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Dade City City Zoning Code

ARTICLE 9

- DEFINITIONS

SECTION 9.1 - RULES OF INTERPRETATION

The following rules shall apply for construing or interpreting the terms and provisions of these LDRs.


SECTION 9.2 - DEFINITIONS

ABANDONED WELL

A well which is no longer in use for its intended purposes, and for which there is no planned future use.

ABUTTING OR ADJACENT PROPERTY

Abutting or adjacent property means property that is immediately adjacent to the property being considered under these LDRs.

ACCESS

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

ACCESSORY STRUCTURE

A structure that is subordinate in use and square footage to a principal structure or permitted use.

ADDITION TO AN EXISTING BUILDING

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

ADMINISTRATIVE ADJUSTMENT

A permit reviewed and approved, approved with conditions, or denied by the Development Review Committee in accordance with Section 2.4.6, Administrative Adjustment.

ADULT DAY CARE CENTER

A licensed facility, whether operated for profit or not, which is provided through its ownership or management, for a part of the day only, providing basic care services to three (3) or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and require such services (see Florida Statutes Chapter 400).

ADVERSE EFFECT

A negative consequence for the physical, social, or economic environment resulting from an action or project.

ADVERTISER

Any person who is a lessee or owner of a sign, an agent of same, or anyone who has beneficial use of a sign.

AFFECTED PARTY

For the purposes of Section 2.2.9 (A)(8), Notify Affected Parties Where They May Be Heard, any person who will suffer an adverse effect to a property interest from the proposed application for development permit, including interests related to health and safety, densities and intensities, traffic congestion, environmental impacts, aesthetic impacts, and similar effects. Any person who has land adjacent to the land subject to the application for development permit is an affected party.

AFFORDABLE HOUSING

Housing that is available at a total cost (including monthly rents or mortgages, taxes, insurance, and utilities) that does not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for low income households or very low income households for the Tampa Bay MSA.

AGGRIEVED OR ADVERSELY AFFECTED PERSON

Any person (including an owner, developer, or applicant for a development order) who will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including interests related to health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, and environmental or natural resources. The alleged adverse interest may be shared in common with other members of the community at large but must exceed in degree the general interest in community good shared by all persons.

AGRICULTURAL PROCESSING

Processing operations for agricultural products raised on the premises or locally only, including meat preparation; feed mills; dairy processing; timber processing; and fruit and vegetable packing, sorting and grading, as an accessory use to an agriculture, horticulture, or animal husbandry use.

AGRICULTURAL RESEARCH FACILITY

A facility for the investigation, testing, and demonstration of agricultural products and processes, including biotechnical agriculture, veterinary, soil, plant, and animal sciences.

AGRICULTURE, GENERAL USE CATEGORY

Uses characterized by general active and on-going agricultural activities, including agronomy, aquaculture, biotechnical agriculture (including education parks for biotechnical agriculture or a demonstration farm), forestry, fisheries, apiculture, silviculture (including the harvesting of timber), and similar uses. Agriculture does not include a grocery store or the retail or wholesale sale of products remotely related to the production of agricultural products. Agriculture does not include preparatory functions such as grading or creation of planting beds through stockpiling of dirt or other means when such preparations do not result in an active and on-going agricultural activity within 30 days. Accessory uses may include offices, storage areas and repair facilities related to agriculture uses. See also Section 4.2.4(A), Agriculture.

AGRICULTURE SUPPORT AND SERVICES (DIRECTLY-RELATED)

See Section 4.2.4(D).

AGRICULTURE SUPPORT AND SERVICES (NOT DIRECTLY-RELATED)

See Section 4.2.4(E).

AGRI-EDUCATION

A facility for the investigation, testing, or demonstration of, or for training or educating persons in, products and processes related to agriculture, horticulture, or animal husbandry, including biotechnical agriculture, veterinary, soil, plant, and animal sciences.

AGRI-ENTERTAINMENT

Events and activities such as corn mazes, hay rides and petting zoos that allow for recreation, entertainment and tourism in conjunction with agriculture support (directly-related).

AIRPLANE LANDING STRIP

Any area designed and used for the takeoff and landing of small private aircraft, having no more than one (1) air strip.

AIRPORT

Any area of land or water designed and set aside for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

ALLEY (OR SERVICE DRIVE)

A public or private right-of-way or easement which affords only a secondary means of access to property abutting thereon.

ALTER OR ALTERATION OF A STORMWATER MANAGEMENT SYSTEM

For the purposes of Section 6.7.3: Stormwater Management Standards, work done other than that necessary to maintain the system's original design and function.

AMENDED CERTIFICATE OF CONCURRENCY COMPLIANCE

A Certificate of Concurrency Compliance obtained from the Development Review Committee due to changes in a proposed development's timing, density, or intensity in accordance with Section 2.4.11, Certificate of Concurrency Compliance of these LDRs.

AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)

The private, non-profit organization that administers and coordinates the standardization and conformity assessment system. ANSI references relate to the American National Standard for Tree Care Operations, Trees, Shrubs, and Other Woody Plant Maintenance Standard Practices (ANSI A300-2001, as amended).

AMPHITHEATER

A building or structure designed or intended for use for spectator sports, entertainment events, expositions, and other public gatherings. Such uses may or may not include lighting facilities for illuminating the field or stage area, concessions, parking facilities, and maintenance areas.

ANIMAL CARE BUSINESS

An enterprise that provides care and services for livestock or other farm animals, such as animal grooming or training, but which is not a kennel, a veterinary service, or an animal hospital.

ANIMAL FEEDLOT

A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure.

ANIMAL GROOMING

Any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged.

ANIMAL HOSPITAL

A place for the medical care of animals; a veterinary hospital. The boarding of animals at an animal hospital is limited to that incidental to the hospital use.

ANIMAL HUSBANDRY, GENERAL USE CATEGORY

The active and on-going propagation, rearing, exercising, feeding, milking, housing, controlling, handling, or general care of living animals, including the raising and production of cattle (beef and dairy), pigs, mules, ducks, emus, horses, goats, llama, poultry, sheep, and similar animal husbandry uses. See also Section 4.2.4(B), Animal Husbandry.

ANIMAL SALES, SERVICES, AND CARE

See Section 4.2.4(F), Animal Sales, Services and Care.

ANIMAL SHELTER

A facility used to house and care for stray, homeless, abandoned, or neglected animals and that is owned, operated, or maintained by a public body, an established humane society, or other private or nonprofit organization.

ANNUAL CONCURRENCY STATUS REPORT

The report issued once each year as a supplement to the Monthly Development Report that assesses the impacts of the approved development listed in the Monthly Development Report upon the adopted level of service standards for those public facilities subject to concurrency in accordance with Section 2.4.11(M), Monitoring and Management.

ANTENNA

See definition of Wireless Telecommunication Antenna.

APPEAL

A request for a review of the city building official's interpretation of any provision of this chapter or a request for a variance.

APPELLANT

One who files an appeal.

AQUIFER OR AQUIFER SYSTEM

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

ARBORETUM

A place where trees, shrubs, or other woody plants are grown, exhibited or labeled for scientific, educational, or passive recreational purposes, not including the harvest of plants or their produce.

ARCADE

An area contiguous to a street or public plaza that is accessible to the public at all times, and that provides covered or semi-covered pedestrian ways, visibility to storefronts, landscaping, and other pedestrian features such as seating.

ARCHERY RANGE

An outdoor facility that may include buildings or structures used for target practice with bows and arrows.

AREA OF SHALLOW FLOODING

A designated A Zone on a FEMA FIRM, with base flood depths from one (1) to three (3) feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD

The area so designated on the Federal Emergency Management Agency Official Flood Insurance Rate, and subject to a one percent or greater chance of flooding in any given year.

ARTERIAL, ARTERIAL ROAD, ARTERIAL ROADWAY

An arterial, arterial road or an arterial roadway shall mean those roadways classified as arterial roadways on the future traffic circulation map series or pursuant to the functional classification or reclassification procedures and criteria established pursuant to the City comprehensive plan.

ASSISTED LIVING FACILITY

A building, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, health care assistance, and one (1) or more personal services for a period exceeding 24 hours to one (1) or more adults who are not relatives of the owner or administrator (see Florida Statutes, Chapter 400). Accessory uses may include dining rooms and infirmary facilities for intermediate or skilled nursing care solely for the use of the occupants residing in the principal facility. Assisted living facility includes nursing homes and convalescent homes.

AUCTION ARENA FOR LIVESTOCK

A place where livestock or farm equipment is offered by a broker or auctioneer for sale to persons who bid on the items in competition with each other at scheduled sales periods or events.

AUCTION HOUSE

A place where the property of others, such as objects of art, furniture, and other goods (except livestock), are offered by a broker or auctioneer for sale to persons who bid on the items in competition with each other at scheduled sales periods or events.

AUDITORIUM

A building or structure designed or intended for use for spectator sports, entertainment events, expositions, and other public gatherings.

AUTHORIZED AGENT

A person with express written consent to act upon a landowner's behalf.

AUTO SERVICE STATION

General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, not including bodywork, framework, welding, and major painting service.

AUTO SERVICE STATION AND WASH AND DETAIL

General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, not including bodywork, framework, welding, major painting service, and car wash and detailing services.

AUTOMOBILE

This term includes automobiles and light trucks. "Light truck" means a motorized vehicle with a manufacturer-defined "curb weight" (fully fueled vehicle weight with no passengers or cargo) of three tons (6,000 pounds) or less.

AUTOMOBILE BODY SHOP

Repair of automobiles, vehicles, or trailers, including body work, framework, welding, and major painting service.

AUTOMOBILE PARTS SALES

Premises which is used for the display and sale of new or used parts for automobiles, light trucks, vans, trailers, or recreation vehicles.

AUTOMOBILE RENTAL AND SALES

Premises on which new or used passenger automobiles, trailers, or light trucks in operating condition are displayed for sale, lease, or rental.

AUTOMOBILE REPAIR AND SERVICING

General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, not including body work, framework, welding, and major painting service.

AUTOMOBILE WRECKING (AUTOMOBILE WRECKING YARD)

The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

AXIS

The centerline of a structure which divides the structure into two halves.

BACK PRESSURE

Backflow caused when upstream water beyond the service connection exceeds present water pressure within the distribution system.

BACK-SIPHONAGE

Backflow caused by negative pressure in the water distribution system.

BACKFLOW

Flow of water or other liquid into the potable water distribution system from an unintended source.

BACKFLOW PREVENTION ASSEMBLY

A mechanical device designed to allow water to flow in only one direction.

BACKHAUL NETWORK

For the purposes of Section 4.2.3(I)(1), Characteristics, the lines that connect a provider's towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

BAR, NIGHTCLUB, OR COCKTAIL LOUNGE

An establishment having as its principal or predominant use the serving of beer, wine, or liquor for consumption on the premises. Sandwiches, light meals, snacks, and/or full-service meals are available for consumption on the premises but are not the principal or predominant use of the establishment.

BASE FLOOD

The Base Flood is the flood prone area having a one (1) percent chance of being equaled or exceeded in any given year.

BASIN, CLOSED

Watershed in which the run-off does not have a surface outfall up to and including the 100 year, 10 day flood level or an open basin with a severe discharge restriction as determined by the City Commission at a public hearing.

BASIN, DRAINAGE (OR SUB-BASIN)

Area that contributes stormwater run-off to a common low area or common discharge point.

BASIN, OPEN

Watershed that is not closed.

BEACON LIGHT

Any light source, whether fixed or activated, which is designed to attract attention to a specific location, place or thing.

BED AND BREAKFAST

A private residence, generally a single-family dwelling, in which guest rooms are made available to transient visitors. The establishment shall not contain restaurant facilities, but may provide breakfast service for guests only.

BED AND BREAKFAST INN

A use that provides guest rooms in an operator- or owner-occupied residential unit that is primarily used for inn activities. Bed and breakfast inns are operated as a commercial enterprise. They may provide meals for guests and the general public. Accommodations for overnight stays are limited to 10 guestrooms.

BERM

An elongated earthen mound typically designed or constructed on a site to separate, screen, or buffer adjacent land uses.

BILLBOARD

See Outdoor Advertising Sign.

BLOCK

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

BLOOD COLLECTION FACILITIES

A facility where blood or related materials are either withdrawn or collected from patients or assembled after being withdrawn or collected elsewhere from patients for subsequent delivery to a clinical laboratory for examination. A collection station is a facility which is maintained at a separate physical location not on the grounds or premises of the main licensed laboratory or institution which performs the testing.

BOARD OF ADJUSTMENT

The Board of Adjustment, as herein provided for within these LDRs.

BOARDING OR ROOMING HOUSE

Any dwelling in which more than four persons either individually or as families are housed or lodged for hire with or without meals.

BOAT AND MARINE RENTAL AND SALES

Premises on which new or used boats and other marine vessels are displayed for sale, lease, or rental.

BOLLARD

One of a series of posts preventing vehicles from entering an area.

BOTANICAL GARDEN

A garden having documented collections of living plants for the purposes of scientific research, conservation, display, or education.

BREAKAWAY WALL

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

BROKER IDENTIFICATION STRIP

A strip of wood or like material or paper affixed to, around or upon a real estate sign to indicate the name of the broker advertising the sale of property.

BUFFER

A strip of land with natural or planted vegetation located between a structure and a side or rear property line intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. A buffer area may include any required screening for the site.

BUILD-TO LINE

An alignment which is established a certain distance from the front property line, front building line, or lot frontage to a line on an individual property along which the front building façade edge shall be built.

BUILDABLE AREA

The portion of the lot remaining after required yards have been provided.

BUILDING

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

BUILDING AREA

The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on the lot.

BUILDING FOOTPRINT

The area of a lot or a site included within the surrounding exterior walls of a building or portion of a building, exclusive of courtyards.

BUILDING FRONT YARD SETBACK LINE

See Section 5.2.2(A)(2).

BUILDING FRONTAGE

The linear length of a building facing a public street right-of-way, exclusive of alleys; or the linear length of the street right-of-way that faces the building, whichever is smaller.

BUILDING, HEIGHT OF

The vertical distance measured from the mean finished grade to the ceiling height of the top story of the highest portion of the building intended for human occupancy.

BUILDING LINE

See Section 5.2.2(A)(1).

BUILDING SETBACK LINE

A line within a lot or other parcel of land so designated on the preliminary plat, between which line and the adjacent boundary of the street upon which the lot abuts, the erection of a building is prohibited as prescribed by the Zoning Ordinance.

CALIPER

A horticultural method of measuring the diameter of a tree trunk for the purpose of determining size. The caliper of the trunk is measured six (6) inches above the ground for trees up to and including four (4) inches in diameter, 12 inches above the ground for trees greater than four (4) inches up to 12 inches in diameter, and at breast height (4.5 feet) for trees greater than 12 inches in diameter.

CANOPY

(1)

The upper portion of a tree consisting of limbs, branches, and leaves.

(2)

With reference to structures, a roof-like cover, including an awning, that projects from the wall of a building over a door, entrance, or window; or a freestanding or projecting cover above an outdoor service area, such as at a gasoline service station.

CAPITAL IMPROVEMENTS

Capital improvements means physical assets constructed or purchased to provide, improve, or replace a public facility and which are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multi-year financing. Physical assets which have been identified as existing or projected needs in the Comprehensive Plan shall be considered capital improvements.

CAPITAL IMPROVEMENTS ELEMENT (CIE)

The capital improvements element in the comprehensive plan, or its most recent amendment.

CAPITAL IMPROVEMENTS PROGRAM (CIP)

The list of capital projects updated annually and adopted in the capital improvement element by the City Commission that is used to identify capital improvements that will contribute to the maintenance of level of service standards adopted in the capital improvements element for each public facility.

CAR WASH AND AUTO DETAIL

An establishment providing the exterior washing of vehicles where vehicles are manually driven or pulled by a conveyor through a system of rollers and/or brushes. Interior cleaning and/or drying may be conducted manually by vehicle operator or on-site attendants. Automatic car wash establishments are further defined under the two (2) following categories:

(1)

Full-service: An establishment featuring a conveyor system to move vehicles through the wash cycle. This type of car wash may include sales of gasoline, oil and other vehicle related merchandise. On-site attendants are required. Building size is limited by lot size, parking requirements, building and landscape setbacks or other site characteristics.

(2)

Self-service: An establishment featuring a car wash system where vehicles are manually driven through a wash cycle, or washed manually using a wand or other hose. Incidental interior cleaning and exterior drying are performed by vehicle operator. This type of car wash does not have an on-site attendant and there is no gasoline, oil, or other merchandise for sale.

