Words used in this LDC shall be construed according to the common meaning as defined in a standard dictionary, such as the Merriam-Webster Collegiate Dictionary, or other source, such as the Florida Building Code, or the Florida Statutes. Words not defined shall be given their common and ordinary meaning. For the purpose of this LDC, the following terms, phrases, words, abbreviations and their derivations shall have the following meaning herein given in this chapter. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

(Ord. No. 1789, § 2.00.00, 2-8-2021)

The following are the most common acronyms used throughout the LDC:

(Ord. No. 1789, § 2.01.00, 2-8-2021)

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

Abut means to physically touch or border upon, or to share a common property line.

Access means a way or means of vehicular or pedestrian approach to provide physical entrance to a property.

Accessory dwelling means a secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling, whether part of the same structure as the principal dwelling or a detached dwelling. Accessory dwellings may be called helper's quarters, guest quarters, mother-in-law suites, granny flats, or other similar terms, all having the same meaning as the term "accessory dwelling."

Accessory sign means a permanent ground or building sign that is permitted under this LDC as incidental to an existing or proposed use of land. Accessory signs advertise only the business located on the premises and is synonymous with the term "on-site signs."

Accessory use or building means a subordinate use or building customarily incidental to the principal building or use and which is on the same lot or parcel of ground as the principal building or use.

Accessway means the principal means of ingress and egress to a parcel of land from a public right-of-way.

Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing walls is new construction.

Adjacent to a protected environmentally sensitive area means any location within 500 feet of the boundary of any protected environmentally sensitive area, whether the location is on or off the development site.

Administrative permit means the official city document which is issued after the effective date of the ordinance from which this part is derived which authorizes the commencement of construction or land alteration without need for further application and approval. Administrative permits include all types of construction permits.

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

Agricultural activity means any farming and forestry operation affecting lands or waters such as site preparation, clearing, fencing, contouring, soil preparation, plowing, planting, harvesting, construction of access roads, extraction of stumps and submerged logs, and placement of bridges and culverts.

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

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

Anchor or anchored means the same as such term is defined in the Florida Building Code.

Antenna means any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television, or personal wireless services.

Appeal means a request for a review of an interpretation from staff by the appropriate party of any provisions of this LDC.

Applicant means the person filing the application, the representative of the person filing the application, or the attorney representing the person filing the application.

Application means the application form and supporting documents and, where the context so requires, the variance requested by the application, or special exception required by the application, or the administrative action or interpretation being reviewed by the application.

Appurtenant structure means a structure which is on the same parcel of property as the principal structure to be insured under the Federal Flood Insurance Program and where the use is incidental to the use of the principal structure.

Aquifer means an underground formation, group of formations, or part of a formation that is permeable enough to transmit, store or yield usable quantities of water.

Archaeological site means a property or location which has yielded or may yield information on the city's and local area's history or prehistory. Archaeological sites are evidenced by the presence of artifacts and features indicating the past use of a location by people.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Arena or auditorium or stadium means an open, partially enclosed or fully enclosed facility primarily used or intended for commercial spectator sports or entertainment. Typical uses include convention and exhibition halls, sports arenas, and amphitheaters.

Artisan studio means a workplace for a person skilled in an applied art.

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

As-built plans means the amended site development plans specifying the locations, dimensions, elevations, capacities and capabilities of structures or facilities as they have been constructed.

Awning sign means any sign attached to, in any manner, or otherwise made a part of any awning or awning-like structure which projects beyond a building or extends along and projects beyond the wall of the building, generally designed and constructed to provide protection from the weather.

Banner sign means a sign constructed of cloth, paper, or other non-rigid material, with or without frames, and secured at both ends. Flags are not banners.

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

Base flood elevation means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM). (Also defined in FBC, B, section 1612.2.)

Basement means the portion of a building having its floor subgrade (below ground level) on all sides. (Also defined in FBC, B, section 1612.2.)

Beneficial functions of a protected environmentally sensitive area means those functions, described in the conservation element of the comprehensive plan, that justify designating an area as environmentally sensitive.

Board means any group established by the city council for the purposes of implementing the provisions of this LDC, as per the provisions of section 1.06.00.

Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Buffer area. The terms "buffer area," "buffer yard," "buffer zone," and "buffer strip" are synonymous to each other as utilized within this LDC. The term "buffer area" means the designated area between different zoning districts.

Building means any structure built for support, shelter, or enclosure for any occupancy or storage.

Building face means the furthest extent of any exterior wall of a building.

Building line means the line marking the furthest extent of any extension of each building face.

Building official means the officer or other designated authority charged with the administration and enforcement of the Florida Building Code, or a duly authorized representative. (Also defined in FBC, B, section 1612.2.)

Building permit means an official document or certificate issued by the community which authorizes performance of specific activities that are determined to be compliant with the Florida Building Code.

Building sign means a sign displayed upon or attached to any part of the exterior of a building which projects no more than 12 inches from the building wall to which there are attached, including walls, windows, doors, parapets, marquees, and roof slopes of greater than 45 degrees that form a side of a building or unit.

Capital improvement means land acquisition, right-of-way acquisition, site improvements, engineering fees, permitting fees, building and equipment, but excludes maintenance and operation.

Chairman/chairwoman means the chairman/chairwoman of any board as elected by the board, as per the provisions in section 1.06.00.

Changeable copy sign means a sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or the surface of the sign.

Clearing means the removal of trees and brush from a substantial part of the land but shall not include mowing of grass.

Code means the Code of Ordinances, City of Crestview, Florida, unless otherwise designated.

Commercial vehicle means any vehicle whether motor-driven or towed, and used, constructed or equipped for the transportation of goods, wares, merchandise, tools, or equipment in the trade, commerce or industry. The following vehicles shall be excluded from the effect of this LDC: passenger vehicles including station wagons, SUVs, and vehicles constructed for recreational purposes or other noncommercial purposes, vehicles used by governmental agencies for official business, and vehicles which are or may be required to be similarly identified by state or federal law.

Commercially developed parcel means a parcel of property on which there is at least one walled and roofed structure used, or designed to be used, for other than residential or agricultural purposes.

Common open space means an area of land, or an area of water, or combination of land and water within the area of a subdivision which is designed and intended for the use or enjoyment by residents of the subdivision in common. Common open space may contain such recreation structures and improvements as are desirable and appropriate for the common benefit and enjoyment of residents of the subdivision.

Comprehensive plan means an ordinance adopted pursuant to the Community Planning Act, F.S. § 163.3161 et seq., to manage development and growth of the city.

Computations of area of individual signs means the area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by the area of the smallest square, circle, rectangle, triangle, or geometric figure that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display, or used to differentiate the sign from the backdrop or structure against which it is placed, also including any supporting framework, bracing, decorative fence, or wall. Integral decorative or architectural features of buildings and structures shall not be considered in the computation of the area of the individual sign.

Computations of area of multifaced signs means the sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any vantage point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same structure, the sign area shall be computed by the measurement of one of the faces.

Concurrency means a condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development project.

Conditional letter of map revision (CLOMR) means a formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

Copy means the linguistic or graphic content of a sign.

Corner lot means a lot abutting upon two or more streets at a street intersection, or abutting upon two adjoining and deflected lines of the same street and thereby forming an interior angle of less than 135 degrees.

CRA means community redevelopment agency.

Cross-access means a vehicular and/or pedestrian connection between abutting properties which permits the exchange of trips between the two adjacent sites without the need to use the public street system.

Crown means the main point of branching or foliage of a tree or plant.

Crown spread means the distance measured across the greatest diameter of a plant.

Cultural or historic resource means any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value. The properties may include, but are not limited to, monuments, memorials, Native American habitations, ceremonial sites, abandoned settlements, artifacts or other objects with intrinsic historical or archaeological value, or any part thereof relating to the history, government, and culture of the city, the state, or the nation.

DBH means diameter at breast height. The term "breast height" is defined to be 54 inches above the surface of the ground at the base of the plant or tree. In the case of a tree with multiple main stems, the diameter shall be the sum of the diameters of the stems.

De minimis means a matter so minor as to be disregarded.

Dedication means the deliberate appropriation of land by its owner for any general and public use, reserving to such owner no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted.

