport's usable landing area measured in feet from mean sea level.

Airport, private. Airport, private means the Cannon-Creek Airport and the Lake City Airpark, as they existed on the effective date of this article, unless otherwise herein provided.

Alter or alteration of a stormwater management system. Alter or alteration of a stormwater management system means work done other than that necessary to maintain the system's original design and function.

[Alter or] alteration. Alter or alteration means any change in size, shape, occupancy, character, or use of a building or structure.

Alley or service drive. Alley or service drive means a public or private right-of-way which affords only a secondary means of access to property abutting thereon.

Application site. Application site means a parcel of property containing the application zones or zones for a special permit for landspread of domestic sludge.

(Ord. No. 2006-22, § 1, 8-3-06)

Application zone. Application zone means the designated area or areas on the application site where domestic sludge will be applied in accordance with a special permit for landspread of domestic sludge.

(Ord. No. 2006-22, § 1, 8-3-06)

Aquifer or aquifer system. Aquifer or aquifer system means a geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield significant quantities of water to wells and springs.

Arterial streets. Arterial streets means streets which conduct large volumes of traffic over long distances and are functionally classified as such on the future traffic circulation map of the county's comprehensive plan.

Automobile wrecking or automobile wrecking yard. Automobile wrecking or automobile wrecking yard refers to the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.

Automotive service station. Automotive service station means an establishment whose principal business is the dispensing at retail of motor fuel and oil primarily for automobiles and where grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. In addition, an automotive service station may provide accessory facilities for car washing and polishing and may render minor repair services. However, major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, tire recapping or regrooving, storage of automobiles not in operating condition, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations are prohibited. An automotive service station is not a repair garage, a body shop, truck stop, or a car wash.

Automotive self-service station. Automotive self-service station means an establishment where motor fuel pumps are erected for the purpose of dispensing motor fuel at retail primarily for automobiles, but does not include minor automotive repair or the outside display of batteries tires and automobile accessories nor additional services which are customarily associated with an automotive service station.

Where such motor fuel pumps are erected in conjunction with a convenience store or any other retail commercial outlet, which sells food, hardware or drugs, each use shall be considered as a separate principal use and as such, each must meet all applicable requirements of these land development regulations (see article 4 for special design standards for automotive service and self-service stations).

Base flood. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Basement. Basement means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from the grade to the floor below is less than the vertical distance from the grade to the ceiling provided, however, that the distance from the grade to the ceiling shall be at least four feet six inches. (See Cellar).

Bar, cocktail lounge, or tavern. Bar, cocktail lounge, or tavern means any establishment which is devoted primarily to the retailing and on-premises drinking of malt, vinous, or other alcoholic beverages, and which is licensed by the State to dispense or sell alcoholic beverages.

Bicycle and pedestrian ways. Bicycle and pedestrian ways means any road, path or way which is open to bicycle travel and traffic afoot and from which motor vehicles are excluded.

Block. Block includes tier or group and means a group of lots existing with well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter, or other name through which it may be identified.

Board of adjustment. Board of adjustment means the board of adjustment of the county, as herein provided for within these land development regulations.

Borrow pit. Borrow pit means an excavated area where earthen material is borrowed to be used at another location. Refer to sections 4.2 and 14.7.1.

(Ord. No. 2002-33, § 1, 10-17-02)

Buildable area. Buildable area means that portion of a lot remaining after the required yards have been provided. Buildings may be placed in any part of the buildable area, but limitations on the percent of lot which may be covered by buildings may require open space within the buildable area.

Building. Building means any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the enclosure or shelter of persons, animals, vehicles, goods, merchandise, equipment, materials, or property of any kind. This definition shall include tents, dining cars, trailers, mobile homes, sheds, garages, carports, animal kennels, storerooms, or vehicles serving in any way the function of a building as described herein. This definition of a building does not include screened enclosures not having a roof impervious to weather.

Building front yard setback line. Building front yard setback line means the rear edge of any required front yard as specified within these land development regulations. Except as specifically provided within these land development regulations, no building or structure may be erected or extended to occupy any portion of a lot streetward of the building line.

Building, height of. Height of building means the vertical distance measured from the established grade at the corner of a front of a building to the highest point of the roof surface of a flat roof, to the deck line of a mansard or Bermuda roof, to the mean height level between eaves and ridge of gable, hip, cone, gambrel and shed roofs, and to a height three-fourths the distance from the ground to the apex of A-frame and dome roofs. (See article 4, Exclusions from Height Limitations).

Building line. Building line means the rear edge of any required front yard or the rear edge of any required setback line. Except as specifically provided by these land development regulations, no building or structure may be erected or extended to occupy any portion of a lot streetward or otherwise beyond the building line.

Building permit. Building permit means a permit to construct or reconstruct any structure having a roof and used or built for a shelter enclosure of persons, animals, or property of any kind. This definition does not include foundation permits.

Business. The term business relates to the provisions found within article 14 of these land development regulations related to temporary use permits for nonseasonal goods and services and means any marketing activity conducted for the sale of nonseasonal goods or services, including the sale of automobiles and vehicles, for a profit.

(Ord. No. 2002-34, § 1, 11-7-02)

Campground. A place, parcel, lot, or tract of land designed, designated, or intended to be occupied by tents, recreational vehicles, cabins, and/or campsites on a temporary basis.

(Ord. No. 2018-17, § 1, 12-6-18)

Campsite. An individual area within a campground intended to be occupied by a camping unit or units under the control of a camper.

(Ord. No. 2018-17, § 1, 12-6-18)

Capital budget. Capital budget means the portion of the county's annual budget which reflects capital improvements scheduled for a fiscal year.

Capital improvements. Capital improvements means physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale and high in cost. The cost of a capital improvement is generally non-recurring and may require multi-year financing. For the purpose of these land development regulations, physical assets which have been identified as existing or projected needs in the individual comprehensive plan elements shall be considered capital improvements.

Cellar. Cellar means that portion of a building, the ceiling of which is entirely below grade or less than four feet six inches above grade (see Basement).

Child care center. Child care center means an establishment where six or more children, other than members of the family occupying the premises, are cared for during the day. The term includes day nurseries, kindergartens, day care services, nursery school, or play school.

Child care center, overnight. Overnight child care center means an establishment where six or more children other than members of the family occupying the premises are cared for not only during the day but overnight. An overnight child care center provides full overnight sleeping facilities for such children.

Church. Church means a building set apart as a place of public worship for any religion.

Clinics, medical or dental. Medical or dental clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is regulated by the State.

Club, private. For the purposes of these land development regulations, private clubs means those associations and organizations of a civic, fraternal, recreational, or social character not operated or maintained for profit. The term "private club" shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.

Collector streets. Collector streets means streets which serve as the connecting link for local streets and arterials. The traffic characteristics generally consist of relatively short trip lengths with moderate speeds and volumes. In addition, collectors are so functionally classified as such on the future traffic circulation map of the county's comprehensive plan.

Communication antenna. Communication antenna means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC).

Communication tower. Communication tower means a tower greater than 75 feet in height (including antenna) which supports communication equipment (for either transmission or receiving). The term communication tower shall not include amateur radio operators' equipment, including citizen's band (CB), VHF and UHF aircraft/marine, and other similar operators. Design examples of communication towers are described as follows: (a) self-supporting lattice; (b) guyed; and (c) monopole.

Community residential home. A community residential home means a dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services, which provide a living environment for seven 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 physical emotional, and social needs of the residents. (See also article 4.)

Commercial kennel. Commercial kennel means a commercial establishment which offers and provides to the public the service of on-site boarding, sale, breeding or training of dogs.

Completely enclosed building. Completely enclosed building means a building separated on all sides from adjacent open space or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.

Comprehensive plan. Comprehensive plan means the official county comprehensive plan adopted by the board of county commissioners pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. §§ 163.3161 to 163.3244, as amended) and chapter 9J-5, Florida Administrative Code, as amended.

Cone of influence. Cone of influence means an area around one or more major water wells the boundary of which is determined by the board of county commissioners based on groundwater travel or drawdown depth.

Conservation plan. Conservation plan means a record of the client's decisions and supporting information, for treatment of a land unit or water as a result of the planning process that meets field office technical guide quality criteria for each natural resource (soil, water, air, plants, and animals) and takes into account economic and social considerations for a special permit for landspread of domestic sludge. The conservation plan describes the schedule of operations and activities needed to solve identified natural resource problems and take advantage of opportunities at a conservation management system level. The needs of the client, the resources, Federal, state, and local requirements will be met.

(Ord. No. 2006-22, § 1, 8-3-06)

Construction, actual. Actual construction includes the placing of substantial construction materials in permanent position and fastened in a permanent manner; except that where demolition, excavation, or removal of an existing structure has been substantially begun preparatory to new construction, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be continuously carried on until the completion of the new construction involved. Actual construction shall include only work begun under a valid building permit.

Continuing in good faith. Continuing in good faith means the final development order for a project has not expired, and no period of 90 consecutive days passes without the occurrence, on the land, of development activity which significantly moves the proposed development toward completion, unless the developer establishes that such 90-day lapse in development activity was due to factors beyond the developer's control or unless development activity authorized by a final development order has been completed on a significant portion of the development subject to said final development order and has significantly moved the entire development toward completion.

County health department. County health department means the health department of the county.

Cul-de-sac. Cul-de-sac means a local street of relatively short length with one end open and the other end terminating in a vehicular turnaround.

Curb break. Curb break means a driveway or any other point of access or opening for vehicles onto a public street.

