Words and terms used in this chapter shall be given the meanings set forth in this article. All words and terms not specifically defined in this article shall be given their common, ordinary meanings, as the context may reasonably suggest.

(Ord. No. 12-03, § 2(3-250), 6-20-2012)

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

A

Abandonment/abandoned means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. An "intent to resume" can be shown through continuous operation of a portion of the facility, maintenance of sewer, water, and other public utilities, or other outside proof of continuance such as bills of lading, delivery records, etc.

Abut means to physically touch, or having property or district lines in common.

Access means a means of ingress and egress to a lot from either a public street, alley or private way.

Accessory building, structure or use.

(1)

The term "accessory building, structure, or use" means a subordinate structure detached from, but located on the same lot as, the principal structure, the use of which is incidental and subordinate to that of the principal structure. Where there is no principal structure on the lot, the accessory structure shall be considered as a principal structure for the purpose of the height, area and bulk regulations.

(2)

These accessory buildings or structures may include, but are not limited to, the following: generators, piers, docks, pools, whirlpool spas, courts, cabanas, chickee huts, gazebos, stables, sheds, detached garages and carports, antennas and wireless telecommunications facilities.

Adjacent property means property that touches or is directly across a street, private street or access easement, or right-of-way (other than a freeway or principal arterial) from the subject property.

Administrative adjustment means an administrative adjustment from the strict application of the land development regulations, but only in accordance with certain procedures, regulations and requirements.

Adult book store/adult novelty store/adult video store means an establishment having adult material as a substantial or significant portion of its stock in trade, or an establishment with a segment or section devoted to the sale or display of such material. Twenty percent of the gross floor area of the establishment devoted to adult material shall be presumed to be a substantial or significant portion of the stock in trade.

Adult booth.

(1)

The term "adult booth" means a small enclosed or partitioned area inside an adult entertainment establishment that is:

a.

Designed or used for the viewing of adult material by one or more persons; and

b.

Accessible to all persons, regardless of whether a fee is charged for access.

(2)

The term "adult booth" includes, but is not limited to, a "peep show" booth, or other booth used to view "adult material." The term "adult booth" does not include a foyer through which a person can enter or exit the establishment, or a restroom.

Adult congregate living facility means any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator.

Adult dancing establishment means an establishment where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing.

Adult domination/submission parlor means an adult establishment specializing in bondage, sadomasochism, humiliating activities or other similar activities which depicts, describes or relates to the "specified sexual activities" or "specified anatomical areas," as defined below.

Adult entertainment establishment means the regulated adult use or other establishment or business operated for commercial gain where an employee, operator, or owner exposes his specified anatomical area for viewing by patrons, including, but not limited to, massage establishments, whether or not licensed pursuant to F.S. ch. 480, tanning salons, modeling studios, or lingerie studios. Excluded from this definition are educational institutions and schools, as defined herein, where the exposure of specified anatomical areas is associated with a curriculum or program.

Adult group home means a nursing home facility, adult congregate living facility or adult family-care home facility licensed pursuant to F.S. ch. 400, parts II, III and VII, respectively.

Adult material means:

(1)

One or more of the following, regardless of whether it is new or used: books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, videocassettes, slides or other visual representations; recordings or other audio materials; and anatomically correct novelties or devices that have, as their primary or dominant theme, subject matter depicting, exhibiting, illustrating, describing, or relating to specified sexual activities or specified anatomical areas as defined below; or

(2)

Anatomically correct instruments, novelties, devices, or paraphernalia which are designed for use in connection with specified sexual activities, excluding bona fide birth control devices.

Adult motel means a hotel, motel, boardinghouse or roominghouse or other place of temporary lodging presenting adult material by means of closed circuit television, for observation by patrons therein.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons regularly used for presenting adult material for observation by patrons therein, which activity requires the exclusion of minors under F.S. ch. 847.

Alley means a through right-of-way (public or private), of less than 25 feet in width, that offers only secondary access to abutting properties which is not used for general traffic.

Alterations means any change in the size, shape or character of construction of a building, structure or sign. Superficial enhancement of the exterior of an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

Amateur radio station means a station in an amateur radio service consisting of the apparatus necessary for carrying on radio communications. Radio amateurs build and operate several types of amateur radio stations, including fixed ground stations, mobile stations, space stations, and temporary field stations.

Amateur radio tower is a freestanding or building-mounted structure, including any base, tower or pole, antenna, and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the FCC.

Antenna array means one or more rods, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include an omni-directional antenna (rod), a directional antenna (panel), and a parabolic antenna (disc).

Apartment means a building, with or without resident supervision, occupied or intended to be occupied by more than two families living separately with separate cooking and sleeping facilities in each unit.

Arcade means a walkway adjacent to a building, covered by a roof, yet not fully enclosed.

Area of sign. Sign area shall be computed by means of the smallest square, circle, or rectangle, triangle, or combination of shapes that will encompass the outer limits of the writing, representation, emblem, logo or other display, together with any material or color forming an integral part of the background of the display or area used to differentiate the sign from the backdrop against which it is placed. Signs comprised of individual elements attached to a building wall shall be measured as one unit, when the distance between the sign elements is less than two times the dimension of each element. When the faces of a double-faced sign are parallel, only one side shall be counted in computing sign area. If the two faces of such double-faced sign are of unequal area, the larger sign face shall be considered the area of the sign.

Artificial turf means an artificial product manufactured from synthetic materials that effectively simulates the appearance of natural turf, grass, sod or lawn.

Assembly means a group of persons organized and united for some common purpose.

Attic means the area between roof framing and the ceiling of the rooms below that is not habitable, but may be reached by ladder and used for storage of mechanical equipment, enclosed with walls, flooring, and a ceiling and creates a finished attic space eligible for status as a story.

B

Balcony means a platform enclosed by a parapet or railing that projects from the wall of a building and is not within the general outline or profile of the building.

Bar means an area devoted primarily to the selling or dispensing of alcoholic beverages or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable within or thereon and where such beverages are consumed on the premises and in which the service of food is only incidental to the consumption of such beverages.

Block means a parcel of land entirely surrounded by streets, streams, railroad rights-of-way, parks or other public space or combinations thereof.

Boat means a vessel for travel on water. The following shall be exempt from the term "boat":

(1)

Non-motor-powered vessels;

(2)

Non-motor-powered vessels used exclusively on private lakes and ponds;

(3)

Vessels owned by the United States Government; and

(4)

Vessels used exclusively as a ship's lifeboat.

Boundary means a line indicating the bounds or limits of any tract or parcel of land, or the various use districts of an urban area.

Buffer area (see also Screening) means a landscaped area or green space intended to separate two adjacent land uses or properties from one another.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building code means the state building code, as amended, the National Electrical Code, as amended, the National Electrical Safety Code, as amended, FCC regulations, as amended, and any other applicable federal, state, and local building code.

Building footprint means the area of a lot or site included within the surrounding exterior walls of a building or portion of a building, exclusive of courtyards. In the absence of surrounding exterior walls, the building footprint shall be the area under the horizontal projection of the roof.

Building line means the line established by law, beyond which a building shall not extend, except as specifically provided by law.

Building permit means an official document or certification that is issued by the building official after review for compliance with building constructions standards adopted by the town and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure and does not include a review for compliance with land development regulations.

Building setback means the distance as measured perpendicularly from the front, side, or rear property line to the building.

Business tax receipt means a license issued by the town as a prerequisite to the maintaining and conducting of a business, service or profession.

C

Cabinet sign means a wall sign contained completely within a box, frame or similar enclosure. Cabinet signs are typically backlit with a plastic or plexiglass face.

