The purpose of this article is to define the words, terms and phrases used to express the standards and procedures established in the LDRs and to describe the intended interpretation of certain terms as they are used in the LDRs. The words, terms and phrases listed in this article shall have the meanings and interpretations described herein unless the context of any particular circumstance clearly indicates otherwise. The definitions contained in Chapter 1 may also be used for any term not specifically defined herein. In instances where there is a conflict between Chapter 1 and the definitions in this article, the definitions in this article prevail.

(LDR, § 13000; Ord. No. 2012-01, § 13000, 5-22-2012)

(a)

The term "used" or "occupied" includes the words intended, designed, or arranged to be used or occupied.

(b)

The term "land" includes the words water, marsh, or swamp.

(c)

When a manual, specification or code is cited, the latest version of such manual specification of code is intended unless the context clearly indicates otherwise.

(d)

The term "day" means a working day when the County's administrative offices are open for business, unless otherwise stated.

(e)

Defined terms shall be interpreted in accordance with the definitions in Section 20-1650 even when not initially capitalized in the LDRs, unless the context clearly indicates otherwise.

(LDR, § 13100; Ord. No. 2012-01, § 13100, 5-22-2012)

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

Abutting properties means properties having a boundary line or a portion of a boundary line in common with no intervening street.

Access means a way of ingress or egress to property.

Accessory building means a building detached from, but located on the same premises as the principal building, the use of which is incidental and accessory to the principal building. The accessory building shall not be taller than, or larger than one-half the actual square feet of, the principal building except as is provided under LDR Section 20-656(a)(6).

Accessory use or structure means a use or structure that is incidental and subordinate to the principal use or structure and is located, on the same premises. An accessory use or structure is not allowed unless there is a principal use or structure on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot, on a contiguous lot in the same ownership, or on a non-contiguous lot under the same ownership and under a unity of title or similar instrument. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory building. A facility for the service of malt, vinous, or other alcoholic beverages shall be deemed an accessory use for a motel, hotel, boatel, private club, country club, yacht club, or golf club provided all other applicable requirements of State law and County regulations are met.

Acre means an area containing 43,560 square feet of land.

Adult congregate living facility means any building or buildings, section of building, or distinct part of a building, residence, private home, boarding home, home for the aged, or other place, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, housing, food service, and one or more personal services for four or more adults, not related to the owner or administrator by blood or marriage, who require such services; or to provide extended congregate care, limited mental health services, when specifically licensed to do so pursuant to State law. A facility offering personal services, extended congregate care, limited nursing services or limited mental health service for fewer than four adults is within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment which regularly provides such services.

Adult entertainment establishment means any business or commercial activity which, for any reason, excludes juveniles (persons under the age of 17) or, permits juveniles when accompanied by a parent or legal guardian.

Agriculture means activities within land areas which are predominantly used for the cultivation of crops and livestock, including, but not limited to, crop land, pasture land, orchards, vineyards, nurseries, ornamental horticulture areas, groves, specialty farms, aquaculture operations, beekeeping operations, silviculture, fruit and nuts production, ranching, poultry, egg and milk production, animal breeding, raising, or stabling.

Agri-tourism related development means any agricultural related activity consistent with a bona fide farm, livestock operation, or ranch or in a working forest that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy activities, including farming, ranching, historical, cultural, civic, ceremonial, training and exhibition, or harvest-your-own activities and attractions. An agri-tourism activity does not include the construction of new or additional structures or facilities intended primarily to house, shelter, transport, or otherwise accommodate members of the general public. An activity is an agri-tourism activity regardless of whether the participant paid to participate in the activity.

Alcoholic beverages means beverages containing more than one-half percent alcohol by volume.

Alley means a public or approved private way which affords only a secondary means of access to property abutting thereon.

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

Animal hospital or veterinary clinic means any structure and land used (primarily and essentially) for the medical and surgical care of ill, injured, or disabled animals other than humans.

Animals, domestic, means any animals domesticated by man so as to live and breed in a tame condition. The keeping of domestic animals, such as dogs, cats, birds and the like is permitted in all residential zoning districts provided it is for noncommercial use.

Animals, farm/livestock/poultry, means the keeping and raising of farm animals, livestock and poultry is permitted within certain zoning districts as specifically set out in these zoning regulations. This includes any animals raised for food or product. For the purpose of the LDR, horses and ponies are considered farm animals.

Antenna means equipment designed to transmit or receive electronic signals.

Applicant means the person or entity engaged or seeking approval of an application.

Approved public road means a road that is owned and maintained by a governmental entity for use by the general public.

Aquaculture means the cultivation of the natural produce of water.

Area of special flood hazard means the land within the jurisdiction of the County which is subject to having a one percent chance of flooding annually (i.e., the 100-year flood).

Attached means a structure that shares at least 75 percent of its wall with an abutting principal building.

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

Automotive service station means an establishment whose principal business is the retail dispensing of automotive fuels and oil and or where grease, batteries, tires, and automotive 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), and where in addition the following services may be rendered and sales made, and no other:

(1)

Sales and servicing of spark plugs, batteries, and distributors and distributor parts.

(2)

Tire servicing and repair, but not recapping or re-grooving.

(3)

Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mufflers, mirrors, and the like.

(4)

Provision of water, anti-freeze, and the like.

(5)

Washing and polishing and sale of automotive washing and polishing materials, but this provision does not permit car laundries.

(6)

Provision and repairing fuel pumps and lines.

(7)

Servicing and repair of carburetors.

(8)

Wiring repairs.

(9)

Adjusting and emergency repair of brakes.

(10)

Motor adjustments.

(11)

Greasing and lubrication.

(12)

Sales of cold drinks, candies, tobacco, and similar convenience goods for service station customers, but only as accessory and incidental to the principal business operation.