Day care center or nursery. See Child care center.

Density, gross residential. [Gross] residential density refers to the number of residential dwelling units permitted per gross acre of land and is determined by dividing the number of units by the total area of land within the boundaries of a lot or parcel including dedicated rights-of-way and except as otherwise provided for in these land development regulations. In the determination of the number of residential units to be permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit.

Developer. Developer means any person, including a governmental agency, undertaking any development as defined in F.s. chapter 163, part II and F.S. § 380.04, as amended.

Development. Development has the meaning as defined in F.S. §§ 163.3161 to 163.3244 and F.S. § 380.04, as amended. As used in section 2.4, entitled Vested rights, in addition to the above-stated definition, development shall also mean the particular development activity authorized by the unexpired development order issued for a specific project.

Development order. Development order means any order granting, denying, or granting with conditions an application for a development permit, which includes any building permit, subdivision approval, rezoning, certification or designation, special exception, variance, special or temporary permit, or any other official action of the appropriate county approval body or land development regulation administrator having the effect of permitting the development of land.

Domestic septage. Domestic septage means the liquid and solid material pumped from a septic tank, holding tank, portable toilet, or similar domestic sewage treatment or holding system when the system is cleaned or maintained, but shall not include any manufactured or manmade item or product.

(Ord. No. 2006-22, § 1, 8-3-06)

Domestic sludge. Domestic sludge means any wastewater sludge which is generated by a domestic wastewater treatment plant or related operation including, but not limited to, domestic septage as defined herein. The material may be either solid, liquid or semisolid. Domestic sludge does not include treated effluent from a wastewater treatment plant or any manufactured or manmade product or item.

(Ord. No. 2006-22, § 1, 8-3-06)

Dormitory. Dormitory means a space in a unit where group sleeping accommodations are provided with or without meals for persons not members of the same family group, in one room or in a series of closely associated rooms under joint occupancy and single management, as in college dormitories, fraternity houses, and military barracks.

Drive-in restaurant or refreshment stand. Drive-in restaurant or refreshment stand means any place or premises where provision is made on the premises for the selling, dispensing, or serving of food, refreshments, or beverage to persons in automobiles and/or in other than a completely enclosed building on the premises, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in automobiles on the premises. A restaurant which provides drive-in facilities of any kind shall be deemed a drive-in restaurant for the purposes of these land development regulations. A barbecue stand or pit having the characteristics noted in this definition shall be deemed a drive-in restaurant.

Drainage basin. Drainage basin means the area defined by topographic boundaries which contributes stormwater to a drainage system, estuarine waters, or oceanic waters, including all areas artificially added to the basin.

Drainage detention structure. Drainage detention structure means a structure which collects and temporarily stores stormwater for the purpose of treatment through physical, chemical, or biological processes with subsequent gradual release of the stormwater.

Drainage facilities. Drainage facilities means a system of manmade structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures.

Drainage retention structure. Drainage retention structure means a structure designed to collect and prevent the release of a given volume of stormwater by complete on-site storage.

Drive-in theater. Drive-in theater means a place of outdoor assembly used for the showing of plays, operas, motion pictures, and similar forms of entertainment which is designed to permit the audience to view the performance from vehicles parked within the theater. (See also article 4.)

Dwelling unit (D.U.). Dwelling unit means a room or rooms connected together, constituting a separate, independent housekeeping establishment for one family, for owner occupancy or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping facilities and one kitchen.

Dwelling, single-family. Single-family dwelling means a building containing only one dwelling unit and structurally connected to no other dwelling. For regulatory purposes, the term is not to be construed as including mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, house boats, or other forms of temporary or portable housing.

Dwelling, mobile home or mobile home. Mobile home dwelling or mobile home means a detached one-family dwelling unit which is a manufactured home licensed by the State and has affixed thereto the required code seal and label issued by the Florida Department of Community Affairs. (If Florida seals are missing from the home, a factory data sheet or HUD seal identifying that the home was constructed for location in the State shall meet this requirement.) In addition, such mobile [home] has also been determined by the county land development regulation administrator to have all the following characteristics: (a) designed for longterm occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems; (b) having three or more sidewall ties, which are located on the unit; (c) designed for transportation after fabrication on streets or highways on its own wheels or on a flatbed or other trailers; and (d) arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities, and the like. A travel trailer is not to be considered a mobile home.

Dwelling, one-family. One-family dwelling means one building under one roof containing only one dwelling unit. A one-family dwelling may be either a single family dwelling or a mobile home dwelling.

Dwelling, two-family or duplex. A two-family or duplex dwelling is one building under one roof containing only two dwelling units.

Dwelling, multiple- or multi-family. Multiple-family dwelling means one building under one roof containing three or more dwelling units. Housing for the aged which does not provide for routine nursing and/or medical care shall be construed to be a multiple-family dwelling.

Dwelling, multiple dwelling use. For purposes of determining whether a lot is in multiple dwelling use, the following considerations shall apply:

(a)

Multiple dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management or cooperative apartments, condominiums, and the like.

(b)

Where an undivided lot contains more than one building and the buildings are not so located that lots and yards conforming to requirements for single- or two-family dwellings in the district could be provided, the lot shall be considered to be in multiple dwelling use if there are three or more dwelling units on the lot, even though the individual buildings may each contain less than three dwelling units.

(c)

Guest houses and servant's quarters in connection with single-family residences shall not be considered as dwelling units in the computation of (b) above.

(d)

Any multiple dwelling in which dwelling units are available for rental for periods of less than one week shall be considered a tourist home, a motel, motor hotel, or hotel as the case may be.

Easement. Easement means any strip of land created by a subdivider for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Engineer. Engineer means a professional engineer registered to practice engineering by the state who is in good standing with the Florida Board of Engineer and Land Surveyors Examiners.

Essential services. See section 4.2.

Exotic animals. Exotic animals means all animals excepting house cats (felis catus domestica), dogs (canis familiares) including feathered vertebrates other than poultry and livestock as defined in this section of these land development regulations.

Extermination. Extermination means the control and extermination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods.

Facility. Facility means a building or buildings, appurtenant structures and surrounding land area used by a single business private entity or governmental unit or subunit at a single location or site.

Family. Family means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, marriage or foster care, no family shall contain over three persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families and not more than two roomers or boarders may occupy the dwelling unit. (For three or more roomers or boarders, see Group living facility). Family shall not be construed to mean a fraternity, sorority, club, monastery or convent, or institutional group.

Fill. Fill means any materials deposited for the purpose of raising the level of the land surface.

Flood. Flood means the unusual and rapid accumulation or runoff of surface water of any source.

Flood elevation of record. Flood elevation of record means the maximum flood elevation for which historical records exist.

Flood insurance rate map (FIRM). Flood insurance rate map (FIRM) means the official map of the county, issued by the Federal Emergency Management Agency where both the areas of special flood hazard and the risk premium zones applicable to the county have been delineated.

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

Floodplains. Floodplains means areas adjacent to a watercourse inundated during a 100-year flood event and identified by the Federal Emergency Management Agency on flood insurance rate maps.

Floodway. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

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

Floor area. Floor area means, except as may be otherwise indicated in relation to particular districts and uses, the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, excluding attic areas with a headroom of less than seven feet, unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or heating or other building machinery and equipment, parking structures and basement space where the ceiling is not more than 48 inches above the general finished and graded level of the adjacent part of the lot.

Floridan aquifer system. Floridan aquifer system means the thick carbonate sequence which includes all or part of the Paleocene to early Miocene series and functions regionally as a water-yielding hydraulic unit. Where overlaid by either the intermediate aquifer system or the intermediate confining unit, the Florida[n] contains water under confined conditions. Where overlaid directly by the surficial aquifer system, the Floridan may or may not contain water under confined conditions, depending on the extent of low permeability materials in the surficial aquifer system. Where the carbonate rocks crop out, the Floridan generally contains water under unconfined conditions near the top of the aquifer system, but, because of vertical variations in permeability, deeper zones may contain water under confined conditions. The Florida[n] aquifer is the deepest part of the active groundwater flow system. The top of the aquifer system generally coincides with the absence of significant thicknesses of clastics from the section and with the top of the vertically persistent permeable carbonate section. For the most part, the top of the aquifer system coincides with the top of the Suwannee limestone, where present, or the top of the Ocala group. Where these are missing, the Avon Park limestone or permeable carbonate beds of the Hawthorn formation for the top of the aquifer system. The base of the aquifer system coincides with the appearance of the regionally persistent sequence of anhydride beds that lie near the top of the Cedar Keys limestone.

Frontage of a lot. See Lot frontage.

Garage, parking. Parking garage means a building or portion thereof designed or used for temporary parking of motor vehicles.

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

Garage, repair. Repair garage means a building or portion thereof, other than a private, storage, or parking garage or automotive service station, designed or used for repairing, equipping, or servicing of motor vehicles. Such garages may also be used for hiring, renting, storing, or selling of motor vehicles.

Garage, storage. Storage garage means a building or portion thereof designed and used exclusively for the storage of motor vehicles, and within which temporary parking may also be permitted.

Garbage. Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Grade. Grade means the level of the finished ground surface immediately adjacent to the exterior walls of the building.

Groundwater. Groundwater means water in saturated zones or stratum beneath the surface of land or water, whether or not it is flowing through known and definite channels.

