For the purposes of the zoning ordinance, certain terms used herein are herewith defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. The word "building" shall include the word "structure." The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used. The word "land" shall include water surface and land under water.

(Ord. No. 881, § 18.123, 6-26-2017)

Abandoned or discontinued sign or sign structure means a sign or sign structure is considered abandoned or discontinued when:

(1)

Its owner fails to operate or maintain a sign; or

(2)

Relating to a business that has not been operating for a period of six (6) months or longer.

The conditions under which a sign shall be considered abandoned and a failure to be operated or maintained are:

(1)

A sign which is blank;

(2)

A sign which is in disrepair;

(3)

A sign which no longer advertises or gives correct directions to a bona fide business conducted, a service performed or a product sold, or which is not being maintained.

Abandoned structures: If a nonconforming building or structure is abandoned for a continuous period of six (6) months or for an aggregate of eighteen (18) months during any thirty-six-month period, then the use of that building or structure shall not be reestablished and any subsequent use of the building or structure shall not be allowed until such building or structure is made to conform to the regulations of the height zoning district in which it is located.

Abandonment shall mean the permanent cessation of all uses of a communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "abandonment" of a facility in public rights-of-way.

Abutting property means any property that is immediately adjacent or continuous to, or immediately across any road or public right-of-way from the subdivision.

Accessory facility or structure means an accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including, but not limited to, utility or transmission equipment storage sheds or cabinets.

Accessory use or structure means a use or structure on the same lot, with, and of a nature customarily incidental and subordinate to, the principal use or structure.

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

Advertising display area means the advertising display surface area (copy area encompassed within any regular geometric figure which would enclose all parts of a sign).

Airport means the DeFuniak Springs Municipal Airport.

Airport hazard means any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29 and which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing or is otherwise hazardous to such taking off, maneuvering, or landing of aircraft and for which no person has previously obtained a permit or variance.

Airport manager means the person designated by the city manager to enforce the rules and regulations and oversee the operations and needs of the DeFuniak Springs Airport. The airport manager shall provide technical assistance to the zoning official regarding site plans, development, or construction applications, and requests for variances and appeals related to the airport height zone.

Alley means a narrow thoroughfare dedicated or used for public use upon which service entrances of buildings abut, which is not generally used as a thoroughfare by both pedestrians and vehicles, or which is not used for general traffic circulation, and is not otherwise officially designated as a street.

Alteration means alter or alteration shall mean any change in size, shape, character, occupancy, or use of a building structure.

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

Animated or moving sign means a sign or any part thereof which includes action, motion, or color changes, variations or changes in light intensity, or the optical illusion of action, motion, color changes, or variations or changes in light intensity, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn, or that changes physical position or light intensity by any movement or rotation that gives the visual impression of such movement or rotation.

Antenna means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to radio, television, cellular, paging, personal telecommunications services (PCS), microwave telecommunications and services not licensed by the Federal Communication Commission, but not expressly exempt from the city's siting, building and permitting authority.

Apartment building means a building which is used or intended to be used as a home or residence for three (3) or more families living in separate apartments.

Apartment, efficiency means a dwelling unit in a multiple dwelling, consisting of not more than one (1) habitable room, together with kitchen or kitchenette and sanitary facilities.

Apartment garage means a building designed and used exclusively for the housing of automobiles belonging to the occupants of an apartment building on the same premises.

Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this ordinance or a request for a variance.

Applicant means any wireless service provider submitting an application for a special use permit for wireless telecommunications facilities.

Application means all necessary and appropriate documentation that an applicant submits in order to receive a special use permit for wireless telecommunications facilities.

Approach surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 18-52(e) of this chapter. In the plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal and conical zones: These zones are set forth in section 18-52(d) of this chapter.

Architectural planter means a permanent container within which plantings may be placed to meet the requirements of this article.

Artwork means a two- or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed and is not a logo, servicemark, or trademark. All outdoor artwork shall conform to the maximum height and size restrictions in any particular zone in which it is located. All outdoor artwork shall also conform to any applicable building and safety standards.

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

Attached sign means any sign attached to, on, or supported by any part of a building (e.g., walls, awning, windows, or canopy), which encloses or covers useable space.

Automobile graveyard shall mean an establishment or place of business which is maintained or operated for the use of storing, keeping, buying or selling wrecked, scraped, ruined, or dismantled motor vehicles or motor vehicle parts.

Awning means a temporary or portable or permanent roof-like structure that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and may be periodically retracted into the face of the building.

Awning sign means a sign that is mounted, painted or attached to awning or other window or door canopy that is otherwise permitted by this ordinance. If the awning is translucent and backlit, the entire canopy may be considered to be sign area.

Balloon means a temporary sign in the shape of a bag made of lightweight, expandable material, filled with heated air or gas lighter than air so as to rise and float in the atmosphere, intended to be tethered to merchandise and float in the air at the end of three (3) feet or less of string or small gauge wire. Does not include "cold air inflatables" and is limited in height to a total of six (6) feet above the ground. Such balloons do not contain any advertising.

Banner means a temporary sign made of wind and weather resistant cloth or other lightweight material, intended to hang either with or without frames or in some other manner as not to be wind activated, and possessing characters, letters, illustrations, or ornamentations applied with paper, plastic or fabric of any kind that advertises a business opening or sales event or a community, neighborhood, or district event and is sponsored by a licensed business or legally authorized community agency or organization. Flags shall not be considered banners for the purpose of this definition.