CARRIER

For the purposes of Section 4.2.3, a company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless also licensed by the FCC to provide personal wireless services.

CEMETERY, COLUMBARIUM, MAUSOLEUM

Uses intended for the burial of the dead and dedicated for cemetery purposes. This Use Type may include a funeral home or mortuary or a mausoleum or columbarium (a structure or vault lined with recesses for cinerary urns), but does not include a crematory.

CENTRAL FARM DISTRIBUTION HUB FOR AGRICULTURAL PRODUCTS

A place where farmers can deliver agricultural products for pick-up by consumers or wholesalers, but not including a central place operated by a farm co-op where farmers can deliver products for pick-up by consumers (see "Farm Co-op"). Central farm product distribution hub does not include such uses as a trucking operation, stockyard, auction house, slaughterhouse, or other processing facility.

CERTIFICATE OF CONCURRENCY COMPLIANCE

A permit reviewed and approved, approved with conditions, or denied by the Development Review Committee in accordance with Section 2.4.11, Certificate of Concurrency Compliance.

CERTIFICATE OF LDR COMPLIANCE

A permit reviewed and approved, approved with conditions, or denied by the Development Review Committee in accordance with Section 2.4.12, Certificate of LDR Compliance.

CHILD DAY CARE CENTER

A facility licensed by Pasco County to provide day-care and/or educational services for six (6) or more children under the age of five (5), other than members of the family. The term includes day nurseries, kindergartens, day-care services, nursery school, or pre-school.

CIRCUMFERENCE

The distance around the trunk surface of a tree.

CITY

The City of Dade City, Florida.

CITY COMMISSION

The City Commission of Dade City, Florida.

CLEAR TRUNK

The distance between the top of the root ball along the vertical trunk or trunks of a tree to the point at which lateral branching or fronds begin.

CLEAR WOOD ("GRAY WOOD")

The portion of the palm trunk which is mature hardwood measured from the top of the root ball to the base of green terminal growth or fronds.

CLERK

Clerk of the Board of County Commissioners or Clerk of the Circuit Court of Pasco County, Florida.

CLINIC, MEDICAL OR DENTAL

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

CO-HOUSING

A residential arrangement on the site of an active agriculture, horticulture or animal husbandry operation consisting of more than one (1) individually owned dwelling unit and extensive common facilities, such as a large dining room, kitchen, lounges, meeting rooms, recreation areas, library, workshops, childcare, laundry, greenhouse, or other facilities for use by the organized group of residents living in the co-housing who participate in the planning, design, ongoing management and maintenance of the residential arrangement and in the routine activities of household living.

COLD STORAGE PLANT

A building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of freezing food products or storing frozen food products.

COLLECTOR, COLLECTOR ROAD OR COLLECTOR ROADWAY

A collector, collector road or collector roadway shall mean those roadways classified as collector roadways on the future traffic circulation map series or pursuant to the functional classification or reclassification procedures and criteria established pursuant to the City comprehensive plan.

COLLEGE OR UNIVERSITY

An institution other than a business/vocational school that provides full-time or part-time education beyond high school.

COMBINED WATER SYSTEM

System which provides both drinking water and water for fire protection.

COMMEMORATIVE DECORATION

An embellishment placed to honor a certain event, person or place.

COMMENCEMENT OF CONSTRUCTION

Issuance of a Building Permit and commencement of infrastructure or building construction activities.

COMMERCIAL

Engaging in a business, enterprise, activity, or other undertaking for profit.

COMMERCIAL DISTRICT

A commercial district is any parcel or parcels of land or water zoned CN, CG, CBD, CH, IH, ILW, or any areas designated and used for commercial purposes within a RIO or PUD/MPUD District as defined by these LDR's.

COMMERCIAL MESSAGE

A sign, wording, logo, or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service, or other commercial activity.

COMMERCIAL NURSERY OR TREE FARM

A licensed plant or tree farm which plants, grows and cultivates plants or trees for the sale or intended sale of such plants and trees to the general public in the ordinary course of the licensee's business.

COMMERCIAL RECREATION, INDOOR

A private indoor (entirely within enclosed structure) use providing for sport and recreation activities, which are operated or carried on primarily for financial gain. Examples of indoor commercial recreation uses include, but are not limited to, fitness centers, yoga studios, Pilates studios, bowling alleys, dancehalls, skating rinks, indoor commercial swimming pools, and racquet and tennis club facilities (indoor).

COMMERCIAL RECREATION, OUTDOOR

A private outdoor use providing facilities for sport activities, which is operated or carried on primarily for financial gain, outdoors. Examples of outdoor commercial recreation uses include, but are not limited to, privately owned golf driving ranges, miniature golf facilities, outdoor commercial tourist attractions, and privately owned active sports facilities such as ballfields and basketball courts, and racquet and tennis club facilities (outdoor).

COMMUNITY CENTER

A building to be used as a place of meeting, recreation, or social activity and not operated for profit.

COMMUNITY GARDEN

A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one (1) person.

COMMUNITY RESIDENTIAL HOME (6 OR FEWER RESIDENTS)

A dwelling unit licensed to serve clients of the Florida Department of Children and Family Services, which provides a living environment for six (6) or fewer 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.

COMMUNITY RESIDENTIAL HOME (7 TO 14 RESIDENTS)

A dwelling unit licensed to serve clients of the Florida Department of Children and Family Services, which provides a living environment for seven (7) to fourteen (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.

COMMUNITY SERVICE

See Section 4.2.3(A).

COMPLETELY ENCLOSED BUILDING

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

COMPOST

Solid waste which has undergone biological decomposition of organic matter, and has been disinfected using composting or similar technologies, and has been stabilized to a degree which is potentially beneficial to plant growth and which is used or sold for use as a soil amendment, artificial top soil, growing medium amendment, or other similar uses.

COMPOSTING

The process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner. The presence of anaerobic zones within the composting material will not cause the process to be classified as other than composting.

COMPOSTING FACILITY

A solid waste management facility where solid waste is processed using composting technology. Processing may include physical turning, windrowing, aeration or other mechanical handling of organic matter.

COMPREHENSIVE PLAN

The Comprehensive Plan adopted by the City Commission in accordance with the "Local Government Comprehensive Planning and Land Development Regulation Act" (Chapter 163.3161 through 163.3215, Florida Statutes, as amended) and Chapter 9J-5, Florida Administrative Code, as amended, and found to be "in compliance."

CONCURRENCY MANAGEMENT SYSTEM

The procedures and/or process that the City will utilize to assure that development orders and permits are not issued unless facilities will be available concurrent with the impacts of development.

CONCURRENT

That the public facilities necessary to maintain the level of service standards adopted in the Comprehensive Plan and these LDRs will be available when the impacts of development occur on the public facilities affected by the development.

CONDITIONAL USE PERMIT

A permit reviewed and approved, approved with conditions, or denied by the Board of Adjustment in accordance with Section 2.4.4, Conditional Use Permit; or a permit reviewed and approved, approved with conditions, or denied by the Development Review Committee in accordance with Section 2.4.16, Special Permits.

CONE OF INFLUENCE

For the purposes of Section 6.7.8, Potable Water Wellfield Protection Standards, an area around one (1) or more major water wells, the boundary of which is based on groundwater travel or drawdown depth.

CONFERENCE AND TRAINING CENTERS

See Section 4.2.5(B), Conference and Training Centers.

CONFERENCE CENTER

A facility designed to accommodate less than 500 persons and used for conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption.

CONFINED AQUIFER

An aquifer bounded above and below by impermeable layers (confining units) and in which the potentiometric surface exceeds the elevation of the top of the unit.

CONNECTIVITY

The relative degree of connection between streets, sidewalks, or other means of travel.

CONSERVATION AREA

The portion of a Conservation Subdivision that is designated for permanent protection. The conservation area is typically composed of primary conservation areas, secondary conservation areas, and any additional open space set-asides.

CONSERVATION EASEMENT

A non-possessory interest in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open space values of real property; assuring its availability for agricultural, forest, recreational, or open space use; protecting natural resources; or maintaining air or water quality.

CONSERVATION SUBDIVISION

A subdivision of land for single-family residential dwelling units that reduces the lot area of individual lots in favor of a larger unified open space set-aside area that is owned in common and located to preserve environmental, agricultural, or other sensitive resources found on the site.

CONSTRUCTION, ACTUAL

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

CONSTRUCTION PLANS

Plans prepared as part of the subdivision plat approval process which depict the location of lots and public facilities, in accordance with Section 2.4.7, Subdivision.

CONTAINMENT

Physical systems or operational practices that are used to prevent the release of Regulated Substances to the environment. Physical containment systems should be capable of containing 110 percent of the volume of the largest container or storage system.

CONTAMINATION

The presence of a Regulated Substance in the water supply, surface water or on the land surface such that it degrades the quality of the resource so as to constitute a hazard and/or to impair its use.

CONTINUOUS TRANSIT

The nonstop movement of a vehicle except for stops required by traffic laws.

CONTRACTOR, BUILDING, HEATING, PLUMBING, OR ELECTRICAL

Offices for building, heating, plumbing, or electrical contractors, and related storage facilities.

CONTROLLED ACCESS, CONTROLLED ACCESS ROAD OR CONTROLLED ACCESS ROADWAY

A controlled access, controlled access road or controlled access roadway shall mean those roadways classified as freeways or controlled access on the future traffic circulation map series or designated as a controlled access roadway pursuant to this Ordinance or the City comprehensive plan

CONVENIENCE STORE

A general retail store of limited size (generally no more than 3,000 square feet in area) that sells goods and services and that may include the sale of ready-to-eat food products (not intended for on-premises consumption), a limited range of groceries, and sundries. The sales and distribution of gasoline and related products is not allowed at a convenience store.

CONVENTION CENTER

A facility designed to accommodate 500 or more persons and used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption.

CORNICE

Any horizontal member, structural or nonstructural, that projects outward from the exterior wall of a building at that building's roof line. Cornices include eaves and roof overhangs.

COUNTY

Pasco County, Florida.

COUNTY HEALTH DEPARTMENT

The Health Department of Pasco County, Florida.

CREMATORY

A facility containing furnaces for the reduction of dead bodies to ashes by fire.

CRITICAL ROOT ZONE

An underground area extending laterally in all four cardinal directions from the base of a tree's trunk to a distance typically 1½ times larger than the perimeter of the tree's dripline.

CROSS-CONNECTIONS

A connection between a potable water system and a system of unknown quality. Cross-connections are classified as either high hazard or low hazard.

CROWN COVER

The percentage of total ground area shaded by tree foliage when the sun is directly overhead.

CULTURAL FACILITY

Establishments such as museums, art galleries, botanical, and zoological gardens of an historic, educational, or cultural interest, which are not operated commercially.

CURB or CURB LINE

The inside vertical face of a masonry curb, the center line of a valley gutter, or the edge of the pavement where no curb or gutters exist.

CURB BREAK

A driveway or any other point of access or opening for vehicles onto a public street.

CUSTOM OPERATORS

An enterprise in which a contractor or other operator agrees to perform all or some machine operations, providing equipment and labor, for production and related activities on agricultural sites in exchange for a payment or a payment along with a percentage of profits. Field operations performed by a custom operator may include field preparation, planting, cultivating, harvesting, tilling, bush hogging, crop storage, hauling, and fencing.

DAY CARE

See Section 4.2.3(B), Day Care.

DAY CARE HOME (UP TO AND INCLUDING 6 PERSONS)

A dwelling in which a permanent occupant provides for the care of up to six (6) children or adults. Those receiving care are not all related to the occupant or to each other by blood or marriage and are not the legal wards or foster children of the attendant adults. Those receiving care and who are not dependents of the occupant do not reside on the site.

DE MINIMUS IMPACT

An impact of not more than ten (10) average daily trips on the affected road from an existing parcel of record, contiguous commonly-held parcels, or a development proposal unless the impact exceeds the adopted level of service of a designated hurricane evacuation route.

DEED-RESTRICTED AFFORDABLE HOUSING

Affordable housing that is subject to a deed-restriction or other covenant requiring that it be sold only to persons in households that qualify as low income or very low income households.

DENSITY, GROSS RESIDENTIAL

See Section 5.2.4(1), Density, Gross Residential.

DENSITY, NET RESIDENTIAL

See Section 5.2.4(2), Density, Net Residential.

DEPARTMENT OR DISCOUNT STORE

A business that is conducted under a single owner's name in which a variety of unrelated merchandise and services are housed and are exhibited and sold directly to the consumer for whom the goods and services are furnished.

DEVELOPER

Any person undertaking any development as defined in Chapter 163.3164 and Chapter 380.04, Florida Statutes.

DEVELOPER AGREEMENT

An agreement by a developer with the city that clearly establishes the developer's responsibility regarding project phasing, the provision of public and private facilities, and improvements and any other mutually agreed to terms and requirements.

DEVELOPMENT

Has the meaning as defined in Chapter 163.3164 and Chapter 380.04, Florida Statutes, as amended.

DEVELOPMENT AREA

As used in Section 7.9, Conservation Subdivision, the portion of land in a conservation subdivision designated for clearing, grading, ingress, egress, wells, septic systems, utilities, and other forms of development.

DEVELOPMENT, CLASS I

Includes the construction of a single-family home on an existing lot where no division of land is involved.

DEVELOPMENT, CLASS II

(1)

Professional, commercial, institutional or industrial development or redevelopment involving a building floor area of 25,000 square feet or less, where no new division of land is involved.

(2)

Multi-family development, including duplexes and triplexes, where no new division is involved.

DEVELOPMENT, CLASS III

Includes all commercial development or redevelopment involving a building floor area greater than 25,000 square feet.

DEVELOPMENT, CLASS IV

Includes the creation of any residential, commercial or industrial subdivisions, or combinations of the same.

DEVELOPMENT ORDER

Any order approving, approving with conditions, or disapproving a land development permit.

DEVELOPMENT ORDER, FINAL

For the purposes of Section 2.4.11, Certificate of Concurrency Compliance, the final approval for a Site and Construction Plan, Minor Subdivision Plat, Final Plat for Subdivision, or Final PD Plan.

DEVELOPMENT ORDER, PRELIMINARY

For the purposes of Section 2.4.11, Certificate of Concurrency Compliance, the approval for a Site-Specific Amendment to the Official Zoning Atlas, Planned Development Master Plan, Special Exception Permit, Certificate of Appropriateness, Variance Permit, Administrative Adjustment, Major Subdivision Preliminary Plats, or Special Permit.

DEVELOPMENT PERMIT

Includes any Building Permit, land development order, subdivision approval, Site-specific Amendment to the Official Zoning Atlas, Special Exception Permit, Certificate of Appropriateness, Variance Permit, Site Plan, Special Permit, Temporary Use Permit, Sign Permit, Special Event Permit, Tree Removal Permit, Certificate of Concurrency, Certificate of LDR Compliance, Mobile Home Move-On Permit, Wellfield Exemption Permit, Beneficial Use Determination, or any other official action of the City permitting the development of land.

DIAMETER AT BREAST HEIGHT (DBH)

The measurement of the diameter of a tree trunk taken at a height of 4.5 feet above the natural ground line.

DIRECT MARKET BUSINESS FOR SALE OF PRODUCTS PRODUCED ON SITE, INCLUDING BUT NOT LIMITED TO PYO (PICK-YOUR-OWN)

A commercial enterprise in which agriculture products produced on a site are marketed and sold directly to consumers without an intermediate wholesaler or distributor, other than a farm co-op organization. Direct market business may include enterprises such as PYO (pick-your-own) operations, and operations in which delivery of products is made directly to consumers, such as "farm share" arrangements under which periodic delivery of farm products is made for a subscription fee.

DISCHARGE

Includes, but is not limited to, the spilling, leaking, seeping, pouring, misapplying, emitting, emptying or dumping of any Regulated Substance which may affect the ground water.

DISTRIBUTION SYSTEM

Piping system owned and operated by the water purveyor for the purpose of providing potable water to the community.

DISTURBED LAND/GROUND

Any land where the original natural vegetation has been removed, displaced, or raked.

DORMITORY

A building used principally to provide rooms for sleeping accommodations at an educational, public, or religious institution. Common kitchen, sanitary, and social gathering rooms may also be provided.

DRAINAGE BASIN

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

DRAINAGE DETENTION STRUCTURE

A structure that collects and temporarily stores stormwater for the purpose of treatment through physical, chemical, or biological processes with subsequent gradual release of the stormwater.