Canopy means any fixed roof-like structure, not movable like an awning, and which is cantilevered in whole or in part self-supporting, but having no side walls or curtains other than valances not more than 18 inches deep. Lean-to canopies, fixed umbrellas and similar structures are included in this classification. Structures having side walls or valances more than 18 inches deep shall be classified as a tent as set forth herein.

Carport means a private automobile shelter not completely enclosed by walls and doors.

Carrier means a company licensed by the FCC that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide personal wireless services.

Child care facility means any facility where care, protection, and supervision for a minimum of six children is regularly provided, for a fee or grant and as further enumerated in F.S. § 402.302(2).

Civic use means a building or land area devoted to educational, neighborhood or governmental activities and serving the needs of the public or local citizenry.

Colonnade means a series of columns set at regular intervals and usually supporting the base of a roof structure.

Commercial center means a commercial or mixed use building or buildings including at least two individual establishments, which is zoned to permit retail use or a mixture of retail and residential uses, and which was planned and designed as a cohesive development.

Commercial or retail uses means the purchase, sale, or transaction involving the disposition of any article, substance, commodity, or service; the maintenance or conduct of offices, professions, financial or recreational or amusement enterprises conducted for profit and also including the renting of rooms, business offices, and sales display rooms and premises.

Commercial vehicle means a motor vehicle with two axles or more used for the purchase, sale or transportation of commodities, including, but not limited to, motor or non-motored vehicles displaying the name(s) of commercial entities.

Community residential homes means a dwelling unit licensed to serve residents, as defined in F.S. § 419.001(d), who are clients of the department of elderly affairs, the agency for persons with disabilities, the department of juvenile justice, or the department of children and family services or a dwelling unit licensed by the agency for health care administration which provides 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 the physical, emotional, and social needs of the residents.

Concurrency means the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur.

Conditional use means a use not permitted by right but which may provide for an individual or community serving need and which, subject to conditions, would not impact the integrity of the zoning district.

Congregate care and nursing home means a facility that provides both medical and non-medical services to individuals in need of personal assistance essential for sustaining the activities of daily living, including care, food, lodging, supervision, habilitation, rehabilitation, and treatment they need.

Construction and demolition debris orC&D means used or commonly discarded materials removed from premises of a project during construction, remodeling, repair, demolition, deconstruction or renovation resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any pavement, house, residential building, nonresidential building, or other structure, or from landscaping. Such materials include, but are not limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood, masonry, rocks, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavement, house, residential building, nonresidential building, and other structures.

Contiguous. Lands are contiguous if they abut each other, or if separated by streets, ways, easements, pipelines, power lines, conduits, or rights-of-way under single ownership of the petitioner, a governmental agency, a subdivision or a public or private utility. Lands shall not be considered contiguous unless they can be developed with internal vehicular and pedestrian connectivity.

Convenience store means a retail establishment offering for sale prepackaged food products, beverages, limited household items, and other goods. A convenience store may also sell fuel but does not permit major or minor service.

Cut-off type lighting fixture means a luminaire that allows a minimum amount of light directed at a horizontal plane (90 degrees). Light above the horizontal plane is limited to less than two and one-half percent of the total lamp lumens.

D

Demolition means the complete constructive removal of a building or structure on any site.

Density means an objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre.

Density, gross, means the total number of dwelling units divided by the overall area (as measured to the centerline of adjacent streets).

Density, net, means the total number of dwelling units divided by lot area (exclusive of rights-of-way).

Developer means any person, including a government agency, undertaking any development as defined herein.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of materials or equipment.

Development order means any order granting, denying, or granting with conditions an application for a development permit.

Development permit means any building permit, zoning permit, subdivision approval, rezoning, certification, variance, or any other official action of local government having the effect of permitting the development of land.

Director means the community development director or his qualified designee.

District means any area delineated on the official zoning map under the terms and provisions of this code or which may hereinafter be created subsequent to the enactment of this code for which regulations governing the area, height, use of buildings, or use of land, and other regulations relating to development or maintenance of existing uses or structures, are uniform.

Drive-thru/drive-in means an establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for vehicles so as to serve patrons while in the vehicle rather than within a building or structure.

Driveway means a vehicular access or a private road that enables vehicles to travel from a public or private road to the entrance of a public or private property.

Duplex means a building containing two single-family dwelling units totally separated from each other by a vertical common firewall. Each unit shall have direct access to the outside and separate cooking and sleeping areas.

Dwelling orresidence means any building or part thereof, occupied in whole or in part, as the residence or living quarters of one or more persons, permanently, or temporarily, continuously or transiently.

Dwelling, multifamily, means a building or portion thereof used for occupancy of three or more families living independently of each other and containing three or more dwellings, including, but not limited to, what is commonly known as an apartment building.

Dwelling, single-family attached (group, row, duplex, and townhouses), means one or more dwellings having a common or party wall.

Dwelling, single-family detached, means a dwelling not occupied by more than one family; a dwelling comprised of only one unit.

E

Easement means an interest in land owned by another person, consisting of the right to use or control the land, or an area above or below it, for a specific limited purpose.

Educational facilities/school. See School.

Educational institution means a premises or site upon which there is an institution of learning, whether public or private, which conducts regular classes, courses of study, or both, required for accreditation by or membership in the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools, or the Florida Council of Independent Schools. The term "educational institution" also includes art galleries and museums open to the public; or special institutions of learning.

Encounter studio/modeling studio means an establishment offering nude or semi-nude encounter/modeling sessions, sessions between opposite or same sex adult individuals, nude dance/photo sessions, or sexual consultations, which have, as their dominant or primary theme, matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below.

Entertainment center means any establishment where entertainment, either passive or active, is provided for the pleasure of the patrons. Such entertainment includes, but is not limited to, vocal and instrumental music, dancing, karaoke, comedy, acting, video arcades and similar uses.

Entrance features means any combination of decorative structures and landscape elements located at the entrance to a development, which identifies or draws attention to the development and/or exercises control of ingress and egress to the development. An entrance feature may include, although not necessarily be limited to, ornamental walls, fences, identifying lettering, logos, works of art, and other decorative structures, earthworks, water bodies, fountains, trees, plantings, and other landscape elements, as well as gatehouses, either singly or in any combination thereof.

Establishment (adult use regulations) means the site or premises on which the adult entertainment establishment is located, including the interior of the establishment, or portion thereof, upon which certain activities or operations are being conducted for commercial gain.

Existing development means the use of a lot, parcel or structure at the time of the enactment of the code or any section thereof.

Existing urban service area means built-up areas where public facilities and services such as sewage treatment systems, roads, schools, and recreation areas are already in place.

F

Facade means that exterior side of a building which faces, and is most nearly parallel to, a public or private street. The facade shall include the entire building walls, including wall faces, parapets, fascia, windows, doors, canopies, etc., but does include exposed roof surfaces.

Family means one or more persons living together as a single housekeeping unit.

Family day care home means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. Household children under 13 years of age, when on the premises of the family day care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age:

(1)

A maximum of four children from birth to 12 months of age.

(2)

A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.

(3)

A maximum of six pre-school children if all are older than 12 months of age.

(4)

A maximum of ten children if no more than five are pre-school age and, of those five, no more than two are under 12 months of age. (F.S. § 402.302.)

Federal Communications Commission (FCC) means an independent government agency that regulates interstate and international communications by radio and television and wire and cable and satellite. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the media, public safety and homeland security.

Fence means a barrier used to enclose a property as a means of protection or confinement.