Bar or saloon means any place devoted primarily to the retailing and drinking of malt, vinous, or other alcoholic beverages, or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

Base flood means a flood having a one-percent chance of being equaled or exceeded in any given year. [Also defined in Florida Building Code, B, Section 1612.2.] The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood."

Base flood elevation means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in Florida Building Code, B, Section 1612.2.]

Basement means the portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in Florida Building Code, B, Section 1612.2.]

Beacon means a stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which has the effect of attracting or diverting attention, expect, however, this term does not include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or other similar agency. This definition does not apply to any similar type of lighting device contained entirely within a structure and which does not project light to the exterior of the structure.

Bench sign means a sign painted on, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or roadway or visible from any public vantage point.

Billboard. See "Off-premises sign."

Billboards means a surface whereon advertising matter is set in view conspicuously and which advertising does not apply to premises or any use or premises where it is displayed or posted.

Block means a piece or parcel of land entirely and immediately surrounded by streets or highways, railroad right-of-way, water courses, subdivision boundaries, or any combination thereof.

Board means the elected body of the DeFuniak Springs City Council.

Broken plane means as applied to signs shall mean any sign combining several geometric shapes or shapes of unusual configuration.

Bus shelter advertising sign means an advertising sign appearing on a bus shelter or on or adjacent to a public right-of-way.

Bus stop informational sign means a freestanding or attached sign with no commercial message located at a bus stop and providing information as to the route, hours or times of service.

Building means any structure either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This definition shall include tents, awnings, or vehicles situated on private property and serving in any way the function of a building.

Building setback means the minimum horizontal distance permitted between the front or side of a building and the nearest street line.

Canopy. See "Awning."

Canopy sign means a sign attached to the underside of a canopy.

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

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

Character means any symbol, mark, logo, or inscription.

City engineer means a person currently licensed and registered to practice engineering in the State of Florida and retained by the city to oversee the appropriate provisions of this ordinance. The city engineer may be employed directly by the city or retained on a consulting basis. Where referenced herein "city engineer" shall include "or other designee of the city council".

Club, night means a restaurant, dining room, bar or other similar establishment providing food or refreshments wherein floor shows or other forms of entertainment by persons are provided for guests after 11:00 o'clock p.m.

Club, private shall pertain to and include those associations and organizations of a fraternal or social character, not operated or maintained for profit. The term "private club" shall not include casinos, nightclubs or other institutions operated as a business.

Co-location means the use of a tower or structure to support antennae for the provision of wireless services without increasing the height of the tower or structure.

Commercial impracticability or commercially impracticable means the inability to perform an act on terms that are reasonable in commerce; the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be "commercial impracticable" and shall not render an act or the terms of an agreement "commercially impracticable".

Commercial message means any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.

Commercial vehicle means any vehicle designed, intended or used for transportation of people, goods or things, other than private vehicles and trailers for private nonprofit transport of goods and boats.

Communications facility or facility or system shall mean any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the public rights-of-way of the city and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services.

Communications services shall mean the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Notwithstanding the foregoing, for purposes of this article "cable service", as defined in F.S. (2000 edition) § 202.11(2), as it may be amended, is not included in the definition of "communications services," and cable service providers may be subject to other ordinances of the city.

Communications services provider shall mean any person including a municipality or county providing communications services through the placement or maintenance of a communications facility in public rights-of-way. "Communications services provider" shall also include any person including a municipality or county that places or maintains a communications facility in public rights-of-way but does not provide communications services.

Completed application means an application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.

Council means the elected body of the DeFuniak Springs City Council.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 to for a horizontal distance of four thousand (4,000) feet.

Construction sign means a temporary on-premise sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, and containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.

Copy means the linguistic or graphic content of a sign.

Convalescent home means a building, or portion thereof, wherein for compensation, living accommodations and care are provided for persons suffering from illness, other than mental or contagious, which is not of sufficient severity to require hospitalization, or for persons requiring further institutional care after being discharged from a hospital other than a mental hospital.

Coverage means that percentage of the lot area covered or occupied by buildings or roofed portions of structures.

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

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

Day-night sound level (DNL) means a cumulative aircraft noise index which estimates the exposure to aircraft noise and relates the estimated exposure to an unexpected community response. The day-night sound level noise metric assesses a 10 dB penalty to all noise events occurring between 10:00 p.m. and 7:00 a.m.

Depth and width means the depth of a lot is the distance between its mean front street line and its mean rear line. The width of a lot is the distance between the sidelines thereof if such lines are parallel to each other, if side lines are not parallel, width shall be construed as mean width.

Design flood means the flood associated with the greater of the following two (2) areas: [Also defined in Florida Building Code, B, Section 1612.2.]

(1)

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

(2)

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

Design flood elevation means the elevation of the "design flood," including wave height, relative to the datum specified on the community's officially designated flood hazard map. In areas designated as zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two (2) feet. [Also defined in Florida Building Code, B, Section 1612.2.]

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

Developer means an individual, partnership, cooperation, or other legal entity, or agent thereof, who undertakes the activities covered by these regulations. The term "developer" may include "subdivider," "owner," and "builder".

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

Directional sign means an on-site sign directing the movement of pedestrian or vehicular traffic on the premises where it is located. These signs may use words such as "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like, or arrows or similar graphics. These signs may contain the logo or the name (identification) of the business and may be attached or freestanding. Not to be confused with "directory sign".