(13)

Provision of road maps and other informational material to customers; provision of restroom facilities.

(14)

Uses permissible at an automotive service station include major mechanical work but do not include body work, straightening of frames or body parts, steam cleaning, painting, welding other than for the installation of mufflers, storage of automobiles not in operating condition, operation of a commercial parking lot or commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations. An automotive service station is not a body shop or a truck stop.

Bakery means the use of a structure or building for the production of bakery products including, but not limited to, breads, cakes, pastries, and doughnuts. When identified in the LDR as a use under "retail," the bakery products produced are for the direct sale to the consumer with no wholesale production or sales. Wholesale bakeries, for the purpose of the LDR, are considered manufacturing.

Bank means financial institution engaged in deposit banking and closely related functions.

Banquet hall means a personal services use where the primary service is the temporary rental or offering of any room or group of rooms, building or buildings, covered structure or portions thereof, and outdoor area to any person and primarily intended to accommodate private or civic ceremonies, events, functions or gatherings such as, but not limited to, anniversaries, birthdays, graduation, weddings, and similar celebrations or to group membership. The sale of alcoholic beverages for on-premises consumption during the scheduled event and not open to the general public is allowed as an accessory and incidental use. This land use is allowed as a primary or principal use in some zoning districts and as an accessory use.

Bar or cocktail lounge means any establishment devoted primarily to the retailing and on-premises drinking of malt, vinous, or other alcoholic beverages, or any place where any sign visible from public roads includes an exhibit or display indicating that alcoholic beverages are obtainable for consumption on the premises.

Base flood. See Area of special flood hazard.

Bed and breakfast means a dwelling, as distinguished from a hotel or motel, containing no more than six rentable units serving a meal or meals, intended primarily for rental or lease. Dwellings must be owner occupied.

Best management practices means practices that are technologically and economically practicable and most beneficial in preventing or reducing adverse impacts from mining activities.

Block means the length of a street between the intersections of that street with two other streets or a watercourse.

Boarded-up structure means the covering of any one or more doors, windows or other openings into a structure by any type of material, regardless of the reason for such boarding up. The term "boarded-up structure" excludes:

(1)

The typical hurricane or storm shutters custom manufactured permanently installed on residences on a year-round basis and then closed during the owner's temporary absence; and

(2)

The temporary (four- to five-day) boarding up normally done in preparation for a severe storm such as a hurricane.

Boardinghouse means an establishment with lodging for four or more persons, where meals are regularly prepared and served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu. A boardinghouse is intended to provide lodging accommodations for monthly periods or longer. Such accommodations are not considered transient.

Boat dock means a walkway protruding into a waterway which provides access to a moored boat. A boat dock may include a boat shelter.

Boat house, commercial, means a building where, for a fee, boats are housed, launched, hauled, repaired, serviced, maintained or stored.

Boat house, private, means an accessory use to a residential structure adjacent to a waterway, providing space for the housing of a boat and accessories customary thereto. A private boat house may not be used for the purpose of human habitation.

Boat shelter means a roofed structure adjacent to a waterway, open on all sides and providing covered protection to a boat.

Boat yards and ways means a premises or site used as a commercial establishment for the provision of all such facilities as are customary and necessary to the construction or reconstruction, repair or maintenance, sale of boats, marine engines or marine equipment and supplies of all kinds, including, but not limited to, rental of covered or uncovered boat slips or dock space or dry storage space or marine railways or lifting or launching services. Boat liveries shall provide sewage pump-out facilities and employ adequate spill containment equipment if petroleum or other such products are sold on the premises.

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

Breezeway means a roofed and paved passageway with a minimum width of five linear feet and a minimum distance of ten linear feet, open on at least one side, the design and construction of which is consistent with the design of the principal building and which provides direct access through doors between the two structures. No more than one breezeway shall be allowed on the same premises.

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

Building means any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the shelter or enclosure of persons, animals, or property of any kind.

Building, accessory, means a building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to the principal building. The accessory building shall not be larger than the principal building.

Building, height of, means the vertical distance above finished grade to the highest point of a flat roof, to the deck line of a mansard roof, or to the average height between the plate and the ridge of gable or hip roof. The height of a stepped or terraced building is the maximum height of any segment of the building. Where minimum floor elevations in floodprone areas have been established by law, which exceed the minimum point of measurement established in the LDRs, the building height shall be measured from such required minimum floor elevations.

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

Building, principal, means a building or, where the context so indicates a group of buildings in which is conducted the principal use of the lot on which such building is located.

Building site means the lot or lots or portion of a lot or lots used for a structure, including the total area of a lot or lots required for the building or structure and compliance therefore with the LDR.

Bulk storage means the storage of chemicals, petroleum products, grain, and other materials in structures for resale to distributors or retail dealers or outlets.

Cafeteria. See Restaurant.

Campground means land containing two or more campsites which are located, established, or maintained for use or occupancy by people in temporary living quarters, such as tents, recreational vehicles, or cabins, for recreation, education, or vacation purposes, with water and/or sanitary facilities, and for which a fee may be charged for such use or occupancy.

Campsite means a plot of ground within a campground intended for the exclusive occupancy by a cabin, recreational vehicle, or tent but which is not intended for permanent living quarters.

Car wash means a building or premises or portions thereof uses for washing automobiles.

Carport means an accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor vehicles owned and used by the occupants of a building to which it is accessory.

Cemetery means a place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains. A cemetery may contain land or earth interment; mausoleum, vault, or crypt interment; a columbarium, ossuary, scattering garden, or other structure or place used or intended to be used for the interment or disposition of cremated remains; or any combination of one or more of such structures or places.