Demolition means the tearing down or razing of 25 percent or more of a structure's external walls.

Density or gross density means the total number of dwelling units by the total site area, less the public right-of-way.

Design flood (also defined in FBC, B, section 1612.2) means the flood associated with the greater of the following two areas:

1.

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

2.

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

Design flood elevation means the elevation of the design flood, including wave height, relative to the datum specified on the city's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two feet. (Also defined in FBC, B, section 1612.2.)

Detention means the collection and storage of surface water for subsequent controlled discharge at a rate which is less than the rate of inflow.

Developed area means the portion of a plot or parcel of land, excluding public right-of-way, upon which a building, structure, pavement, landscape material, or other improvements have been placed.

Developer means any person, excluding the city and its agencies, who engages in or proposes to engage in a development activity either as the owner or as the agent of an owner of property.

Development means any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

Development or development activity. The following list is a variety of examples showing the scope and intention of the definition of the term "development" or "development activity." This list is not exhaustive and is intended to be examples of scope:

1.

Construction, clearing, filling, excavating, grading, paving, dredging, mining, drilling or otherwise significantly disturbing the soil of a site.

2.

Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials.

3.

Subdividing land into two or more parcels.

4.

A tree removal for which authorization is required under this LDC.

5.

Erection of a permanent sign unless expressly exempted by this LDC.

6.

Alteration of a historic property for which authorization is required under this LDC.

7.

Changing the use of a site so that the need for parking is increased.

8.

Construction, elimination or alteration of a driveway onto a public street.

Development agreement means a document complying with the requirements of F.S. §§ 163.3220—163.3243.

Development of regional impact means development that impacts on infrastructure, concurrency, the environment or other considerations beyond the political jurisdiction in which development occurs.

Development order means, after the effective date of the ordinance from which this part is derived, the final authorization of a development project, the authorization which must be granted prior to issuance of a administrative permit as defined for purposes of this LDC. The development order authorizes the project, whereas the administrative permit authorizes specific components of the project, such as building construction, parking lot installation, landscaping, and the like. For purposes of this LDC, the development plan approval is the development order.

Direct hydrologic connection means a surface water connection which, under normal hydrological conditions, occurs on an average of 30 or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection.

Directional sign means a sign located on premises to identify exits, entrances, driveways, or off-street parking.

Discharge or discharge point means the point of outflow of water from a project, site, aquifer, drainage basin, or facility.

District means a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or areas, which are united historically or aesthetically by plan or physical development. A district may be comprised of individual resources which are separated geographically but are linked by association or history.

Double frontage lot means a lot having two non-adjoining property lines abutting upon a street.

Drainage means surface water runoff; the removal of surface water or groundwater from land by drains, grading or other means which include runoff controls.

Drip line means the outer perimeter of the crown of a plant or tree.

Dwelling unit means a single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwelling, duplex, means a single building containing two contiguous and independent dwelling units separated by a common wall and sharing a common roof and foundation.

Dwelling, multifamily, means a structure containing three or more dwelling units attached to each other by walls, garages, carports, utility rooms, breezeways, etc., or conventional dwelling units, whether attached or detached from each other, which share a single deeded lot. Each dwelling unit of the multiple-family structures may be located on one deeded lot or may be on separately deeded lots. Multifamily dwellings include structures commonly called garden apartments, apartments, and condominiums.

Dwelling, single-family, means a structure containing a single dwelling unit, detached from other dwelling units by horizontal or vertical space with no connection provided by walls, garages, carports, utility rooms, breezeways, etc.

Easement means an interest in land owned by another which entitles its holder to a specific use or enjoyment.

Electric sign means any sign containing electric wiring.

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

Elevation (geography) means vertical distance to a point or object from sea level or some other datum, as specified within this LDC.

Elevation (structures) means a drawing showing the vertical elements of a building, either exterior or interior, as a direct projection to a vertical plane.

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

Erect a sign means to construct, reconstruct, build, relocate, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but the term "erect a sign" shall not include any of the foregoing activities when performed as an incident to the change of message, or routine maintenance.

ERU (sewer) means equivalent residential unit of sewer usage.