Directory sign means a non-commercial sign which lists the names and/or locations of occupants or the use of a building, limited to multi-tenant office buildings and residential complexes, or signs listing businesses on a public street. Not to be confused with "directional sign".

District means a portion of the territory of the town for which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the zoning ordinance.

Double-faced sign means a sign which has two (2) display surfaces, one face of which is designed to be seen from one direction and the other from the opposite direction, every point on which the back of one sign face being either in contact with the back of the other sign face or in contact with the same structural support, or the back of the faces are parallel and within twenty-four (24) inches of each other.

Double frontage lot means a lot having two (2) non-adjoining property lines abutting upon a street or streets.

Drive-in restaurant or refreshment stand means any place or premises used for sale, dispensing, or serving of food, refreshments or beverages, in automobiles.

Drop-line means the outer perimeter of the crown of a plant.

Dwelling means a building or portion thereof designed exclusively for residential occupancy, including one family, two family and multiple family dwellings, modular homes, mobile homes and manufactured homes but not including hotels, boarding, lodging houses or travel trailers.

Dwelling, unit means a space, area or portion of a building designed for and occupied by one family as a dwelling, with cooking facilities for the exclusive use of such family.

Single-family: A detached building designed for and occupied by one family as a home

Two-family: A detached building occupied by or designed for occupancy by two (2) families only, with separate cooking and housekeeping facilities for each.

Multiple family: A building designed for or occupied by three (3) or more families, with separate cooking and housekeeping facilities for each.

Easement means a grant by a property owner of the use of land for a specific purpose or purposes by the general public, or a corporation or a certain person or persons.

Election sign means a temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the city shall vote.

Electronic sign. See "Light emitting diode (LED) sign."

Encroachment means the protrusion of a vehicle outside of a parking space, display area, storage area, access way, or access aisle into a landscaped area or the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any way bring into being or establish; but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.

Erected. The word "erected" includes built, constructed, reconstructed, moved upon or any physical operations on the premises required for building. Excavations, fill, drainage, and the like shall be considered as part of erection.

Essential services means the erection, construction, alteration or maintenance, by private utilities or municipal or other governmental agencies, of underground, or overhead gas, electrical steam or water transmission or distribution systems, collection, communication, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or governmental agencies or for the public health or safety or general welfare, but not including buildings.

Established airport elevation means for the DeFuniak Springs Airport, the established airport elevation is 290.6 feet above mean sea level.

Existing building and existing structure means any buildings and structures for which the "start of construction" commenced before December 21, 1984. [Also defined in Florida Building Code, B, Section 1612.2.]

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before December 21, 1984.

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

FAA shall mean the Federal Aviation Administration, or its duly designated and authorized successor agency.

FBC shall mean the Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

FCC shall mean the Federal Communications Commission, or its duly designated and authorized successor agency.

FDEP shall mean the Florida Department of Environmental Protection.

FDOT shall mean the Florida Department Of Transportation.

Family means one (1) or more persons related by blood, marriage, adoption, guardianship or similar relationship, or a group not to exceed three (3) unrelated persons living together as a single housekeeping unit. The term "family" shall not be construed to mean a fraternity, sorority, club, or institutional group.

Family, immediate means the father, mother, brother, sister, son, daughter, or grandchild of a person deeding land without valuable consideration.

Feather sign. See "Flag."

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

Fence shall mean an enclosure at least six (6) feet in height so constructed or planted and maintained as to totally obscure the junk in said enclosure from ordinary view to those persons passing upon the streets of this city.

Fixed aerial advertising sign means any aerial advertising medium that is tethered to the ground. Includes "cold air inflatables".

Flag means any fabric, or similar material, or bunting containing one or more distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of a recognized governmental unit, political subdivision, corporation or business or other entity and which is not a banner.

Flagpole means a pole on which to raise a flag.

Flashing sign means a sign that permits light to be turned on or off intermittently more frequently than once per minute.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in Florida Building Code, B, Section 1612.2.]

(1)

The overflow of inland or tidal waters.

(2)

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

Flood damage-resistant materials means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in Florida Building Code, B, Section 1612.2.]

Flood hazard area. The greater of the following two areas: [Also defined in Florida Building Code, B, Section 1612.2.]

(1)

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

(2)

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

Flood Insurance Rate Map (FIRM) means the official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the City. [Also defined in Florida Building Code, B, Section 1612.2.]

Flood Insurance Study (FIS) means the official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in Florida Building Code, B, Section 1612.2.]

Floodplain administrator means the office or position designated and charged with the administration and enforcement of this ordinance (may be referred to as the floodplain manager).

Floodplain development permit or approval means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance. The term includes: development order, certificate of zoning and concurrency compliance or a building permit.

Floodway means the channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in Florida Building Code, B, Section 1612.2.]

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

Floor to area ratio means the total gross floor area of each story of all buildings or structures on a lot divided by the area of said lot.

Foot-candle means a unit of measure of luminosity produced on a surface, all points of which are one foot from a uniform point source of light of one candle and equal to one lumen per square foot.

Foot-lambert means the centimeter gram second unit of brightness equal to the brightness of a perfectly diffused surface that radiates or reflects one lumen per square centimeter.

Free expression sign means a sign, communicating information or views of concern to the owner of the sign, or containing any other non-commercial message, that is otherwise lawful and located on private property.

Freestanding sign. See "Ground sign."