Certificate of occupancy means a document issued by the Development Department setting forth that land, a building, or structure complies with the County LDRs and other applicable local requirements.

Certificate of ownership means an opinion of title of a licensed attorney or title company certifying to the County, based upon an examination of an abstract of title or the official records of the County, stating that the applicant is the owner in fee simple to the tract submitted for subdivision. The certificate shall also state the names and nature of all liens, mortgages and encumbrances against the title to the tract, if any.

Change of use means a discontinuance of an existing use and the substitution therefor of a use of a different kind or class. Change of use is not intended to include a change of tenants or proprietor unless accompanied by a change in the type of use.

Child care center means an establishment where seven or more children, other than members of the family occupying the premises, are cared for away from their own home by day or night. The term "child care center" includes day nurseries, kindergartens, day care service, day care agency, nursery school, or play school. The term "child care center" does not include foster homes or family day care homes.

Children's homes means a home for children whose parents cannot care for them because of death, separation, abandonment, illness or some other reason, operations of which is by a charitable or not-for-profit corporation.

Church. See House of worship.

Circulation area means that portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

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

Clinic, rehabilitative, means an establishment where persons who are dependent on toxic substances, such as drugs or alcohol, are counseled in individual or group therapy sessions. Such establishments shall be licensed by the State and regulated by State law. Persons shall not be lodged overnight in rehabilitative clinics.

Club, private, means those associations and organizations of a civic, fraternal or social character not operated or maintained for profit, and to which there is no unrestricted public access or use. The term "private club" shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.

Cluster means a development design technique that concentrates building on a part of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.

Code or Codes means the LDR and any or all ordinances of the County.

Code Enforcement Officer means any employee or agent of the County designated as such by the County Administrator whose duty it is to enforce codes and ordinances enacted by the County. Employees or agents who may be designated as Code Enforcement Officers may include, but are not limited to, code inspectors, law enforcement officers, animal control officers, or fire safety inspectors.

Commercial driveway means any driveway other than a private driveway or a temporary driveway.

Commercial equipment means any equipment commonly used in a commercial business (i.e., contractors equipment, earth moving machinery, utility trailers, and devices used for the transportation of equipment, material, or merchandise).

Commercial radio and TV receiving dish means a dish antenna structure of any configuration, whose purpose is to receive relay and/or transmit communication signals between another space and/or ground transmitter relay or receptor. A dish antenna structure which serves two or more dwelling units shall be deemed commercial for the purposes of these regulations. The inclusion of commercial radio and TV receiving dishes as a permitted use, with standards, in any zoning district is not intended to affect existing rights to install noncommercial dishes as permitted accessory uses within any zoning district.

Commercial vehicle means a motor vehicle not ordinarily used for personal transportation displaying writing, images, lettering, logos, or other advertising, that serves to encourage trade with, or make known services or products provided by a vehicle's owner or company; provided, however, that automobiles, motorcycles, vans, pickup trucks and other similar vehicles that are ordinarily used for personal transportation but which may be used periodically for commercial purposes shall not be considered to be commercial vehicles.

Communications tower means any structure erected and so designed to receive or transmit electronic waves, such as telephone, television, radio or microwave transmissions. Towers used for residential purposes which meet residential height limits are exempt from this definition.

Community center means the use of a structure or building by members of the community, as opposed to the general public for social, cultural or recreational purposes.

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

Concept plan means an informal plan for development that carries no vesting rights or obligations on any party.

Concurrency, certificate of. A certificate of concurrency shall be issued where a proposed development is found to be concurrent.

Concurrent. A proposed development will be considered concurrent if that development does not lower the existing level of service (LOS) of a facility/service below the adopted level of service in the County Comprehensive Plan.

Condominium means a form of ownership of real property which is created pursuant to F.S. ch. 718, which is comprised of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements.

Condominium parcel means a unit, together with the undivided share in the common elements which is appurtenant to the unit.

Condominium property means the lands, leaseholds, and personal property, that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto for use in connection with the condominium.

Connected means a principal building that is coupled or linked to another structure by a breezeway.

Construction, actual, means the commencement and continuous uninterrupted construction pursuant to a permit which includes the permanent placement and fastening of materials to the land or structure for which the permit has been issued. 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. Fill and the installation of the drainage facilities shall be considered a part of construction. Actual construction shall include only work begun under a valid development permit.

Contiguous property. See Abutting property.

Continuing in good faith means that no period of 365 consecutive days has passed without the occurrence, on the land, of substantial development activity which significantly moves the proposed development toward completion. If the developer establishes that the 365 day lapse in substantial development activity was due to factors beyond the developer's control the running of the 365 day period shall be tolled for so long as the factors preventing development exist.

Convenience store means a small retail store which sells convenience items, including, but not limited to food, beverages, tobacco products and similar uses as its primary sales. A convenience store may, in certain zone districts, include the sale of gasoline and diesel fuel but such sales shall be accessory to the primary sale of convenience goods.

Cooking facilities means facilities for the day-to-day storage, cleansing, and preparation of food, and shall include, but not limited to: a stove, a refrigerator, and a sink. Where these facilities are all built into one unit by the manufacturer, or where they constitute less than 16 square feet of floor area, they shall not be considered cooking facilities.

Correctional facility means a public facility, other than a jail, for the housing of persons convicted of a crime.

County roads means roads for which the County has accepted maintenance responsibility.

Density, residential, refers to the number of residential units permitted per gross acre of land.

Deterioration means the condition or appearance of structure or parts thereof are characterized by holes, breaks, rot, crumbling, cracking, fading or peeling of paint or finishes of the structure, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.

Developer means any person, including a governmental agency, undertaking any development.

Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.