DRAINAGE FACILITIES

A system of man-made structures designed to collect, convey, hold, divert or discharge stormwater, including but not limited to stormwater sewers, canals, detention structures, and retention structures.

DRAINAGE RETENTION STRUCTURE

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

DRAWDOWN

The vertical distance the ground water elevation is lowered, or the amount the pressure head is reduced, at a given location due to the withdrawal of ground water by a well or wells.

DRAWDOWN CONTOUR, ONE-FOOT

The contour line defined by a reduction in ground water elevation or pressure head of one-foot due to the withdrawal of ground water by a well or wells at their permitted pumping rate.

DRIP LINE

The ground area surrounding the trunk of a tree that is described by the vertical plane enclosing the outermost branches.

DRIVE-THROUGH OR DRIVE-IN

An establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, or obtain goods while remaining in their automobile.

DRUG AND ALCOHOL TREATMENT FACILITY

Inpatient facility which provides care for persons with drug and/or alcohol dependency problems and which may include outpatient follow-up care to the facility's patients.

DRUG STORE OR PHARMACY

An establishment that is engaged in the retail sale or compounding of prescription drugs, sales of prescription medical devices, nonprescription medicines, cosmetics, and related supplies.

DWELLING

A single unit providing complete independent living facilities, including areas for cooking and sanitation for one (1) family.

DWELLING, ACCESSORY

A second dwelling unit, either within or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the single-family detached dwelling, for use as a complete independent living unit with provision for cooking, eating, sanitation, and sleeping.

DWELLING, LIVE/WORK

A structure or portion of a structure combining a residential living space for a group of persons including not more than four (4) adults with an integrated work space principally used by one (1) or more of the residents.

DWELLING, MANUFACTURED HOME

A structure building on an integral chassis designed to be used as a dwelling unit when connected to the required utilities, fabricated in an off-site manufacturing facility after June 15, 1976 in one (1) or more sections, which includes the plumbing, heating, air conditioning, and electrical systems contained therein, with each section bearing the HUD Code Seal certifying compliance with the Federal Manufactured Home Construction and Safety Standards Act, designed to be transported for installation or assembly at the building site. Also known as a "HUD-Code Home." This definition does not include recreational vehicle, mobile home dwelling or modular home dwelling.

DWELLING, MOBILE HOME

A structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an off-site manufacturing facility before June 15, 1976, in one (1) or more sections, designed to be transported for installation or assembly at the building site. Sections do not carry the HUD Code Seal. This definition does not include recreational vehicle, manufactured home or modular home.

DWELLING, MULTIPLE-FAMILY

For the purposes of these LDRs, a multiple-family dwelling is a dwelling containing five (5) or more individual dwelling units, with the units often stacked one above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors and ceilings. Housing for the aged, which meets this definition and does not provide for routine nursing and/or medical care, shall be construed to be a multiple family dwelling.

DWELLING, SINGLE-FAMILY, ATTACHED

Two (2) or more single-family dwelling units, each with its own outside entrance, which are joined together by a common party wall or connecting permanent structures such as breezeways, carports or garages, and are on adjoining individual lots.

DWELLING, SINGLE-FAMILY, DETACHED

A residential building containing not more than one (1) dwelling unit to be occupied by one (1) family, not physically attached to any other principal structure. For regulatory purposes, this term does not include mobile homes, recreational vehicles or other forms of temporary or portable housing. Manufactured buildings constructed for use as single-family dwelling units (manufactured home dwellings) are treated similar to single-family detached dwellings.

DWELLING, TOWNHOUSE

A type of multi-family dwelling, in which five (5) or more individual dwelling units are attached by one (1) or more vertical party walls, with the habitable spaces of different dwelling units arranged on a side-by-side rather than a stacked configuration, and each individual unit being two (2) stories, or more. Each individual townhouse dwelling unit has its own front and rear access to the outside.

DWELLING, TWO- TO FOUR-FAMILY

A residential building containing two (2), three (3), or four (4) individual dwelling units located on a single lot.

DWELLING, UPPER STORY

A dwelling unit located on the second floor or higher of an office, retail, or other commercial building.

EASEMENT

A grant by the landowner to persons for the right to use an identifiable piece of land for specified purposes, such as for access or utilities.

EATING ESTABLISHMENTS

See Section 4.2.5(A), Eating Establishments.

EDUCATIONAL FACILITIES

See Section 4.2.3(C), Educational Facilities.

ELECTRIC MOTOR REPAIR

An establishment that repairs electric motors for compensation.

ELECTRONIC MESSAGE BOARD

Any sign that uses changing lights or electronic or digital display to form a changing sign message wherein the message or sequence of messages and the rate of change can be modified by electronic processes.

ELEVATED BUILDING

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

ENGINEER

A Professional Engineer registered to practice engineering by the State of Florida who is in good standing with the Florida Department of Business and Professional Regulation.

ENTERTAINMENT ESTABLISHMENT

Indoor continuous entertainment activities such as game arcades, video and pinball parlors, pool halls, indoor firing ranges, cinemas, concert halls, and theaters.

EPA

The United States Environmental Protection Agency.

EQUESTRIAN FACILITY

A commercial facility for the keeping of horses, having more than 20 horses for boarding and three (3) or more active riding instructors.

ERECT

To build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of wall signs. This term shall not apply to copy changes on existing permitted signs.

ESTABLISHMENT

Any commercial, industrial, institutional, educational, office, business, social, fraternal or financial entity.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed before the effective date of the floodplain management regulations adopted by a community before the effective date of the first floodplain management code, ordinance, or standard based upon specific technical base flood elevation data which established the area of special flood hazard or the effective date of the first floodplain management code, ordinance or standard.

FAA

The United States Federal Aviation Administration.

FAÇADE

Front of a building and/or any of its sides facing a public right-of-way whose side is predominantly visible from a public right-of-way, public park or facing an adjacent residential land use.

FAIR MARKET VALUE

The monetary price that a parcel of land, portion of land, improvement on land, or other commodity will bring in a competitive and open market under all conditions of a fair sale, the buyer and seller each prudently knowledgeable, and assuming the price is not affected by undue stimulus.

FAIRGROUNDS

A parcel or tract of land wherein buildings, structures, and land are used for county fairs, exhibitions, and shows, and can include but is not limited to agriculture related office buildings, animal shows and judging, carnivals, community meeting or recreational buildings and uses, concerts, food booths and stands, games, rides, rodeos, sales and auctions, storage, and theaters. Fairgrounds do not include racetracks or motorized contests of speed.

FAMILY

Family means any one of the following: (a) one or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, living together in a dwelling unit; or (b) a group of not more than five (5) persons not related by blood, marriage, adoption, or legal guardianship (including foster children) living together in a dwelling unit; or (c) two unrelated persons and their minor children living together in a dwelling unit.

FARM CO-OP

A facility used by an organization of farm producers for co-operative technical and marketing assistance, which may include a central market place where farmers can deliver products for pick-up by consumers, but not a wholesale distribution center.

FARM MACHINERY REPAIR

A commercial enterprise for the repair of equipment normally or routinely used on farms and gardens, and related parts, tools and accessories, but not of non-farm equipment or materials.

FARM MACHINERY SALES, RENTAL, AND SERVICE

An establishment for the sale, rental, and/or service of equipment normally or routinely used on farms and in gardens, and related parts, tools and accessories, but not non-farm equipment or materials.

FARM MARKET

A principal use which includes the sale of horticulture or agriculture products, including nursery stock, perennial, annuals, bulbs, mulch, compost, dried flowers, Christmas trees and greens, fresh produce, honey, cider, and similar agriculture products. A minimum of 25 percent of the products sold must be agricultural products produced on-site.

FARM PRODUCE STAND

A structure or land used for the sale, by the owner or the owner's family or tenant, of agriculture or horticulture produce principally produced on the farm or agriculture operation on which the farm produce stand is located. A farm produce stand may include produce grown on other farms in the vicinity and accessory products, which are clearly a secondary use of the premises and do not change the character of the farm produce stand.

FCC

The Federal Communications Commission.

FDEP

The Florida Department of Environmental Protection.

FEEDLOT (FOR ON-GOING, ON-SITE ANIMAL HUSBANDRY ACTIVITIES)

An enclosure (including a lot, yard, building, or corral) in which animals fed for slaughter are confined, that is used for more than 30 days in a one-year period, with or without an area for the raising of crops, forage or other vegetation and upon which animals fed for slaughter are allowed to graze or feed. A "feedlot" does not include any area where animals are held for slaughter by a processor for a period of 30 days or less.

FENCE

A structure used to delineate a boundary or act as a barrier or means of protection, confinement, or screening.

FILL

Soil materials deposited for the purpose of raising the level of natural land surface.

FILLING, SERVICE STATION

An establishment whose principal business is the dispensing at retail of gasoline and oil and where grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, principally for automobiles and not for trucks (or in connection with a private operation where the general public is excluded from the use of the facilities).

FINANCIAL INSTITUTION

An establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. Financial institutions include those establishments engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. Financial institutions may also provide Automated Teller Machines (ATM) services, located within a fully enclosed space or building, or along an exterior building wall intended to serve walk-up customers only. Financial institutions may include drive-through facilities.

FINISHED FLOOR ELEVATION

The elevation (above mean sea level) of the surface of the lowest habitable floor in a structure after the structure has been completed.

FIRE AND EMS

Facilities for the provision of local rapid response emergency services such as firefighting and mobile medical emergency services, including areas for the storage and maintenance of emergency vehicles, and equipment and facilities for the housing and feeding of emergency personnel while on duty.

FIRE SYSTEM

Water system designed for the sole purpose of providing water for fire protection.

FLAG

A piece of cloth or similar material bearing a distinctive design and emblem or symbol representing a county, state, political subdivision of a state, or another organization.

FLAG LOT

A lot which abuts or gains access to a street through a narrow portion which does not meet the minimum frontage or lot width requirements for the zone district where it is located.

FLOOD OR FLOODING

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

(1)

The overflow of inland or tidal water.

(2)

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

FLOOD AREA, 100-YEAR

Those areas that have a land elevation less than the Official 100-Year Flood Elevations.

FLOOD, BASE

The flood area having a one (1) percent chance of being equaled or exceeded in any given year.

FLOOD ELEVATION OF RECORD

The maximum flood elevation for which historical records exist.

FLOOD ELEVATIONS, OFFICIAL 10-YEAR

The most recent and reliable flood elevations based on a Log Pearson type III probability distribution produced by the United States Geological Survey and based on historical data.

FLOOD FREQUENCY

The statistically determined average of how often a specific flood level or discharge the regulatory flood.

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the area of special flood hazard have been defined as zone A.

FLOOD INSURANCE RATE MAP (FIRM)

The official map issued and updated from time to time by Federal Emergency Management Agency (FEMA) where both the areas of special flood hazard and the risk premium zones applicable to the City have been delineated.

FLOOD INSURANCE STUDY

The official report provided by FEMA. The report contains flood profiles, as well as, the Flood Boundary Floodway Map and the water surface elevation of the base flood for the City.

FLOOD MAP, OFFICIAL 100-YEAR

The map issued by FEMA that delineates the areas having ground elevations that are less than the Official 100-Year Flood Elevations.

FLOODING ELEVATION, RECORDED COUNTY OR CITY

Flooding elevation surveyed by the County and/or the City and adopted as a standard by the City Commission by resolution.

FLOODPLAIN

An area inundated during a 100-year flood event and identified by the Federal Emergency Management Agency (FEMA) on Flood Insurance Rate Maps (FIRMs).

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

FLOODWAY FRINGE

The area adjoining a watercourse which, although not lying within a floodway, has been or may hereafter be covered by a regulatory flood.

FLOOR

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

FLOOR AREA

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

FLOOR AREA RATIO (FAR)

The total square feet of a building divided by the total square feet of the lot the building is located on.

FLORIDA FRIENDLY LANDSCAPE

Quality landscapes as provided in Section 373.185, Florida Statutes, as amended, that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principals of Florida Friendly Landscapes include planting and design, appropriate choice of plants, soil analysis (which may include the use of solid waste compost), efficient irrigation, practical use of turf, appropriate use of mulches, and proper maintenance.

FLORIDAN AQUIFER SYSTEM

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

FOOTCANDLE

The amount of light that falls onto a surface as emitted by an exterior lighting device.

FRONT FAÇADE

The exterior walls of a structure which are immediately adjacent to the street which the structure fronts.

FRONTAGE

The length of the property line of the lot, lots or trace of land abutting a public street, road, highway or other right-of-way.

FUEL OIL DISTRIBUTOR

An establishment that distributes fuel oil for compensation.

FULL CUT-OFF LENS

An artificial outdoor lighting fixture designed to ensure that no light is directly emitted above a horizontal line parallel to the ground.

FUNERAL HOME

An establishment which provides human funeral services, including embalming and memorial services. Crematories are accessory uses to a funeral home.

FUTURE TRAFFIC CIRCULATION MAP SERIES

The Future Traffic Circulation Map series shall mean the map series established pursuant to the City comprehensive plan, as it may be amended from time to time relating to the City and surrounding transportation system.

GARAGE, REPAIR

Building and premises or portions thereof designed and intended for some or all of the purposes indicated under "Filling Station" but which, unlike a filling station, includes provisions for major mechanical repairing, equipping, servicing and body working of motor vehicles, provided that body work and painting shall be conducted within completely enclosed buildings. Such garages may also be used for hiring, renting, storing or selling of motor vehicles. Repair garages shall also include paint and body shops.

GASOLINE SALES, FULL-SERVICE, MINI-SERVICE, AND SELF-SERVICE

An establishment providing sales of gasoline and related vehicle fuel, at retail. This may be done either through a full-service automobile service station (that may also provide repair services such as lubrication, oil and tire changes, and engine repair, but not vehicle bodywork or painting) or a self-service establishment (where the customer is responsible for pumping the gasoline), or a combination of the two. Convenience goods may also be offered for sale, such as ready-to-eat food products, prepackaged food items, tobacco, periodicals, a limited range of groceries, and sundries.

GENERAL AMENDMENT TO THE OFFICIAL ZONING ATLAS

A decision made by the City Council regarding the Official Zoning Atlas in accordance with Section 2.4.1, Text Amendment and General Amendments to the Official Zoning Atlas.

GENERAL INDUSTRIAL SERVICE

Establishments engaged in the repair or servicing of agriculture, industrial, business, or consumer machinery, equipment, products, or by-products. Firms that provide these services do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. Accessory activities may include retail sales, offices, parking, and storage.

GEOTECHNICAL BORING

Any excavation that is drilled, cored, washed, driven or dug and is used for geological investigation purposes or for obtaining a soil sample.

GLAZING

The portion of an exterior building surface occupied by glass or windows.

GOLF COURSE, PRIVATE OR PUBLIC

A tract of land laid out with at least nine (9) holes for playing the game of golf and improved with tees, greens, fairways, and hazards. A golf course, public or private, may include a clubhouse and shelters.

GOLF DRIVING RANGE

A limited area on which golfers do not walk, but hit golf balls from central driving tees. A golf driving range may contain outdoor lighting. A golf driving range may have, as an accessory use, a putting or chipping green, miniature golf course, baseball batting cages, a refreshment stand, and/or equipment rental of items pertaining to golf and baseball.

GOOD CAUSE

As used in Section 2.2.10(A) and (B) impediments to submission of a final development plan such as delays in securing permits from other agencies in a timely manner. Good cause does not include adverse market conditions, delays in securing financing, or self-imposed hardships resulting from the actions, or inaction, of the developer.

GOVERNING BODY

The legal governing body of a county, municipality or town of the State of Florida.

GOVERNMENT FACILITIES

See Section 4.2.3(D), Government Facilities.

GOVERNMENT MAINTENANCE, STORAGE, AND DISTRIBUTION FACILITY

A facility housing government shops, maintenance and repair centers, and equipment storage yards.

GOVERNMENT OFFICE

An office of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to, employment offices, public assistance offices, or motor vehicle licensing and registration services.

GRADE

See Section 5.2.3(3).

GROSS PUBLIC FLOOR AREA

The total floor area inside the building envelope, including the external walls, and excluding the roof.

GROUND COVER

A low-growing plant that, by the nature of its growth characteristics, completely covers the ground, does not usually exceed two (2) feet in height, and renders the soil surface stable against accelerated erosion.

GROUND WATER

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

GROUP HOME

A facility licensed to serve clients of the Department of Children and Family Services that provides a living environment for 15 or more unrelated residents, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

GROUP LIVING

See Section 4.2.2(B).