Frontage means the length of the front property line of the lot, lots, or tract of land abutting a public street, road, highway or rural right-of-way.

Frontage of a building shall mean the side or wall of a building approximately parallel and nearest to a street. When on a corner, frontage of a building shall be determined by the building or planning department.

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

Garage sale shall mean and include all general sales open to the public, from or on residential premises and any residential zone, as defined by the land use plan, for the purpose of disposing of personal property, including, but not limited to all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market," or "rummage" sales. This definition shall not include a situation where no more than five (5) specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.

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

Garage, estate or yard sale sign means any on-site temporary sign pertaining to the sale of personal property in, at or upon any residentially-zoned property located in the city. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or other offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, attic sale, rummage sale, patio sale, moving sale, auction, or any similar designation.

Glare means a sensation of brightness within the visual field that causes annoyance, discomfort, loss in visual performance and visibility.

Grade, established means the average elevation of the public sidewalks around or abutting a plot, or in the absence of sidewalks, the average elevation of the public streets abutting the plot.

Grade, finished means the finished grade of premises improved by a building is the elevation of the surface of the ground adjoining the building. Where the finished grade is below the level of the established grade, the established grade shall be used for all purposes of this ordinance.

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

Ground sign means any sign which is supported by structures or supports placed on or anchored in the ground and independent of support from any building or other structure.

Gross floor area means the sum of all floors of a building as measured to the outside surfaces of exterior walls and including halls, elevator shafts, stairways, interior balconies, mezzanines, open porches, breezeways, mechanical and equipment rooms and storage rooms. Enclosed parking and loading areas below or above grade are excluded from gross floor area.

Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height means, when referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightening protection device.

Height means, for the purpose of determining the height limits in all zones set forth in this article and shown on the airport height zoning map, the datum shall be mean sea level unless otherwise specified.

Height, building means the height of a building shall be the vertical distance measured from the mean level of the finished grade to the level of the highest point of the underside of the finished ceiling line. Where a structure is set back from the street line, the mean level of the finished grade of the premises along the line of that part of the structure nearest the street line may be substituted for the established grade for the purpose of determining the height of a building.

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

Historic structure means any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings.

Holiday and seasonal decorations means decorations that pertain to legal or other recognized holidays or to a season of the year.

Holographic display sign. An advertising display that creates a three-dimensional image through projection.

Horizontal surface means a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

Hotel means a building, or part thereof, in which sleeping accommodations are offered to the public, with no cooking facilities for use by the occupants, and in which there may be a public dining room for the convenience of guests. Access to sleeping rooms shall be through the inside lobby or office.

Identification sign means any structural device, display board, screen, surface, or wall with characters, letters or illustrations, where the information displayed is used only to indicate the legal name or the character of the business carried on therein. Identification signs are subject to the size and height restrictions delineated elsewhere in this chapter. An identification sign is differentiated from a directory sign in that the identification sign identifies only the occupant or use of an individual address or business premises.

Illuminated sign means any sign or portion thereof including the outline, which is illuminated by artificial light, either from an interior or exterior source, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.

Improvements means physical changes made to raw land, and structures placed on or under the land surface.

In public rights-of-way or in the public rights-of-way shall mean in, on, over, under or across the public rights-of-way.

Indirectly illuminated sign means any sign, the facing of which reflects light from a source intentionally directed upon it.

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

Internally illuminated sign means any sign in which the source of light is entirely enclosed within the sign and is not visible to the eye from outside the sign.

Junk shall mean old or scrap metal, rope, rags, batteries, paper, lumber, trash, rubber, debris, oddments, wastements, litter, leavings, ruins, castoffs, rummage, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material, and junk appliances.

Junkyard shall mean an establishment or place of business which is maintained or operated for the use of storing, keeping, buying or selling such junk, or for the maintenance or operation of an automobile graveyard and shall be construed to include garbage dumps and sanitary landfills.

Land surveyor means a land surveyor duly registered to practice in the State of Florida.

Landscape means the placement of landscape material in the planting area in accordance with the requirements of this article, or undisturbed areas of natural vegetation, areas which may be used for drainage.

Landscape material means living material including, but not limited to, trees, shrubs, vines, lawn grass, ground cover; landscape water features; and nonliving durable material commonly used in landscaping, including but not limited to, rocks, pebbles, sand, prairie film, brick pavers, earthen mounds, but excluding impervious surfaces for vehicular use. Fifty (50) percent of such area shall be living.

LED signs (light emitting diode), FLED, OLEO and PLED signs mean an advertising display using a combination of diodes which are solid-state devices (diodes) that emit light of a single primary color, but in combination (pixels) with other diodes can produce colors of any hue for use in signage. Such signs are monochromatic or full color. Includes signs with messages, letters, colors, graphics or other symbols or characters that are electronically changed.

Letter of Map Change (LOMC) means an official determination issued by Federal Emergency Management Agency that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

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

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

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

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

Light-duty truck as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at eight thousand five hundred (8,500) pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of six thousand (6,000) pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:

(1)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

(2)

Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or

(3)

Available with special features enabling off-street or off-highway operation and use.

Lodging house means a building, or part thereof, other than a motel or hotel, where sleeping accommodations are provided for hire more or less transiently without provisions for cooking by guests as for meals for guests.