Group home care facility. Group home care facility means any building occupied by seven or more persons including staff, whether operated for profit or not, which provides for a period exceeding 24 hours one or more personal services for persons not related to the owner or administrator by consanguinity, adoption, or marriage, which require such services. The personal services, in addition to housing, may include, by [but] not be limited to, food services, personal assistance with bathing, dressing, housekeeping, adult supervision, emotional security, and other related service, but not including medical services.

Group living facility. Group living facility means an establishment where lodging is provided (a) for four or more persons who are not a family or for three or more roomers or boarders, (b) for residents rather than transients, (c) on a weekly or longer basis, and (d) in which residents may share common sleeping or kitchen facilities. Group living facility includes dormitories, fraternities, sororities, rooming or boarding houses, convents or monasteries, orphanages, and housing for other institutional groups. For the purposes of these land development regulations, one-, two-, or multiple-family dwellings which constitute separate, individual housekeeping establishments for one family shall not be considered to be group living facilities.

Guest house or guest cottage. Guest house or guest cottage means a dwelling unit in a building separate from and in addition to the main residential building on a lot, intended for intermittent or temporary occupancy by a non-paying guest, provided, however, that such quarters shall have no cooking facilities, shall not be rented, and shall not have separate utility meters. (Such use shall be exempt from density requirements.)

Habitable room. Habitable room means a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.

Habitable story. Habitable story means any story used or to be used for living purposes, which includes working, sleeping, eating, cooking, recreation, or a combination thereof. A story used only for storage purposes having only non-loadbearing walls, e.g., breakaway lattice-work, wall, or screen, is not a "habitable story".

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

Height of a building. See Building height.

Highest adjacent grade. Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Home occupation. Unless otherwise provided herein, a home occupation is an occupation conducted entirely in a dwelling unit, in accordance with the home occupation criteria in section 4.2 of these land development regulations.

Hotel, motel, motor hotel, motor lodge, tourist court. The words hotel, motel, motor hotel, motor lodge, and tourist court are to be considered synonymous terms and to mean a building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with daily charge, as distinguished from multiple-family dwellings and group living facilities, where rentals are for periods of a week or longer and occupancy is generally by residents rather than transients.

Improvements. Improvements may include, but are not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, road and street signs, landscaping, permanent reference monuments ("PRMs"), permanent control points ("PCPs"), or any other improvements required by these subdivision regulations.

Infestation. Infestation means the presence within or around a dwelling, of any insects, rodents, or other pests.

Intensive agricultural development. Intensive agricultural development means those agricultural land uses requiring an industrial waste permit from the Florida Department of Environmental Protection.

(Ord. No. 2002-3, § 1, 2-21-02)

Intensive agriculture. Intensive agriculture means those farming and agricultural operations or uses requiring an industrial waste or wastewater permit from the Florida Department of Environmental Regulation [Protection]. Existing agricultural activities as of the date of adoption or subsequent amendment of these land development regulations will not be required to obtain a special use permit from the county for those existing agricultural activities, except as provided herein. Expansion or change of existing agricultural activities after the date of adoption or subsequent amendment of these land development regulations for which an industrial waste or wastewater permit is required form the state for that expansion or change will also require a special use permit from the county, unless the expansion or change is required by the state to maintain the same livestock population of the activity as existed on the date of adoption or subsequent amendment of the land development regulations.

Intensive industrial development. Intensive industrial development means all industrial land uses where substances with a high potential of soil or water contamination are required, used or present. Intensive industrial uses shall consist of the following uses.

(a)

Hazardous waste transfer or disposal sites;

(b)

Textile mills;

(c)

Ammunition manufacturing plant;

(d)

Primary metal manufacture;

(e)

Chemical and fertilizer manufacturer;

(f)

Paint, oil (including linseed), shellac, turpentine, lacquer or varnish manufacturing;

(g)

Wood preservation, resin, synthetic rubber and artificial synthetic fibers and filaments manufacture;

(h)

Pesticide and other agricultural chemical manufacturing;

(i)

Plastic product manufacturing;

(j)

Paper and pulp manufacturing;

(k)

Petroleum refining;

(l)

Rendering plant;

(m)

Wholesale bulk fuel storage;

(n)

Auto salvage yard;

(o)

Asphalt plant;

(p)

Battery reclamation or manufacturing;

(q)

Electronic manufacturing using halogenated solvents; and

(r)

Similar industrial uses which either produce byproducts which may be a source of groundwater contamination or which utilize materials which may be a source of groundwater contamination.

(Ord. No. 2002-3, § 1, 2-21-02)

Junk yard. Junk yard means a place, structure, or lot where junk, waste, discarded, salvaged, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are brought, bought, sold, exchanged, baled, packed, disassembled, stored, or handled, including used lumber and building material yards, house wrecking yards, heavy equipment wrecking yards, and yards or places for the storage, sale, or handling of salvaged house wrecking or structural steel materials. This definition shall not include automobile wrecking or automobile wrecking yards and establishments for the sale, purchase, or storage of secondhand cars, clothing, salvaged machinery, furniture, radios, stoves, refrigerators, or similar household goods and appliances, all of which shall be usable, nor shall it apply to the processing of used, discarded, or salvaged materials incident to manufacturing activity on the same site where such processing occurs.

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

Land development regulations. Land development regulations means regulations which address the use of land and water, subdivision of land, drainage and stormwater management, protection of environmentally sensitive areas, sign control, standards for public facilities and services, on-site traffic flow and parking and any other regulation so deemed appropriate by the board of county commissioners.

Land development regulation administrator. Land development regulation administrator means the official designated by the board of county commissioners for the administration and enforcement of these land development regulations.

Landmark. Landmark means a building or structure which has been designated as such within the comprehensive plan.

Landmark site. Landmark site means the land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises or the setting for the landmark.

Landspread. Landspread means the application of domestic sludge to land for agricultural, reclamation, storage, or any other purpose. Landspread does not mean the placement of domestic sludge in a permitted landfill or other treatment facility.

(Ord. No. 2006-22, § 1, 8-3-06)

Landspread special permit. Landspread special permit means the special permit for landspread of domestic sludge required by these land development regulations prior to the application of domestic sludge to land within the county.

(Ord. No. 20060-22, § 1, 8-3-06)

Level of service. Level of service means an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service indicates the capacity per unit of demand for each public facility.

Lien. Lien means a claim on the property of another as security against the payment of a just debt.

Livestock. Livestock means all domesticated animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle and poultry.

Local planning agency. Local planning agency means the agency designated by the board of county commissioners, under the provisions of F.S. §§ 163.3161 to 163.3244, as amended.

Local streets. Local streets means streets whose primary function is to provide the initial access to the collector and arterial roadways. These facilities are characterized by short trips, low speeds, and small traffic volumes.

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

Lot. Lot means a portion of a subdivision or any parcel of land intended as a unit for building development or for transfer of ownership or both. For the purposes of these land development regulations, a lot shall be of at least sufficient size (a) to meet minimum zoning requirements for use, coverage, and area, and (b) to provide such yards and open spaces as are herein required (provided that certain non-conforming lots of record are exempted from certain of the provisions of these land development regulations. (See section 2.3.)

Lot includes the words "plot", "parcel", "tract", or "site" and may consist of:

(a)

A single lot of record;

(b)

A portion of a lot of record;

(c)

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

(d)

A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of these land development regulations.

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

Lot coverage. Lot coverage means that percentage of lot area that is covered or occupied by buildings, including accessory buildings.

Lot, flag. Flag lot means a lot which has a long narrow portion (usually used for ingress and egress) which is connected to and is a part of a rectangular or square shaped parcel. Flag lots are not permitted by these land development regulations as they do not meet minimum lot frontage requirements. (See Lot frontage.)

Lot frontage. The front of an interior lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as set out in these land development regulations. No flag lots shall be permitted.

Lot line. Lot line means the lines bounding a lot as established by ownership.

Lot measurement, depth. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connection [connecting] the foremost points on the side lot lines in front and the rearmost points of the side lot lines in the rear.

Lot Measurement—Depth

Lot measurement, width. Width of a lot shall be considered to be the average distance between straight lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the foremost points of the side lot lines in front (where they intersect with the street line) and the rear most points of the side lot lines in the rear, provided however that the width between the side lot lines at their foremost points in the front shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the width shall not be less than 60 percent of the required lot width.

Lot Measurement—Width

Lot of record. Lot of record means a designated parcel, tract or area of land established by plat, metes and bounds description, or otherwise permitted by law, to be used, developed or built upon as a unit and which existed in the records of the county property appraiser or public records of the county or where the property owner can show such land as being established by unrecorded instrument upon June 13, 1991.

Lot types. The diagram which follows illustrates terminology used in these land development regulations with reference to corner lots, interior lots, reversed frontage lots, and through lots:

Lot Types

In the diagram, A = Corner Lot, defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lot marked A(1) in the diagram.

B = Interior Lot, defined as a lot other than a corner lot with only one frontage on a street.

C = Through Lot, defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

D = Reversed Frontage Lot, defined as a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D in the diagram), an interior lot (B-D), or a through lot (C-D).

Marginal access street. Marginal access street means a street, parallel and adjacent to an existing street, providing access to abutting lots.

Mobile home. See Dwelling, mobile home.

Mobile home park. Mobile home park means a parcel of land under single ownership or management which is operated as a business engaged in providing for the parking of mobile homes to be used for non-transient living or sleeping purposes, and where three or more lots or parcels of land and or mobile homes are offered only for rent or lease and such parcel of land shall be zoned Residential Mobile Home-Park (RMH-P) unless the mobile home park exists upon the effective date of adoption or amendment of these land development regulations. (See section 2.3.8.) Owners' and managers' living quarters, laundry facilities, and facilities for parks and recreation are customary accessory uses, although not required. (See section 2.1 for the definition of a mobile home.) Lots within a recorded, unrecorded subdivision or division of land (see section 14.14) shall be excluded from mobile home park.