(1)

The following activities or uses shall be taken to involve development: a reconstruction, alteration of the size, or material change in the external appearance of a structure on land; a change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land; alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any coastal construction; commencement of mining, or excavation on a parcel of land; demolition of a structure; clearing of land as an adjunct or construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land.

(2)

The following operations or uses shall not be taken to involve development: work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way; work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like; work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; the use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; the use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock, or other agricultural purposes; a change in the use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class; a change in the ownership or form of ownership of any parcel or structure; the creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

(3)

Development as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development.

Development capacity means an element of the concurrency management system, addressing the ability of public facilities to absorb development that has not been built, or that has not been completely built out, and that therefore has not impacted, or fully impacted, existing public facilities. The availability of public facilities to accommodate future development, in order to maintain an established level of service, will take into account this vested but currently unused or under-utilized capacity.

Development of regional impact (DRI) means any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county.

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

Development permit includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development.

Development plan means a drawing pictorially showing the land use elements either scaled or schematically illustrated, supported by documentation, where warranted.

Development Review Committee means a group of County staff members and/or consultants and representatives from other regulatory agencies, as applicable, who are designated by the County Administrator to review and coordinate applications for development approval including, but not limited to, subdivisions, development plans, improvement plans, rezonings, special exceptions, variances, vacations of right-of-way and plats, and other development applications and matters. Members of the development review committee may include, but are not limited to, the Development Director, the County Engineer, the Fire Chief, the Utility Director and the Building Official, or their designees, and the composition of the Development Review Committee may change from time to time at the discretion of the County Administrator.

Director of Development means that person designated by the Board responsible for the operation and administration of the Development Department, including the Development Department's administration and implementation of the LDRs. When the position is not otherwise filled, the County Administrator may serve as the Director of Development.

Disturbed lands means, in the context of phosphate mining, the surface area of the land that is mined and all other land area in which the natural land surface has been disturbed as a result of or incidental to mining activities.

Dormitory means a building used as a group living quarters for a student body, religious order, or other group as an associated use to a college, university, boarding school, orphanage, convent, monastery, or other similar use. Dormitories do not include kitchen facilities, except a group kitchen to serve all residents.

Drinking establishment means an establishment where alcoholic beverages are served and where such beverages are consumed on the premises. If the facility also sells food and the sale of food products represents more than 50 percent of the facilities total sales, the facility is considered an eating establishment.

Drive-in restaurant or refreshment stand means any place or premises where provision is made on the premises for the selling, dispensing, or serving of food, refreshments, or beverages 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 and/or in other than a completely enclosed building on the premises. A restaurant which provides drive-in facilities of any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant for purposes of the LDRs. A barbecue stand or pit having the characteristics noted in this definition shall be deemed a drive-in restaurant.

Drive-in window means a window or other opening in the wall of a principal or accessory building through which goods or services are provided directly to customers in motor vehicles by means that eliminate the need for such customers to exit their motor vehicles.

Driveway means a path for a vehicle leading to or from abutting property. The term "driveway" may be used interchangeably with the term "connection."

Driveway, commercial, means any driveway other than a private driveway or a temporary driveway.

Driveway, private, means any driveway intended to serve a single-family residence or a duplex. The term "private driveway" shall also apply to a driveway used to gain access to agricultural land.

Driveway, temporary, means a driveway intended to serve construction activities or other commercial activities of a temporary nature which will terminate within one year.

Dry cleaners means an establishment engaged in providing laundry, dry cleaning, and other related services to individual customers.

Dry cleaning plant means an establishment engaged in providing laundry, dry cleaning, and other services on a large scale for institutions, business, or other such establishments.

Duplex means a single structure containing two single-family units.

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

(1)

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

(2)

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

(3)

Guest houses and servants' quarters shall not be considered as dwelling units in the computation provided in this definition.

(4)

Any multiple-dwelling in which dwelling units are available for rental for periods of less than 30 days shall be considered a transient accommodation.

Dwelling, multiple-family, means a building containing three or more dwelling units.

Dwelling, one-family or single-family, means a building containing only one dwelling unit. For regulatory purposes, the term "one-family or single-family dwelling" is not to be construed as including mobile homes, manufactured homes, travel trailers, housing mounted on motor vehicles, tents, houseboats, or other forms of temporary or portable housing.

Dwelling, two-family or duplex, means one building containing only two dwelling units.

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

Earthmoving means the removal, extraction, or excavation for any purpose of soils, sands, shell, limestone, dolomite, gravel, ore, rock, clays, peat, or any material by whatever process, but not including phosphate mining and processing activities.

Earthmoving site means, in determining the size of an earthmoving project, the boundaries of all disturbed soils, including the actual excavation and the required slope areas for reclamation.

Eating establishments means an establishment whose principal business is the sale of food, desserts, or beverages to the customer in a ready-to-consume state.

Electrical and electronic repair means an establishment engaged in the repair of electrically powered equipment or electronic equipment such as, but not limited to, appliances, televisions, radios, noncommercial stereo equipment, computer and similar equipment.

Elevated building means a non-basement building built to have the lowest floor one foot or more above the base flood elevation by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.

Emergency medical clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more physicians. An emergency medical clinic is not a doctor's office or a professional office.

Emergency services include police, fire, rescue, or ambulance (but not funeral home) services whether operated by a government agency or by a quasi-public agency performing a public service.

Enforcement official means the Building Official, any Building Inspector, any Code Enforcement Officer or any person duly designated by the County Administrator in writing to inspect premises and enforce these land development regulations, including the community appearance standards or minimum rental housing maintenance exterior standards.

Engineer means a civil engineer, registered and currently licensed to practice in the State, retained by the developer for the purpose of design and construction supervision.

Environmental quality means the character or degree of excellence or degradation in the total essential natural resources of the area as measured by the findings and standards of the physical, natural resources of the area as measured by the findings and standards of the physical, natural and social sciences, the arts and technology, and the quantitative guidelines of Federal, State and County governments.