Financial feasibility means that as provided in F.S. § 163.3164(32), as amended.

Five minute walk means the average distance an adult is able to traverse in a five minute period.

Flag means a piece of fabric with a color or pattern representing a government or other organization, entity, or idea.

Floor area, gross, means the sum of the horizontal areas of all floors of a building, including areas used for human occupancy in basements and attics, as measured from the exterior faces of the walls. Such area does not include basements, unenclosed porches, or attics not used for human occupancy.

Floor area ratio (FAR) means a measurement of development intensity determined by dividing the floor area of the building or buildings on any lot by the net area of the lot.

Florida Friendly Landscaping means guiding principles of the Florida yard and neighborhood programs which principles include locating the right plant in the right place, water efficiently, fertilize appropriately, mulch, attract wildlife, manage pests, responsibly recycle, reduce stormwater runoff, and protect the waterfront.

Florida Green Building Coalition (FGBC) means the Florida Green Building Coalition, Inc., a state 501(c)(3) not-for-profit corporation whose mission is to establish and maintain a state system of statewide green building standards and third party certification programs with environmental and economic benefits.

Frontage means the length of any one property line of a site, which property line abuts a legally accessible public right-of-way.

Frontage, building means the single side of a building approximately parallel or nearest to the frontage of the premises. The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls.

Fuel-efficient vehicles means vehicles which have achieved a minimum green score of 40 according to the annual vehicle-rating guide of the American Council for an Energy Efficient Economy.

Full cut-off fixture means a luminaire, as installed, that is designed or shielded in such a manner that no light is present at or above a horizontal plane.

Fully shielded means a light fixture constructed in such a manner that all light emitted by the fixture, whether directly from the lamp or a defusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed. The fixture shall be mounted such that no light is emitted above the horizontal plane.

G

Garage, private, means a structure for the private use of the owner or occupant of a principal structure situated on the same lot for the storage of motor vehicles.

Garage, public, means a structure designed and used for the storage of motor vehicles.

Garage, repair, means a building designed and used for the storage, care, repair, or refinishing of motor vehicles, including both minor and major mechanical overhauling, paint, and body work.

Geographic search area means that initial circular area which has a radius of no less than one mile designated by a wireless provider or operator for a new tower. The geographic search area shall be determined based upon engineering considerations including grids, frequency coordination and levels of service consistent with good engineering practices.

Glare means a light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and in extreme cases to cause momentary blindness.

Grade means the elevation established for the purpose of regulating the number of stories and the height of buildings. Grade shall be the mean level of the finished surface of the ground adjacent to the exterior walls of a building or a base to support a structure.

Green building means a structure that is designed, built, renovated, operated and reused in an ecological and resource-efficient manner.

Green building certification means the final designation awarded by a nationally recognized third party certifying agency such as the GBCI or FGBC, or other third party certifying agency as approved by the town manager, evidencing compliance with the certification requirements under the applicable program.

Green Building Certification Institute (GBCI) means the organization which administers and provides third-party project certification for commercial and institutional buildings and tenant spaces under the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED®) Green Building Rating Systems™.

Green Globes^® means the most recent version of the Green Globes ^® rating system which includes Green Globes for New Construction and Green Globes for Continual Improvements of Existing Buildings.

Group home means a facility which provides a living environment for a maximum of six unrelated residents who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents. Adult congregate living facilities comparable in size to group homes are included in this definition. The term "group home" shall not include rooming or boarding homes, clubs, fraternities, sororities, monasteries or convents, hotels, residential treatment facilities, nursing homes, or emergency shelters.

Growth management plan means a plan that meets the requirements of F.S. §§ 163.3177 and 163.3178.

H

Height means the vertical distance from grade to the highest point of the structure in all districts, unless exempted per the requirements of exclusion from height limits.

Height limit means the limit to the vertical extent of a structure that is measured in number of stories or feet.

Historic structure, building, site, object, or district means any structure, building, site, object, or district that is listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 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; on the state inventory of historic places, which has been approved by the Secretary of the Interior; or on a local inventory of historic places in communities with historic preservation programs that have been certified either by the approved state program as determined by the Secretary of the Interior, or directly by the Secretary of the Interior.

Home-based public assembly use means an assembly for social, religious, or other reasons, which is an incidental accessory use to the principal residential use of a residential dwelling unit.

Home office means an office designed for and operated as a home occupation/office location in a dwelling unit, and carried on by a person residing in the dwelling unit involving only written correspondence, telephones, computers, or other common office equipment, and which is clearly ancillary and secondary to the use of the dwelling for residential purposes. A home office shall preclude any business operation which requires or permits customers, employees or patrons to visit the dwelling. The incidental taking of office work home and completing same, by a person having a business address other than the residence, shall not constitute the establishment of a home office and shall continue to be permitted in conjunction with a residential use. It is further provided that an office use ancillary to a permitted, bona fide agricultural use shall not constitute a home office.

Hotel means a building, or part thereof, in which sleeping accommodations are offered to the public, primarily on a short-term or transient basis, with no cooking facilities for use by the occupants, in which there may be a public dining room for the convenience of the guests, and access to the sleeping rooms is through an inside lobby or office.

Hybrid vehicles means vehicles which use a gasoline engine to drive an electric generator and use the electric generator and/or storage batteries to power electric motors that drive the vehicle's wheels.

I

Impervious area means that portion of a lot measured in square feet which is incapable of being penetrated by rainwater. This shall include, but not be limited to, all structures, roof extensions, terraces, porches, sidewalks, pools, driveways (including artificial turf featured within a residential driveway) and athletic courts.

Institutional use means a religious institution, library, school, hospital, medical or convalescent center, government facility or other similar uses.

Interference means the impairment of transmission or reception of any desired communications or radio frequencies within the town. The term "interference" embraces electrical interference in all of its forms, including, without limitation, co-channel interference, interference from intermodulation products, and blanketing inference.

K

Kennel means:

(1)

The keeping of any dog or dogs, regardless of number, for sale, breeding, boarding, or treatment purposes, except by a hobby breeder as defined in this chapter or, as provided by law, in a dog hospital, dog beauty parlor, pet care center, pet shop, dog racing establishment, governmental agency, laboratory, or facility housing animals for medical research that is approved by a federal agency;

(2)

The keeping of dogs, six months of age or older, on premises used for residential purposes, in excess of the following numbers:

a.

Four dogs on property that is less than one acre in gross area, or in any individual residence unit in a multifamily zoning district;

b.

Six dogs on property that is at least one acre but less than two acres in gross area; and

c.

Eight dogs on property that is two acres or more in gross area; or

(3)

The keeping of more than four guard dogs on vacant property or on property used for business or industrial purposes.

L

Land development regulations means any ordinance enacted by the town for the regulation of any aspect of development, including an ordinance governing zoning, subdivisions, landscaping, tree protection, or signs, the town's growth management plan, or any other ordinance concerning any aspect of the development of land.

Landscape feature means any improvement or vegetation, including, but not limited to courtyards, fences, shrubbery, trees, sidewalks, planters, plantings, gates, low walls, street furniture and exterior lighting.

Landscape plan means a plan associated with a subdivision, land development, or parking facility plan indicating the placement of landscape materials, including specifications, species, quantities, and method of installation.

LEED^® means the most recent version of the Leadership in Energy and Environmental Design ^® rating system which is a third party certification system designed for rating various building types as developed by the U.S. Green Building Council.

Licensed premises. See Establishment (adult use regulations).

Light pollution means any adverse effect of manmade light, including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, uplighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky.