Lot means for zoning purposes, as covered by this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have a frontage on an improved public street, and may consist of: (a) a single lot of record; (b) a portion of a lot of record; (c) a combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; (d) a parcel of land described by metes and bounds descriptions; provided that in no case division or combinations shall any residential lot or parcel be created which does not meet the requirements of this ordinance.

Lot, corner means a lot abutting upon two (2) or more streets at a street intersection, or abutting upon two (2) adjoining and deflected lines of the same street.

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

Lot, interior means a lot other than a corner lot.

Lot width is the mean (average) horizontal distance between the side lot lines, measured at right angles to the lot depth, with the minimum to comply with this code to be measured at the front setback line.

Lot line, front means the lot line separating the lot from the right-of-way of the principal street on which the lot abuts.

Lot line, rear means the lot line opposite to and most distant from the front lot line.

Lot line, side means any lot line other than a front or rear lot line. A side lot line of a corner lot, separating a lot from a street, is a called a side street lot line. A side lot line separating a lot from another lot is called an interior lot line.

Lot, reserve frontage means a double frontage lot fronting on both a minor street and a primary or collector street with access only permitted to the minor street. Rear access to the primary or collector street shall be prohibited by means of a non-access reservation strip or easement along the primary or collector street.

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

Machinery and equipment signs means any sign that is integral to the machinery or equipment and that identifies the manufacturer of the machinery or equipment that is placed on the machinery or equipment at the factory at the time of manufacture. Does not include signs advertising a business, service, product or products on vending machines.

Maintenance means the repairing or repainting of a portion of a sign or sign structure. periodically changing changeable copy, or renewing copy, which has been made unusable by ordinary wear. The replacing or repairing of a sign or sign structure of which twenty-five (25) percent or more of the total area has been damaged (as determined by the city manager or designee) shall not be considered maintenance.

Manufactured home means a fabricated residential structure that was built after June 15, 1976 in an off-site manufacturing facility for installation or assembly at the building site on a permanent chassis, with each section bearing a seal certifying that it is built in compliance with the U.S. Department of Housing and Urban Development construction and safety standards (HUD Code) or a structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." (Also defined in 15C-1.0101, Florida Administrative Code)

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

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

Marquee means any permanent, integral, hood, canopy or awning or other permanent construction, not covered with cloth, plastic, canvas or other similar material, that projects from a wall of a building, usually above an entrance.

Marquee sign means any sign made apart of or attached to a marquee and may be designed to have changeable copy, either manually or electronically.

May means the word may indicate an action which is permissive.

Menu display sign means a fully enclosed (or otherwise protected from the elements) sign structure, including but not limited to a box, shadow box or cabinet, attached to a wall or freestanding, which is used solely for the purpose of displaying restaurant menus. A menu display sign may be used for a restaurant without drive-through service and for restaurants. Menu display sign structures shall be limited to one per establishment.

Menu sign, drive-in means an attached sign that is located at each drive-in stall, bay or outdoor table of a restaurant and which may provide a mechanism for ordering the products while viewing the sign.

Menu sign, drive-through means a sign placed so as to be viewed from a drive-through lane and which contains only a listing of the products, with prices, offered for sale by the restaurant where the sign is located and which may provide a mechanism for ordering the products while viewing the sign.

Mobile home means a residential structure, transportable in one or more sections, that was built before June 15, 1976 on an integral chassis, designed to be used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. This term shall also mean house trailer.

Mobile home park means a residential development on a parcel of land in one ownership providing rental spaces for two (2) or more mobile homes on a long-term basis, with recreation and service facilities for the tenants.

Mobile home space means a plot of ground within a mobile home park designated for the accommodation of one mobile home or travel trailer.

Mobile home subdivision means a residential development designed for the accommodation of mobile homes on individually owned lots or in condominium or cooperative ownership, including recreation and open space areas held in common ownership, but not including developments servicing tourists or vacation-oriented travel trailers, motor homes, campers, etc.

Modification or modify means the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a telecommunications tower or telecommunications site is a modification. A modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything.

Modular home means a single-family, fabricated residential structure designed, built and permitted to the FBC and installed on a permanent foundation.

Motel means a building, or part thereof, in which sleeping, and/or living accommodations are offered to the public primarily on a short term or transient basis, with access to the individual units from the exterior of the building and parking facilities for use of guests near their quarters.

Monument sign means a freestanding ground sign whose ratio of width of sign to width of support is less than three to one and is subject to all other restrictions as applicable elsewhere in this chapter.

Nameplate sign or occupant identification sign means an attached wall sign indicating the name and/or profession or address of a person or persons residing on the premises where the sign is located or legally occupying the premises where the sign is located.

Neon sign means a sign which may consist of glass or plastic tubing or other material, bent or shaped to form letters, symbols, borders or other shapes (or designed to give the illusion of glass or plastic tubing) and illuminated by fluorescent or incandescent light, neon or other gas through which an electrical voltage is discharged to create light, or backlit to give the impression of tubing.

New construction means, for the purposes of administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after December 21, 1984, and includes any subsequent improvements to such structures.

New construction means any development for which an application for a building permit must be made prior to the initiation of any improvements. Also, in the case of vehicular use paving, any preparation or pavement (asphalt or concrete) of a site intended for any type of vehicular use begun after the effective date of this article.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after December 21, 1984.

NIER means non-ionizing electromagnetic radiation.

Noise-sensitive structure means an inhabitable or occupied structure, including a temporary or mobile structure, including but not necessarily restricted to residential dwellings, apartment buildings, hospitals, schools, churches, day care facilities, hotels, condominiums, recreational facilities, commercial buildings, and office buildings, in which the activities of the occupants may be adversely affected by aircraft noise of 65 DNL and higher.