(Ord. No. 2004-13, § 1, 3-13-04)

Mobile home stand. Mobile home stand means a lot or parcel of ground designated for the accommodation of not more than one mobile home.

Mobile home subdivision. Mobile home subdivision means a residential subdivision where lots are offered for sale for use exclusively by mobile homes. (See Dwelling, mobile home.)

Motel, motor hotel, or motor lodge. See Hotel.

Natural drainage features. Natural drainage features means the naturally occurring features of an area which accommodate the flow of stormwater, such as streams, rivers, lakes, and wetlands.

New construction. New construction means structures for which the "start of construction" commenced on or before the effective date of these regulations.

Newspaper of general circulation. Newspaper of general circulation means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

Non-conforming lot, structure, use of land, use of land and structure, etc. See section 2.3.

Nuisance. The following shall be defined as nuisances:

(1)

Any public nuisance known at common law or in equity jurisprudence.

(2)

Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

(3)

Whatever is dangerous to human life or is detrimental to health, as determined by the county health officer.

(4)

Overcrowding a room with occupants.

(5)

Insufficient ventilation or illumination.

(6)

Inadequate or unsanitary sewage or plumbing facilities.

(7)

Uncleanliness, as determined by the county health officer.

(8)

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the county health officer.

Nursery school. See Child care center.

Nursing home. Nursing home means a private home, institution, building, residence, or other place, whether operated for profit or not, including those places operated by units of government, which undertakes through its ownership or management to provide for a period exceeding 24 hours, maintenance, personal care, or nursing for three or more persons not related by lineal consanguinity or marriage to the operator, who by reason of illness, physical infirmity, or advanced age are unable to care for themselves; provided that this definition shall include homes offering services for less than three persons where the homes are held out to the public to be establishments which regularly provide nursing, extended care, and custodial services. (See also Residential home for the aged.)

Office, business. Business office is an office for such operations as real estate agencies, advertising agencies (but not sign shop), insurance agencies, travel agencies and ticket sales, chamber of commerce, credit bureau (but not finance company), abstract and title agencies, insurance companies, stockbroker, employment agencies, billing office, and the like. It is characteristic of a business office that retail or wholesale goods are not shown to or delivered from the premises to a customer.

Office, professional. Professional office means an office for the use of a person or persons generally classified as professional such as architects, engineers, attorneys, accountants, doctors, lawyers, dentists, veterinarians (but not including boarding of animals on the premises, except as part of treatment and then only in soundproof buildings), psychiatrists, psychologists, and the like. It is characteristic of professional offices that the use is devoted principally to an offering of consultive services.

100-year flood area. 100-year flood area means those areas that have a land elevation less than the official 100-year flood elevations.

Official 100-year flood map. Official 100-year flood map means the map issued by the Federal Emergency Management Agency that delineates the areas having ground elevations that are less than the official 100-year flood elevations.

Official ten-year flood elevations. Official ten-year flood elevations means the most recent and reliable flood elevations based on a log Pearson type III probability distribution produced by the United States Geological Survey and based on historical data.

Openable area. Openable area (window) means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Open spaces. Open spaces means undeveloped lands suitable for passive recreation or conservation uses.

Operator. Operator means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

Owner. Owner means the holder of the title in fee simple and any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted. It shall also mean any person who, alone or jointly or severally with others:

(a)

Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(b)

Shall have charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possessions, or assignee of rents, lessee, or other person firm, or corporation in control of a building; of their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of these land development regulations to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property which apply to the owner.

Package liquor store. Package liquor store means a place where alcoholic beverages are dispersed or sold in containers for consumption off the premises.

Parcel of land. Parcel of land means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit.

Parking space, handicapped. Handicapped parking space means an off-street parking space which is reserved for persons who are physically disabled or handicapped.

Parking space, off-street. For the purposes of these land development regulations, an off-street parking space shall consist of a space adequate for parking a standard-size automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street or walk and so that any automobile may be parked and unparked without moving another. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 200 square feet, but off-street parking requirements will be considered to be met only where actual spaces meeting the requirements above, are provided and maintained, improved in the manner required by these land development regulations, and in accordance with all ordinances and regulations of the county. (See also article 4, Off-Street Parking Requirements.)

Performance bond. See Surety device.

Permanent control point (PCP). Permanent control point (PCP) means a secondary horizontal control monument which shall be a metal marker with the point of reference marked thereon or a four-inch by four-inch concrete monument a minimum of 24 inches long with the point of reference marked thereon. P.C.P.s shall bear the registration number of the surveyor filing the plat of record.

Permanent reference monument (PRM). Permanent reference monument (PRM) means a metal rod a minimum of 24 inches long or a one-and-one-half-inch minimum diameter metal pipe a minimum of 20 inches long, either of which shall be encased in a solid block of concrete or set in natural bedrock, a minimum of six inches in diameter, and extending a minimum of 18 inches below the top of the monument, or a concrete monument four inches by four inches, a minimum of 24 inches long, with the point of reference marked thereon. A metal cap marker, with the point of reference marked thereon, shall bear the registration number of the surveyor certifying the plat of record, and the letters PRM shall be placed in the top of the monument.

Person. Any individual, association, partnership, corporation or other entity, including any officer, employee, department, agency or instrumentality of the United States, the State of Florida or any political subdivision thereof.

(Ord. No. 2006-22, § 1, 8-3-06)

Plat. Plat means a map or drawing depicting the division of land into lots, blocks, parcels, tracts, sites, or other divisions, however the same may be designated, and other information required by these land development regulations. The word plat includes the terms replat or revised plat.

Plat, final. Final plat means a finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for recording.

Planning and zoning board. Planning and zoning board shall refer to the planning and zoning board of the county, as herein provided for within these land development regulations.

Plumbing. Plumbing means the practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and the public or private water-supply systems, within or adjacent to any building structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of stormwater, liquid waste, or sewerage, and water-supply systems of any premises to their connection with any point of public disposal or other acceptable terminal.

Plot. See Lot.

Poultry. Poultry means all domesticated birds that serve as a source of eggs or meat, including chickens, turkeys, ducks, ostriches, emu, quail, pheasants and geese.

Premises. Premises means a lot, plot or parcel of land including the buildings of structures thereon.

Product-tight. Product-tight means impervious to the hazardous material which is or could be contained so as to prevent the seepage of the hazardous material form the containment system. To be product-tight, the containment system shall be made of a material that is not subject to physical or chemical deterioration by the hazardous material being contained.

Public areas. Public areas means an unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the fire department and free of all encumbrances that might interfere with its use by the fire department.

Public buildings and facilities. For the purposes of these land development regulations, public buildings and facilities means the use of land or structures by a municipal, county, state, or federal governmental entity for a public service purpose. More specifically public facility means major capital improvements including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreation, and health systems and facilities. For the purposes of these land development regulations, essential service shall not be considered public buildings and facilities.

Recreational facility. Recreation facility means a component of a recreation site used by the public such as a trail, court, athletic field or swimming pool.

Recreational uses. Recreational uses means activities within areas where recreation occurs.

Recreational vehicle (RV). As defined in F.S. §§ 320.01(1)(b)1.—8., as amended.

(Ord. No. 2005-14, § 1, 8-4-05)

Regulated materials. Regulated materials shall be the following materials:

(a)

Petroleum products, which include fuels (gasoline, diesel fuel, kerosene and mixtures of these products), lubricating oils, motor oils, hydraulic fluids and other similar products. This term does not include liquefied petroleum gas, American Society for Testing and Materials grade number 5 and number 6 residual oils, bunker C residual oils, intermediate fuel oils used for marine bunkering with a viscosity of 30 and higher and asphalt oils.

(b)

Substances listed by the Secretary of the Florida Department of Labor and Employment Security pursuant to F.S. chapter 442, as amended (Occupational Health and Safety). This list, known as the Florida Substances List, is provided in chapter 38F-41, Florida Administrative Code, as amended.

(c)

Substances listed by the Administrator of the United States Environmental Protection Agency pursuant to section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. This list is provided in title 40 (Protection of the Environment) of the Code of Federal Regulations, part 302, Designation, Reportable Quantities and Notification, as amended.

(d)

Substances listed by the Administrator of the United States Environmental Protection Agency pursuant to title III of the Superfund Amendments and Reauthorization Act of 1986, as amended. The list is provided in title 40 of the Code of Federal Regulations, part 355, Emergency Planning and Notification, as amended.

(e)

Materials listed by the Secretary of the United States Department of Transportation pursuant to the Hazardous Materials Transport Act. This list is provided in title 49 (Transportation) of the Code of Federal Regulations, part 172, Hazardous Materials Tables and Communications Regulations, as amended.

(f)

The following elemental metals, if they are stored in a easily crumbled, powered, or finely divided state: aluminum, beryllium, cadmium, chromium, copper, lead, manganese, mercury, molybdenum, nickel, rhodium, silver, terrurium, tin and zinc.

(g)

Mixtures containing the above materials if they contain one percent or more by volume or if they are wastes.

(h)

Any material not included above which may present similar or more severe risks to human health or the environment as determined by the land development regulation administrator. Such determinations must be based upon competent testing or other objective means with conclusions which indicate that the material may pose a significant potential or actual hazard.

Repair. Repair means the replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required existing facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be in violation of a provisions of law or ordinance. Repair or repairs shall not apply to any change of construction.