Light trespass means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

Loading space means an off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Local planning agency means the agency designated pursuant to F.S. § 163.3174.

Lot means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed or built upon.

Lot area, gross, means the area of the overall parcel as measured to the centerline of the adjacent rights-of-way.

Lot area, net, means the area of the parcel excluding the adjacent rights-of-way.

Lot, corner, means a lot abutting the intersection of two or more streets.

Lot coverage means the area of a lot which is occupied or covered by, but not limited to, buildings, including covered porches and accessory buildings, decks, pools, driveways, walkways, patios, sidewalks, parking structures and roads (i.e., impervious areas).

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot frontage means the distance for which the front lot line and the street right-of-way line are coincident.

Lot line, front. The front of a lot shall be construed to be that portion abutting the street. For corner lots, the lot front shall be the narrowest portion of the lot abutting any street.

Lot line, rear. The rear property line of a lot is that lot line opposite to the front property line.

Lot line, side, means any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot width means the horizontal distance between side lot lines, measured at the required front setback line.

Lumen means a unit of luminous flux; used to measure the amount of light emitted by lamps.

M

Major and minor repair service.

(1)

Major service is the general repair, rebuilding, or reconditioning of engines, vehicles or similar equipment; activities associated with engine, bodywork, frame, fender, collision services, and painting.

(2)

Minor service is the general maintenance of vehicle and similar equipment, including brake, muffler, tire repair and change, lubrication, and tune-ups.

Marijuana means any strain of cannabis or marijuana, in any form, that is authorized by state law to be dispensed or sold in the state for use by qualified users as defined by state statutes. Also referred to as "medical marijuana."

Major renovation/remodel means any design and construction project that alters the structure or other site improvements of an existing building where the cost of construction is equal to or exceeds 40 percent of the building's replacement cost.

Manufactured home means a building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

Market value means the building value, which is the property value excluding the land value and that of the detached accessory structures and other improvements on site (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal, or one based on income approach), actual cash value (replacement cost depreciated for age and quality of construction of building), or adjusted tax-assessed values.

Massage establishment means any place of business or establishment wherein all or any one or more of the following names, subjects and methods of treatment are administered or practiced: body massage either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy), applying such movements as stroking, friction, rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage, or tapotement. However, nothing in this definition shall be construed as applying to state licensed massage therapists, barbers, cosmetologists, manicurists, pedicurists, occupational therapists, physical therapists, midwives, practical nurses, agents, servants or employees in licensed hospitals, nursing homes or other licensed medical institutions, physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, or their agents, servants or employees acting in the course of such agency, service or employment under the supervision of the licensee. Also, the term "massage establishment" shall not apply to any massage establishment wherein at least 50 percent of the employees on duty full-time during the hours that the establishment is open for business are state licensed massage therapists or other licensed professionals listed in the preceding sentence.

Mechanical equipment means an air conditioning unit, water cooling tower, swimming pool pump, irrigation pump, well water pump, fan, power generator or other similar power source equipment, permanently affixed to real property.

Medical marijuana dispensary means a retail establishment, licensed by the state department of health as a "medical marijuana treatment facility," "medical marijuana treatment center," "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses medical marijuana.

Mixed use means the development of a tract of land or building or structure with two or more different uses which include, but are not limited to, residential, office, commercial, retail, public, or entertainment, in a pedestrian-oriented compact urban form.

Mobile food services operations means the preparation/cooking, serving and/or sale of food conducted from vehicle or trailer. Each individual vehicle or trailer shall be considered a mobile food service operation.

Mobile home means a trailer designed to be used as living quarters, providing the normal and usual facilities of a residence, intended by size and capacity for extended use as a dwelling which is constructed with a permanent hitch or other device allowing transport of the unit.

Model home means a structure constructed to represent a certain residential unit design meeting all the requirements of the town for approval of a certificate of occupancy except for approval of the land use upon which the model home is built.

Model home, dry, means a model home constructed completely in accordance with the ordinances and requirements of the town but which shall not be connected to some or all utility services.

Motel means a building or a group of two or more buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of ten residential units or rooms which shall generally have direct, private openings to a street, drive, court, patio, or the like.

Multifamily structure means a building or portion thereof used for occupancy of three or more families living independently of each other in individual dwelling units; including units that are located over one another; having separate or joint entrances.

N

Nadir means the direction pointing vertically down from the lowest light emitting part of the luminaire.

Neighborhood convenience store means a convenience store limited in intensity of use to serve primarily the immediate surrounding neighborhoods.

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, as provided for in F.S. § 163.3164(15), as amended.

Nightclub means a commercial establishment in which music, dancing and/or entertainment is conducted as a principal use.

Nonconforming structure means a structure or portion thereof, existing at the effective date of these regulations or any amendment thereto, which was designed or structurally altered for a use not permitted at its location by the provisions of these regulations as a new use, and/or which does not conform to all of the regulations applicable to the district in which it is located, such as setbacks, minimum floor area, and the like.

Nonconforming use means the use of a structure or premises, existing at the effective date of these regulations, or any amendment thereto, for any purpose not permitted as a use in the zoning district in which it is located.

Nude entertainment establishment means any establishment which does or does not offer alcoholic beverages for sale or consumption but does feature male or female entertainers, performing partially clothed or completely nude, displayed in a setting, section, stage or cubicle within a business, which has as its principal or incidental purpose the offering for viewing to adult of performances which have, as their dominant or primary theme, matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined.

Nursing home facility means any facility which provides nursing services as defined in F.S. ch. 464, part I, and which is licensed according to this part.

O

Off-street parking means the storage space for vehicles on premises other than rights-of-way.

Office use means a use associated with conducting the affairs of a business, profession, service industry, or government.

Open space means land used for recreation, resource protection, amenity, and/or buffers.

Outdoor adult theater means an adult theater that is not located within an enclosed building.

Outdoor dining area means an area of designated size used as a seating area with tables and chairs for the contiguous restaurant. This seating may be in addition to the indoor seating or it may be the only seating available for the restaurant.

Outdoor sale means the placement of goods, equipment, or materials for sale, rental, or lease in a location not enclosed by a structure consisting of walls and a roof. The term "outdoor sale" shall not mean yard sales as defined in the Town Code.

Outdoor storage means the storage of any material for a period greater than 24 hours, including items for sale, lease, processing, and repair (including vehicles) not in an enclosed building.

P

Pain management clinic means any publicly or privately owned medical office or clinic:

(1)

That advertises in any medium for any type of pain management services; or

(2)

Where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for treatment of chronic nonmalignant pain.

Parapet means the portion of a building wall which rises above the roof level.

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 and land to be used, or developed as, a unit or which has been used or developed as a unit, as provided in F.S. § 163.3164(16).

Park means any area that is predominately open space, used principally for active or passive recreation, and not used for a profit making purpose.

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

Parking lot and/or garage, valet, means a parking lot and/or garage which is accessory to and that may or may not be located on the same lot as the main permitted use, where noncommercial personal automobiles and vans are parked solely by employees or agents of the owner of the main permitted use.

Parking lot or garage, satellite, means a parking lot or garage which is accessory to but located on a lot which is not contiguous with the main permitted use.

Parking space or stall means an area on a lot and/or within a building intended for parking of a personal vehicle.

Patio or terrace living area means a constructed hard surface area that is paved or bricked (not asphalt).

Pawn shop means a business establishment which accepts merchandise as security for cash loans and which offers the merchandise for sale after an agreed upon period of time if the loan has not been paid.

Peak hour (to measure traffic level of service) means the peak 60-minute interval in either the morning or afternoon peak period (whichever is greater) on an average peak season day.