GRUBBING

The effective removal of vegetation, other than defined trees, from the site.

HAZARD, HEALTH

A cross-connection or potential cross-connection involving any substance that could, if introduced in the potable water supply, cause death, illness, spread disease or have a high probability of causing such effects.

HAZARD, NON-HEALTH

A cross-connection or potential cross-connection involving any substance that generally would not be a health hazard but would constitute a nuisance or be aesthetically objectionable, if introduced into the potable water supply.

HAZARDOUS SUBSTANCE

A substance that has one or more of the following characteristics: ignitability, corrosivity, reactivity or toxicity as defined in 40 CFR, Part 261 (as amended), bio accumulative effect, or persistence in nature.

HAZARDOUS WASTE

Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment.

HAZARDOUS WASTE COLLECTION SITE

An establishment for the collection and/or transfer of hazardous waste.

HEALTH CARE FACILITIES

See Section 4.2.3(E), Health Care Facilities.

HEAT EXCHANGE WELLS

Any well or wells constructed for the purpose of withdrawing water for air conditioning or heat exchange purposes and then returning the water to underground formations.

HEAVY EQUIPMENT SALES, RENTAL, OR REPAIR

An establishment engaged in the display, sale, leasing, or rental of heavy equipment of 12,000 or more pounds gross vehicular weight (GVW).

HEDGE

A row of evenly spaced shrubs planted to form a continuous, unbroken visual screen.

HEIGHT, BUILDING

See Section 5.2.3(1), Building Height.

HELICOPTER LANDING FACILITIES

An area, either at ground level or elevated on a structure, licensed or approved for the landing and takeoff of helicopters and which may include auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

HISTORIC TREE

A tree which has been found by the city, county or state, because of its age, type, size or historic association, to be of historic significance and so designated by written resolution.

HOLIDAY DECORATION

An embellishment placed specifically for the purpose of celebrating a specific holiday, holiday event or holiday season.

HOME OCCUPATION

A business activity conducted entirely in a dwelling unit, in accordance with the home occupation criteria in Section 4.4.4(C), Home Occupation.

HOMEOWNER'S ASSOCIATION OR PROPERTY OWNER'S ASSOCIATION

A private non-profit association which is organized by the developer of a development in which individual owners share common interests in open space, easements, and/or facilities and are in charge of preserving, managing, and maintaining the common property, and enforces improvements or other certain covenants and restrictions.

HORTICULTURE, GENERAL USE CATEGORY

The active and on-going cultivation and production of orchard, garden, or nursery crops on a small or large scale, including the production of orchards, field grown crops, specialty crops, flowers, fruit, grapes, market gardening, nursery stock, nuts, ornamental plants, sod, vegetables, and similar horticultural uses; and the cultivation of such produce by means of biotechnical or genetic engineering techniques. Horticulture does not include preparatory functions such as grading or creation of planting beds through stockpiling of dirt or other means when such preparations do not result in an active and on-going horticulture activity within 30 days. See also Section 4.2.4(C).

HOSPITAL

An establishment providing physical or mental health services with overnight accommodations for the sick and injured.

HOTEL OR MOTEL

Hotel and motel are to be considered synonymous uses. A hotel or motel means a building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupancy by persons on an overnight basis, not including bed and breakfast establishments or a rooming house.

HOUSEHOLD LIVING

See Section 4.2.2(A), Household Living.

HUE

The visible color emitted from an artificial source of exterior lighting.

HUMAN SCALE

The proportional relationship of a particular building, structure, or streetscape element to the human form and function.

ICE CREAM SHOP

An eating establishment primarily intended for the on- and off-site consumption of ice cream and other similar foods.

IMMINENT DEFICIENCY

An approaching deficiency in a public facility caused when the existing demand and capacity reserved for approved development through the issuance of a Certificate of Concurrency Compliance reaches 95 percent of the capacity of said facility at the adopted Level of Service standards.

IMPERVIOUS

The condition of being impenetrable by water.

IMPERVIOUS SURFACE AREA

A surface that is compacted or covered with material that is resistant to infiltration by water, including but not limited to most conventional surfaced streets, roofs, sidewalks, parking lots, and other similar structures.

IMPERVIOUSNESS

The degree to which a site is impervious.

IMPROVEMENTS

See "Private Improvements" or "Public Improvements."

INCINERATOR

Facility that burns refuse at high temperatures to reduce the volume of waste. (See also Resource Recovery Plant.)

INDUSTRIAL DISTRICT

An industrial district is any parcel or parcels of land or water zoned IH or ILW, or any areas designated and used for industrial purposes within a PUD/MPUD District as defined by this Code.

INDUSTRIAL SERVICES

See Section 4.2.5(C), Industrial Services.

INFILL

Development or redevelopment of land that has been bypassed, remained vacant, and/or is underused as a result of the continuing urban development process. Generally, the areas and/or sites are not particularly of prime quality, however they are usually served by or are readily accessible to the infrastructure (services and facilities) provided by the local government.

INSTITUTIONS

See Section 4.2.3(F), Institutions.

INTERPRETATION

A decision made in writing by the Development Review Committee in accordance with the standards in Section 2.4.19, Interpretation by the Development Review Committee.

IRRIGATION

The method of supplying plant materials with water other than by natural rainfall.

JUNK YARD

Place, structure or lot where junk, waste, discarded, salvaged or similar materials such as old metals, wood, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are brought, bought, sold, exchanged, baled, packed, disassembled, stored or handled, including used lumber and building material yards, house wrecking yards, heavy equipment wrecking yards, and yards or places for the storage, sale or handling of salvaged house wrecking or structural steel materials.

KARST

A type of topography that is formed over limestone, dolomite or gypsum by dissolution and that is characterized by closed depressions or sinkholes, caves and underground drainage.

KENNEL

A facility where four (4) or more dogs, cats, or other animals over three (3) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed. Such a facility may have an indoor and outdoor component.

KENNEL, INDOOR

A facility where four (4) or more dogs, cats, or other animals over three (3) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed. The facility shall be entirely indoors.

LAND

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

LAND CLEARING STAGE

A stage in the construction process in which trees and/or vegetation are removed from the land, i.e., proposed right-of-way excavation and paving, lake and drainage systems excavation; utility clearing, grubbing and pre-building construction projects.

LAND DEVELOPMENT REGULATIONS (LDRS)

The regulations adopted by the City to implement the Comprehensive Plan. The LDRs include regulations related to the use of land, development and design standards, procedures for the review of development, subdivision, drainage and stormwater management, protection of environmentally sensitive areas, sign controls, standards for public facilities and services, on-site traffic flow and parking and any other regulations deemed appropriate by the City to implement the Comprehensive Plan.

LAND DISTURBING ACTIVITY

(1)

Use of the land in residential, industrial, educational, institutional, or commercial development; or

(2)

Street construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation.

LAND, PARCEL OF

See "Parcel."

LAND-SPREADING OF WASTES

The application or disposal of effluents or sludges on, above, or into the surface of the ground through spray irrigation, land spreading, or other methods.

LAND SURVEYOR

A land surveyor registered under Chapter 472, Florida Statutes, who is in good standing with the Florida State Board of Engineer Examiners.

LAND USE

The development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under the Comprehensive Plan or these LDRs, or an amendment thereto.

LANDFILL

A solid waste disposal facility, which is an area of land or an excavation where wastes are or have been placed for disposal, for which a permit, other than a general permit, is required by Section 403.707, Florida Statutes. This term shall not include: (a) a land spreading site; (b) a surface impoundment; (c) an injection well defined under and subject to the provisions of Chapter 62-528, F.A.C.; or (d) a construction and demolition debris disposal site regulated by Rule 62-701.730, F.A.C.

LANDSCAPE

An expanse of natural scenery, such as lawns, trees, plants and other natural materials, such as rock, and wood chips, and decorative features, including sculpture, patterned walks, fountains and pools.

LANDSCAPE ARCHITECT

A professional, who is often certified, that analyzes, plans, designs, manages, and/or serves as a steward of the natural and built environments.

LARGE RETAIL ESTABLISHMENT

A single business established engaged in retail sales activities and located in a stand-alone single tenant building larger than 65,000 square feet in size.

LARGE-SCALE COMMERCIAL BUILDING

Commercial building whose total gross building area, including outdoor display and sales areas, is equal to or exceeds 65,000 square feet.

LARGE-SCALE COMMERCIAL DEVELOPMENT PROJECT

Commercial development project where the project is developed as a common plan of development and contains a large-scale commercial building.

LAUNDROMAT

A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

LAUNDRY, DRY CLEANING, AND CARPET CLEANING FACILITIES

A facility used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in water or volatile solvents.

LAWS

For the purposes of Section 2.5, Development Agreements, all ordinances, resolutions, regulations, comprehensive plans, land development regulations, and rules adopted by a local government affecting the development of land.

LEGIBLE

As related to Section 6.5, Signage, means that a message can be comprehended by a person with eyesight adequate to obtain a current Florida driver's license standing in the public right-of-way or other location from which legibility is to be determined. Where such facts are material, it shall be presumed that the observation takes place in daylight hours, and that the person making the observation is standing and is between five feet two inches (5'2") and six feet (6') tall.

LEVEL OF SERVICE

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

LIBRARY

A public facility for the use, but not sale, of literary, musical, artistic, or reference materials.

LIEN

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

LIGHT FIXTURE, FULL-CUTOFF

Light fixture designed such that no light is projected at or above a 90-degree plane running through the lowest point on the fixture where the light is emitted and less than ten percent (10%) of the rated lumens are projected between 90 degrees and 80 degrees.

LIGHT FIXTURE, OUTDOOR

All outdoor illuminating devices, reflective surfaces, lamps and other devices, either permanently installed or portable, which are used for illumination or advertisement.

LIGHT FIXTURE, SEMI-CUTOFF

Fixture that projects no more than five percent (5%) of the rated lumens above a 90-degree plane running through the lowest point on the fixture where the light is emitted and less than twenty percent (20%) of the rated lumens are projected between 90 degrees and 80 degrees.

LIQUOR STORE

An establishment licensed by the state exclusively for the retail sale of alcoholic beverages, excluding beer and wine, in original packages for consumption off the premises where sold.

LOADING SPACE, OFF-STREET

Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.

LOCAL PLANNING AGENCY

The entity designated by the City Commission, under the provisions of Chapter 163.3161 through 163.3215, Florida Statutes.

LOCAL ROAD OR LOCAL ROADWAY

A local road or roadway shall mean those roads in the City not defined as collector, arterial roads, or controlled access roads.

LOT

A portion of a subdivision or any parcel of land intended as a unit for building development or for transfer of ownership or both. "Lot" includes the words "plot," "parcel," "tract," or "site" and may consist of:

(1)

A single lot of record;

(2)

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

(3)

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

LOT AREA

See Section 5.2.1(A)(1), Lot Area.

LOT, CORNER

See Section 5.2.1(A)(6)(a), Lot Corner.

LOT COVERAGE

See Section 5.2.4(A)(3), Lot Coverage.

LOT DEPTH

See Section 5.2.1(A)(4), Lot Depth.

LOT FRONTAGE

See Section 5.2.1(A)(2), Lot Frontage.

LOT, INTERIOR

See Section 5.2.1(A)(6)(b), Lot Interior.

LOT LINE

See Section 5.2.1(A)(3), Lot Line.

LOT OF RECORD

A lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been recorded on or before February 22, 2005.

LOT, THROUGH

See Section 5.2.1(A)(6)(c), Lot Through.

LOT WIDTH

See Section 5.2.1(A)(5), Lot Width.

LOW INCOME HOUSEHOLD

One or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.

LUMEN

A unit of luminous flux. One footcandle is one lumen per square foot. Lumen output values shall be the initial lumen output ratings of a lamp.

MACHINE SHOP

An establishment where metal is cut and shaped by machine tools.

MAINTAIN

Maintain shall include general servicing and upkeep in a safe, operable and attractive condition.

MANGROVE STAND

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

MANUFACTURED HOME

A structure, 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 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.

MANUFACTURING AND PRODUCTION

See Section 4.2.5(D), Manufacturing and Production.

MANUFACTURING, HAND-ROLLED CIGARS

A manufacturing process for cigars in which the wrapper has been rolled onto the bunch by hand and not by machinery.

MANUFACTURING, HEAVY

Manufacturing uses that involve the generation outside the property of noise, odor, vibration, or dust. Examples include, but are not limited to: manufacture or assembly of machinery, equipment, instruments, vehicles, appliances, communications equipment, computer or electronic equipment, precision items and other electrical items; the processing of food and related products; lumber mills, pulp and paper mills, and the manufacture of other wood products; and electric power generation plants. Specifically prohibited are rendering, petroleum refining, asphalt/concrete plants, and manufacture of chemicals, fertilizers, paint, and turpentine.

MANUFACTURING, LIGHT

The mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor, or vibration. Examples include, but are not limited to: production or repair of small machines or electronic parts and equipment; woodworking and cabinet building; publishing and lithography; computer design and development; research, development, testing facilities and laboratories; apparel production; sign making; assembly of pre-fabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of artificial limbs, dentures, hearing aids, and surgical instruments; manufacture, processing, and packing of food products, cosmetics, and manufacturing of components, jewelry, clothing, trimming decorations, and any similar item.

MARGINAL ACCESS STREET

See "Street, Marginal Access."

MAXIMUM EXTENT PRACTICABLE

No feasible or practical alternative exists, as determined by City staff, and all possible efforts to comply with the regulation or minimize potential harmful or adverse impacts have been undertaken by an applicant. Economic considerations may be taken into account but shall not be the overriding factor determining "maximum extent practicable."

MAXIMUM SERVICE VOLUME

The maximum capacity of a public facility based on the adopted Level of Service standard. For the purposes of roadway capacity, maximum service volume shall be determined by the latest Florida Department of Transportation (FDOT) generalized tables, a more detailed analysis such as FDOT's Arterial Planning software, or the Highway Capacity Manual, subject to acceptance/approval by the Development Review Committee.

MEAN SEA LEVEL

The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. The term is synonymous with National Geodetic Vertical Datum (NGVD).

MEDIA

Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication; including, but not limited to, books, newspapers, magazines, movies, videos, sound recordings, CD-Roms, other magnetic media, and undeveloped pictures.

MEDICAL AND DENTAL CLINICS

A building or portion of a building containing offices and facilities for providing medical, dental, and psychiatric services for outpatients only.

MEDICAL AND DENTAL LABS

Facilities and offices for performing diagnostic or therapeutic medical procedures of a nonsurgical nature.

MEDICAL MARIJUANA TREATMENT CENTER

A facility as regulated by the State of Florida and defined by Chapter 381.986, F.S.

MOBILE HOME PARK

A parcel of land under single ownership or management which is operated as a business engaged in providing a place where manufactured or mobile homes are installed for non-transient living or sleeping purposes and where sites or lots are set aside or offered for lease or rent for use by manufactured homes or mobile homes for living or sleeping purposes, including any land, building, structure or facilities used by occupants of manufactured or mobile homes on such premises. Accessory uses to mobile home parks include owners' and managers sleeping quarters, laundry facilities, and facilities for parks and recreation.

MOBILE HOME STAND

A lot or parcel of ground designated for the accommodation of not more than one (1) mobile home.

MOBILE HOME SUBDIVISION

A residential subdivision where lots are offered for sale for use exclusively by mobile homes.

MULCH

Organic material such as wood chips, pinestraw, or bark placed on the soil to reduce evaporation, prevent soil erosion, control weeds, and enrich the soil.

MULTI-PURPOSE TRAIL

A trail designated for use by pedestrian, bicyclists, equestrians, or for other forms of non-motorized transport. Such trails may be paved or surfaced with mulch, and are typically wider than public sidewalks. Also known as a "recreational trail."

MULTIPLE LISTING STRIP

A strip of wood or like material or paper affixed to, around or upon a real estate sign to indicate that the property being advertised for sale is also advertised within the real estate industry by virtue of their multiple listings service.

MULTIPLE OCCUPANCY PARCEL

Any parcel that is occupied by more than one (1) establishment.

NATIONAL GEODETIC VERTICAL DATUM (NGVD)

A vertical control, as corrected in 1988, used as a reference for establishing varying elevations within a floodplain.

NATURAL DRAINAGE FEATURES

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

NEIGHBORHOOD RECREATION CENTER

A facility providing recreation facilities and/or meeting rooms, that is typically oriented to addressing the recreational needs of the residents of a neighborhood or community area.