Residential buildings. Residential buildings means buildings in which families or households live or in which sleeping accommodations are provided and all dormitories, shall be classified as residential occupancy. Such buildings include, among others, the following: dwellings, multiple dwellings, rooming houses, and mobile homes. (See also Dwelling unit.)

Residential facility for the aged. Residential facility for the aged (also known as adult congregate living facility) means a facility containing dwellings, buildings or a series of closely related buildings under single ownership and management restricted to elderly residents that may or may not contain characteristics of multiple family dwelling or multiple dwelling use, providing a maximum in independent living conditions for individuals or couples and a minimum of custodial services which may include daily observation of the individual residents by designated staff personnel. As accessory uses, residential facilities for the aged may include dining rooms and infirmary facilities for intermediate or skilled nursing care solely for the use of the occupants residing in the principal facility.

(Ord. No. 2013-10, § 1, 10-3-13)

Restaurant. Restaurant means an establishment where meals or prepared food, including beverages and confections, are served to customers for consumption on or off the premises. Restaurant includes cafes, coffee shops, donut shops, delicatessens, cafeterias, and other establishments of a similar nature.

Retention. Retention means the collection and storage of runoff without subsequent discharge to surface waters.

Right-of-way. Right-of-way means land dedicated, deeded, used, or to be used for a street, alley, pedestrian way, crosswalk, bikeway, drainage facility, or other public uses, wherein the owner gives up his or her rights to the property so long as it is being or will be used for the dedicated purpose. Right-of-way also is a land measurement term, meaning the distance between lot property lines which generally contains not only the street pavement, but also the sidewalk, grass area, and underground or aboveground utilities.

Riverbank setback line. Riverbank setback line means a line running parallel to a river and at a distance as specified within these land development regulations.

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

Rooming house. Rooming house means any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.

Rooming unit. Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Rubbish. Rubbish means combustible and non-combustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, or other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery, and dust.

Runway. Runway means a defined area on an airport prepared for landing and take-off of aircraft along its length.

Sanitary sewer facilities. Sanitary sewer facilities means structures or systems designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants, and disposal systems.

Sediment. Sediment means the mineral or organic particulate material that is in suspension or has settled in surface or ground waters.

Servants' quarters. Servants' quarters means accommodations, without cooking facilities or separate utility meters, for domestic servants employed on the premises. Such units may be in either a principal or an accessory building but no such living quarters shall be rented, leased, or otherwise be made available for compensation of any kind except in the form of housing for servants.

Service station. See Automotive service and self-service station.

Sidewalk. Sidewalk means that portion of the street right-of-way outside the roadway, which is improved for the use of pedestrian or bike traffic.

Sign. Sign means any device designed to inform or attract the attention of persons not on the premises on which the sign is located. Unless otherwise specified, a sign may have one or two faces. (See article 4 for general regulations governing signs.)

Sign, surface area. The surface area of a sign shall be computed as including the entire area within the periphery of a regular geometric form, or combinations of regular geometric forms, comprising all of the display area of the sign, and including all of the elements of the matter displayed, but not including blank masking, frames, or structural elements of the sign and bearing no advertising matter. In the case of double face signs, each sign face shall be measured as surface area and the combined surface area of both faces shall not exceed the maximum permitted for the building or use.

Sign, on-site. On-site sign means a sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

Sign, off-site. Off-site sign means a sign other than an on-site sign.

Sign, animated. Animated sign means a sign with externally moving parts or messages, or so operating as to give a viewer the illusion of moving parts or messages.

Sign, attached. Attached sign means a sign painted on the exterior face of a building or attached to a building. Attached signs include canopy signs, marquee signs, wall signs, roof signs, and projecting or hanging signs supported or attached to a canopy, awning, marquee, or building.

Sign, flashing. Flashing sign means a sign designed to attract attention by the inclusion of a flashing, changing, revolving, or flickering light source or a change of light intensity.

Sign, freestanding. Freestanding sign means a sign which is not attached to a building. Freestanding signs include ground signs, pole signs, and portable signs.

Sign, identification. Identification sign means a sign which depicts the name and/or address or a building or establishment on the premises where the sign is located as a means of identifying said building or establishment. An identification sign shall not contain promotional or sales material.

Sign, non-flashing. Non-flashing sign means a sign which does not have a flashing, changing, revolving, or flickering light source or which does not change light intensity.

Site. See Lot.

Soil survey. Soil survey means the United States Department of Agriculture, Soil Conservation Service Soil Survey for the county.

Solid waste. Solid waste means sludge from a waste treatment works, water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

Solid waste facilities. Solid waste facilities means structures or systems designed for the collection, processing or disposal of solid wastes, including hazardous wastes, and includes transfer stations, processing plants, recycling plants, and disposal systems.

Solid waste processing plant. Solid waste processing plant means a facility for incineration, resource recovery, or recycling of solid waste prior to its final disposal.

Solid waste transfer station. Solid waste transfer station means a facility for temporary collection of solid waste prior to transport to a processing plant or to final disposal.

Special exception. Special exception means a use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning district as a special exception if specific provision for such a special exception is made in these land development regulations. (For the procedure in securing special exceptions, see sections 12.2 and 13.2).

Staff committee. The staff committee shall consist of the following persons or their designated representatives: the county attorney, the land development regulations administrator and the county coordinator.

Stairway. Stairway means one or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one story to another in a building or structure.

Start of construction. Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filing; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Stormwater. Stormwater means the flow of water which results from and that occurs immediately following a rainfall.

Stormwater runoff. Stormwater runoff means that portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system.

Stormwater management system. Stormwater management system means the system, or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site.

Story. Story means that portion of a building included between the surface of any floor and the surface of the next floor above it (including basement), or if there be no floor above it, then the space between such floor and the ceiling next above it. (See Habitable story.)

Stream to sink watershed area. Stream to sink watershed area means any watershed area directly contributing runoff to a stream which recharges an aquifer through a sinkhole under normal flow. For the purposes of this definition, the areas shown on illustration D-1, in appendix D of these land development regulations identifies the generalized locations of stream to sink watershed areas. Properties depicted within the areas identified on the above-referenced illustration are presumed to be located within a stream to sink watershed area. Such presumptions may be overcome by the greater weight of the evidence that, based upon site specific information, the property in question is not within a stream to sink watershed area.

Street. Street means a public or private roadway which affords access to abutting property. Street includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of ingress or egress. ([It] does not include an easement for ingress or egress for parcels greater than 10 acres).

(Ord. No. 2002-31, § 1, 9-30-02)

Street line. Street line means the line between the street and abutting property. A street line is also referred to as the right-of-way line.

Structure. See General.

Subdivider. Subdivider shall refer to any person, firm, corporation, partnership, association, estate, or trust or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, including a developer or an agent of a developer.

Subdivision. Subdivision means the division of a parcel of land, whether improved or unimproved, into three or more lots or parcels of land, for the purpose whether immediate or future, of transfer of ownership, whether by deed, metes and bounds description, devise, lease, map, plat or other recorded instrument or if the establishment of a new street is involved, any division of such parcel. The term shall not mean the division of land into parcels of more than ten acres (please refer to article 14 special permit for land divisions more than ten acres in size but less than 20 acres in size) not involving any change in street lines; the transfer of property by sale or gift or testate or intestate succession by the property owner to his or her spouse or lineal descendants. Further, the term shall not mean parcels created under the family lot provision. (See article 14.) The term includes a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.

(Ord. No. 2002-31, § 1, 9-30-02)

Subdivision, major. Major subdivision means any subdivision not classified as a minor subdivision, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, or the creation of any public improvements, except where otherwise specifically exempted from the requirements of these land development regulations.

Subdivision, minor. Minor subdivision means any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road, or the extension of local governmental facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjacent property, and not in conflict with any provision or portion of the comprehensive plan or these land development regulations.

Substantial development. Substantial development means all required permits to complete the development have been obtained; or permitted clearing and grading has commenced on any significant portion of the development subject to a single final development order; or the actual construction of water and sewer lines, or streets, or the stormwater management system, on said portion of the development is complete or is progressing in a manner that significantly moves the entire development toward completion.

Supplied. Supplied means paid for, furnished, or provided by or under control of, the owner or operator.

Surface water. Surface water means water above the surface of the ground whether or not flowing through definite channels, including the following:

(1)

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

(2)

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

(3)

Any wetland.

Surficial aquifer system. Surficial aquifer system means the permeable hydrogeologic unit contiguous with land surface that is comprised principally of unconsolidated to poorly indurated clastic deposits. It also includes well-indurated carbonate rocks, other than those of the Floridan aquifer system where the Floridan is at or near land surface. Rocks making up the surficial aquifer system belong to all or part of the upper Miocene to Holocene series. It contains the water table and water within it is under mainly unconfined or locally confined conditions to prevail in its deeper parts. The lower limit of the surficial aquifer system coincides with the top of laterally extensive and vertically persistent beds of much lower permeability. Within the surficial aquifer system, one or more aquifers may be designated base on lateral or vertical variations on water bearing properties.

Surety device. Surety device means an agreement by a subdivider with the board of county commissioners for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.

Surveyor, land. Land surveyor means a land surveyor registered under F.S. chapter 472, as amended, who is in good standing with the Florida State Board of Engineer Examiners and Land Surveyors.

To plat. To plat means to divide or subdivide land into lots, blocks, parcels, tracts, sites, or other divisions, however the same may be designated, and the recording of the plat in the office of the county clerk in the manner provided for in these land development regulations.