Peak season means the 13 week period with the highest average traffic for the year.

Pedestrian-oriented development means development designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and building, rather than on auto access and parking areas. The building is generally placed close to the street and the main entrance is oriented to the street sidewalk. There are generally windows or display cases along building facades which face the street. Typically, buildings cover a large portion of the site. Although parking areas may be provided, they are generally limited in size and they are not emphasized by the design of the site.

Performance guarantee means a financial guarantee (letter of credit or bond) to ensure that all improvements, facilities, or work required will be completed in compliance with the ordinances, regulations, plans, permits and specifications of a development.

Permit. See Development permit.

Personal service means an establishment primarily engaged in providing frequent or recurrent needed services of a personal nature, such as a hair or nail salon.

Pharmacy means any place, licensed under F.S. ch. 465, where drugs and medicines are prepared, dispensed or compounded.

Place of public assembly means any area where individuals assemble, whether publicly or privately owned and maintained, where assembly is the principal use of the property. This includes, but is not limited to, auditoriums, fraternal lodges, community centers, private clubs, and theaters; and places of worship or other facilities that are used for prayer and assembly by persons of similar beliefs.

Planned unit development (PUD) means land under unified control to be planned and developed as a whole or in phases. A PUD includes structures and uses substantially related to the character and purpose of the planned development and is built according to general and detailed plans. A PUD includes a program for the operation and maintenance of such areas, facilities, and improvements as will be for the common use by some or all of the occupants of the PUD zoning district, but which will not be provided, operated, or maintained at general public expense.

Plat means a plan, map, or chart of a piece of land with actual or proposed features.

Final plat means the final tracing map or drawing or chart on which the subdivider's plan of subdivision is presented to the governing body for approval, and which, if approved, will be submitted to the clerk of the circuit court for recording.

Tentative plat means a preliminary map, drawing or chart indicating the proposed layout of the subdivision submitted for approval and as further defined in chapter 28, Code of Miami-Dade County. The purpose being for subdivision design, therefore conceptual in nature, and subject to change prior to the boundary survey being made for which a plat of record is being filed.

Waiver of plat means a subdivision that involves only the dedication of a road, highway, street, alley or easement and due to unusual conditions or circumstances the town finds that it is not necessary that a plat be recorded; or that the land to be subdivided is to be divided into no more than six parcels; or that the land is of such an unusual size or shape or has other unusual conditions that justify waiving the plat requirement; or a parcel of land conveyed by a recorded warranty deed that is dated prior to June 20, 2012.

Pole means any utility, electricity, telephone, power or light pole, other than any pole owned by the town.

Porch means an attached open air projection from the outside facade of a building covered by a roof and used solely for ingress and egress and not for occupancy.

Porte cochere means a structure attached to a residence and erected over a driveway, not exceeding one story in height, and open on two or more sides.

Portico means a colonnade or covered ambulatory and often at the entrance of a building.

Principal building means a building in which is conducted the primary or predominant use of the lot on which it is located.

Promenade means a wide controlled pedestrian walk, formal in aesthetic design. Promenades may be made of pavers, crushed gravel, grass, wood decking, or concrete.

Public means belonging or open to, enjoyed and used by and/or maintained for the public generally, but not limited to, a facility the control of which is wholly or partially exercised by some governmental agency.

Public facilities means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.

Public hearing means a publicly advertised meeting of an official legislative or quasi-judicial body conducting town business during which the public is allowed to give testimony concerning issues under consideration.

Public notice means notice as defined by F.S. § 163.3164(18).

Public rights-of-way orROW means a public right-of-way, public utility easement, highway, street, bridge, tunnel, pier, waterway, dock, wharf, court, lane, path, or alley or any other property for which the public entity is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the public entity holds a property interest therein. The term "public rights-of-way" shall not include private property. The term "public rights-of-way" shall not include any real or personal property except as described above and shall not include town buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way. For the purposes of wireless telecommunication facilities, the town is the sole authority for public rights-of-way.

Public safety and nuisance means anything which is injurious to safety or health of the entire community or a neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Public service/utility uses means those which provide essential or important public services such as emergency dispatch centers for fire, police and rescue; broadcasting stations; utility facilities such as water or wastewater plants, electricity substations, maintenance facilities for schools or telephone companies.

R

Recreation facilities, private, means a private recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are usually located within or adjacent to such development.

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

Recreational vehicle means recreational and camping equipment in the form of travel and camping trailer, swamp buggy and other off-road vehicles and motor travel home.

Regional shopping center means a concentration of retail, service, and entertainment enterprises with common parking facilities designed to serve the surrounding region.

Regulated adult use includes, but is not limited to, the following:

(1)

Adult bookstore/adult novelty store/adult video store;

(2)

Adult dancing establishment;

(3)

Adult domination/submission parlor;

(4)

Adult motel;

(5)

Adult motion picture theater/adult booth;

(6)

Encounter studio/modeling studio;

(7)

Massage establishment;

(8)

Nude entertainment establishment;

(9)

Outdoor adult theater; and

(10)

Any bookstore, video store, motion picture theater, motel/hotel, dancing establishment, massage establishment, or photo or modeling studio:

a.

That includes the word "adult" in its name;

b.

Where an employee, operator, or owner exposes his specified anatomical area for viewing by patrons; or

c.

That requires the exclusion of minors under F.S. ch. 847;

Shall be considered a regulated use.

Religious institutions means churches and ecclesiastical or denominational organizations, or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and shall also mean church cemeteries.

Repair garage means a building designed and used for the storage, care, repair, or refinishing of vehicles, including both major and minor service.

Residential uses means activities within land areas used predominantly for housing.

Restaurant means a food and/or beverage establishment that prepares food on the premises for consumption either on or off the premises. Bars or lounge areas are considered an incidental use to the restaurant.

Retail means the sale of commodities or goods which are sold to the ultimate consumer.

Right-of-way. See Public rights-of-way.

Road, private, means vehicular ingress and egress established as a separate tract for the benefit of certain adjacent properties not abutting public right-of-way.

Roof means the exterior top covering of a building.

Roof line means the top edge of the roof or top of the parapet, whichever forms the top line of the building structure.

Roof overhang means the overhead features of an architectural element beyond the building wall such as roofs.

S

Satellite dish antenna means a round, parabolic antenna intended to receive signals from orbiting satellites and other sources.

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

Screening means the method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.

Service station means any premises where fuel and similar products are sold and minor services may be conducted.

Setback means the minimum horizontal distance between the lot or property line and the nearest front, side, or rear line of the building, as the case may be, including terraces or any covered projection thereof. Steps and ramps are excluded from this calculation.

Setback, front, means a setback that is measured from a front lot line.

Setback, interior side, means a setback that is measured from an interior side lot line.

Setback, rear, means a setback that is measured from a rear lot line.

Setback, side, means a setback that is measured from a side lot line.

Shared parking means any parking spaces intended to be utilized for more than one use occurring on a single lot or within a single building, where persons utilizing the spaces are unlikely to need the spaces at the same time of day.

Shopping center means a commercial or mixed use development with at least 250 feet of street frontage zoned for commercial, retail, and/or office purposes under one application and under one or more ownership, and having three or more uses.

Showroom means a building or premises where new vehicles, boats, equipment, furniture, appliances, and other products are prominently displayed and offered for sale by an authorized agent.

Sight distance triangle means an area of land at the intersection of streets, or a street and a driveway, within which nothing may be erected, planted, placed, or allowed to grow in a manner which will obstruct the vision of motorists entering or leaving the intersection.