ERU (water) means equivalent residential unit of potable water usage.

Ex parte means an oral and/or written communication with a decision maker regarding an application for development approval which occurred prior to the quasi-judicial hearing at which the decision maker is to consider such application. An ex parte communication includes a private site visit to the property that is the subject of the application for development approval.

Existing means the average condition immediately before development or redevelopment commences.

Existing building and existing structure mean any buildings and structures for which the start of construction commenced before July 27, 1976. (Also defined in FBC, B, section 1612.2.)

Existing construction means any structure for which the start of construction commenced before enactment of the section which establishes the area of special flood hazard.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before July 27, 1976.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Façade means that portion of a building encompassing the area extending in a generally vertical plane from the ground to the highest point of the building, marquee, or canopy and extending in a horizontal plane between the vertical ends of the structure.

Façade area means the area within a two-dimensional geometric figure coinciding with the edges of the walls, windows, doors, parapets, marquees and roof slopes of greater than 45 degrees that form a side of a building or unit, except roof slopes of greater than 45 degrees that are above a roof slope of less than 45 degrees and form the roofline of the building shall not be considered as a façade area.

Farmers market means a group of vendors principally involved in the sale of locally produced and grown fruits, vegetables, meats, prepared foods, and art and crafts.

Finished floor elevation means the top of a floor surface of an enclosed area in a building, including basement (i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction), measured from the mean sea level.

Flag means a sign made of fabric or other similar non-rigid material supported or anchored along only one edge or supported or anchored at only two corners.

Flood or flooding (also defined in FBC, B, section 1612.2) means a general and temporary condition of partial or complete inundation of normally dry land from:

1.

The overflow of inland or tidal waters.

2.

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

Flood damage resistant materials means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. (Also defined in FBC, B, section 1612.2.)

Flood hazard area (also defined in FBC, B, section 1612.2) means the greater of the following two areas:

1.

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

2.

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

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

Flood insurance rate map (FIRM) means the official map of the city on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the city. (Also defined in FBC, B, section 1612.2.)

Flood insurance study (FIS) means the official report provided by the Federal Emergency Management Agency that contains the flood insurance rate map, the flood boundary and floodway map (if applicable), the water surface elevations of the base flood, and supporting technical data. (Also defined in FBC, B, section 1612.2.)

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

Floodplain administrator means the office or position designated and charged with the administration and enforcement of the provisions of section 5.05.00 (may be referred to as the development administrator).

Floodplain development permit or approval means an official document or certificate issued by the city, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with section 5.05.00.

Floodway means the channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (Also defined in FBC, B, section 1612.2.)

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

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

Floor area ratio (FAR) means a measurement of the intensity of development on a site. The floor area ratio is the relationship between the total floor area of all buildings on a site and the gross site area. The FAR is calculated by adding together the floor areas of all floors except mechanical areas and parking areas and dividing this total by the gross site area. FAR equals total building floor area divided by total lot area.

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

Foundation means the site-built supporting parts upon which the manufactured home is placed, whether constructed to encompass the perimeter of the home or in the form of piers and including all exterior materials required to physically screen, veneer or shield.

Frontage means the length of the property line of any one premises parallel to and along a public right-of-way, excluding alleyways.

Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking facility or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term "functionally dependent facility" does not include long-term storage, manufacture, sales, or service facilities.

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

Grade means the established average level of ground exclusive of mounds and berms.

Gross acreage means the total number of acres within the perimeter boundaries of a development site.

Gross density or density means the total number of dwelling units divided by the total site area, less public right-of-way.

Gross floor area means the floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.

Ground cover means natural mulch or low-growing plants other than deciduous varieties installed to form a continuous cover over the ground.

Ground sign means a sign that is supported by one or more columns, upright poles, or braces extended from the ground or from an object on the ground, or that is erected on the ground, where no part of the sign is attached to any part of a building.

Ground-mounted solar energy system means a solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground.

Groundwater means water beneath the surface of the ground whether or not flowing through known and definite channels.

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

Historic resource means any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value. These properties or resources may include, but are not limited to, monuments, memorials, Native American habitations, ceremonial sites, abandoned settlements, engineering works, architectural interiors, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof, relating to the history, government, and culture of the city.