Non-commercial message means any message which is not a commercial message.

Non-conforming sign means a sign which does not conform to the regulations contained in this chapter.

Non-conforming structure means a structure, or portion thereof, existing at the effective date of this ordinance, or any amendments thereto, which was occupied, designed, erected, intended, or structurally altered for a use not permitted at its location by the provisions of this ordinance for a new use and/or which does not conform to all of the regulations applicable to the district in which it is located.

Non-conforming use means any pre-existing structure, object of growth, or use of land which is inconsistent with the provisions of this article or an amendment thereto.

Non-precision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a circling and/or straight-in non-precision instrument approach procedure has been approved or planned.

Non-illuminated sign means any sign that is not illuminated by artificial light.

Non-residential subdivision means a subdivision designed and used exclusively for non-residential purposes.

Normal natural grade means the undisturbed, existing elevation of the ground which has not been altered by man.

NWFWMD shall mean Northwest Florida Water Management District.

Nursery school means a place for the day care and instruction of children not remaining overnight.

Nursing home means a home for aged, chronically ill, or incurable persons in which persons not of the immediate family of the occupants are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Obstruction means any structure, growth, or other object, including a temporary or mobile object which violates the standards contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29 and which exceeds a limiting height set forth in sections 18-52(d) and 18-52(e) of this chapter.

Off-premises sign means an outdoor sign or other structure or surface which advertises or directs attention to an establishment, business, merchandise, service, commodity, attraction or entertainment that is sold, produced, manufactured, or furnished at a place other than the property on which the sign is located. This definition includes the term "billboard".

On-premise sign or on-site sign means any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which it is located.

Open space means land or portions of land preserved and protected, whether public or privately owned, and perpetually maintained and retained for active or passive recreation, and for resource protection. Open space includes required yards, water bodies, developed recreation areas and improved recreation facilities, natural and landscaped areas, common areas other similar open space exclusive of streets, roads and parking area.

Ordinance shall mean this article.

Ornamental flag means any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.

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

Parking shall mean the temporary, transient storage of private passenger motor vehicles used for personal transportation, while their operators are engaged in other activities. It shall not include storage of new or used cars for sale, service, rental, or any other purpose other than specified above.

Park trailer means a transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in Florida Statute 320.01.]

Pedestrian crosswalk means a right-of-way dedicated to the public for pedestrian use and which is designed to provide access to adjacent roads, lots or public use areas

Pennant or feather sign means any single or series of large or small flag-like or streamer-like pieces of cloth, plastic, paper or similar material attached on one or two sides or in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely.

Permanent sign means any sign which, when installed, is intended for permanent use. For the purposes of this chapter any sign with an intended use in excess of three (3) months from the date of installation shall be deemed a permanent sign unless otherwise indicated elsewhere in this chapter.

Person shall include any individual, children, firm, association, joint venture, partnership, limited partnership, company, association or government entity; co-partnership estate, trust, business trust, syndicate, fiduciary, corporation, estate, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity, organization or legal entity of any kind, successor, assignee, transferee, personal representative, including a trustee, a receiver as assignee, or a similar representation of any of them and all other groups or combinations, and shall include the city to the extent the city acts as a communications services provider.

Personal property shall mean property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

Personal wireless facility. See definition for wireless telecommunications facilities.

Personal wireless services or PWS or personal telecommunications service or PCS shall have the same meaning as defined and used in the 1996 Telecommunications Act.

Place or maintain or placement or maintenance or placing or maintaining shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A communications services provider that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, is "placing or maintaining" the facilities. A person providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way does not constitute "placing or maintaining" facilities in the public rights-of-way.

Planning department means the city staff designated by the city manager to coordinate applications to the planning board.

Planting area means any area designed for landscape material installation having a minimum of fifty (50) square feet; a minimum depth, as measured perpendicular to the adjacent property line, of five (5) feet, and consisting of suitable growing medium with proper drainage. Shade tree means any self-supporting woody plant of a species that is well shaped, well branched and well foliated which normally grows to an overall height of at least twenty-five (25) feet and normally develops an average mature spread of crown greater than twenty (20) feet in DeFuniak Springs, Florida. (A listing of suggested shade trees shall be maintained by the city and made available for reference.)

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

Pole sign. See "Ground sign."

Porch means a roofed over space attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure.

Portable sign means any sign, banner, or poster that is not permanently attached to the ground or to a structure that is attached to the ground, or a sign designed to be transported whether or not by trailer or on its own wheels, including such signs even though the wheels may be removed and the remaining chassis or support structure converted to an "A" or "T" frame sign and attached temporarily or permanently to the ground, including but not limited to sandwich board signs and signs on umbrellas. For purposes of this chapter, fixed aerial advertising signs such as a cold air inflatable shall be considered to be a portable sign.

Primary surface means a surface longitudinally centered on each runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The Runway 9/27 primary surface width is five-hundred (500) feet and the primary surface extends two-hundred (200) feet beyond each end of the runway. The width of the Runway 18/36 primary surface is two-hundred-fifty (250) feet and the primary surface for the runway ends at each end of the landing area.

Projecting sign means any sign affixed perpendicular to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall or above a mansard or parapet wall.