Temporary business. The term temporary business relates to the provisions found within section [article] 14 of these land development regulations related to temporary use permits for nonseasonal goods and services and means the sale of nonseasonal goods or services, including, but not limited to, automobiles and vehicles, by a person or entity not maintaining a permanent business location or branch office within the county, upon open land in the county not owned by the operator of the temporary business, for a period of time not to exceed three consecutive calendar days of operating upon such land.

(Ord. No. 2002-34, § 1, 11-7-02)

Temporary permit. The term temporary permit relates to the provisions found within section [article] 14 of these land development regulations related to temporary use permits for nonseasonal goods and services and means a permit issued by the land development regulation administrator to a person or entity to operate a temporary business within the county.

(Ord. No. 2002-34, § 1, 11-7-02)

Tent. The term tent relates to the provisions found within section [article] 14 of these land development regulations related to temporary use permits for nonseasonal goods and services and means a portable shelter consisting of canvas, skin, cloth, vinyl, or any other synthetic fabric stretched over poles or support structures and attached and anchored to the ground or to a floor.

(Ord. No. 2002-34, § 1, 11-7-02)

Tent sale. The term tent sale relates to the provisions found within section [article] 14 of these land development regulations related to temporary use permits for nonseasonal goods and services and means the operating or conducting a temporary business from or with the use of a tent.

(Ord. No. 2002-34, § 1, 11-7-02)

Tower site. Tower site means a parcel on which a communication tower and accessory structures are located, which may be smaller than the minimum size required in the zoning district.

Travel trailer. Travel trailer means a vehicular, portable structure built on a chassis, designed to be a temporary dwelling for travel, recreational, and vacation purposes, which: (a) is identified on the unit by the manufacturer as a travel trailer; (b) is not more than eight feet in body width; and (c) is of any weight provided its body length does not exceed 35 feet.

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

Unsafe building. Unsafe building means any building or structure that has any of the following conditions, such that the life, health, property, or safety of the general public is endangered:

(a)

Whenever the stress in any material, member or portion thereof, due to all imposed loads including dead load exceeds the working stresses allowed in the county building code for new buildings.

(b)

Whenever a building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the buildings or structures is less than it was prior to the damage and is less than the minimum requirement established by the county building code for new buildings.

(c)

Whenever for any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is designed.

(d)

Whenever any building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse.

(e)

Whenever any building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of county regulations.

(f)

Whenever any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.

Use. Use means the purpose for which land or water or a structure thereon is designed, arranged, or intended to be occupied or utilized or for which it is occupied or maintained. The use of land or water in the various zoning districts is governed by these land development regulations.

Use of land. Use of land includes use of land, water surface, and land under water to the extent covered by these land development regulations, and over which the board of county commissioners have jurisdiction.

Utilities. Utilities includes, but is not necessarily limited to, water systems, electrical power, sanitary sewer systems, stormwater management systems, and telephone or television cable systems; or portions, elements, or components thereof.

Valuation or value. As applied to a building, valuation or value mean the estimated cost to replace the building in kind.

Variance. Variance means a relaxation of the terms of these land development regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property or structures thereon so that the spirit of these land development regulations shall be observed and substantial justice done. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance. (For the procedure in securing variances, see article 12).

Ventilation. Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space.

Watercourse. Watercourse means any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently and which has a definite channel, bed, bank, or other discernible boundary.

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

Water-related uses. Water-related uses means activities which are not directly dependent upon access to a water body, but which provide goods and services that are directly associated with water-dependent or waterway uses.

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

Well. Well means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when intended use of such excavation is to conduct groundwater from an aquifer or aquifer system to the surface by pumping or natural flow, to conduct waters or other liquids from the surface into any area beneath the surface of land or water by pumping or natural flow, or to monitor the characteristics of ground water within an aquifer system(s). For the purposes of these land development regulations, geotechnical borings greater than 20 feet in depth shall be included in the definition of "well".

Well field management zone. Well field management zone means a well field protection area of 300 feet around community water system wellheads. (See section 6.2.)

Wetlands. Wetlands means land that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient of support, and that under normal circumstances do or would support a prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes, but is not limited to, swamp hammocks, hardwood swamps, riverine cypress stands, cypress ponds, bayheads and bogs, wet prairies, freshwater marshes, tidal flats, salt marshes and marine meadows. The term does not mean retention or detention ponds used for stormwater-management purposes.

Yard. Yard means a required open space unoccupied and unobstructed from the ground upward, provided however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

For explanation of how to measure the various types of yards, on rectangular and non-rectangular lots, as defined in the following definitions, see accompanying diagrams.

Yard, front. Front yard means a yard extending between side lot lines across the front of a lot adjoining a street.

In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Land Development Regulation Administrator may waive the requirement for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

In the case of corner lots and reverse frontage lots, a front yard of the required depth shall be provided on both frontages.

Yard, front; depth required. Yard, front; depth required shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.

Yard, side. Side yard means a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the street. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after front yards have been established on both frontages shall be considered side yards.

Yard, side; depth required. Yard, side; depth required shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Yard, rear. Rear yard means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.

Yard, rear; depth required. Yard, rear; depth required shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

Yard, special. Special yard means a yard behind any required yard adjacent to a street required to perform the same functions as a side or rear yard, but adjacent to a lot line and so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the land development regulation administrator shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable area thereon.

Yard, waterfront. Waterfront yard means a yard measured from and parallel to the mean high water mark of the lake, stream, or other watercourse on which the lot is located.

(Ord. No. 2025-05, § 2, 2-20-25)

Whenever a single lot is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.

Within the districts established by these land development regulations or amendments that may later be adopted there may exist (1) lots, (2) uses of land, (3) structures, (4) characteristics of use, and (5) use of structures and premises which were lawful before the adoption or subsequent amendment of these land development regulations, but which would be prohibited, regulated, or restricted under the terms of these land development regulations or future amendments.

It is the intent of these land development regulations to permit these non-conformities to continue until they are voluntarily removed or removed as required by these land development regulations, but not to encourage their survival. It is further the intent of these land development regulations that non-conformities shall not be enlarged upon, expanded, intensified, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Non-conforming uses are declared by these land development regulations to be incompatible with permitted uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land in combination shall not be extended or enlarged after the adoption or subsequent amendment of these land development regulations by attachment on a structure or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

To avoid undue hardship, nothing in these land development regulations shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the adoption or subsequent amendment of these land development regulations and upon which actual building construction has been carried on diligently. (See section 2.1 for definition of actual construction.) Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

2.3.1

Non-conforming lots of record. In any district in which one-family dwellings are permitted, a one-family dwelling and customary accessory buildings may be erected, expanded, or altered on any single lot of record at the effective date of adoption or amendment of the county's comprehensive plan. In addition, within all environmentally sensitive areas, all agricultural districts and all residential districts, the uses and structures listed as special exceptions within said districts may be erected, expanded or altered on any single lot of record at the effective date of adoption or amendment of the county's comprehensive plan, subject to the approval of such location, alteration or expansion of such use or structure as provided within article 13 of these land development regulations. The location of uses or structures on non-conforming lots of record shall be notwithstanding the limitation imposed by other provisions of these land development regulations: provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of adjustment.

(Ord. No. 2002-28, § 1, 8-15-02)

2.3.2

Non-conforming uses of land. Where, on the date of adoption or subsequent amendment of these land development regulations, lawful use of land exists which would not be permitted by the comprehensive plan and regulations imposed by these land development regulations, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

1.

Enlargement, increase, intensification, alteration. No such non-conforming use shall be enlarged, increased, intensified, or extended to occupy a greater area of land than was occupied on the date of adoption or subsequent amendment of these land development regulations.

2.

Movement. No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on the date of adoption or subsequent amendment of these land development regulations.

3.

Discontinuance. If any such non-conforming use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than six consecutive months, any subsequent use of such land shall conform to the regulations specified by these land development regulations for the district in which such land is located.

4.

Structure additions. No structures shall be added on such land, except for the purposes and in a manner conforming to the regulations for the district in which such land is located.

Note: Although agricultural uses are generally not permanent uses of the land, (i.e. row crop cultivation, pasture land for grazing livestock, apiculture, silviculture and the rotation of these uses on a parcel of land), it is the intent of these land development regulations to allow for the continuation of such agriculture uses on the land, regardless of the change of land use or zoning district on the property or the surrounding land uses, as long as the use remains otherwise lawful and is not changed to an intensive agriculture use as provided for within these land development regulations and the County's Comprehensive Plan.

2.3.3

Non-conforming structures. Where a structure existed lawfully under these land development regulations on the date of adoption or subsequent amendment of these land development regulations, that could not be built under the comprehensive plan and these land development regulations by reason of restrictions on area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

Enlargement or alteration. No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity;

2.

Destruction. Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to any extent; (1) it may be reconstructed with the same type of materials, to the same square footage and in the same location, or (2) it may be reconstructed in conformity with the provisions of the land development regulations, without the limitation listed in 1. (Enlargement or alteration, above).

3.

Movement. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

2.3.4

Non-conforming characteristics of use. If characteristics of use, such as residential densities, signs, off-street parking or off-street loading, or other matters pertaining to the use of land, structures, and premises are made non-conforming by the comprehensive plan and these land development regulations as adopted or amended, no change shall thereafter be made in such characteristics of use which increases non-conformity with the regulations set out in these land development regulations; provided, however, that changes may be made which do not increase, or which decrease, such non-conformity.