Historic structure means any structure:

1.

That is listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Historical site means any place, building, or district of historical, architectural or archaeological significance or value which has been officially identified in the National Register of Historic Places, or by the state division of archives, history and records management or by the city.

Illuminated sign means a sign which contains a source of light or which is designed or arranged to reflect light from an artificial source, including indirect lighting, neon, incandescent lights, and backlighting, and shall also include signs with reflectors that depend upon automobile headlights for an image.

Impact fee means a fee levied for development to help defray costs associated with the impact of development upon existing services.

Impervious surface means a surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. The term "impervious surface" includes most conventionally surfaced streets, roofs, sidewalks, parking lots, and similar structures.

Improvement means any human-made, immovable item which becomes part of, is placed upon, or is affixed to real estate.

Interior area means the entire parcel to be developed, exclusive of the front perimeter landscape area.

Interstate Highway I-10 corridor sign means a sign constructed within 1,000 feet of the nearest edge of the right-of-way of Interstate I-10.

Labor intensive transportation means signage, striping of roadways, installation of sidewalks, recreational or bicycle lanes, sidewalk ramps and other facilities designed for the disabled, or to otherwise provide safe and convenient nonmotorized traffic circulation in conjunction with motorized traffic.

Land means the earth, water, air, above, below, or on the surface.

Land development regulations means any ordinance, foundation documents, rules and regulations adopted to carry out the goals, objectives and policies of the comprehensive plan.

Landowner means the legal or beneficial owner of land.

Landscape plan means the placement of landscape material, including, but not limited to, trees, shrubs, vines, lawn grass, ground cover, landscape water features, and nonliving durable material commonly used in landscaping, including, but not limited to, rocks, pebbles, sand, landscape fabric, brick pavers, earthen mounds, but excluding impervious surfaces for vehicular use.

Legal advisor means the city attorney or other attorney appointed by the city council to serve in the capacity of legal advisor to the board of adjustment of the City of Crestview.

Letter of map amendment (LOMA) means an amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

Letter of map change (LOMC) means an official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

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

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

Lot means the latest fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter, or other name through which it may be identified. The term "lot" shall include the term "property," "plot," "parcel," or "tract."

Lot depth means the distance measured in a mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite rear line of the lot.

Lot line means a line that marks the boundary of a lot.

Lot line, front, means any lot line that abuts a public right-of-way.

Lot line, side, means any lot line that intersects a front lot line.

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

Lot width means the horizontal distance between the side lot lines measured at the median point between the foremost point and the rearmost point of the side lot lines.

Lot, interior, means a lot other than a corner lot, and abutting one street. Alleys shall not be considered as streets.

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

Macro telecommunications facilities means those which are located on existing buildings, poles or other existing support structures and which project more than three feet above the top of the structure but no more than ten feet above the roofline, parapet or top of the structure. Macro telecommunication facilities may exceed the height limitation specified for the zoning district.

Maintenance means action taken to restore or preserve the original design and function of any development or improvement.

Major arterial means U.S. Highway 90 and S.H. 85 within the city limits.

Manufactured home means a structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle or park trailer. (Also defined in F.A.C. 15C-1.0101.)

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufactured housing means a structure having the following features or characteristics, which are:

1.

Mass produced in a factory;

2.

Designed and constructed for transportation to a site for installation and use when connected to required utilities;

3.

Either an independent, individual building or a module for combination with other elements to form a building on the site.

Manufactured/modular building means a structure fabricated in an off-site manufacturing facility for installation or assembly as a finished building or as part of a finished building on the building site. The term "manufactured/modular building" includes, but is not limited to, residential, commercial, institutional, storage and industrial structures. The building must bear an insignia of approval certifying that it is built in compliance with the requirements of the Florida Manufactured Building Act of 1979.

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

Marquee means a structure projecting from and supported by a building which extends beyond the building line or property line and fully or partially covers a sidewalk, public entrance or other pedestrian way.

Message means any wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other activity.

Minor deviation means a deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

1.