Erected includes built, constructed, reconstructed, moved upon, or any physical operation on the premises required for building. excavation, fill, drainage, demolition of an existing structure, and the like shall be considered part of erection. See Construction, actual.

Essential services means services designed and operated by, or under the approval of, appropriate governmental jurisdictions to provide necessary utilities, general communications, public uses, and solid waste disposal facilities.

Excavated area means the hole or pit made by excavating.

Excavation means the removal of earth material of any type or composition excluding phosphate from below the surface elevation of the ground.

Excavation operations means all activities in connection with excavation within the excavation site limits, including, but not limited to, crushing, screening, containerizing, transport of materials, shop operations, dewatering, site preparation, maintenance and the stock piling and loading of materials.

Exotic nuisance species means those species not native to the State and which have been scientifically shown to have an undesirable ecological valve, including, but not limited to, Brazilian pepper (schinus terebinthifolius), cajeput (Melaleuca quinquenvia) and Australian pine (Casuarina equisetifolia).

Family means one or more persons occupying a single dwelling unit, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families. The term "family" shall not be construed to mean a fraternity, sorority, club, monastery or convent, or institutional group.

Family cemetery means an area of land of less than two acres set apart from a larger parcel of land for the sole purpose of burial of deceased family members of the property owner. Burial spaces and burial merchandise such as headstones, other markers, caskets and urns for burial of cremated remains may not be offered for sale, and a family cemetery may not include a mausoleum, vault, crypt, columbarium, ossuary, or scattering garden.

Family day care home means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. Household children under 13 years of age, when on the premises of the family day care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. See F.S. § 402.302.

FDOT means the Florida Department of Transportation.

Feedlot means a confined area or structure, pen, or corral, used to fatten livestock prior to final shipment.

FEMA means the Federal Emergency Management Agency.

Flea market means the sale of items brought to the parcel of land for sale to the public on a daily, weekly, or monthly basis. This activity shall not include cattle auctions.

Flood insurance rate map (FIRM) means the official map issued by the Federal Emergency Management Agency whereon special flood hazard areas are indicated.

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

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of waterways;

(2)

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

Floodplain permit means the permit required prior to development within a special flood hazard area.

Floodproofing means any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water or sanitary facilities, structures and their contents.

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

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

Floor area. Except as may be otherwise indicated in relation to particular districts and uses, the term "floor area" shall be construed as 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 public corridors, common restrooms, attic areas with a headroom of less than seven feet, unenclosed stair 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 an average of 48 inches above the general finished and graded level of the adjacent portion of the lot.

Frontage boundary line means a line perpendicular to the road centerline, at each end of the frontage extending from the right-of-way line to the edge of the through traffic lane.

Frontage of a lot. See Lot frontage.

Garage apartment means an accessory or subordinate building, not a part of or attached to the main building, where a portion thereof contains a dwelling unit for one family only, and the enclosed space for at least one automobile is attached to such dwelling unit.

Garage, parking, means a building or portion thereof designed or used for temporary parking of motor vehicles, and where gasoline and oils may be sold only to parking patrons of the garage.

Garage, private, means an accessory structure designed or used for inside parking of private passenger vehicles, recreation vehicles, or boats, by the occupants of the principal building. A private garage attached to the principal building is to be considered part of principal building. An unattached private garage is to be considered as an accessory building except as provided for under LDR Section 20-656(a)(6).

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

Garage sale means the sale of miscellaneous used items commonly associated with residential use. Garage sales shall not be for the sale of primarily a single commodity.

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

Good repair and condition means to remain or cause to remain in a specified state or condition in which the structure or structure materials are clean, safe, and not in need of being repainted or re-varnished due to discoloration, chipping or graffiti, or in need of being re-filled or repaired due to cracks or holes, or being replaced because it is no longer fit for its intended purpose.

Good working repair, as it relates to a structure, means that it is safe and reasonably comfortable for its ordinary intended use, or that the materials used in the structure are sound and stable and performing the function for which they were intended. As it relates to fixtures, appurtenances, and personalty located within, on, or adjacent to any structure, the term "good working repair" shall mean that said item is sound and fully performing the function for which it was designed.

Good working order or condition means the item is fully operable for the use of which it was intended.

Graffiti means any writing, drawing, painting, inscription, figure or mark of any type on any structure, public or private, or any other property, real or personal, that has been made without the consent of the owner of the property.

Gross floor area means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Group home, large, means a nonprofit or for-profit boarding home for the sheltered care of more than six persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation.

Group home, small, means a nonprofit or for-profit boarding home for the sheltered care of six or fewer persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation.

Guest house means a building separate from and in addition to the principal residential building on a lot but not exceeding 50 percent of the floor area of said principal residential building, intended for intermittent or temporary occupancy. These living quarters shall be used exclusively for noncommercial accommodations for friends and relatives of the occupant or owner of the principal dwelling.

Habitable floor means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or any combination thereof. A floor used only for storage is not a habitable floor.

Health practitioner's office means an establishment offering diagnostic and routine health care on an outpatient basis by licensed practitioners such as but not limited to physicians, dentists, and chiropractors.

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

Historic structure means any structure that is:

(1)

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

(2)

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

(3)

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

(4)

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

a.

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

b.

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

Home for the aged means a facility for the care of the aged with routine nursing and/or medical care and supervision provided for seven or more adults not related to the owner or operator by blood or marriage. A home for the aged is in the nature of a nursing home, but with clientele restricted to the aged.

Home occupation means an occupation or activity which is clearly incidental and secondary to use of the premises as a dwelling and which is carried on wholly or in party within a main building or accessory building by a member of the family who resides on the premises.