2.3.5

Non-conforming use of structures and premises. Where a lawful use of a structure, or of a structure and premises in combination, existed on the date of adoption or subsequent amendment of these land development regulations, that would not be allowed in the district under the terms of the comprehensive plan and these land development regulations, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

Enlargement, extension, alteration, etc. No existing structure devoted to a use not permitted by these land development regulations in the district in which such use is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered in a way which increases the structural square footage of the structure, which existed on the date of adoption or subsequent amendment of these land development regulations, except in changing the use of the structure to a use permitted in the district in which it is located.

2.

Extension of use. Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use and existed on the date of adoption or subsequent amendment of these land development regulations. Any non-conforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No non-conforming use shall be extended to occupy any land outside the building, nor any additional building on the same lot or parcel, not used for such non-conforming use on the date of adoption or subsequent amendment of these land development regulations.

3.

Change in tenancy or ownership. There may be a change in tenancy, ownership, or management of a non-conforming use provided there is no change in the nature or character of such non-conforming use.

4.

Change in use. Any non-conforming use of a structure, or of a structure and premises in combination, may be changed to another non-conforming use of the same character, or to a more restricted but non-conforming use, provided that the board of adjustment shall find after due public notice and hearing that the proposed use is equally or more appropriate to the district than the existing non-conforming use and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing non-conforming use is continued. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accordance with the intent and purpose of these land development regulations.

5.

Change to conforming use requires future conformity with district regulations. Any structure, or structure and premises in combination, in or on which a non-conforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use shall not thereafter be resumed nor shall any other non-conforming use be permitted.

6.

Discontinuance. If any non-conforming use of a structure, or structure and premises in combination, ceases for any reason (except where governmental action impedes access to the premises) for a period of more than six consecutive months, any subsequent use shall conform to the regulations for the district in which the use is located.

7.

Structure additions. No structures shall be added on such premises, except for purposes and in a manner conforming to the regulations for the district in which such premises are located.

8.

Destruction. Should a structure containing a non-conforming use be destroyed by any means to any extent; (1) it may be reconstructed with the same type of materials, to the same square footage and in the same location, or (2) it may be reconstructed in conformity with the provisions of the land development regulations, without the limitation listed in 1. (Enlargement or alteration, above).

2.3.6

Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a non-conforming use or to create rights in the continuance of such use.

2.3.7

Uses under special exception provisions not non-conforming uses. Where on the date of the adoption of the county's comprehensive plan the lawful use of land existed which would be permitted as a special exception in a district under the terms of these land development regulations, such use shall not be deemed a non-conforming use in such district, but shall without further action be deemed a conforming use in such district. However any enlargement or expansion of any such uses shall be subject to the procedures for securing special exceptions. (See section 12.2.)

2.3.8

Mobile home parks as non-conformities. Mobile home parks, where at the effective date of adoption or amendment of these zoning regulations, a lawful mobile home park exists which would not be permitted by the regulations imposed by these land development regulations, such mobile home park may be continued, so long as it remains otherwise lawful, subject to the following provisions:

a.

Continuance of uses. Individual mobile home stands within a mobile home park which are unoccupied at the effective date of adoption or amendment of these land development regulations or which may become unoccupied from time to time in the future may be reoccupied at a later date. However, any expansion of the land area designed and developed for the purposes of placing mobile homes to be used for living purposes shall occur only in a manner permitted by the regulations imposed by these land development regulations.

b.

Discontinuance. If all mobile home stands shall become unoccupied for a period of more than six consecutive months, any subsequent use of such land shall conform to the use for the district in which such land is located, as permitted by these land development regulations.

This section establishes the sole administrative procedure and standards by which a property owner may demonstrate that private property rights have been vested against the provisions of the county's comprehensive plan. Said administrative procedures shall provide determinations for the consistency of development within the densities and intensities set forth in the county's comprehensive plan and that development is not subject to the concurrency requirements of the comprehensive plan.

2.4.1

Final development orders. The following unexpired development orders shall be considered to be final development orders for purposes of a determination of vested rights in a previously-approved development:

1.

Exempt subdivision;

2.

Minor subdivision;

3.

Preliminary subdivision plat approval;

4.

Final subdivision plat approval;

5.

Final site plan approval;

6.

Approval of a planned unit development concept plan;

7.

Approval of a planned unit development final development plan;

8.

Building permit;

9.

Any other development order which approved the development of land for a particular use or uses at a specified intensity of use and which allowed development activity on the land for which the development order was issued; and

10.

Other substantial site development.

2.4.2

Administrative procedures.

2.4.2.1

Exemptions. The following categories shall be presumptively vested for the purposes of consistency with the county's comprehensive plan and concurrency as specified in the county's comprehensive plan and shall not be required to file an application to preserve their vested rights status:

1.

All lots within a subdivision recorded as of the date of adoption or subsequent amendment of these land development regulations, or lots in approved unrecorded subdivisions for which streets, stormwater management facilities, utilities, and other infrastructure required for the development have been completed as of the date of adoption or subsequent amendment of these land development regulations. The land development regulation administrator shall maintain a listing of such exempt subdivisions.

2.

All active and valid building permits issued prior to June 14, 1991. All technically complete building permit applications received by the land development regulation administrator on or before the date of adoption or subsequent amendment of these land development regulations, and subsequently issued, shall be vested under the provisions of the county's comprehensive plan, regardless of the date of issuance.

3.

Any structure on which construction has been completed and a certificate of occupancy issued if a certificated of occupancy was required at time of permitting.

4.

All lots of record as of the date of adoption or subsequent amendment of these Land Development Regulations, not located within a subdivision, but only to the extent of one single family residence per lot.

2.4.3

Application procedures.

2.4.3.1

The owner may request a determination of vested rights by filing a technically complete, sworn application and the application fee with the land development regulation administrator, upon a form to be provided for that purpose, setting forth the following information:

1.

The name and address of the applicant, who shall be the owner or a person authorized to apply on behalf of the owner; if the property is owned by more than one person, any owner or an authorized agent of the owner may apply;

2.

A legal description and survey of the property which is the subject of the application;

3.

The name and address of each owner of the property;

4.

Identification by specific reference to any ordinance, resolution, or other action of the county, or failure to act by the county upon which the applicant relief and which the applicant believes to support the owner's vested rights claim notwithstanding an apparent conflict with the county's comprehensive plan;

5.

A statement of facts which the applicant intends to prove in support of the application; and

6.

Such other relevant information that the land development administrator may request.

2.4.4

Determination procedures.

2.4.4.1

[Screening.] The land development regulation administrator shall screen the application to determine whether it is technically complete. Technically incomplete applications shall be returned to the applicant with written notification of deficient items not provided as required by section 2.4.3. Upon accepting a technically complete application, for which the application fee has been submitted, the land development regulation administrator shall review the application and make a final determination within 30 calendar days whether or not the application clearly and unequivocally has vested status.

2.4.4.2

[Completeness.] Within 15 calendar days after receipt of an application, the land development regulation administrator shall make a determination to ensure the application is technically complete. If not technically complete, the application shall be returned to the applicant immediately and the applicant shall be granted ten additional calendar days to complete the application.

2.4.4.3

[Determination of vested status.] Within seven calendar days after making a final determination of vested status the land development regulation administrator shall provide the applicant with written notification of the determination of vested status, the owner shall have the right to rely upon such written notification that the owner is vested and the determination that the owner is vested shall be final and not such to appeal, revocation or modification.

2.4.4.4

[Setting hearing date.] In the event the land development regulation administrator recommends that a hearing before the staff committee is necessary to make a determination, the land development regulation administrator shall set a date for a hearing to be held by the staff committee within 15 calendar days of the staff recommendation and shall notify the applicant and the staff committee of the date, time and place of the hearing. The hearing before the staff committee shall also be granted to the applicant, upon written request to the land development regulation administrator, if the applicant desires to challenge the decision made by the land development regulation administrator. The applicant may waive the hearing before the staff committee at his or her option. The notice shall be mailed to the applicant not less than ten calendar days prior to the date of the hearing. At the applicant's option and with staff committee concurrence, stipulations and sworn affidavits may be submitted in lieu of testifying at the staff committee hearing.

2.4.4.5

Conduct; recording of staff committee hearing. At the hearing, the applicant shall present all of the owner's evidence in support of the application. The rules of evidence in judicial proceedings shall not be applicable, but all testimony shall be under oath and witnesses shall be subject to cross-examination. Copies of documents shall be acceptable as evidence if commonly accepted authentication procedures are followed. The county shall accurately and completely preserve all testimony in the proceeding, and on the request of any party, it shall make a full or partial transcript or existing hearing record available at not more than actual cost. At the conclusion of the testimony, the staff committee shall adopt a decision of approval, denial, approval with conditions, or to continue the proceedings to a date certain. A written recordation of the decision shall follow in not more than ten calendar days. A staff committee decision to grant vested status shall be final and not subject to appeal, revocation or modification.

2.4.4.6

Appeals to the hearing officer.

1.

Purpose. It is the purpose of this section to provide an administrative process for appealing decisions rendered by the staff committee or providing a hearing officer hearing if the applicant has waived the staff committee hearing, prior to any available recourse in a court of law. In particular, it is intended that such administrative relief be provided in the most professional, objective, and equitable manner possible through the appointment of a hearing officer to adjudicate matter as provided herein, the function of the hearing office shall be to serve as the third step of a three-step administrative process relating to the determination of vested rights. No party shall be deemed to have exhausted his or her administrative remedies for the purpose of seeking judicial review unless the party first obtains review of the land development administrator or staff committee's decision by a hearing officer as provided herein.