NEW CONSTRUCTION

Any structure for which the start of construction commenced after the effective date of the first floodplain management code, ordinance, or standard based upon specific technical base flood elevation data, which establishes the area of special flood hazard or the effective date of the first floodplain code, ordinance or standard. The term also includes any subsequent improvements to such structure.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed on or after the effective date of floodplain management regulations adopted by a community.

NEWSPAPER OF GENERAL CIRCULATION

Has the meaning as defined in Chapter 163.3164(31), Florida Statutes.

NO TREE VERIFICATION

A signed, notarized statement by the owner, or his agent, stating that no trees exist upon the site.

NONCOMMERCIAL MESSAGE

Any sign, wording, logo, or other representation that does not directly or indirectly name, advertise, or call attention to a business, product, service, or other commercial activity.

NONCONFORMING LOT

A lot that was legally established before the effective date of these LDRs or subsequent amendment thereof, but that does not comply with the dimensional standards that apply in the zoning district in which the lot is located.

NONCONFORMING SIGN

A sign or sign structure, legally developed before the effective date of these LDRs, or any amendment thereto, that does not comply with the standards in Section 6.5, Signage.

NONCONFORMING STRUCTURE

A structure or portion thereof, not including signs, legally erected before the effective date of these LDRs, or any amendment thereto, and conflicting with the dimensional standards or these LDRs applicable to the zoning district in which the structure is situated.

NONCONFORMING TOWER

A communications or other tower, legally erected before the effective date of these LDRs, or any amendment thereto, that does not comply with the standards of Section 4.3.2(H), Utilities.

NONCONFORMING USE

The legal use of a structure or premises before the effective date of these LDRs, or any amendment thereto, but that does not comply with the use standards of these LDRs.

NONCONFORMITY

A nonconforming use, sign, lot, structure, or building.

NONRESIDENTIAL DISTRICT

A nonresidential district is any parcel or parcels of land or water zoned other than RS, RG-1, RG-2, or any areas designated and used within a PUD/MPUD district for residential purposes as defined by this Code.

NOTICE OF ACTIVITY

The written communication to the Development Review Committee regarding the commencement of certain silviculture and agriculture activities.

NUISANCE

Any of the following:

(1)

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

(2)

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

(3)

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

(4)

Overcrowding a room with occupants.

(5)

Insufficient ventilation or illumination.

(6)

Inadequate or unsanitary sewerage or plumbing facilities.

(7)

Uncleanliness, as determined by the County health officer.

(8)

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the County health officer, or City Code Enforcement Officer.

NURSERY, COMMERCIAL

An agricultural/commercial enterprise where plants and accessory products are sold on a retail basis. Twenty-five (25) percent of the gross sales receipts of the commercial nursery must be derived from plants produced on site; or twenty-five (25) percent of the area designated as a commercial nursery shall be dedicated to the cultivation of plants to be sold on-site.

NURSERY, PRODUCTION

An agricultural enterprise where only plants grown on-site are sold on a retail or wholesale basis.

NURSING HOME

A private home, institution, building, residence, or other place, whether operated for profit or not, including those places operated by units of government, which undertake through its ownership or management to provide for a period exceeding 24 hours, maintenance, personal care, or nursing for three (3) or more persons not related by lineal consanguinity or marriage to the operator, who by reason of illness, physical infirmity, or advanced age are unable to care for themselves; provided, that this definition shall include homes offering services for less than three (3) persons where the homes are held out to the public to be establishments which regularly provide nursing, extended care, and custodial services. (See also Assisted Living Facility.)

OFFICE, BUSINESS OR PROFESSIONAL

An office for such operations as real estate agencies, advertising agencies (but not sign shop), insurance agencies, travel agencies and ticket sales, chamber of commerce, credit bureau, abstract and title insurance companies, management consultants, stockbroker and the like, or an office for the use of a person or persons generally classified as professionals such as architects, engineers, attorneys, accountants, doctors, lawyers, dentists, veterinarians (but not including treatment or boarding of animals on the premises), psychiatrists, psychologists and the like.

OFFICE, BUSINESS SERVICES

A room, or group of rooms used for conducting the affairs of a general business establishment, other than financial services and professional services. Examples of business services office uses include offices for retail and wholesale establishments.

OFFICE, CONTRACTOR

A room or group of rooms used for conducting business affairs of a development contractor that does not use any exterior storage area.

OFFICE, FINANCIAL SERVICES

A room or group of rooms used for conducting the affairs of a business offering financial services, such as banking services, investment banking, stock brokerage, investment services, credit card services, and the like.

OFFICE, PROFESSIONAL SERVICES

A room or group of rooms used for conducting the affairs of a business, profession, or service industry. Examples of professional services offices include offices for lawyers, accountants, engineers, architects, and real estate agents.

OFFICES

See Section 4.2.5(E), Offices.

OFFICIAL 10-YEAR FLOOD ELEVATIONS

The most recent and reliable flood elevations based on a Log Pearson type III probability distribution produced by the United States Geological Survey and based on historical data.

OFFICIAL 100-YEAR FLOOD MAP

The map issued by the Federal Emergency Management Agency that delineates the areas having ground elevations that are less than the Official 100-Year Flood Elevations.

OPACITY

A measurement indicating the degree of obscuration of light or visibility.

OTHER PUBLIC WATER SYSTEM

Any potable water system that provides piped water for human consumption, culinary purposes or dishwashing to one or more non-residential establishments or which serves more than four (4) residences but that is not a public water system as defined by the Federal Safe Drinking Water Act. Other public water systems include the water source, treatment facilities and distribution lines.

OUTDOOR ADVERTISING SIGN (a/k/a Billboard, Off-site sign, Off-premises sign)

A sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced, manufactured, or furnished at the property on which the sign is located.

OUTDOOR STORAGE

The keeping, in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. Such activities may be the principal use of the land where located or as an accessory use to another principal use.

OUTPATIENT FACILITY

A facility where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) person or a group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is regulated by the State of Florida. A public clinic is one operated by any governmental organization for the benefit of the general public. All other clinics are private clinics.

OVERALL HEIGHT (OH)

The height, in feet, of a tree measured from the top of the root ball/system to the top of the uppermost foliage branches.

OVERNIGHT CHILD CARE CENTER

A facility licensed by the State to provide care services in the evening or overnight for six (6) or more children under the age of five (5), other than members of the family.

OWNER OR LANDOWNER

The holder of the title in fee simple of property, and any person in whose name tax bills on land are submitted. Owner or landowner also means any person who, alone or jointly or severally with others has:

(1)

Legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(2)

Charge, care or control of any dwelling, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possessions, or assignee of rents, lessee, or other person firm, or corporation in control of a building; of their duly authorized agents. Any such person thus representing the actual owner is considered to be bound by these LDRs to the same extent as if the person were the owner. It is the person's responsibility to notify the actual owner of the reported infractions of these LDRs pertaining to the property which apply to the owner.

PARAPET

A building façade that rises above the roof level, typically obscuring a gable or flat roof as well as any roof-mounted equipment.

PARCEL

Any quantity of land being capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit.

PARCEL OF LAND

Has the meaning as defined in Chapter 163.3164, Florida Statutes.

PARCEL SERVICES

Retail sales or business services establishment to facilitate the transmittal and receipt of parcels.

PARK-AND-RIDE FACILITY

An off-street parking facility designed or intended to provide short-term parking to accommodate commuter traffic using public transportation; accessory structures include passenger shelters.

PARK, PUBLIC AND PRIVATE

Land used for recreation, exercise, sports, education, rehabilitation, or similar activities, or a land area intended to enhance the enjoyment of natural features or natural beauty, specifically excluding commercially operated amusement parks.

PARKING BAY

The parking module consisting of one (1) or two (2) rows of parking spaces or stalls and the aisle from which motor vehicles enter and leave the spaces.

PARKING, COMMERCIAL

See Section 4.2.5(F).

PARKING LOT

The portion of a site or development dedicated to vehicular ingress and egress, off-street parking, parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not necessarily including vehicular storage areas.

PARKING LOT LANDSCAPING, INTERIOR

Vegetative material, structures (walls or fences), berms, and associated ground cover located within the interior of a parking lot, or other vehicular use area for the purposes of providing visual relief and heat abatement.

PARKING LOT LANDSCAPING, PERIMETER

Vegetative material, structures (walls or fences), berms, and associated ground cover located around the perimeter of a parking lot, or other vehicular use area when such areas are adjacent to a street right-of-way or residentially zoned or used property for the purposes of screening the vehicular use area from off-site views.

PARKING, OFF-SITE

An off-street parking area provided on a different parcel than the use it is intended to serve.

PARKING SPACE, ACCESSIBLE

A space designated for the parking or temporary storage of one motor vehicle in addition to the space necessary for the ingress and egress from the vehicle by a disabled person and any equipment needed for that purpose.

PARKING SPACE, HANDICAPPED

An off-street parking space which is reserved for persons who are physically disabled or handicapped.

PARKING SPACE, OFF-STREET

A space which is designated for the parking or temporary storage of one motor vehicle located outside of a dedicated street right-of-way, vehicular travel way, or parking aisle.

PARKING STRUCTURE

A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages and deck parking.

PARKING, TANDEM

A parking space within a group of two (2) or more parking spaces arranged one behind the other.

PARKS AND OPEN AREAS

See Section 4.2.3(G), Parks and Open Space.

PASSENGER TERMINAL, SURFACE TRANSPORTATION

A facility that receives and discharges passengers and at which facilities and equipment required for their operation are provided. Examples include terminals for bus, trolley, taxi, railroad, shuttle van, or other similar vehicular services.

PENNANT

Any flag-like or streamer-like piece of cloth, plastic, foil or paper attached to any staff, cord, building, or other structure at only one (1) or two (2) edges, the remainder hanging loosely.

PERFORMANCE BOND OR SURETY BOND

An agreement by a subdivider or developer with the governing body for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans specifications within the time prescribed by the agreement.

PERIMETER BUFFER

Vegetative material and structures (i.e., walls, fences) which is used to separate land uses from each other as required by these LDRs, including but not limited to the Type A Basic, Type B Aesthetic, Type C Semi-opaque, and Type D Opaque described in Section 6.2.2(D)(3), Perimeter Buffers.

PERIMETER LANDSCAPE STRIP

Vegetative material associated with the perimeter landscaping required for a parking lot.

PERMANENT CONTROL POINT (PCP)

A secondary horizontal control monument as defined in Chapter 177.031(13), Florida Statutes.

PERMANENT REFERENCE MONUMENT (PRM)

A control monument as defined in Chapter 177.031(15), Florida Statutes.

PERSON

Any individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any legal entity.

For the purposes of Section 2.5, Development Agreements, any individual, corporation, business or land trust, estate, trust, partnership, association, two or more persons having a joint or common interest, state agency, or any legal entity.

For the purposes of Article 9: Enforcement and Remedies, "person" includes any individual, corporation, government agency, government official, business trust, partnership, two (2) or more persons having a joint interest, or any other legal entity. Persons subject to the remedies and penalties established in Article 9: Enforcement and Remedies, for violating these LDRs include: an architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of these LDRs; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the land on which the violation occurs.

PERSONAL SERVICES ESTABLISHMENTS, GENERAL

An establishment primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Examples include laundromats; laundry and dry-cleaning drop-off establishments; photographic studios; mailing or packing service, photocopy and blueprint services; hair, tanning, and personal care services; psychics and mediums; martial arts schools; dance or music classes; taxidermists; and mortuaries.

PET FARM

An establishment in which livestock, farm animals and other animals are kept for public exhibition, viewing and contact, regardless of compensation, which may include related accessory uses and activities such as gift shops, picnic areas and recreational activities. For the purpose of these LDRs, a pet farm shall not include retail pet stores and kennels, horse races, and such activities as fairs, livestock shows, rodeos, field trials, and horsing events.

PETROLEUM PRODUCT

Fuels (gasoline, diesel fuel, kerosene and mixtures of these products), lubricating oils, motor oils, hydraulic fluids and other similar products.

PLANNING BOARD

The Planning Board, as herein provided for within these LDRs.

PLANNED DEVELOPMENT

A tract of land that is planned and developed as an integral unit in accordance with a master plan and flexible development standards that illustrate and address land uses, circulation, utilities, parking, setbacks, housing densities, land coverage, landscaping and buffers, open space, and similar features of the project. (See Section 2.4.3, Planned Development, and Section 3.6, Planned Development (PD) Districts.)

PLAT, FINAL

A finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for recording.

PLAT, PRELIMINARY

See Section 2.1.2(F).

PLAT/REPLAT/REVISED PLAT

A map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of this part and of any local ordinances.

POLICE STATION

A building or part of a building that is designated by a chief of police or sheriff to be used as a police or sheriff's station and at which duly authorized officers perform law enforcement functions.

PORTABLE STORAGE UNIT

Non-self-propelled, temporary container often constructed of steel and which is intended to be used for the off-site storage of personal property. A PSU is not a building, accessory structure, or a structure as would be associated in reference to the Florida Building Code or the Land Development Code, and includes but is not limited to PODS, steel containers and semi-trailers. Garbage dumpsters and portable structures designed for depositing recyclable items or personal goods to be donated to a non-profit charitable organization are not included in this definition.

PORTICO

A porch or walkway with a roof supported by columns, often leading to the entrance of a building.

POST OFFICE

A facility designated or licensed by the federal government to sell U.S. Postage stamps and U.S. Postal products and accept mail and packages for delivery.

POTABLE WATER SUPPLY WELL

Any well constructed for the purpose of conducting ground water to the surface, by pumping or natural flow, and the ground water from such excavation is to be used for drinking or other potable water uses.

POTENTIOMETRIC SURFACE

A surface defined by the elevation to which ground water will rise in a tightly cased well or wells.

PREEXISTING TOWER OR PREEXISTING ANTENNA

For the purposes of Section 4.3.2(H)(1), any tower or antenna for which a building permit or special use permit has been properly issued prior to ___ (effective date of this Ordinance), including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

PRIMARY CONSERVATION AREA

As used in Section 7.9, Conservation Subdivision, the geographic area occupied by priority conservation features to be actively conserved and protected from development, including 100-year floodplains, wetlands, habitat for endangered species, soils incapable of supporting development, riparian corridors, and steep slopes.

PRIMARY CONTAINMENT

The first level of product containment; i.e., the container which is in direct contact with the Regulated Substance being contained.

PRIMARY DRIVE AISLE

The main aisle(s) that extends from the street right-of-way, or from the driveway entrance(s) serving a development along the front of the building it serves.

PRIMARY ENTRANCE

The place of ingress and egress to a building, parcel, or development used most frequently by the public.

PRIMARY FAÇADE

The side of a building that contains the primary entrance.

PRIMARY LIVE ENTERTAINMENT

Entertainment that characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.

PRIMARY WELLHEAD OR WELL FIELD MANAGEMENT ZONE

The innermost protective zone around a well or well field as defined by:

(1)

Arbitrary radius from the well field, or

(2)

Geologic boundaries, such as the recharge area, the unconfined area, etc., or

(3)

A drawdown contour, such as the one-foot drawdown contour, or

(4)

A travel time contour, such as the 180 day travel time contour or 5 year travel time contour.

PRIVATE CLUB OR LODGE

Facilities owned or operated by an organization of persons for special purposes, such as the promulgation of sports, arts, literature, politics, but not operated for profit, and excluding religious institutions, and also excluding structures and uses associated with commercial or non-commercial outdoor recreation.

PRIVATE IMPROVEMENTS

Elements and/or infrastructure for a developed site or development located on privately-owned land which are required by the provisions of these LDRs. Private improvements include, but are not limited to, off-street parking or loading spaces, landscaping, screening devices, fences, walls, facilities within open space set-aside areas, exterior lighting, or signage.

PRIVATE WATER SYSTEM

A water system that provides piped potable water for human consumption and other domestic purposes to no more than four (4) family units.

PROFESSIONAL OFFICE DISTRICT

A professional office district is any parcel or parcels of land or water zoned RIO or any areas designated and used for professional office purposes within a PUD/MPUD District as defined by this Code.

PROTECTED TREE

Includes the plant species as set forth in Appendix "A" of Article 6 and which are a minimum diameter of four (4) inches at breast height.

PROTECTIVE BARRIER

A visible physical structure which limits access to and the deposit or stockpiling of materials in a protected area. The protective barrier shall extend to the drip line and run continuously around the designated tree or group of trees unless otherwise instructed by the Building Official, or his designee.