Hospice means an institution designed to provide comfort and relief for the emotional and physical needs of the terminally ill.

Hospital means a building or group of buildings having facilities for overnight care of one or more human patients, providing services to in-patients and medical or surgical care to the sick and injured, and which may include as related facilities laboratories, out-patient services, training facilities, central service facilities, and staff facilities; provided, however, that any related facility shall be incidental and subordinate to principal hospital use and operation. A hospital is an institutional use under the LDR.

Hospital, veterinary, means any structure or premises used primarily and essentially for the medical and surgical care of ill, injured or disabled animals other than humans.

Hotel or motel means a unit designed for transient occupancy and utilized for rental purposes and does not have separate electric or water meters for any of the units.

Hunting cabin means a temporary structure or shelter used primarily during the hunting seasons, and which shall not be used or be designed to be used as a permanent residence or structure.

Hydrodynamic load means the forces resulting from liquids in motion.

Impervious surface means any material or structure placed upon real property which prevents, impedes, or slows infiltration or absorption of water directly into the ground at the rate of absorption of vegetation-bearing soils. Examples include, but are not limited to: artificial turf; asphalt; brick; compacted gravel, shell rock, and stone; concrete; deck; glass; metal; millings; paving block; plastic; porch; roofs; surface water detention and retention areas; swimming pool and apron; walkways; waterbodies, such as canals, ponds and lakes; and other similar materials and structures.

Impervious surface cover, impervious surface lot coverage, and impervious lot coverage means a measure of land use intensity calculated by dividing the total of all impervious surfaces on a real property by the net size of the real property as displayed on a real property survey.

Joint driveway means one driveway located in such a manner to provide access to two adjoining parcels with different ownership. Joint driveways must be constructed with the center of the joint driveway located on the common property line, or an easement must be recorded by the owner whose property the joint driveway is located giving the other property owner perpetual right of egress/ingress to their property.

Junk means old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles, and parts thereof.

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

Kennel means any commercial establishment, including shelter operations, used for the boarding, breeding, housing, training, or sale or care of four or more dogs, cats, or other domestic animals or birds. The term "kennel" does not include riding stables, animals for personal use, or animals kept on farms or ranches located on five or more acres. All kennels shall meet the following standards: The kennel will have fencing at least six feet high and will be designed to securely contain all animals and prevent animals from escaping from kennel's confines. Fencing can be of the chain-link type or the solid privacy fence type. Kennels containing more than ten animals at any given time will require a sanitation system to be installed. A sanitation system is a septic tank. Allowed zoning for kennels: A-10 and A-5 permitted with special exception only. Kennels are prohibited in all other zonings. Minimum lot area shall be ten acres for Zone A-10 and five acres for zone A-5. Kennel setbacks: No external part of a kennel shall be located within 200 feet of any other parcel of land and/or the banks of any stream, river or other body of water that could be subject to flooding. Exception to kennel setback: Kennels may be located with less than 200 feet of any other parcel if and only if the kennel is completed enclosed with sound dampening walls. If this exception is met, the kennel setback will be the same as any other outbuilding in the specified zoning district that parcel lies within. All kennels shall provide individual containment pens with hard surface flooring, water and food devices. All kennels must also identify an exercise area for animals and maintain exercise area outside of the required setback 200 feet.

Kindergarten. See Child care center.

Kitchen means an area within a structure used for cooking which contains a sink and a significant cooking appliance (electric/gas range with or without oven).

Landfill means those lands, public and private, which are used for the purpose of disposing sanitary solid wastes.

Landscaping shall consist of, but not be limited to, grass, ground covers, shrubs, vines, hedges, trees, berms and complementary structural landscape architectural features such as rock, fountains, sculpture, decorative walls and tree wells. Where a landscaped buffer is required by the LDRs, the use of only grass and/or ground covers shall not constitute a landscaped buffer.

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

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

Lot means a parcel of land of at least sufficient size to meet minimum requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on a public street or on an approved private street, and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

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;

(4)

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 the LDRs.

Lot, corner, means a lot at the point of intersection of and abutting on two or more intersecting street lines, or in the case of a curved street, on extended street lines of not more than 135 degrees.

Lot frontage means the front of an interior lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as set out in the LDRs. For the purpose of computing number and area of frontage of a lot shall be established by orientation of the frontage of buildings thereon, or of principal entrance points to the premises if building frontage does not clearly indicate lot frontage. If neither of these methods are determinant, the Development Director shall select on the basis of traffic flow on adjacent streets, and the lot shall be considered to front on the street with the greater traffic flow. See also Building frontage.

Lot, interior, means a lot other than a corner lot with frontage on only one street.

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

Lot line, interior, means any lot line that is not a street lot line, a lot line separating a lot from another lot.

Lot line, street, means any lot line separating a lot from a street right-of-way or general access easement. Where a lot line is located within such street right-of-way or easement, the right-of-way or easement boundary adjacent to the lot is considered to be the street lot line.

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

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

Lot of record means a lot which is part of a subdivision or a lot described by metes and bounds the description of which has been recorded in the office of the County Clerk of the Circuit Court:

(1)

Prior to September 28, 1981.

(2)

After September 29, 1981, that conforms to the requirements of this chapter.

(3)

After March 1, 1982, that conforms to the requirements of this chapter and the Public Works Manual.

Lot width means the horizontal distance measured along a straight line connecting the points where the minimum front yard line meets the interior lot lines or, if on a corner, the other front yard line.

Lumberyard means an establishment engaged in the cutting, dressing, finishing, and wholesale sale of lumber.

Manufactured home means a mobile home as defined in F.S. § 320.01(2)(b), as it may be amended from time to time.