Sign means any device or representation for visual communication that is used for the purpose of bringing the subject matter to the attention of the public. Signs include, but are not limited to, figures, letters, logos, devices, flags, pennants, emblems, and pictures.

Abandoned sign means a sign for a business or purpose that is no longer present at the sign location.

Animated sign means a sign that uses movement, change of lighting or change of color to depict action or create a special effect or scene; also, a sign or device visible from the public right-of-way with letters or characters that move or change more frequently than every six seconds.

Area of sign. Sign area shall be computed by means of the smallest square, circle, or rectangle, triangle, or combination of shapes that will encompass the outer limits of the writing, representation, emblem, logo or other display, together with any material or color forming an integral part of the background of the display or area used to differentiate the sign from the backdrop against which it is placed. Sign area shall not include any supporting framework, bracing, or wall when such structure otherwise meets the regulations of this code and is incidental to the display itself. Signs comprised of individual elements attached to a building wall shall be measured as one unit, when the distance between the sign elements is less than two times the dimension of each element. When the faces of a double-faced sign are parallel, only one side shall be counted in computing sign area. If the two faces of such double-faced sign are of unequal area, the larger sign face shall be considered the area of the sign.

Attached sign means a sign which is attached to or supported by a building, a wall, or other structure. The definition of the term "attached sign" shall not include a sign painted directly on the wall face of a building or structure.

Automatic electric changing sign ("ACS") means any electrical or electronically controlled sign where different messages or copy changes are shown, and including tri-vision panels. Also, any sign, or portions of a sign, where any light source, including, but not limited to, incandescent bulbs or light-emitting diodes (LEDs), constitutes the sign text or image. This type of sign includes, but is not limited to, electronic message boards; television screens; plasma screens; digital screens; flat screens; LED screens; video boards; other types of electric and electronic display boards and screens; and holographic displays.

Awning, canopy, roller curtain orumbrella sign means any sign which is stamped, perforated, or stitched on the surface area of an awning, canopy, roller curtain or umbrella.

Banner means a sign intended to be hung either with or without a frame, possessing characters, letters, illustrations or ornamentation applied to paper, plastic, fabric or other non-rigid material, excluding flags and insignias of any government entity.

Building marker signs means any sign indicating the name of a building and date and incidental information about its construction.

Canopy sign means a sign that is suspended from, attached to, supported from, or forming a part of a canopy.

Cantilever means that portion of a building, projecting horizontally, whether it is on the same plane as the roof line or not.

Cantilever sign means any sign which is mounted on a cantilever.

Changeable copy signs means any sign within a monument display designated so that letters or numbers are manually attached or automated to change to a different message.

Channel letter sign means using three-dimensional letters, numbers or logos with a groove, or other indentation or recess in the surface having an independent physical existence from the building or other structure to which it is attached.

Construction sign means any sign erected and maintained on the premises temporarily while undergoing construction by an architect, contractor, developer, finance organization, subcontractor, or materials vendor upon which property such individual is furnishing labor, services, or material.

Detached sign means any sign not attached to or painted on a building, but which is affixed and permanently attached to the ground and which is not a monument sign as defined herein. The term "permanently attached," as used herein, shall mean that the supporting structure of the sign is attached to the ground by a concrete foundation or other support anchored in the ground.

Directional sign means:

(1)

A sign permanently erected or permitted directing an individual to a location of ingress or egress to or from the property.

(2)

A sign permanently erected or permitted identifying a building or buildings.

Directory sign means a sign interior to the property listing only the names and/or uses, or locations of more than one business, activity, or professional office conducted within a building, group of buildings, or commercial center or office park.

Election sign means a sign relating to a candidate for political office or a measure scheduled for election.

Facade sign means a sign consisting of letters and graphics applied directly to the facade of the building, within the single external sign band or zone designated on the facade of a building.

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

Fixed projecting sign means a sign affixed to the exterior wall of a building or structure with the sign face(s) not parallel to the plane of such wall.

Flat sign means a sign erected parallel to and extending not more than 12 inches from the facade of any building to which it is attached and supported throughout its entire length by the facade and not extending above the facade.

Freestanding sign means a sign supported by a sign structure secured in the ground that is wholly independent of any building, fence, vehicle, or object other than the sign structure for support.

Hanging sign means a sign that hangs down and is supported by or attached to the underside of a canopy, awning, marquee, or extension of a structure.

Height of sign means the vertical distance measured from the nearest crown of the adjacent road to the top of the sign face or sign structure, whichever is greater.

Incidental sign means a sign, generally informational, that has a purpose secondary to the use of the site on which is it located, such as parking, entrance, loading only, and similar information and directives.

Marquee means a covered structure projecting from, and supported by the building with independent roof and drainage provisions, and which is erected over a doorway or entranceway as protection against the weather.

Monument sign means a freestanding, self-supported structure not attached or affixed in any way to a building or any other primary structure, and with concealed means of support that is ground mounted.

Multi-tenant center sign means any shopping center, office center or business center in which two or more occupancies abut each other or share common parking facilities or driveways or are otherwise related.

Multifamily office sign means a sign identifying the location of the management office of a multifamily residential property.

Noncommercial sign means a sign that does not contain copy that advertises the availability of any merchandise, service, institution, residential area, entertainment, or activity. This includes any sign relating to political speech except election signs.

Obsolete sign means a sign for a business or purpose that no longer exists.

Off-premises sign means a sign that directs attention to a commercial business, commodity, service, product, or activity not conducted, sold, offered, or available on the premises where such sign is located, the copy of which may be intended to be changed periodically. An off-premises sign is the principal use of the property on which it is located. It may also be referred to as a "billboard." This definition includes a sign displayed on a trailer or the bed of a truck that advertises something other than the identity of the truck, the driver or its contents.

On-premises sign means a sign that is located on the premises of the occupant, business, or property identified on the sign. The occupant, business, or property is the principal use of the property, and the sign is an accessory use of the property on which it is located.

Painted sign means a sign painted directly on any exterior portion of a structure.

Point of sale sign means any sign advertising or designating the use, occupant of the premises, or merchandise or products sold on the premises.

Pole sign means a sign erected upon a pole, poles, post, or "pole-like" structure that is visible and wholly independent of any building or structure for support.

Portable sign means any sign not attached to or painted on a building and not affixed or permanently attached to the ground.

Projected sign means any image projected onto any surface or into the sky for the purpose of drawing the attention of the public or identifying an establishment, product or service.

Projecting sign means any sign which is an independent structure, which is attached to the building wall, and which extends at any angle from the face of the wall.

Real estate for sale sign means a sign erected by the owner or his agent advertising the real property upon which the sign is located for sale.

Real estate leasing sign means a sign erected by the owner or his agent advertising the premises or real property upon which the sign is located for rent or lease.

Reverse channel letter sign means opaque individual letter, numbers or logos that are mounted directly on the wall with lighting within the letter, number or logo so that they reflect off of the wall (i.e., reverse lighting.)

Roof sign means a sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof in any way.

Snipe sign means a sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or other objects.

Special event sign means a temporary or banner sign that carries a message regarding a special event or activity for which a special event permit or seasonal sales permit is required and has been obtained.

Structure (sign) means a supporting structure erected or intended for the purpose of identification, with or without a sign thereon, situated upon or attached to the premises, upon which any sign may be fastened, affixed, displayed, or applied; however, this definition shall not include a building or fence.

Suspended signs means a sign that is suspended from the underside of a horizontal plane surface and supported by same surface.

Temporary sign means any sign to be displayed for a limited period of time.