Alteration of the location of any road, walkway, landscaping or structure by not more than five feet.

2.

Reduction of the total amount of open space by not more than five percent, or reduction of the yard area or open space associated with any single structure by not more than five percent, provided that such reduction does not permit the required yard area or open space to be less than that required by this LDC.

Mobile home means a structure fabricated prior to June 15, 1976, and transportable in one or more sections, which is eight feet or more in width and which is built on an integral chassis and designed to be used as a one-family dwelling when connected to the required utilities.

Monopole tower means a telecommunications tower consisting of a single pole, constructed without guy wires or ground anchors.

Monument sign means a sign which is attached to a self-supporting structure and is not attached or affixed in any way to a building or other structure.

Multiple-occupancy complex means a commercial use (i.e., any use other than residential or agricultural), consisting of a parcel of property, or parcel of contiguous properties, existing as a unified or coordinated project, with a building housing more than one occupant.

National Geodetic Vertical Datum (NGVD) (as corrected in 1929) means a vertical control used as a reference for establishing varying elevation within the floodplain.

Net acreage means the total number of acres within the perimeter boundaries of a PUD, excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open spaces and recreation areas.

New construction, for the purposes of administration of section 5.05.00 and the Florida Building Code, means structures for which the start of construction commenced on or after July 27, 1976, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after July 27, 1976.

Nonresidential means any building or structure or portion thereof that is not classified residential in accordance with the Florida Building Code, Building (Residential Group R or Institutional Group I) and ASCE 24. (Also see definition in ASCE 24.)

Object means a material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature of design, movable, yet related to a specific setting or environment.

Occupant (occupancy) means a commercial use (i.e., any use other than residential or agricultural).

Ordinary maintenance means work which does not require a construction permit and that is done to repair damage or to prevent deterioration or decay of a building or structure or part thereof as nearly as practicable to its condition prior to the damage, deterioration, or decay.

Owner means the person in who is vested the fee ownership, dominion, or title of property.

Parcel means a unit of land within legally established property lines.

Park trailer means a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. (Also defined in F.A.C. 15C-1.0101.)

Permanent means designed, constructed and intended for more than short-term use.

Person means any individual, group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.

Plan means any plan or set of plans illustrating or defining the proposed development of land.

Planned unit development (PUD) means a parcel or combination of contiguous parcels designed and developed as a single, integrated unit rather than as an aggregate of individual lots or buildings, with design flexibility from the development standards applicable to the zoning district.

Plat means a map or drawing depicting the division of lands and lots, blocks, parcels, tracts, or sites, and streets.

Portable sign means any sign which is manifestly designed to be transported by trailer or on its own wheels, including such signs, even though the wheels may be removed and the remaining chassis or support structure converted to an A- or T-frame sign and attached temporarily or permanently to the ground.

Premises means a parcel of land consisting of a lot, tract, parcel, other unit, or combinations thereof, recorded in the public records of Okaloosa County.

Principal use or building means the main or primary purpose for which a structure or lot is designed, arranged, or intended or for which it may be occupied or maintained.

Projecting sign means a sign attached to and supported by a building or other structure and which extends at any angle therefrom.

Protected environmentally sensitive area means an environmentally sensitive area designated for protection in the conservation element of the city comprehensive plan.

Protected tree means native (indigenous) trees protected and identified by species and size in section 6.08.09.

Protected wellhead means those wellheads with a permitted capacity of 100,000 gross domestic product (gpd) or more.

Rate means volume per unit of time.

Reader board means a sign with letters that can be changed or rearranged to display a message that is attached to a permitted permanent accessory ground sign. A reader board may be a sign with electronic automatic changeable copy.

Real estate sign means a sign on premises that are offered for sale or lease.

Recreational vehicle means a vehicle, including a park trailer, which is defined in F.S. § 320.01(1)(b). A recreational vehicle is:

1.

Built on a single chassis;

2.

400 square feet or less when measured at the largest horizontal projection;

3.

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

4.

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

Redevelopment means the demolition or removal of the principal structure or more than 50 percent of the impervious surface of a site. The term "redevelopment" also applies to properties or structures undergoing a change of occupancy or which are being reoccupied after being vacant for six months or more.