PSYCHIATRIC TREATMENT FACILITY

Inpatient facility which provides care for persons with psychiatric problems and which may include outpatient follow-up care to the facility's patients.

PUBLIC FACILITIES

For the purposes of Section 2.5, Development Agreements, public facilities include any 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.

For the purposes of Section 2.4.11, Certificate of Concurrency Compliance, one (1) of the facilities for which a level of service standard is adopted in the Comprehensive Plan, including roads, sanitary sewer, solid waste, stormwater management, potable water, or recreation facilities.

PUBLIC HEARING

A public hearing conducted by a review or decision-making body in accordance with Section 2.3., Public Hearing Procedures.

PUBLIC IMPROVEMENTS

Major capital improvements, constructed by or dedicated to the City including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.

PUBLIC SAFETY

See Section 4.2.3(H), Public Safety.

PUBLIC SQUARE

Public open space which provides safe and accessible places for the public to meet or gather. It may provide shelter or benches, and public art, and groups or individuals can spend time in public squares without impeding neighboring streets, businesses, resources, or homes.

PUBLIC SUPPLY WELL

A well that is connected to a system that provides piped water to the public for human consumption, assuming it has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year.

QUALIFIED APPLICANT

For purposes of Section 2.5, Development Agreements, a person who has legal or equitable interest in the real property which is the subject of a Development Agreement. If there is a question as to whether a person is a Qualified Applicant, the applicant shall provide the City with an opinion of title from an attorney licensed to practice in the State of Florida or a commitment of title insurance demonstrating the person which has a legal or equitable interest in property subject to the proposed Development Agreement.

QUASI-JUDICIAL PUBLIC HEARING

A public hearing conducted by a review or decision-making body in accordance with Section 2.3.1, Quasi-judicial Public Hearings.

RADIO AND TELEVISION BROADCASTING STUDIO

A facility for the staging and recording of audio or television productions.

RAILROAD RIGHT-OF-WAY

A public or private right-of-way on which tracks for trains are constructed. Such uses can include crossing lights, mechanical facilities, and short-term storage of maintenance equipment or other supplies.

REACH

A hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the flood hazard areas where flood heights are influenced by a man-made or natural obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would typically constitute a reach.

REASONABLE ACCESS

Reasonable access shall mean minimum number of connections, direct or indirect, necessary to provide safe ingress and egress to the collector and arterial roadway system based on projected connection and roadway traffic volumes and the type and intensity of the land use.

RECHARGE AREA

Any area which contributes significant quantities of water to the underlying aquifer system either by the downward percolation of water through permeable geologic units or by the more direct introduction of water into the aquifer through localized karst features or sinkholes.

RECREATION/ENTERTAINMENT, INDOOR

See Section 4.2.5(G), Recreation/Entertainment, Indoor.

RECREATION/ENTERTAINMENT, OUTDOOR

See Section 4.2.5(H), Recreation/Entertainment, Outdoor.

RECREATIONAL TRAIL

A trail designed for and used for recreational purposes such as bicycling, trail biking, equestrian activities, day hiking, jogging or similar fitness activities.

RECREATIONAL VEHICLE

A transportable structure primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles, when traveling on the public roadways of the State, must comply with the length and width provisions of Section 316.515, Florida Statutes. The term recreational vehicle shall include motor home, camper bus and travel trailer, camping trailer, truck camper but shall not include pick-up trucks with camper shells that extend one (1) foot or less above the cab of the truck.

RECREATIONAL VEHICLE RENTAL AND SALES

The display and sales or rental of recreational vehicles.

RECYCLING AND SALVAGE CENTER

A facility engaged solely in the storage, processing, resale, or reuse of recyclable and recovered materials. Such a facility is not a solid waste management facility if it meets the conditions of Rule 62-701.220(2)(c), F.A.C.

RECYCLING DROP-OFF CENTER

A small collection facility where recyclable materials are purchased or accepted from the public. Typical uses include neighborhood recycling stations and thrift store collection trucks.

REGULATED BUSINESS

Any publicly or privately-owned operation that produces, uses, stores or disposes of a Regulated Substance, unless specifically exempted.

REGULATORY FLOOD

The flood which is representative of large floods known to have occurred in the area and reasonably characteristic of what can be expected to occur. The regulatory flood generally has a flood frequency of 100 years as determined by the Federal Insurance Administration from an analysis of floods at a particular site and other sites in the same general region.

RELIGIOUS INSTITUTION

A structure or place in which worship, ceremonies, rituals, and education are held, together with its accessory buildings and uses (including buildings used for educational and recreational activities), operated, maintained, and controlled under the direction of a religious group. Religious institutions include churches, mosques, synagogues, and temples. Accessory uses may include school facilities, parking, caretaker's housing, pastor's housing, and group living facilities such as convents.

REMOVE

For the purposes of Section 6.2.1, Tree Protection Standards, the actual removal and effective removal through killing, damaging, or destroying any regulated, heritage, or champion tree.

REPAIR ESTABLISHMENTS

An establishment primarily engaged in the provision of repair services for TV's, bicycles, clocks, watches, shoes, guns, canvas products, appliances, and office equipment; including tailor; locksmith; and upholsterer.

REPAIR OF SCIENTIFIC OR PROFESSIONAL INSTRUMENTS

An establishment primarily engaged in the provision of repair services for scientific or professional instruments for businesses.

RESIDENTIAL DISTRICT

Residential districts mean land carrying the following zone district classifications: RG, RS-1, RS-3, RS-3, residential planned developments (PD-R), traditional neighborhood planned development (PD-TND), and the residential portions of major employment center planned developments (PD-EC).

RESOURCE-BASED RECREATION USES

Recreation uses that involve the use of existing natural resources, having a minimal impact on the environment.

RESOURCE-BASED RECREATION USES, NON-INTENSIVE

Recreational activities that generally do not require a developed site. This generally includes such activities as hiking, horseback riding, and picnicking. Non-intensive resource-based recreation uses do not include activities involving vehicles or games such as paintball.

RESOURCE RECOVERY PLANT

A facility that recovers materials or energy from solid waste, excluding those materials or solid waste under the control of the Nuclear Regulatory Commission. The facility uses resource recovery equipment, as defined by Chapter 62-701, F.A.C.

RESPONSIBLE PARTY

Person or persons that through their actions have caused or are suspected to have caused a discharge of a Regulated Substance.

RESTAURANT

An establishment where food is ordered from a menu, prepared and served for pay primarily for consumption on the premises in a completely enclosed room, under roof of the main structure or in an interior court.

RESTAURANT, INDOOR SEATING ONLY

An establishment where meals or prepared food, including beverages and confections, are served to customers for consumption on or off the premises, but only indoor seating is available for on-site consumption.

RESTAURANT, WITH DRIVE-THROUGH OR DRIVE-IN SERVICE

An establishment where provision is made on the premises for the selling, dispensing, or serving of food, refreshments, or beverages to persons in automobiles and/or in other than a completely enclosed building on the premises, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in automobiles on the premises. A restaurant which provides drive-in facilities of any kind shall be deemed a drive-in restaurant. Such an establishment by design encourages or permits customers to obtain goods while remaining in their motor vehicles.

RESTAURANT, WITH OUTDOOR SEATING

An establishment where meals or prepared food, including beverages and confections, are served to customers for consumption on or off the premises. Such a facility may include indoor and outdoor seating, but no drive-through service.

RESTORATION PLAN

A drawing that shows the type, size, number, and location of trees and other landscaping material that will be planted on a piece of property by an owner or developer to replace trees that have been removed without or in violation of a tree removal permit.

RETAIL SALES AND SERVICE

See Section 4.2.5(I), Retail Sales and Service.

RETENTION

The collection and storage of runoff without subsequent discharge to surface waters.

RIGHT-OF-WAY

See Section 5.2.2(A)(3), Right-of-Way.

R-O-W (RIGHT-OF-WAY) LINE

The line that outlines the area owned or maintained by the City, County, the State of Florida, federal government, a public utility, a railroad, or a private concern for the placement of such utilities and/or facilities for the passage of vehicles or pedestrians, including roads, streets, pedestrian walkways, utilities, or railroads.

ROADWAY FUNCTIONAL CLASSIFICATION

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

ROLLED PLASTIC

A type of fencing material composed of plastic that is mounted to fence posts.

ROOF LINE

The top edge of the roof or parapet, whichever forms the top line of the building silhouette when viewed from the ground level.

ROOMING HOUSE

Rooming house means any dwelling, or that part of any dwelling containing one (1) or more rooming units, in which space is let by the owner or operator to three (3) or more persons who are not related.

ROOT AERATION SYSTEM

Vertical pipe(s) or drain(s) installed at various intervals under tree canopy to allow for the exchange of air and gases. This procedure is normally used when backfill is added to a location under the tree canopy.

RURAL AGRICULTURAL CORPORATE RETREAT

A use compatible to the primary land use of agriculture, horticulture, animal husbandry, open space and/or historic preservation, which is engaged in the study, testing, design, invention, evaluation, and development of new technologies, techniques, processes, or services. Rural Agricultural Corporate Retreats are to be utilized for basic and applied research wherein the scientific inquiry process is conducted in a manner similar to that of institutions of higher learning. Rural Agricultural Corporate Retreat facilities may include facilities for associated training programs, seminars, conferences, and related activities. No outdoor storage related to the corporate retreat use is permitted. No on-site retail or wholesale sales are permitted.

SAFETY FENCES

A solid and substantially built fence intended as a means of protection or security and designed to separate on-site and off-site areas.

SALES ESTABLISHMENTS, GENERAL

Commercial enterprises that provide goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Examples include stores selling, leasing, or renting consumer, home, and business goods such as art, art supplies, bicycles, cameras, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries and food sales, hardware, home improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationary, and videos.

SALES OFFICE

A room or group of rooms used for conducting the sales affairs of a business.

SALVAGE AND JUNK YARD

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

SANITARY SEWER

Structures or systems designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants, and disposal systems.

SANITARY SEWER FACILITIES

Structures or systems designed for the collection, transmission, treatment, or disposal of sewage, including trunk mains, interceptors, treatment plants, and disposal systems.

SAWMILL

A mill for sawing timber or logs into boards or lumber.

SCHOOL

A public or private institution at the elementary, middle, or high school level that provides educational instruction to students, but not including an establishment primarily for the instruction of adults, a day-care, a day-care home, a child care center, or an in-home school for the purposes of instructing children of the family residing in the household.

SECONDARY CONSERVATION AREAS

As used in Section 7.9, Conservation Subdivision, the geographic area occupied by conservation features that occupy a lower priority for conservation and protection than Primary Conservation Areas, but which are still required to be protected from development, including historic, archeological, and cultural resources, mature forests, natural fields, prime agricultural lands, scenic corridors, and areas that could be utilized to extend existing recreation areas.

SECONDARY CONTAINMENT

Physical structures such as curbing, trays, double-walled tanks, spill pallets or other structural controls used to prevent the release of a spill of Regulated Substances to the environment. Physical containment systems should be capable of containing 110 percent of the volume of the largest container or storage system within the containment area.

SECONDARY WELLHEAD OR WELL FIELD MANAGEMENT ZONE

The protective zone surrounding the Primary Wellhead or Well Field Management Zone and extending outward to a distance defined by:

(1)

Arbitrary radius from the well or well field, or

(2)

Geologic boundaries defined elsewhere, such as the recharge area, the unconfined area, etc., or

(3)

A Drawdown Contour, or

(4)

A Travel time Contour, such as the 365-day travel time contour or 10-year travel time contour.

SEDIMENT

The mineral or organic particulate material that is in suspension or has settled in surface or ground waters.

SELF-SERVICE STORAGE

A building divided into sections for use for storage of items, either temporary or long-term, and not to be used for any other purpose (such as small offices, garages, etc.). Also called "mini-warehouse." See also Section 4.2.5(J).

SENIOR CENTER

A facility where older adults come together for services and activities that reflect their experience and skills, respond to their diverse needs and interests, enhance their dignity, support their independence, and encourage their involvement in and with the center and the community.

SEX SHOP

An establishment offering goods for sale or rent and that meets any of the following tests:

1. It offers for sale items from any two (2) of the following categories: sexually oriented media; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items make up more than 10 percent of its stock in trade or occupies more than 10 percent of its floor area; or

2. More than five (5) percent of its stock in trade consists of sexually oriented toys or novelties; or

3. More than five (5) percent of its gross public floor area is devoted to the display of sexually oriented toys or novelties.

SEXUAL CONDUCT

The engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of arousing or gratifying the sexual desire of another person.

SEXUALLY EXPLICIT MEDIA

Magazines, books, videotapes, movies, slides, CD-Roms, or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas.

SEXUALLY ORIENTED BUSINESS

An inclusive term used to describe collectively: sexually oriented cabaret; sexually oriented media store, sexually oriented motion picture theater; sex shop, motion picture arcade; bathhouse; and massage parlor or shop and/or sex shop.

SEXUALLY ORIENTED CABARET OR SEX ORIENTED CABARET

A building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibiting of specific sexual activities or specified anatomical areas for observation by customers therein.

SEXUALLY ORIENTED CINEMA, SEXUALLY ORIENTED MOTION PICTURE THEATER, OR SEX ORIENTED CINEMA

A cinema or motion picture theater that shows hard-core features on more than half the days that it is open, or that is marketed as or offers features described as "adult," "XXX," or sexually oriented.

SEXUALLY ORIENTED MEDIA STORE

An establishment that rents and/or sells media, and that meets any of the following three (3) tests:

1. Thirty (30) percent or more of the gross public floor area is devoted to sexually explicit media;

2. Thirty (30) percent or more of the stock in trade consists of sexually explicit media;

3. It advertises or holds itself out in any forum as "XXX," "adult," "sex," or otherwise as a sexually oriented business other than a sexually oriented movie theater or sexually oriented cabaret.

SEXUALLY ORIENTED TOYS OR NOVELTIES

Instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

SHADE-CANOPY TREE

An evergreen or deciduous tree with the general growth habit of one primary trunk that can be maintained with a clear trunk of not less than six feet and with a spreading branching structure of at least 15 feet and opaque foliage habit such that a reasonably dense shade pattern is provided during peak daylight hours in the late spring, summer and early fall months of the year. For the purposes of this Chapter, palms shall not be considered shade/canopy trees.

SHOPPING CENTER

A group of retail stores and/or service establishments planned and developed as a unit by one operator, owner, organization or corporation for sale or for lease for the site upon which they are built.

SHRUB

A woody plant, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. Shrubs may be deciduous or evergreen.

SIDEWALK

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

SIGHT DISTANCE TRIANGLE

The horizontal and vertical areas at the intersections of streets and/or driveways which must remain unobstructed, in order to ensure that drivers can see traffic and pedestrians around the corner of the intersection, entrance or driveway.

SIGN

Any device, permanent or temporary, which is visible from a public place or to a public audience and which is designed to attract attention to the subject matter of its copy, shall be deemed to be a sign. Specifically excluded from this definition is any mural or painting or other artistic creation etched or painted on the wall of any structure, provided that the mural, painting or artistic creation contains no off-site or on-site advertising material. Further, flags or emblems of any nation, state or political subdivision or any other noncommercial entity shall not be considered signs. Interior signs, as hereinafter defined, are not regulated by this Code.

SIGN, ABANDONED

Any nonconforming on-premises sign or sign structure which bears no sign or copy for a period of six (6) consecutive months; or displays for a period of six (6) consecutive months information which incorrectly identifies the business, owner, lessor, or principal activity conducted on the site; or which through age, lack of maintenance or obsolescence no longer conforms to the applicable structural or maintenance standards.

SIGN, ACTIVATED

Any sign which contains or uses for illumination any light, lighting device, or lights which change color, flash, or alternate; or change appearance of said sign or any part thereof automatically; any sign which contains moving parts as part of its normal operation, such as rotating signs, shall be considered an activated sign. Additionally, a sign that depicts or contains copy which moves or appears to be moving, or emits audible sound, vapor, smoke, odor particles, or gaseous matter. Activated sign shall not include an electronic reader board or similar sign.

SIGN, ADVERTISING BALLOON

A sign constructed from nonporous material, which is inflated and is designed to rise and float in the atmosphere. Included in this definition are those advertising balloons that represent the form of a person, place or thing. Aircraft that may meet this definition are not considered advertising balloons. Advertising balloons may be tethered or tied to the ground or may be designed to float freely in the atmosphere.