V-shaped point of sale sign means a point of sale sign with two sign faces, which is constructed of solid materials in the form of a "V."

Vehicle sign means any sign attached, either permanently or temporarily, to any type of vehicle.

Wall sign means any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building.

Window sign means a sign located on the inside of a window or within a building or other enclosed structure, where the sign face is visible and legible from the exterior through a window or other opening.

Yard sale signs means signs advertising yard or garage sales.

Single-family means a building designed exclusively for occupancy by one family with cooking and sleeping areas.

Single-use development means a tract of land, building, or project area developed with one primary use category, such as residential; commercial and retail; office; institutional; or public.

Site means a parcel of land which is to be developed as a single unit, subdivision, or project.

Site plan means a document or group of documents containing sketches, text, drawings, maps, photographs, and other material intended to present and explain certain elements of a proposed development, including physical design, siting of buildings and structures, lighting, signs, interior vehicular and pedestrian access, the provision of improvements, landscaping and open space and the interrelationship of these elements.

Solar reflective index (SRI) means a measure of a material's ability to reject solar heat, as shown by a small temperature rise. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is 100.

Special event means circuses, fairs, carnivals, festivals, or other types of events that:

(1)

Run for one day or longer;

(2)

Are intended to or likely to attract substantial crowds; and

(3)

Are unlike the customary or usual activities generally associated with the property where the special event is to be located.

Specified anatomical areas is defined as:

(1)

Less than completely and opaquely covered:

a.

Human genitals and pubic region;

b.

Cleavage of the human buttocks; or

c.

That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola, including the areola; this definition shall include the entire lower portion of the human female breast, but shall not include a portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed; and

(2)

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

Specified sexual activities shall be defined as:

(1)

Human genitals in a state of sexual stimulation, arousal, or tumescence;

(2)

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse or sodomy;

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast; or

(4)

Excretory functions as part of or in connection with the activities set forth in subsections (1) through (3) of this definition.

Start of construction, for other than new construction or substantial improvements under the Coastal Barrier Resources Act P. L. 97-348, 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 building (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 placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; 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 building. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over five feet above the average level of the finished ground surface adjoining the exterior walls of such building, or if it is occupied for business or dwelling purposes.

Street means a public or private right-of-way used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform. The dedication of half-streets at the perimeter of a new subdivision is prohibited. If circumstances render this impracticable, adequate provision for the dedication on the remaining half shall be required.

Structural alterations means any change, except for repair, or replacement of the structural members of a building, including, but not limited to, bearing walls, column, beams or girders, but where no additional facilities of floor space are added thereto.

Structure means:

(1)

Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It 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.

(2)

For floodplain management purposes, a walled and roofed building, including gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Subdivision means the division of any tract or parcel of land into three or more parcels.

Substantial damage means damage of any origin sustained by a structure during a five-year period whereby the cumulative cost of restoring the structure to its before damaged condition would equal or exceed 44 percent of the market value of the structure before the damage occurred. The term "substantial damage" also includes repetitive loss structures. See the definition of the term "substantial improvement" for an explanation of the procedure to be utilized for the purpose of calculating substantial damage.

Substantial improvement means any combination of reconstruction, rehabilitation, addition, or other improvement of a structure taking place during a five-year period, the cumulative cost of which equals or exceeds 44 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures that have incurred "repetitive loss" or "substantial damage" regardless of the actual repair work performed. The term "substantial improvement" does not, however, include any repair or improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to ensure safe living conditions. For the purposes of calculating substantial improvements and/or substantial damage, the following procedure shall be utilized:

(1)

The costs of the improvements or repairs for a project shall be obtained from one of the following sources:

a.

Detailed cost estimate of the improvements or repairs from the licensed general contractor of record.

b.

A cost estimate prepared using professional construction estimation software, such as R.S. Means or the Federal Emergency Management Agency's substantial damage estimation program, as prepared by a licensed architect or engineer.

(2)

Any one of the following sources will be considered acceptable estimates of market value:

a.

An independent appraisal by a professional appraiser licensed by the state. The appraisal must exclude the value of the land and not use the "income capitalization approach" which bases value on the use of the property, not the structure.

b.

Detailed estimates of the structure's actual cash value, which shall equal the replacement cost of the building, minus depreciation percentage based on age and condition.

c.

Property appraisals used for tax assessment purposes with an adjustment recommended by the county property appraiser to reflect market conditions (adjusted assessed value).

For structures in which the substantial improvement or substantial damage percentage is greater than or equal to 30 percent, a more precise market value estimate may be required.

Sustainable means the finite capacity of any place to support human activities, given a set of impacts that those activities have on the place. Once capacity is reached, the impacts of additional growth or activities harm the integrity of the place and impair its ability to function as intended.

T

Telecommunications. See Wireless communications.

Temporary conditional use permit means a permit that is for a special purpose, granted to a purchaser of property that is the subject of an existing special use permit, for a limited period of time and under the same conditions and restrictions set out in the original conditional use permit.

Temporary event means an event lasting not more than two consecutive weeks during one calendar year.

Through store establishment means an establishment located within a commercial center, which may share a common pathway or corridor with other similar establishments, which has its only frontage and entrance within the interior of the commercial center and not facing a public right-of-way.

Townhouse means a single-family building in a row of at least three such units in which each unit has its own front and rear yard and access to the outside; no unit is located over another unit; and each unit is separated from any other unit by one or more vertical common firewalls.

Trailer means a vehicle without motive power, designed to be towed by a passenger automobile but not designed for human occupancy and which may include a utility trailer, boat trailer, horse trailer, or snowmobile trailer.

Transit stop means a designated location that provides passengers access to the transit system and/or a point of transfer between transit routes.

Trees; large, medium and small, means tree height categories where a large tree shall grow to a minimum height of 40 feet; a medium tree to a minimum height of 30 feet; and a small tree to a minimum height of 20 feet.

U

Uplighting means fully shielded lighting that is directed in such a manner as to shine light rays above the horizontal plane.

Urban sprawl.

(1)

The term "urban sprawl" means urban development or uses which are located in predominantly rural areas, or rural areas interspersed with generally low-intensity or low-density urban uses, and which are characterized by one or more of the following conditions:

a.

The premature or poorly planned conversion of rural land to other uses;

b.

The creation of areas of urban development or uses which are not functionally related to land uses which predominate the adjacent area; or

c.

The creation of areas of urban development or uses which fail to maximize the use of existing public facilities or the use of areas within which public services are currently provided.

(2)

Urban sprawl is typically manifested in one or more of the following land use or development patterns: Leapfrog or scattered development; ribbon or strip commercial or other development; or large expanses of predominantly low-intensity, low-density, or single-use development.

V

Vacation rentals. The following definitions are applicable to section 3-179.1, "vacation rentals".

Enclosed means any space enclosed by a roof and four complete solid, floor to roof walls, which may include glass windows. Screening shall not count as a wall.

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

Vacation rental means any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests, but that is not a timeshare project.

Vacation rental agent means the owner or the person designated by the owner of the property to be called upon to answer for the maintenance of the property and for the conduct and acts of transient occupants of vacation rental properties.

Variance means a grant of relief from the requirements of this code.

Vehicle service center means a structure designed or used for the retail sale of fuels, lubricants, air, water and other operating commodities for vehicles and including customary space and facilities for the installation of such commodities on or in such vehicles, but not including major or minor service.

Violation means the failure of a structure or other development to be fully compliant with the requirements of this code.

Volatile organic compounds (VOCs) means carbon compounds that participate in atmosphere photochemical reactions (excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides and carbonates, and ammonium carbonate). The compounds vaporize at normal room temperatures.