Public rights-of-way shall mean a public right-of-way, public utility easement, highway, street, bridge, tunnel or alley for which the city is the authority that has jurisdiction and control and may lawfully grant access to pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public rights-of-way" shall not include private property. "Public rights-of-way" shall not include any real or personal city property except as described above and shall not include city buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way.

Real estate sign means a temporary sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.

Recreational vehicle means a motor vehicle primarily designed as temporary living quarters for recreational, camping, or travel use and which either has its own motive power or is mounted on or drawn by another vehicle. See also Travel Trailer.

Recreational vehicle means a vehicle, including a park trailer, which is: [See Florida Statute 320.01.)

(1)

Built on a single chassis;

(2)

Four hundred (400) square feet or less when measured at the largest horizontal projection;

(3)

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

(4)

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

Recreational vehicle park means a place set aside for the parking, accommodation, or rental of five or more recreational vehicles or tents on a short term basis; and the term also includes buildings and sites set aside for group camping and similar recreational facilities. For the purposes of this chapter, the terms "trailer park", "campground," "camping resort," "RV resort," "travel resort," and "travel park," or any variations of these terms, are synonymous with the term "recreational vehicle park."

Redevelopment means the demolition or removal of the principal structure or more than fifty (50) percent of the impervious surface of a site.

Registrant shall mean a communications services provider that has registered with the city in accordance with the provisions of this article.

Registration or register shall mean the process described in this article whereby a communications services provider provides certain information to the city.

Regulatory sign. See "Statutory sign."

Remodeling, redecorating, or refinishing means any change, removal, replacement, or addition to walls, floors, ceilings, and roof surfaces or coverings which do not support any beam, ceiling, floor load, bearing partition, columns, exterior walls, stairways, roofs, or other structural elements of a building structure.

Restaurant means a building or room, not operated as a dining room in connection with a hotel, where food is prepared, and served for pay for consumption on the premises.

Revolving sign or rotating sign means any sign or part thereof that revolves or rotates.

Roof sign means any sign erected and constructed wholly on or over the roof of a building, and which is supported by the roof structure, or any sign that extends in whole or in part above the roofline of a building. Mansard structures and parapet walls shall not be considered a roof.

Room means an unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways and service porches.

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

Safety sign. See "Warning sign."

Service station means an establishment conducted principally for the business of fueling and lubricating motor vehicles and for performance of incidental service to motor vehicles, such as washing, cleaning, polishing, tire changing and repair, battery recharging, and replacement and the like; including the sale of tires, batteries and incidental vehicle accessories, but not including any mechanical repair, body or upholstery repair upon vehicles or the storage of vehicles. Any establishments performing mechanical or electrical or body or upholstery repair or work upon vehicles, or storing vehicles, shall be deemed to be an auto repair shop or public garage.

Setback line means a line generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure, may be located above ground, except as may be provided in subdivision regulations or zoning ordinances.

Sewer, on-site means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process of equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

Sewer, public or community means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.

Shade tree means any self-supporting woody plant of a species that is well shaped, well branched and well foliated which normally grows to an overall height of at least twenty-five (25) feet and normally develops an average mature spread of crown greater than twenty (20) feet. (A listing of suggested shade trees shall be maintained by the city and made available for reference.)

Shall: The word shall indicate an action which is mandatory.

Shopping center means a group of five or more of retail stores or service establishments planned and developed as a unit by one (1) operator, owner, organization or corporation for sale or for lease for the site upon which they are built.

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

Special flood hazard area means an area in the floodplain subject to a one (1) percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as zone A, AO, A1—A30, AE, A99, AH, V1—V30, VE or V. [Also defined in Florida Building Code, B Section 1612.2.]

Sign means any object, device, display, or structure, or part thereof, situated outdoors or indoors, composed of any surface, fabric, device or display that is used to advertise, identify, display, direct, announce, or attract attention to any object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, pictorial or sculpted matter, including forms shaped to resemble any human, animal or product, fixtures, colors, illumination or projected images which is not artwork or architectural detail as defined herein. The term shall include all structural members, flags, banners and pennants. The term shall not be deemed to include the term "building" or "landscaping," or any architectural embellishment of a building not intended to communicate information. The term shall exclude from this definition, national or state flags, window interior displays and signs, graffiti, athletic score boards, or the official announcements or signs of government. A sign shall be construed to be a display surface or device containing organized and related elements composed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign. In the case of a permanent sign made of any fabric or other non-rigid material the sign shall conform to each specification for such signs found elsewhere in this chapter.

Sign area means that area enclosed by one continuous line, connecting the extreme points or edges of a sign. This shall be determined by using the largest area of outline visible at any one time from anyone point. This does not include the main supporting sign structure, but includes all other ornamental attachments, connecting links, etc., which are not a part of the main supports of the sign.

Signable area means the total surface area on a single plane of a wall or window, or similar structure or a building facade where a sign may be located under this chapter.

Snipe sign means any sign tacked, nailed, posted, pasted, glued or otherwise attached to telephone poles, utility poles, trees or fences, or stuck into the ground with the message appearing thereon not applicable to the present use of the premises upon which the sign is located.

Special event means temporary use of public property by ten (10) or more persons or three (3) or more vehicles for the purposes of conducting certain outdoor, short-term events such as a festival, parade, rodeo, fund raising, walkathon, bikeathon, jogging activity, or any other similar organized activity whether for profit or not for profit wherein public streets, parks or other public areas are to be utilized.