Manufacturing, processing, and assembling means the mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories, or mills and characteristically use power-driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition, if the new product is neither a fixed structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastics, resins, or liquors.

Marina means a commercial establishment with a waterfront location for the provision of: rental of covered or uncovered boat slips or dock space or dry storage space (not to exceed one story), rental and/or sale of boats and boat motors, repair and maintenance of boats and boat motors in a sound proof area, marine fuel and lubricants, bait and fishing equipment, on-shore restaurants, and small boat hauling or launching facilities. Marinas shall provide sewage pump-out facilities and employ adequate spill containment equipment if petroleum or other such products are sold on the premises. Such premises or site shall not include boat and/or motor manufacturing as an incidental use. A boat sales lot is not a marina.

Matrix means the combination of gangue and/or minerals in which the ultimate product of mining activities is contained.

Mean high water line means the intersection of the tidal plane of mean high water with the shore as established by applicable law.

Medical and dental laboratory means an establishment engaged in the testing and analysis of material for medical or dental services or for the patient on prescription of a health practitioner.

Membership organizations means a membership establishment operated by a corporation or association of persons for activities which include, but are not limited to, business, professional, social, literary, political, educational, fraternal, charitable, or labor activities, but which are not operated for profit or to render a service which is customarily conducted as a business.

Mineral extraction means the extraction of mineral ore from the earth by whatever method including the removal of overburden for the purpose of reaching underlying ore.

Mining activities means all functions, work, facilities and activities in connection with the development, extraction, drying or processing of mineral deposits and all uses reasonably incidental thereto. The definition of mining also includes reclamation. Site surveying, prospecting, coring, mapping and other functions necessary solely for proper preparation of permit applications are excluded.

Mobile home means a structure, transportable in one or more sections, as defined in F.S. § 320.01(2)(a), as it may be amended from time to time. In addition, commencing on May 1, 2015, all new mobile homes and existing mobile homes that are relocated or purchased must be skirted with materials compatible with the neighborhood and the mobile home, and which shields from view the area or space under the home to a reasonable extent under the circumstances. When another structure is joined to a mobile home through flashing or other material approved by the Chief Building Official, such structure shall be considered part of the principal use or mobile home.

Motor vehicle means any vehicle or means of conveyance listed under F.S. § 320.01(1).

National Geodetic Vertical Datum (NGVD) means the vertical control used as a reference for all elevations related to the LDR's.

New construction means buildings for which the start of construction commenced on or after May 25, 1983, the effective date of the ordinance from which this chapter is derived.

Nursing home, rest home or extended care facility means a private home, institution, building, residence, or other place, which undertakes through its ownership or management to provide for a period exceeding 24 hours, maintenance, personal care, or nursing for three or more persons not related by blood or marriage to the operator, who by reason of illness, physical infirmity or advanced age, are unable to care for themselves; provided, that this definition shall include homes offering services for less than three persons where the homes are held out to the public to be establishments which regularly provide nursing and custodial services.

Occupied includes arranged, designed, built, altered, converted to or intended to be used or occupied.

Off-premises means not located on the same lot with the principal use or structure.

Office, business, means an office for activities such as, but not limited to, real estate agencies, advertising agencies (but not sign shop), insurance agencies, travel agencies and ticket sales, chamber of commerce, credit bureau, abstract and title agencies or insurance companies, stockbroker, and the like. A business office does not include the display or delivery of retail or whole goods from the premises to a customer. A barbershop or beauty shop is not a business office.

Office, professional, means an office for the use of a person or persons generally classified as professionals, such as but not limited to, architects, engineers, attorneys, accountants, doctors, lawyers, dentists, psychiatrists, psychologists, and the like.

Official Zoning District Atlas means scaled base maps of the unincorporated area of the County depicting land features, roads and property lines overlaid with zoning district boundaries adopted by the County Board of Commissioners and certified and dated by the chairman, as may be amended from time to time. Zoning district symbols are depicted within each boundary.

Open space means real property dedicated, designated, reserved or set-aside that is in a natural or unimproved state or landscaped and which is used to meet human recreational or spatial needs, or to protect water, air, or plant areas. All flood plains, stormwater management areas, and waterbodies shall count toward meeting the open space standard; however, private yards shall not be included within the open space requirement and not more than 25 percent of any stormwater management area shall count toward meeting the open space requirement.

Open space, usable, means the portion of a lot or parcel which can be used by the inhabitants of the property for outdoor living, active or passive activity and/or recreation. Usable open space shall include active and passive recreation areas such as playgrounds, golf courses, water frontage, waterways, lagoons, floodplains, nature trails and other similar open spaces. Open water area beyond the perimeter of the site and street rights-of-way, driveways, off-street parking areas and off-street loading areas, or private yards shall not be counted in determining usable open space. In addition, not more than 25 percent of any stormwater management area shall count toward meeting the usable open space standard.

Open storage means the storage outside of a building, or within buildings with less than three sides; materials, supplies, merchandise, equipment, non-motorized commercial vehicles, and like items, but excluding junk.

Operating permit means, in the context of mining, written authorization to commence specified mining activities for a specified period of time, and generally requiring information and analysis more detailed than that available or existing at the time of phosphate mining master plan and DRI review.

Operator, earth moving, means the person authorized, in accordance with an approved application, to be in charge of, and responsible for, the conduct of an earth moving operator.

Overburden means the natural covering of any mineral sought to be mined including, but not limited to soils, sand, shell, rock, gravel, limestone, clay or peat.

Owner means the person, corporation, or other entity holding title to the property.

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

Parking means the act of placing a vehicle, equipment, or similar item at a specific location for a temporary period of time, generally less than one week.

Parking area, off-street, means an area for the temporary storage and parking of motor vehicles including the area required for adequate maneuvering space, access aisles or drive thereto.