SIGN, ALTER

This term shall include, but not be limited to, the following: the addition of sign surface area, the changing or relocation of light source, or the relocation of an outdoor advertising display from one position to another. "Alter" includes any and all structural changes in the sign, but shall not include the changing of copy on a sign that is designed as a changeable copy sign, or faces.

SIGN AREA, AGGREGATE

When used in reference to the total allowable sign surface area, the total available display area of all sides or portions of a sign.

SIGN, AWNING

A shelter supported entirely from the exterior wall of a building and composed of non-rigid materials (except for the supporting framework) upon which a sign is indelibly drawn, painted or printed.

SIGN, BANNER

Any sign intended to be hung either with our without frames, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. A sign made of canvas or other approved flexible materials with or without a structural frame and attached to a building, canopy, pole, or other structure. Banner does not include ground signs or pole signs, regardless of whether the ground signs or pole signs are on-site or off-site, and does not include flags, emblems, or insignia or any nation, state or political subdivision, religious, charitable, political, social or fraternal organization. All other flags shall be considered banner signs.

SIGN, BENCH

A bench whose primary purpose is collateral with providing transportation service to the public upon which a sign is indelibly drawn, painted, or printed.

SIGN, CANOPY

A roof-like cover, attached or unattached, extending from the exterior wall of a building and composed of supporting framework of rigid materials upon which a sign is indelibly drawn, painted or printed.

SIGN, CHANGEABLE COPY

Any framed sign, illuminated or not, which is principally devoted to and designed for changeable text and graphics. This definition shall not include activated signs.

SIGN, COLONNADE

A sign suspended below the roof of a covered walkway, perpendicular to the façade of the structure, oriented to pedestrians and identifying the premises adjacent to it.

SIGN, CONSTRUCTION

Any sign giving the name of contractors, architects, consultants and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

SIGN COPY

The letters, colors, text, or other graphics that comprise the message displayed on the sign surface area.

SIGN, DIRECTIONAL

Any permanent or temporary sign which is used principally for the purpose of indicating the direction or location of any object, place, event or area including, but not limited to, those signs which indicate the avenues of ingress and egress from a particular premises, and bearing no additional advertisement beyond the name of the object, place or area. Directional signs shall not contain names, addresses or occupations of tenants.

SIGN, DIRECTORY

A sign which gives the name, address or occupation of the tenants of a building, including office directories; church directories; and shopping center, apartment, or townhouse directories.

SIGN, DOUBLE-FACED

A sign having two (2) display surfaces not necessarily displaying the same copy, which are parallel, back-to-back, and not more than forty-eight (48) inches apart.

SIGN, EXEMPT

All signs for which permits are not required but which must, nonetheless, conform to the other terms and conditions of this Code.

SIGN FACE

The part of a sign on which the copy or message is or could be placed.

SIGN, FASCIA

See Wall Sign.

SIGN, FESTOON

Fabric, paper, plastic or foil draped and bound at intervals.

SIGN, FREESTANDING

A sign which is supported by one or more poles, pylons, columns, platforms, uprights, or braces in the ground and is not attached to a building or structure. Also known as a ground sign or monument sign.

SIGN, GOVERNMENT

Any sign erected by or on the order of a public official in the performance of his office or duty such as, but not limited to, traffic control signs, street name signs, warning and directional signs, public notices, historical markers, signs identifying governmental facilities, official commemorative signs, or signs of similar nature.

SIGN, GROUND

Any sign other than a pole sign which is placed upon or supported by structures or supports in or upon the ground and independent of support from any building. The base shall touch the ground and continue to top of the sign without any openings, and the finish shall be consistent with materials used on the building that the sign serves. "Ground signs" shall include monument signs.

SIGN HEIGHT

The vertical distance measured from the finished grade at the base of the sign structure to the highest point of any sign. An elevation survey must be submitted with all applications for permanent on-site and off-site signs.

SIGN, IDENTIFICATION

A sign that depicts the name or address of a building or establishment on the parcel where the sign is located as a means of identifying said building or establishment.

SIGN, ILLEGAL

Any sign erected without a permit subsequent to the enactment of the Zoning Ordinance in 1973 or otherwise in violation of City, county, state, or federal regulations shall be considered illegal signs.

SIGN, ILLUMINATED

An illuminated sign is one which either: (a) provides artificial light through exposed bulbs, lamps, or luminous tubes on the sign surface; (b) emits light through transparent or translucent material from a source within the sign; or (c) reflects light from a source intentionally directed upon it.

SIGN, INCIDENTAL

A sign generally informational, that has a secondary purpose to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and similar information and directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.

SIGN, INTERIOR

A sign that is located in the interior of a structure or is located outside a structure but, because of the sign's placement, design or orientation is not visible to persons from a public place. An interior sign is not considered an on-site or off-site sign.

SIGN, MARQUEE

Any sign which is attached to or hung from a permanent, roof-like structure (marquee) that is supported by a building wall and which projects out from the building line usually but not necessarily over a public right-of-way such as a sidewalk.

SIGN, MEMORIAL

Any sign erected in remembrance of a person or event or which is commemorative in nature.

SIGN MODEL

A temporary sign that designates particular dwelling units and is used to depict other units of similar design that are for sale.

SIGN, MONUMENT

A monument sign is a free standing structure which must appear to be continuous to its foundation. All monument signs require a building permit.

SIGN, MULTIPRISM

Signs made with a series of triangular vertical sections that turn and stop to show three pictures or messages in the sign surface area.

SIGN, NO DUMPING

A sign having copy that includes the words "no dumping" and which is designed to inform the public that permission to place any putrescible or non-putrescible material or other solid or liquid waste is expressly denied.

SIGN, NO TRESPASSING

A sign having copy that includes the words "no trespassing" and which is designed to inform the public that permission to enter a parcel of land or structure is expressly denied.

SIGN, NONCONFORMING

Any sign lawfully in existence within the City of Dade City on the effective date of this Code that does not conform to the requirements of this Code. An illegal sign shall not be considered to be a nonconforming sign.

SIGN NUMBER

For the purpose of determining the number of signs, a sign shall be construed to be a single display surface or device containing elements organized, related, and composed to form a single unit. In cases where material is displayed in a random or unconnected manner, or where there is reasonable doubt as to the intended relationship of such components, each component or element shall be considered to be a single sign. A projecting sign or ground sign with sign surface on both sides of such sign shall be construed as a single sign, and the total area of such sign shall be the area computed on a single side of the sign.

SIGN, ON-SITE (aka ON-PREMISES SIGN)

A sign containing copy relating only to the principal business, product, service, or activity conducted or sold on the same lot or parcel of record as that on which the sign is located or a noncommercial message.

SIGN, OUTDOOR ADVERTISING (aka BILLBOARD, OFF-SITE SIGN, OFF-PREMISES SIGN)

A sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced, manufactured, or furnished at the property on which the sign is located.

SIGN, PERMANENT

A permanent sign is one which is affixed to a building or the ground in accord with the requirements of the City of Dade City Building Code and any other applicable federal, state, or local laws, and in such a manner as to be immobile without the use of extraordinary means such as disassembly.

SIGN, POLE

A sign, independent of support from any building that is mounted on freestanding poles or other supports.

SIGN, POLITICAL

A sign identifying and urging support for or opposition to a particular issue, political party, or candidate for public office.

SIGN, PORTABLE

Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs made of A-frames or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for commercial messages; and, signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicle is used in the normal day-to-day operations of the business.

SIGN, PROJECTING

Any sign which is attached to and which projects from the outside wall of any building or structure, excluding wall signs as defined herein.

SIGN, REAL ESTATE

A sign which advertises the sale, rental, or development of the parcel upon which it is located.

SIGN, REVOLVING (a/k/a ROTATING SIGN)

Any sign so erected or constructed as to periodically or continuously change the direction toward which any plane containing the display surface area is oriented.

SIGN, ROOF

A sign erected, constructed, or maintained on the roof of a building or structure above the eaves, or above the mansards, parapets, or other similar architectural features of buildings or structures. Roof signs are prohibited.

SIGN, SANDWICH BOARD

A temporary, portable sign consisting of two panels, hinged or otherwise joined together at the top and designed to be self-supporting by placement on the ground in the shape of an inverted "V".

SIGN, SNIPE

A sign made of any material when such sign is tacked, nailed, posted, glued, or otherwise attached to any pole, tree or other natural feature, fence, fence post, bench, stakes, other sign or other similar objects located on public or private property. A snipe sign does not include real estate sales signs, warning signs or open house signs.

SIGN, SOLD

A strip of wood or like material or paper affixed to, around or upon real estate sign to indicate that the property being advertised is no longer offered for sale.

SIGN, SPECIAL EVENT

A sign, not within the scope of another defined term of this Section, advertising a temporary event sponsored by a public, social, charitable, educational, religious or other nonprofit institution.

SIGN STRUCTURE

Any structure that is designed specifically for the purpose of supporting a sign, has supported, or is capable of supporting a sign. This definition shall include any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure.

SIGN, SUBDIVISION

Any community entry sign that is designed solely to identify a subdivision or neighborhood, including but not limited to industrial and commercial parks, multi-family projects, and single-family residential development.

SIGN, SUBSTANTIAL DAMAGE

Damage of any origin sustained by a sign where the cost of restoring the sign to its condition prior to damage would equal or exceeds fifty percent (50%) of the adjusted replacement cost of the sign before the damage occurred, as assessed through current Marshall & Swift construction cost data publications.

SIGN SURFACE AREA

The surface area of a sign is the entire area within the periphery of a regular geometric form, or combination of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, but not including the sign structure bearing no copy. The surface area of the sign shall be measured from the outside edges of the sign or the sign frame, whichever is greater. The sign surface area shall include the aggregate sign area upon which copy could be placed, and shall include the total of both sides of a sign surface upon which copy could be placed.

SIGN, TEMPORARY

Any sign that is used only for a short, specifically limited time and that is not permanently mounted.

SIGN, VEHICLE

Any sign attached to or placed on a vehicle, including automobiles, trucks, boats, campers, and trailers, that is parked on or otherwise utilizing a public right-of-way, public property or on private property so as to be intended to be viewed from a vehicular right-of-way for the purpose of providing advertisement of products or services or directing people to a business or activity. This definition is not to be construed to include those signs that identify a firm or its principal products on a vehicle or such advertising devices as may be attached to and within the normal unaltered lines of the vehicle of a licensed transit carrier, when and during that period of time such vehicle is regularly and customarily used to traverse the public highways during the normal course of business.

SIGN, WALL (a/k/a FASCIA SIGN)

A sign that is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane to the plane of the building façade or wall and which does not project more than eighteen (18) inches from such building. This definition shall include the painting of a sign on a wall surface.

SIGN, WARNING

Any sign which is designed to provide public notice of a clear and present danger to public health, safety, and welfare.

SIGN, WINDOW

A window sign is one that is painted on, attached to, or visible through a window (excluding displays of merchandise), which identifies or advertises activities, services, goods, or products available on the parcel.

SILVICULTURE

The planting, care, cultivation, and harvesting of forest trees.

SINGLE OCCUPANCY PARCEL

Any parcel that is occupied by a single establishment.

SINKHOLE

A closed depression in the land surface formed by solution of the underlying limestone.

SITE LANDSCAPING

Required vegetative material consisting of trees and shrubs which are placed on a development site to soften built edges and provide transitions.

SITE AND CONSTRUCTION PLAN

An engineering review, approved with conditions, or denied by the Development Review Committee in accordance with Section 2.4.8, Site and Construction Plan.

SITE-SPECIFIC AMENDMENTS TO THE OFFICIAL ZONING MAP

An application for adjustment to the Official Zoning Map reviewed and approved, approved with conditions, or denied by the City Commission in accordance with Section 2.4.2, Site-Specific Amendments to the Official Zoning Map.

SITE WORK

Those construction activities that are done to the ground surface of a construction site for the construction of a structure or that are done in conjunction with the construction of a structure. Site work included, but is not limited to, changing the grade of the ground surface; excavation; adding earth material fill; compaction; constructing parking lots and driveways; striping or parking directional arrows in parking and driveway areas; constructing sidewalks or walkways; erecting walls or fences; installing utility poles, or running wires from pole to pole or from pole to structure; installing underground utilities, including electric, gas, phone, sewer, or water lines; erecting signs; installing trash dumpster pads; and, removing trees.

SOIL SURVEY

The United States Department of Agriculture, Soil Conservation Service Soil Survey for Pasco County, Florida.

SOURCE OF LIGHT

A single artificial point of luminescence that emits measurable radiant energy in or near the visible spectrum.

SPECIAL EVENT PERMIT

A permit reviewed and approved, approved with conditions, or denied by the Development Review Committee in accordance with Section 2.4.13, Special Event Permit.

SPECIAL EXCEPTION

A special exception is a use that would not be appropriate generally or without restriction throughout a zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or the general welfare.

SPECIALTY EATING ESTABLISHMENT

Establishments selling specialty food items that normally do not constitute a full meal including but not limited to: ice cream parlors, dessert cafes, snack shops, juice and coffee houses, and bakeries.

SPECIES OF TREES

Trees possessing common distinctive characteristics and the ability to reproduce these characteristics.

SPECIFIED ANATOMICAL AREAS

Includes: (1) less than completely and opaquely covered: human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPILL

See definition of Discharge.

STABLE

A facility for the keeping of horses for the private use of the residents of the lot. Such facility may include the commercial boarding of 10 or fewer horses and no more than one (1) instructor engaged for the purpose of educating and training students in equitation.

STACKING/STANDING AREA

A portion of the parking lot on a site which is dedicated to the temporary storage or "standing" of vehicles engaged in drive-through use of the site or development. Parking or storage of vehicles is not permitted within the stacking/standing area.

STANDARD PUBLIC HEARING

A public hearing conducted by a review or decision-making body in accordance with Section 2.3.2, Standard Public Hearings.

START OF CONSTRUCTION

Substantial improvement, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the date the building permit was issued. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and 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 structure.

STATE

The State of Florida.

STORAGE SYSTEM

Any tank, container, drum or storage component including all integral piping or pumping equipment used or designed to be used for the storage of a Regulated Substance.

STORMWATER

The flow of water that results from and that occurs immediately following a rainfall.

STORMWATER MANAGEMENT DEVICE

The system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey stormwater through and from a given drainage area.

STORMWATER MANAGEMENT SYSTEM

A system designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through, and from a site.

STORMWATER RUNOFF

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

STREET

A public or private roadway which affords the principal means of access to abutting property. Street includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of ingress or egress regardless of the descriptive term used.

STREET, ARTERIAL

A street which carries large volumes of traffic over long distances and is functionally classified as such on the Future Traffic Circulation Map of the Comprehensive Plan.

STREET, COLLECTOR

A street which serves as the connecting link for local streets and arterials. The traffic characteristics generally consist of relatively short trip lengths with moderate speeds and volumes. In addition, collectors are so functionally classified as such on the Future Traffic Circulation Map of the Comprehensive Plan.

STREET, CUL-DE-SAC

A street with a single means of ingress and egress with a turnaround at the terminus.

STREET, DEAD END

A street with a single common ingress and egress.

STREET FRONTAGE

The distance for which a lot line adjoins a public or private street from one (1) lot line intersecting said street to the furthest lot line intersecting the same street.

STREET FUNCTIONAL CLASSIFICATION

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

STREET LINE

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

STREET, LOCAL

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

STREET, LOOP

A street that originates and terminates at intersections with the same street.

STREET, MARGINAL ACCESS

A street, parallel and adjacent to an existing street, providing access to abutting lots.

STREET, PRIVATE

A way of access to two (2) or more properties which is open to vehicular ingress and egress, owned and maintained by affected property owners, but which is not considered to be a driveway.

STREET, PUBLIC

Any street or road owned or maintained by a unit of government.

STREET TREES

Canopy trees planted or existing along either side of street/road rights-of-way.

STRUCTURE

Has the meaning as defined in Chapter 163.3164 and Chapter 380.31, Florida Statutes.

SUBDIVIDER

Any person dividing or proposing to divide land so as to constitute a subdivision as herein defined, including a developer or an agent of a developer.

SUBDIVISION

The division of a parcel of land, whether improved or unimproved, into three (3) or more lots or parcels of land, for the purpose of transfer of ownership, whether by deed, metes and bounds description, devise, lease, map, plat or other recorded instrument, or if the establishment of a new street is involved, any division of such parcel. The term shall not mean the division of land into parcels of more than five (5) acres not involving any change in street lines; the transfer of property by sale or gift or testate succession by the property owner to the property owner's spouse or lineal descendants; or the transfer of property between tenants in common for the purpose of dissolving the tenancy in common among those tenants. The term includes a re-subdivision and, when appropriate to the context, relates to the process of subdividing.