Special use permit means the official document or permit by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the city.

Start of construction means the date of issuance of a building permit for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within one hundred eighty (180) days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns.

Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in Florida Building Code, B Section 1612.2.]

State means the State of Florida.

Statutory sign means a sign required by any statute of the State of Florida, United States, or ordinance of the City of DeFuniak Springs.

Stealth or stealth technology means minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.

Street means a thoroughfare used for public foot and vehicular traffic other than an alley as herein defined, shall be deemed a street.

Primary street means a street which has been or may be designed or designated for the movement of large volumes of traffic between distant points.

Collector street means a street designed or designated so as to connect a number of minor streets with primary streets.

Minor street means a street of limited continuity used primarily for access to abutting property and the local needs of the neighborhood.

Cul-de-sac means a minor street having only one open end providing access to another street.

Street address sign means any sign denoting the street address of the premises on which it is attached or located.

Strip lighting. See "Neon sign."

Street line means the line between the street and abutting property as determined by the [sic].

Structure means an object, including a temporary or mobile object, constructed or installed by man, including but without limitation, buildings, bridges, poles, antennas, towers, cranes, smokestacks, earthen formations, and overhead transmission lines.

Subdivision means the division or redivision of a parcel of land into three (3) or more parcels any one of which is less than two (2) acres in size, except for exclusions provided for in article V of this chapter.

Subdivision, minor means any division of one parcel of land into five (5) or less lots within a period of one year in which one or more parcels are less than two (2) acres in size, but in which all lots have adequate frontage on graded City streets and no new streets or changes in existing roads are required; provided, however, that a minor subdivision may include any number of lots where all lots front on already existing streets, which meet the city's paving standards.

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

Substantial improvement means any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds fifty (50) percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. [Also defined in Florida Building Code, B, Section 1612.2.]

Telecommunications means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

Telecommunication site. See definition for wireless telecommunications facilities.

Telecommunications structure means a structure used in the provision of services described in the definition of wireless telecommunications facilities.

Temporary means, temporary in relation to all aspects and components of this article, something intended to, or that does, exist for fewer than ninety (90) days.

Temporary sign means a sign intended for a use not permanent in nature. For the purposes of this chapter, a sign with an intended use of three (3) months or less shall be deemed a temporary sign unless otherwise indicated elsewhere in this chapter.

Temporary structure means a structure that is authorized to be constructed or placed on a parcel for a limited period of time and required to be removed from that parcel upon the expiration of the permitted time. Temporary structures shall include, not limited to, construction trailers, tents, temporary storage containers and wayside stands.

Traffic control device or sign means any instrument, equipment, or sign located within the right-of-way that is used as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. A traffic control device or sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and directional signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).

Transitional surfaces mean these surfaces extend outward and upward at right angles to the runway centerline and the extended runway centerline at a slope of 7:1 from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at right angles to the extended runway centerline.

Travel trailer means a recreational vehicle used for temporary housing by individuals and families during travel. This category, in this ordinance, is assumed to include also campers, camping trailers, motor homes, and smaller mobile homes (up to a length of twenty-eight (28) feet exclusive of hitch) capable of being towed by a passenger motor car. See also Recreational Vehicle

Travel trailer park means a development for the accommodation of tourists or vacationers on a short-term basis, providing rental spaces for each individual trailer, camper, motor home, etc., and recreation and service facilities for the use of the tenants.

Tree means any object with a natural growth being a self-supporting, woody plant of a species which normally grows to an overall height of at least twelve (12) feet and normally develops an average mature spread of crown greater than twelve (12) feet.

Umbrella sign means a sign printed on umbrellas used for legal outdoor eating and drinking establishments, push-carts, sidewalk cafes and which is made of a lightweight fabric or similar material.

Used car lot means a lot or group of contiguous lots, used for the display and sale of used automobiles and where no repair work is done, except the necessary reconditioning of cars to be displayed and sold on the premises.

Utility company means any private or public company engaged in providing a public service, such as water, electricity, sewerage, garbage disposal, or telephone service.

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

Vehicle sign means any sign or signs where the total sign area covers more than ten (10) square feet of the vehicle.

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

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

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures.

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

Wall sign means a sign which is fastened or affixed to the wall of a building with its face in a parallel plane with the plane of the building facade or wall.

Warning sign or safety sign means a sign which provides warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).

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

Window sign means any sign mounted or placed in any fashion on the interior or exterior of the surface of a window, and intended to be seen from the exterior.

Wireless telecommunications facilities means and includes a telecommunications tower and tower and telecommunications site and personal wireless facility means a structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes without limit, towers of all types and kinds and structures that employ camouflage technology, including, but not limited to structures such as a multi-story building, church steeple, silo, water tower, sign or other structures that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave services and services not licensed by the Federal Communication Commission, but not expressly exempt from the city's siting, building and permitting authority, excluding those used exclusively for the city's fire, police or exclusively for private, noncommercial radio and television reception and private citizen's bands, amateur radio and other similar noncommercial telecommunications where the height of the facility is below the height limits set forth in this article.

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

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

Yard, rear means that portion of the yard extending the full width of the lot and measured between the rear lot line and parallel line tangent to the nearest part of the principal building.

Yard, side mean those portions of the yard extending from the front property line to the rear property line and measured between the side lot lines and parallel lines tangent to the nearest parts of the principal building.

(Ord. No. 881, § 18.124, 6-26-2017)