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be unobstructed in order to discharge the base flood without increasing the water surface elevation of that flood more than one foot at any point.

Remove means to relocate, cut down, damage, poison, or in any other manner destroy, or cause to be destroyed, a tree.

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

Right-of-way (ROW) means land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress, egress, or other purpose.

Roofline means a horizontal line intersecting the highest point of a roof.

Runoff means water which is not absorbed by the soil or landscape to which it is applied and flows from the area.

Runoff coefficient means the ratio of the amount of rain which runs off a surface to that which falls on it, a factor from which runoff can be calculated.

Sandwich or sidewalk sign means a moveable sign not secured or attached to the ground constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top.

Search ring means the geographic area in which a provider's antenna is intended to be located to serve the provider's coverage area.

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

Setback means a perpendicular measurement made from all property lines where construction of the principal structure is prohibited.

Shade tree means any species of tree identified in section 6.08.09 that is well-shaped, well-branched and well-foliated, which normally grows to an overall height of at least 25 feet and normally develops an average mature spread of crown greater than 20 feet in the city.

Shrub means a woody perennial plant differing from a perennial herb by its persistent and woody stems and from a tree by its low stature and habit of branching from the base.

Sign means any writing, pictorial presentation, number, illustration, or decoration, banner or pennant, or other device which is used to announce direct attention to, identify, advertise, or otherwise make anything known. The term "sign" shall not be deemed to include the terms "building" or "landscaping," or any architectural embellishment of a building not intended to communicate information.

Sign face means the part of a sign that is or may be used for copy.

Sign face area means the area of any regular geometric shape which contains the entire surface area of a sign upon which copy may be placed.

Sign structure means any construction used or designed to support a sign.

Significant adverse effect means any modification, alteration, or effect upon a protected environmentally sensitive area which measurably reduces the area's beneficial functions as delineated in the conservation element of the city comprehensive plan.

Single-family dwelling means a structure containing one dwelling unit and not attached to any other dwelling unit by any means.

Site means any tract, lot or parcel of land or combination of tracts, lots, or parcels of land which are in one ownership, or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or project.

Site (archaeological) means the location of a significant event, activity, building, structure, or archeological resource where the significance of the location and any archeological remains outweighs the significance of any existing structures.

Site plan means a drawing, to scale, which accurately depicts the property and proposed improvements.

Sketch plan means an informal plan indicating the salient existing features of a site and its surroundings, and the general layout of a proposed development.

Snipe sign means any sign of any material whatsoever that is attached in any way to a utility pole, tree, or any object located or situated on any public road rights-of-way, easements, or alleys.

Special flood hazard area means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. The term "special flood hazard" also includes areas shown on other flood hazard maps, if such maps are adopted by the City of Crestview or otherwise legally designated. (Also defined in FBC, B section 1612.2.)

Start of construction means the date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The term "actual start of construction" means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the term "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (Also defined in FBC, B, section 1612.2.)

Statuary means any three-dimensional, human-made representation of a plant, animal or other thing intended primarily to attract attention and not intended or used to entertain or amuse customers of the business of which the statuary belongs or is part.

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

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.

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

Street means a public or private right-of-way for vehicular traffic, including highways, thoroughfares, lanes, roads, ways and boulevards. Where access to a parcel is a two-way drive within a parking facility, the two-way drive shall be considered the street and signage located abutting the entrance side only of the drive.

Structure means anything constructed, installed, or portable, the use of which requires a location on a parcel of land. The term "structure" includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. The term "structure" also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs. Specifically excluded from the definition of the term "structure" are canvas or vinyl covers up to 120 square feet in area.

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

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;

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.

Survey means a sketch or survey prepared by a registered land surveyor and certified within the last 90 days prior to the date of application.

Swimming pool means a permanent receptacle for water or an artificial pool of water, having a depth, at any point, of more than two feet, intended for the purpose of immersion or a partial immersion therein of human beings, and including all pertinent equipment.

Telecommunications facilities means antennae, towers and related accessory structures, either individually or together.

Temporary means designed, constructed and intended to be used on a short-term basis.