SUBDIVISION, MAJOR

Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extension, the expansion of any existing street or road, the extension of local government facilities, or the creation of any public improvements.

SUBDIVISION, MINOR

Any subdivision containing not more than seven (7) lots fronting on an existing street, which does not involve: (a) the establishment of a new street or road; (b) the expansion of existing streets or roads; (c) the extension of local government facilities; (d) the creation of any public improvements; (e) does not adversely affect the remainder of the parcel or adjacent property; and (f) is not in conflict with any provision or portion of the Comprehensive Plan or these LDRs.

SUBDIVISION PRELIMINARY PLAN

An application for preliminary approval of a Major Subdivision reviewed and approved, approved with conditions, or denied by the City Commission in accordance with Section 2.4.7(G), Major Subdivision.

SUBDIVISION VARIANCE PERMIT

A permit reviewed and approved, approved with conditions, or denied by the City Commission in accordance with Section 2.4.5(D), Subdivision Variance Permits.

SUBSTANTIAL CONSTRUCTION

The point in development when all required permits necessary to continue the development have been obtained and actual construction of potable water, sanitary sewer lines, streets, or stormwater management systems, on such portion of the development is complete or progressing in a manner that moves the entire development towards completion.

SUBSTANTIAL IMPROVEMENT

For a structure built prior to the enactment of these LDRs repair, reconstruction, or improvement of a structure the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started. Substantial improvement is considered to occur when the first alteration on any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places.

SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISIONS

The repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

SUBSTATION FOR FIRE AND POLICE

Any building or part of a building that is designated by the chief of police or sheriff to be used as a police or sheriff's station or substation and at which duly authorized officers perform law enforcement functions.

SURFACE WATER

Water above the surface of the ground whether or not flowing through definite channels, including the following:

(1)

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

(2)

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

(3)

Any wetland.

SURFICIAL AQUIFER SYSTEM

Surficial aquifer system means the permeable hydrogeologic unit contiguous with land surface that is comprised principally of unconsolidated to poorly indurated clastic deposits. It also includes well-indurated carbonate rocks, other than those of the Floridan Aquifer System where the Floridan is at or near land surface. Rocks making up the surficial aquifer system belong to all or part of the upper Miocene to Holocene Series. It contains the water table and water within it is under mainly unconfined or locally confined conditions; however, beds of low permeability may cause semi-confined or locally confined conditions to prevail in its deeper parts. The lower limit of the surficial aquifer system coincides with the top of laterally extensive and vertically persistent beds of much lower permeability. Within the surficial aquifer system, one (1) or more aquifers may be designated based on lateral or vertical variations on water bearing properties.

SURVEYOR, LAND

A land surveyor registered under Chapter 472, Florida Statutes, as amended, who is in good standing with the Florida Department of Business and Professional Regulations.

TANDEM PARKING

See Parking, Tandem.

TAXICAB SERVICE

A service that offers transportation in passenger automobiles and vans to persons.

TEMPORARY USE PERMIT

A permit reviewed and approved, approved with conditions, or denied by the Development Review Committee in accordance with Section 2.4.10, Temporary Use Permit.

TEMPORARY VEHICLE STORAGE

A use established for thirty (30) days or less for the purpose of storing, or covering a motor vehicle with the intent to discontinue such use at the end of the thirty day period.

TEXT AMENDMENT

A request to amend or revise the text of these LDRs reviewed and approved, modified, or denied by the City Commission in accordance with Section 2.4.1, Text Amendments and General Amendments to the Official Zoning Atlas.

TIME OF TRAVEL

The time required for ground water to move from a specific point to a well. This is typically determined by analytical or numerical modeling.

TIRE DISPOSAL OR RECYCLING

A facility which disposes of or recycles waste tires or waste tire residuals.

TIRE SALES AND MOUNTING

An establishment where the principal business is the sale or installation of new, used, or retread tires and tubes.

TOOL REPAIR

An establishment which repairs tools for compensation.

TOPPING, TOPPED OR TOP

The severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.

TOURIST HOME

A building, or part thereof, other than a motel or hotel, where sleeping accommodations only are provided for transient guests with daily charge, without service of meals, and which also serves as the residence of the operator.

TOWER

For the purposes of Section 4.3.2(I)(1), any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antenna for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

TOWING SERVICE

An establishment that provides services for the removing of an automobile by towing, carrying, hauling, or pushing from public or private property. Towing services may be provided as part of an "automobile servicing" use. Towing services shall not include the outdoor storage of towed vehicles, unless they are part of an automobile servicing use.

TOWNHOUSE AND ROWHOUSE

Three or more single-family structures separated by party walls or separated by not more than one inch from another townhouse.

TRANSMISSION OR MUFFLER SHOP

An establishment where the principal business is the sale or installation of transmissions or mufflers.

TRANSPLANT

The act of digging up a tree from one location and planting the same tree in another place.

TRANSPORTATION

See Section 4.2.3(I).

TREE

A self-supporting, woody perennial plant, usually with one (1) vertical stem or main trunk, which naturally develops a distinct, elevated crown and provides, at maturity, natural characteristics of the species.

TREE BANK

The storage for future use of trees and which are donated to the City for its use. Fees collected in lieu of tree replacement will also become part of the tree bank to purchase trees for use on City property.

TREE, CANOPY

Any self-supporting woody plant of a species that normally achieves an overall height at maturity of 30 feet or more.

TREE, CHAMPION

Those trees that have been identified by the Florida Division of Forestry as being the largest of their species within the State of Florida or by the American Forestry Association as the largest of their species in the United States. A champion tree is a regulated tree.

TREE CLUSTER

Two or more primary tree trunks that are within three feet of one another.

TREE, DECIDUOUS

A tree which drops its foliage annually before becoming dormant.

TREE, EVERGREEN

A tree with foliage that is not dropped, or which remains green throughout the year.

TREE, HERITAGE

Trees with a diameter of at least thirty (30) inches or seven (7) feet ten (10) inches in circumference, whichever dimension is lesser; measured at a point four and one-half (4 ½ ) feet above ground level. A heritage tree is a regulated tree.

TREE, ORNAMENTAL

See "Tree, Understory."

TREE, PROTECTED

Any tree growing within the tree protection area.

TREE PROTECTION AREA

The portion of a development site located under a tree canopy area to be retained during the development process (See Section 6.2: Tree Protection and Landscape Standards).

TREE, REGULATED

Any living tree which is ten (10) inches or more in diameter or two (2) feet in circumference, whichever dimension is lesser, measured at a point four and one-half (4 ½) feet above ground level. This definition shall not include any species of pine tree, or nuisance trees regardless of size. Heritage trees and champion trees are regulated trees.

TREE REMOVAL PERMIT

A permit reviewed and approved, approved with conditions, or denied by the Development Review Committee in accordance with Section 2.4.14, Tree Removal Permits.

TREE, REPLACEMENT

Those species of trees which may be replanted for any of the replanting requirements of Section 6.2.1, Tree Protection Standards.

TREE, SHADE

See "Tree, canopy."

TREE, STREET

Canopy or shade trees planted at regular intervals within or adjacent to existing street rights-of-way.

TREE, UNDERSTORY

A tree that has an expected height at maturity no greater than 30 feet.

TRUCK OR FREIGHT TERMINAL

A use where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed.

TRUCK RENTAL AND SALES

An establishment where new or used trucks are displayed for sale, lease, or rental.

TRUCK STOP

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

UNCONFINED AQUIFER

An aquifer which has a freely fluctuating water table as its upper boundary.

UNIFORMITY RATIO

A measurement of the relative difference in illumination values, at ground level, between differing exterior lighting sources on a single property.

USE

The purpose for which land or water or a structure thereon is designed, arranged or intended to be occupied or utilized or for which it is occupied or maintained.

UTILITY, MAJOR

Infrastructure services providing regional or community-wide service that normally entail the construction of new buildings or structures such as water towers, waste treatment plants, potable water treatment plants, solid waste facilities, and electrical substations.

UTILITY, MINOR

Infrastructure services that need to be located in or near the neighborhood or Use Type where the service is provided. Examples of Minor Utilities include water and sewage pump stations, storm water retention and detention facilities, telephone exchanges, and surface transportation stops such as bus stops and park-and-ride facilities.

UTILITY STRIP

A strip of ground typically located between the sidewalk and the back of curb or edge of pavement of a public or private street. The utility strip is usually intended for the placement of underground or above ground utilities.

VARIANCE

A grant of relief from the requirements of these LDR's which permits construction in a manner otherwise prohibited by these LDR's where specific enforcement would result in unnecessary hardship

VEHICLE DISPLAY PAD

An area, frame, or other device where automobiles or other vehicles are displayed for the purposes of sale.

VEHICLE, MOTOR

Any self-propelled vehicle not operated upon rails or guideways, but not including any bicycle, motorized scooter, electric personal assistance mobility device, or moped.

VEHICLE, RECREATIONAL

A vehicle type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own mode of power or is mounted on or drawn by another vehicle. Includes the following type vehicle units:

(1)

Travel trailer (including fifth-wheel travel trailers): Vehicular transportable unit identified by the manufacturer as a travel trailer, whether mounted on wheels or not, designed and constructed primarily to provide temporary living quarters for recreational, camping or travel use.

(2)

Motor home: Vehicular unit built upon a self-propelled motor vehicle chassis primarily designed to provide temporary living quarters for recreational, camping or travel use.

(3)

Pick-up coach/Truck camper: Portable unit designed to be loaded onto or affixed to a pick-up or other truck chassis and constructed to provide temporary living quarters for recreational, camping or travel use.

(4)

Camping trailer: Vehicular transportable unit mounted on wheels and constructed with collapsible partial sidewalls which fold or collapse for towing by another vehicle to provide temporary living quarters for recreational, camping or travel use.

(5)

Park model trailer: Vehicular transportable unit having a body width not exceeding 14 feet built upon a single chassis designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. Total area in set-up mode shall not exceed 500 square feet when measured from the exterior surface of the exterior walls at the distance of maximum dimension. Bay windows or other extensions reaching the floor level shall be included within area calculations.

(6)

Boat: Vessel designed to travel on water, and includes but is not limited to jet skis, personal watercraft, canoes and kayaks.

(7)

Boat trailer: Trailer designed to haul a boat as defined above.

(8)

Utility trailer: Trailer designed to haul items on an incidental basis and not intended for commercial or business use.

VERY LOW INCOME HOUSEHOLD

One or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.

VESTED RIGHTS CERTIFICATE

A permit reviewed and approved, approved with conditions, or denied by the City Commission in accordance with Section 2.4.21, Vested Rights Certificate.

VETERINARY CLINIC

A facility for the care and treatment of animals, including household pets. Such facilities may be entirely indoors or may have both indoor and outdoor components.

VETERINARY SERVICES

A service characterized by the care and treatment of small animals, including household pets.

VINE

Any plant with a long, slender stem that trails or creeps on the ground or climbs by winding itself on a support.

VISITOR ACCOMMODATIONS

See Section 4.2.5(M).

VOCATIONAL SCHOOL

A specialized instructional school that provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair.

WALL

As used in required landscaping, a structure used to delineate a boundary or act as a barrier or means of protection, confinement, or screening.

WAREHOUSE AND FREIGHT MOVEMENT

See Section 4.2.5(N).

WAREHOUSE (DISTRIBUTION)

A use engaged in distribution of manufactured products, supplies, and equipment.

WAREHOUSE (STORAGE)

A use engaged in storage of manufactured products, supplies, and equipment excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive.

WASTE COMPOSTING

Uses where solid wastes are composted using composting technology. Accessory uses may include offices and repackaging and transshipment of by-products.

WASTE-RELATED SERVICES

See Section 4.2.5(O).

WATER, NON-POTABLE

Water which is not certified as fit for human consumption and tested to meet all the State and Federal guidelines for public supply.

WATER, POTABLE

Water that has been treated, tested and certified as fit for human consumption and that meets all of the State and Federal guidelines.

WATER PURVEYOR

Authority providing drinking water to the community.

WATER SYSTEM, POTABLE

Water system designed for the sole purpose of providing drinking water.

WATERCOURSE

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

WATERFRONT SETBACK LINE

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

WATERWELLS

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

WELL

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

WELLHEAD PROTECTION AREA (WHPA)

A zone or zones surrounding a well or group of wells which has (have) been delineated as an area where special protective measures will be implemented to protect the quality of water contributing to the well(s).

WETLAND

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The delineation of wetlands has been defined by the uniform statewide methodology adopted by the Florida Department of Environmental Protection and Water Management Districts as outlined in Rule 62-340, Florida Administrative Code, as the rule exists on January 1, 2001. The City shall not be limited by the threshold or connection requirements utilized by these agencies for purposes other than delineation.

WHOLESALE SALES (ALL USES)

Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. Wholesale establishment does not include office or retail sales of business supplies/office equipment.

WINDOW

An opening to the outside other than a door which provides all or part of the required natural light, natural ventilation, or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to the provision of natural light.

WIRELESS TELECOMMUNICATION ANTENNA

Any apparatus designed for the transmitting and/or receiving of electromagnetic waves which includes but is not limited to telephonic, radio or television communications. Types of antennas include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM and TV), yaggie, or parabolic (dish) antennas.

WIRELESS TELECOMMUNICATION ANTENNA, COLLOCATION

Collocation is a situation in which two or more different wireless communication service providers place wireless communication antenna(s) and/or other wireless communications equipment on a common antenna-supporting structure (building, tower, or other stationary device).

WIRELESS TELECOMMUNICATION ANTENNA, PLACEMENT ON EXISTING STRUCTURE

The placement of a wireless telecommunication antenna on an existing business use or multi-family building with eight (8) or more dwelling units as a permitted use.

WIRELESS TELECOMMUNICATION TOWER, ALTERNATIVE TOWER STRUCTURE

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

WIRELESS TELECOMMUNICATION TOWER AND/OR ANTENNA, FREESTANDING

A structure erected on the ground and used primarily for the support of antennas for wireless telephone, and similar communication purposes and utilized by commercial, governmental, or other public or quasi-public users. The term includes microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term does not include private home use of satellite dishes and television antennas, or amateur radio operators as licensed by the FCC.

YIELD PLAN

A series of map and other documentation illustrating the planning process undertaken for a conservation subdivision. The Yield Plan includes a Site Analysis Map, a Conservation and Development Areas Map, a Conservation Plan, and a Preliminary Site Improvements Plan, as well as any supporting information.

YOUTH CLUB FACILITY

A boys' club, a girls' club, or any other facility that is not a school but which provides entertainment, recreation, crafts, tutorials or other quality of life enhancements for minors, whether a nonprofit facility or otherwise.

ZONE OF CONTRIBUTION

The area above and below the earth's surface which contributes ground water to a given well.

ZONE OF INFLUENCE

The area surrounding a pumping well within which the potentiometric surface has been drawn down by the action of the well.

ZONING VARIANCE PERMIT

A permit reviewed and approved, approved with conditions, or denied by the Board of Adjustment in accordance with Section 2.4.5(C), Zoning Variance Permits.

(Ord. No. 2019-10, § 4, 1-28-2020)

9.1.1 - Meanings and Intent

All provisions, terms, phrases, and expressions contained in these LDRs shall be construed according to the general purposes set forth in Section 1.3: General Purpose, and the specific purpose statements set forth throughout these regulations. When a specific section of these regulations gives a different meaning than the general definition provided in this Article 9, the specific section's meaning and application of the term shall control.

9.1.2 - Headings, Illustrations, and Text

In the event of a conflict or inconsistency between the text of these regulations and any heading, caption, figure, illustration, table, or map, the text shall control.

9.1.3 - Lists and Examples

Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

9.1.4 - Computation of Time

The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the City, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the City. References to days are calendar days unless otherwise stated.

9.1.5 - References to Other Regulations/Publications

Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.

9.1.6 - Delegation of Authority

Any act authorized by these LDRs to be carried out by a specific official of the City may be carried out by a designee of such official.

9.1.7 - Technical and Non-Technical Terms

Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

9.1.8 - Public Officials and Agencies

All public officials, bodies, and agencies to which references are made are those of the City of Dade City, unless otherwise indicated.

9.1.9 - Mandatory and Discretionary Terms

The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

9.1.10 - Conjunctions

Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

(A)

"And" indicates that all connected items, conditions, provisions or events apply; and

(B)

"Or" indicates that one or more of the connected items, conditions, provisions or events apply.