W

Water use means a use that cannot exist in another location and is dependent on the water by reason of the intrinsic nature of its operations, such as marinas, piers, and docks.

Whip antenna means a cylindrical antenna that transmits signals in 360 degrees.

Wireless telecommunications definitions.

Alternative tower structure means a design mounting structure that camouflages or conceals the presence of an antenna or telecommunications tower, for example, flag poles, manmade trees, clock towers, bell steeples, light poles, utility poles and similar alternative designs.

Antenna means a transmitting and/or receiving device mounted on a telecommunications tower, building or structure and used in wireless telecommunications services that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals, including directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations.

Array means a group of up to 12 antennas that are either:

(1)

Mounted or side-mounted on the rooftop of a building or rooftop structure(s); or

(2)

Directly or indirectly mounted on a telecommunications tower.

Backhaul network means the lines that connect personal wireless service facilities to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Broadcasting facility means any telecommunications tower or antenna built primarily for the purpose of broadcasting AM, FM or television signals.

Camouflaged facility means a facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure in a manner that makes it not readily identifiable as a wireless communications facility. A camouflaged facility may or may not have a secondary function (e.g., bell tower, spire, flag pole, etc.). The term "camouflaged facility" shall be synonymous with "stealth facility."

Collocation means the situation when a second or subsequent wireless provider uses an existing structure to locate a second or subsequent antenna. The term "collocation" includes the ground, platform, or roof installation of equipment enclosures, cabinets, or buildings, and cables, brackets, and other equipment associated with the location and operation of the antennas.

Commercial mobile radio services means, per section 704 of the Telecommunications Act of 1996, any of several technologies using radio signals at various frequencies to send and receive voice, data and video.

Equipment facility means a room, cabinet, shelter, pedestal, build-out of an existing structure, building, or similar structure used to house ancillary equipment for a telecommunications tower or antenna. Each such cabinet, shelter, or building shall be considered a separate equipment facility.

Existing structure means, for the purposes of wireless telecommunications, a structure that exists at the time an application for permission to place an antenna on a structure is filed with the town. The term "existing structure" includes any structure that can structurally support the attachment of an antenna in compliance with applicable codes.

Guyed tower means a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.

Lattice tower means a telecommunications tower that is constructed to be self-supporting by lattice type supports and without the use of guy wires or other supports.

Microcell facility means a telecommunications facility consisting of an antenna and related equipment which is located either on a telecommunications tower or affixed to a structure in some fashion for the provision of wireless services.

Microwave dish antenna means a dish-like antenna used to link telecommunications sites together by wireless transmission and/or receipt of voice or data.

Monopole tower means a telecommunications tower consisting of a single pole or spire self-supported on a permanent foundation, constructed without guy wires, ground anchors, or other supports.

Personal wireless services means commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services, as defined under federal law, 47 USC 332(c)(7)(C), or as this definition may be amended from time to time, and includes, but is not limited to, cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, and paging service. Personal wireless services shall not be considered as essential services, public safety telecommunications, public utilities or private utilities.

Pre-existing telecommunications tower means a telecommunications tower for which a building permit has been properly issued prior to the effective date of this code, including permitted telecommunications towers that have not yet been constructed so long as such approval is current and not expired.

Preferred zoning districts means the zoning districts within this code in which the town provides a preference for the installation of wireless communications facilities.

Public safety telecommunications means any and all wireless communications to and from police, fire, and other emergency services operating within the town.

Search area means the geographic area in which a wireless communications facility must be located in order to provide FCC required coverage, as certified through an affidavit by a radio frequency engineer as to radio frequency waves or other such appropriate technical expert.

Self-support tower. SeeLattice towers.

Service provider means any person or business entity wishing to locate a telecommunications tower or antenna within the town limits to provide personal wireless services.

State of the art means existing technology where the level of facilities, technical performance, capacity, equipment, components and personal wireless service is equal to that developed and demonstrated to be as technologically advanced and generally available for comparable service areas in South Florida.

Stealth facility ortower orstealth means any wireless communications facility or tower that is designed to blend into the surrounding environment. Examples of such facilities would include, but are not limited to, architecturally screened roof mounted antenna, building-mounted antenna painted to match the existing structure, antenna integrated into architectural elements, alternative tower structures or other similar structures.

Telecommunications Act means the Telecommunications Act of 1996, Pub. L No. 104-104, codified at 47 USC, and as may be amended from time to time.

Telecommunications services means the offering of telecommunication (or the transmission, between or among points, specified by the user of information of the user's choosing, without change in the form or content of the information as sent and received) for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Personal wireless telecommunications services shall not be considered as essential services, public utilities or private utilities.

Telecommunications tower ortower means any structure, and support thereto, designed and constructed primarily for the purpose of supporting one or more antennas intended for transmitting or receiving personal wireless services, telephone, radio and similar communication purposes, including alternative tower structure, lattice, stealth, monopole, and guyed towers. The term "telecommunications tower" or "tower" includes radio and television transmission telecommunications towers, microwave telecommunications towers, common-carrier telecommunications towers, and cellular telephone telecommunications towers, among others. Poles are only a support structure and are not a telecommunications tower.

Wireless communications facility means any equipment or facility used to provide personal wireless service and may include, but is not limited to, antennas, towers, equipment facility, cabling, antenna brackets, and other such equipment. Placing a wireless communications facility on an existing structure does not cause the existing structure to become a wireless communications facility. The term "wireless communications facility" also means personal wireless services facilities, as defined under federal law, 47 USC 332(c)(7)(C), as this definition may be amended from time to time, and includes, but is not limited to, antennas and radio-transmitting telecommunications towers, and associated facilities used to transmit telecommunications signals. Poles are only a support structure and are not a wireless communications facility. An open video system is not a wireless communications facility to the extent that it provides video services; a cable system is not a wireless communications facility to the extent that it provides cable service.

Y

Yard means any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings, or such projections as are expressly permitted in these land use regulations. The minimum depth or width of a yard shall be measured by the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.

Yard, front, means a yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth. Front yard depth shall be measured at right angles to the front line of the lot.

Yard, interior side, means a yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot.

Yard, rear, means a yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot.

Yard, side street, means the area extending between the front yard and the rear yard or rear street yard and situated between the side street lot line and the face of the principal building which is parallel to, or most nearly parallel to, the side street lot line.

Z

Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

Zoning code means an ordinance enacted by the town council pursuant to state law that sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the growth management plan of the town, which includes a zoning map, and complies with the provisions of the state.

Zoning district means any district delineated on the official zoning district map under the terms and provisions of this code, which may be amended from time to time, for which regulations governing the area, height, use of buildings, or use of land, and other regulations relating to development or maintenance of existing uses or structures, are uniform.

Zoning map means the map and any amendments thereto designating the zoning districts, incorporated into this code by reference.

Zoning permit means a document signed by the zoning officer, as required in this chapter, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, which document acknowledges that such use, structure, or building complies with the provisions of this chapter or an authorized variance therefrom.

(Ord. No. 12-03, § 2(3-251), 6-20-2012; Ord. No. 13-12, § 2(3-251), 11-20-2013; Ord. No. 16-03, § 2(3-251), 4-20-2016; Ord. No. 18-01, § 5, 3-21-2018; Ord. No. 19-03, § 7, 3-20-2019; Ord. No. 19-04, § 2, 3-20-2019; Ord. No. 20-04, § 2(Exh. A), 6-17-2020; Ord. No. 22-01, § 2, 2-16-2022; Ord. No. 23-06, § 2, 11-15-2023)