Temporary sign means an attached on-premises sign made of non-rigid materials and intended to be displayed for a limited time period.

Tower means a structure, such as a lattice tower, guy tower or monopole tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, on which is located one or more antennae intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term "tower" includes microwave towers, common carrier towers, and cellular telephone towers.

Tree means any self-supporting woody plant of a species which normally grows to an overall height of at least 12 feet and normally develops an average mature spread of crown greater than 12 feet in the city.

Tree removal means any act which causes a tree to die within a period of two years, such acts including, but not being limited to:

1.

Cutting;

2.

Inflicting damage upon a root system by machinery, storage of materials, or soil compaction;

3.

Changing of the natural grade above or below a root system or around the trunk;

4.

Inflicting damage on a tree;

5.

Permitting infection or pest infestation;

6.

Excessive pruning; or

7.

Paving with concrete, asphalt or other impervious material within such proximity as to be harmful to a tree.

Unit means that part of a multiple-occupancy complex housing one occupant.

Use means the specific purpose, activity, or function for which land, a building, a lot, a sign, or a structure is intended, designated, arranged, occupied, or maintained.

Variance means a grant of relief from the requirements of section 5.05.00, or the flood load and flood-resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this LDC or the Florida Building Code.

Vehicle sign means a sign affixed to or painted on the surface of a transportation vehicle, including automobiles, trucks, boats, and trailers.

Vehicular use area means any ground surface area, excepting public rights-of-way, used by any type of vehicle, whether moving or at rest, for the purpose of, including, but not limited to, driving, parking, loading, unloading, storage or display, such as, but not limited to, new and used car lots, activities of a drive-in nature in connection with banks, restaurants, service or filling stations, grocery or convenience stores, and other vehicular uses under, on, or within buildings.

Vines means any of a group of woody or herbaceous plants which may climb by twining or which normally require support to reach mature form.

Visual screen means a barrier of living or nonliving landscape material put in place for the purpose of separating and obscuring from view those areas so screened.

Wall sign means a sign, painted on an exterior wall, or a separate structure which is approximately parallel to and supported by a wall or other enclosure, and protrudes no more than six inches from the wall surface.

Water or waters means, but is not limited to, water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, streams, rivers, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground.

Water body or surface water body means any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline.

Water's edge or wetland's edge. The water's or wetland's edge shall be determined by whichever of the following indices yields the most landward extent of waters or wetlands:

1.

The boundary established by the average annual high-water mark;

2.

The landward boundary of hydric soils; or

3.

The landward boundary of wetland vegetation, based on the wetland vegetation index.

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

Waters of the state includes, but is not limited to, rivers, lakes, streams, springs, impoundments, wetlands, and all other waters or bodies of water, including fresh waters, brackish waters, saline waters, tidal waters, surface waters, or underground waters.

Wellhead protection area means a diameter of 200 feet around a well site where no other land use is permitted.

Wetlands means areas saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a dominance of vegetation adapted for life in saturated soil conditions. Wetlands covered under this LDC shall include the following:

1.

Areas within the dredge and fill jurisdiction of the state department of environmental protection.

2.

Areas within the jurisdiction of the U.S. Army Corps of Engineers, as authorized by section 404, Clean Water Act, or section 10, River and Harbor Act.

3.

Areas within the jurisdiction of the Northwest Florida Water Management District.

4.

Areas identified by the state natural areas inventory.

Window sign means a sign affixed or applied to the exterior of a window, or located on the inside of a window or within ten feet of a window or enclosed structure, and which is visible from the street or building exterior through a window or other opening.

Yard means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by fences, trees, or shrubbery or as otherwise provided in this LDC.

Yard, front, means the area between any front lot line and the nearest building line of the primary structure.

Yard, front, primary, means the area between any front lot line and the nearest building line of the primary structure face containing the front door.

Yard, front, secondary, means any front yard that is not a primary front yard.

Yard, rear, means the area between any rear lot line and the nearest building line of the primary structure.

Yard, side, means the area between any side lot line and the nearest building line of the primary structure.

(Ord. No. 1891, att. 1(2.02.00), 8-22-2022; Ord. No. 1930, § 2, 5-8-2023)