2.

[Hearing officer "appeal".] In cases that have a staff committee hearing, the hearing officer "appeal" process provided in these land development regulations is designed to allow for an appeal of staff committee action after a full and complete hearing. This "appeal" is not intended to mean an appeal in the traditional sense, that is, [it is] only a review of the staff committee record of their hearing. The hearing officer "appeal" shall be construed in its broadest, nontechnical sense, which is merely an application to a higher authority for a review of the staff committee action taken.

3.

[Evidence.] If the staff committee record of their hearing is fill [full] and complete, the hearing officer may determine that the record is the only evidence that is necessary. However, the hearing officer may determine that additional evidence and oral or written testimony, including cross-examination, is necessary to properly evaluate that staff committee's action and render a decisions to its validity. The hearing officer shall have the authority to determine the need for additional evidence and/or testimony.

4.

Applicability. The property owner may appeal to the hearing officer, a decision rendered by the staff or staff committee on an application for a vesting determination.

5.

Filing for appeal. The procedure for filing an appeal shall be as follows:

(a)

Appeals shall be commenced by filing a notice of appeal with the land development regulation administrator within 15 calendar days of the date the decision of the staff committee is received by the applicant or within 15 calendar days of the date the staff committee hearing is waived by the applicant. A copy shall also be provided to the clerk of the circuit court.

(b)

The notice of appeal shall set forth in detail the basis of the appeal.

(c)

All expenses associated with the hearing officer appeal process, except attorney fees, shall be the responsibility of the non-prevailing party.

(d)

The county shall accurately and completely preserve all testimony in the proceeding, and, on the request of any part, it shall make a full or partial transcript or existing hearing record available at not more than actual cost.

(e)

In any case where a notice of appeal has been filed, the decision of the staff or staff committee shall be stayed pending the final determination of the case.

(f)

Following the hearing, the hearing Officer shall prepare the written findings and decision; copies of the findings and decision shall be mailed by the hearing officer to each party to the appeal and to the land development regulation administrator, with a copy provided to the clerk of the circuit court.

2.4.4.6a

Conduct of the hearing. Conduct of the hearing before the Hearing Officer shall be as follows:

1.

The Hearing Officer shall set forth at the outset of the hearing the order of the proceedings and the rules under which the hearing will be conducted.

2.

The order of presentation at the hearing shall be as follows:

(a)

Receipt of the transcript minutes and exhibits from the Staff Committee, if any.

(b)

Opening statements by the parties.

(c)

Appellants' case.

(d)

Respondent's case.

(e)

Rebuttal by respondent.

(f)

Summation by respondent.

(g)

Summation by appellant

(h)

Conclusion of the hearing by the hearing officer.

3.

The record of the staff committee's hearing and decision, including all exhibits, shall be received and constitute a part of the record.

4.

The hearing officer shall have the authority to determine that applicability and relevance of all materials, exhibits, and testimony and to exclude irrelevant, immaterial, or repetitious matter.

5.

The hearing officer is authorized to administer oaths to witnesses.

6.

A reasonable amount of cross-examination of witnesses shall be permitted at the discretion of the hearing officer.

7.

The time for presentation of a case shall be determined by the hearing officer.

8.

The hearing officer may allow the parties to submit written findings of fact and conclusions of law following the hearing, and shall advise the parties of the timetable for so doing if allowed.

2.4.4.7

Decision. The decision of the hearing officer shall be based upon the following criteria and rendered as follows:

1.

The hearing officer shall review the record and testimony presented at the hearing before the staff committee, if any, and the hearing officer's hearing. Although additional evidence may be brought before the hearing officer, the hearing shall not be deemed a "hearing de novo," and the record before the staff committee shall be incorporated into the record before the hearing officer, supplemented by such additional evidence as may be brought before the hearing officer. Any direct appeal from a staff determination shall be deemed a "hearing de novo".

2.

The hearing officer shall be guided by the previously adopted comprehensive plan, the county's adopted comprehensive plan, these land development regulations, and established case law.

3.

The burden shall be upon the appellant to show that the decision of the land development administrator or staff committee cannot be sustained by a preponderance of evidence of the land development regulation administrator or the staff committee decision departs from the essential requirements of law.

4.

The hearing officer's determination shall include appropriate findings of fact, conclusions of law, and decisions in the matter of the appeal. The hearing officer may affirm, affirm with conditions, or reverse the decision of the land development administrator or staff committee.

5.

The hearing officer shall file his written determination on each appeal with the land development administrator within 30 calendar days of the date of the appeal hearing and a copy shall be provided to the clerk of the circuit court and the applicant.

6.

The decision of the hearing officer shall be final, subject to judicial review.

2.4.4.8

Judicial review. Judicial review of the hearing officer's decision is available to the property owner and the county and shall be by common-law certiorari to the circuit court. In any case where judicial review is sought, the decision of the hearing Officer shall be stayed pending the final determination of the case.

2.4.4.9

Appointment and qualifications of hearing officer.

1.

The board of county commissioners shall provide a hearing officer to conduct appeal hearings. Hearing officers shall be from the Division of Administrative Hearings, Department of Administration, State of Florida, when available or from any other source.

2.

A person recommended for appointment as hearing officer shall be duly licensed, registered, or certified to practice such profession on the state, pursuant to the standards established by the Department of Administrative Hearings, State of Florida.

3.

A person appointed as Hearing Officer shall possess the requisite knowledge of Florida land use practices and relevant land use, vesting, statutory and case law.

4.

No hearing officer shall act as agent or attorney or be otherwise involved with any matter which will come before the county during the term of the hearing officer's appointment. Further, no hearing officer shall initiate or consider ex parte or other communication with any party of interest to the hearing concerning the substance of any proceeding to be heard by the hearing officer; except such expert advice as the Hearing Officer may determine appropriate and solicit.

2.4.5

Vesting determination categories.

2.4.5.1

Vested development rights. The land development regulation administrator, staff committee and the hearing officer shall be guided by the following rules:

1.

Common law vesting. A right to develop or to continue the development of property notwithstanding the county's comprehensive plan may be found to exist whenever the applicant proves by a preponderance of evidence that the owner, acting in good faith upon some act or omission of the county, has made a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right to develop or to continue to development of the property.

2.

Statutory vesting.

(a)

The right to develop or to continue the development of property shall be found to exist if: a valid and unexpired final development order was issued by the county prior to the date of adoption or subsequent amendment of these land development regulations, substantial development has occurred on a significant portion of the development authorized in a single final development order, and is completed or development is continuing in good faith as of the date of adoption or subsequent amendment of these land development regulations.

(b)

Each statutory vesting determination also requires that all material requirements, conditions, limitation, and regulations of the development order have been met.

(c)

The right to development or to continue the development of a planned unit development shall be found to exist if the planned unit development was subject to a valid and unexpired final development order issued prior to the date of adoption or subsequent amendment of these land development regulations. However, planned unit developments approved prior to the date of adoption or subsequent amendment of these land development regulations must have commenced substantial development on the planned unit development consistent with the planned unit development plan as approved and continued development in good faith of the date of adoption or subsequent amendment of these land development regulations, in order to qualify for vesting under this section.

3.

Expiration of final development orders. All final development orders shall expire in one year or such shorter time as may be adopted unless it is determined that substantial development has occurred and is continuing in good faith.

4.

Zoning. A zoning classification or a rezoning does not guarantee or vest any specific development rights.

2.4.4.6

Developments of regional impact.

1.

Notwithstanding any inconsistency with the county's comprehensive plan, development of regional impact, or any unsubstantial deviation therefrom which were approved pursuant to F.S. chapter 380 prior to the submittal of the county's comprehensive plan, shall be allowed to be completed as originally approved as provided herein. Further development orders may be issued for such development of regional impact, authorizing the development as originally approved, subject, however, to the following provisions:

(a)

After the submission of the county's comprehensive plan, any development of regional impact that was issued a development order prior to the effective date of the 1985 Growth Management Act, October 1, 1985, and has not substantially and continuously moved toward completion of said development and within an approved phasing schedule, shall be required to apply for a determination of vested development rights and possible requirements for consistency with the county's comprehensive plan, prior to commencement or continuation of development.

(b)

Any development of regional impact issued a development order subsequent to the effective date of the 1985 Growth Management Act, October 1, 1985, and which development order contains an expiration date, is exempt from this section. Provided, however, that when the local government issuing development order expressly finds that compliance with the county's comprehensive plan or with a regulation, limitation, condition, or requirement, subsequently imposed pursuant to this comprehensive plan, is necessary to prevent significant and probable harm to the health, welfare or safety of the public or of any individual or group of property owners, residents or occupants, compliance with such regulation, limitation, condition, or requirement may be made a condition of the development order.

2.4.4.7

Concurrency.

1.

Any final development order issued on or after the date of adoption or subsequent amendment of these land development regulations, shall not create vested rights for additional phases or additional development not expressly authorized by the initial development order, this section does not apply to any other subsequent final development order which may also be required for project completion, provided the densities and intensities allowed under the initial final development order are not increased and the specific development plan approved under the initial final development order remains substantially unchanged. All subsequent final development orders proposed to be changed under this section shall be subject to review and approval by the board of county commissioners.

2.

Persons granted a final development order vested under the provisions of this section shall be vested to complete their development in accordance with the terms of their development orders as approved in writing or shown on accompanying plans, without having to comply with the consistency and concurrency requirements for the county's comprehensive plan, providing that the provisions set forth in [section] 2.4.5 have been met.