Parking lot, remote, means an off-street parking area that is not located on the same premises as the principal use but is intended to exclusively serve the off-site principal use and that is not to be used for truck parking.

Parking space, off-street. An off-street parking space shall consist of a space adequate for parking a standard size automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any automobile may be parked and un-parked without moving another.

Park trailer means a transportable unit as defined in F.S. § 320.01(1)(b)7, as it may be amended from time to time.

Percolation means the seepage of water through the soil under gravity.

Person means an individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.

Personal care services means the furnishing of services to residents including, but not limited to, individual assistance with, or supervision of, essential activities of daily living, such as eating, bathing, grooming, dressing and ambulation; the supervision of self administered medication and other similar services. Personal care services does not mean the provision of medical, nursing, dental or mental health services.

Personal services means an establishment that primarily provides services generally involving the care of a person or a person's apparel, including, but not limited to, barbershops, beauty salons, seamstress shops, dry cleaning, and laundry pickup facilities.

Pervious surface means an area of real property maintained in it natural condition or with improved material that absorbs water at the rate of absorption of vegetation bearing soils. Examples include, but are not limited to: ground cover, such as grasses, other plant materials less than one-foot high, sand, or inorganic materials grown or placed to keep soil from being blown or washed away; landscaped areas; non-vegetative ground cover, such non-compacted gravel, shell rock, and stone rivers; wetlands; and uplands.

Phosphate mining master plan means a description of proposed phosphate mining activities over the life of the mine, so as to allow overall review of applicant's phosphate mining activities.

Place of worship means a site or premises, such as a cathedral, chapel, church, mosque, synagogue, tabernacle, temple, or similar place which is used for religious worship and religious activities, including religious education and customary accessory uses, by a body or organization of religious believers.

Planned unit development means land under unified control to be planned, and developed, operated, and maintained as a whole in a single development operation or a definitely programmed series of development operations which contains one or more residential clusters and one or more public, quasi-public, commercial, or industrial areas. A planned unit development includes principal and accessory structures and uses substantially related to the character and purposes of the planned development. A planned development is built according to general and detailed plans which include not only streets, utilities, lots and building location, and the like, but also site plans for all buildings as are intended to be located, constructed, used, and related to each other, and plans for other uses and improvements on the land as related to the buildings. Approval of a planned unit development may authorize a relaxation of other requirement of the LDRs. A planned development includes a program for the provision, operation and maintenance of such areas, facilities, and improvements as will be for common use by some or all of the occupants of the planned unit development district, but which will not be provided, operated, or maintained at general public expense.

Plat means the drawing which depicts the manner and method of subdivision of a particular parcel of land which is prepared for the express purpose of being recorded in the public records as a permanent and official record of the subdivision. When used as a verb, the meaning is taken as the act of preparing the plat.

Premining construction activities means major disturbances that include the following:

(1)

Clearing land in preparation for mining but not for construction of roads, power lines, or pipelines;

(2)

Clearing land for constructing waste disposal sites;

(3)

Draining wetlands;

(4)

Removing overburden, if no clearing was necessary; and

(5)

Constructing dams.

Premises means a lot, parcel, tract, or plot of land and water together with the buildings and structures thereon.

Principal use or structure means a use or structure which is allowable in a zoning district without the need for any other use or structure, and is synonymous with the term permitted use and structure and special exception uses and structures as used in Sections 20-126 through 20-143.

Produce stands means the retail sale of any form of agricultural or horticultural products such as, but not limited to, flowers, firewood, fruits, vegetables, boiled peanuts, and other perishable goods. The term "produce stands" does not include food stands where food is cooked or prepared.

Professional services means an establishment containing practitioners of a calling or vocation in which knowledge of some department of science or learning is used in its application to the affairs of others. Such activities would include, but not be limited to, accounting, auditing and bookkeeping services, architectural services, engineering and surveying services, interior design services, and legal services. Physicians and dentists are classified as health practitioners.

Project means construction within prescribed limits such as a platted subdivision or the total work for which a permit is issued. An undertaking of land development by one developer of contiguous lands into one or more subdivisions.

Project engineer means the professional engineer registered in the State, or a corporation authorized to practice engineering in the State, designated by the developer to act in his behalf insofar as duties of the project engineer are prescribed in the LDRs.

Project surveyor means the professional land surveyor registered in the State, or a corporation authorized to practice land surveying in the State, designated by the developer to act in his behalf insofar as duties of the project surveyor are prescribed in the LDRs.

Public service facilities means the use of land, buildings, or structures by a public utility, railroad, or governmental agency, including water treatment plants, sewage treatment plants, telephone exchanges, resource recovery facilities, and other similar public service structures, but not including land, buildings, or structures devoted solely to the storage and maintenance of equipment and materials.

Public utility facility means facilities, including, but not limited to, electric transmission and distribution lines, gas and water pumping stations, transformer stations, but not including land used for storage of materials and maintenance of equipment.

Publishing and printing means an establishment primarily engaged in preparing, publishing, and printing newspapers, periodicals, books, and pamphlets.

Radio and television studio means a facility for the production and broadcast of radio and television shows, including their offices, dressing rooms, broadcast and taping studios, file rooms, set storage and related installations, but not including radio and television transmitting and receiving facilities.

Reclamation means the reshaping and revegetation of land and water bodies disturbed or affected by mining activities.

Recreation services means privately owned outdoor amusement facilities such as golf and country clubs, swimming and tennis clubs, equestrian centers, marinas, but built as part of a residential development. The term "recreation services" also includes publicly owned and operated facilities such as athletic fields, golf courses, tennis courts, swimming pools, parks, marinas, and similar uses not associated with a school.

Recreational vehicle means a vehicular type portable unit as defined in F.S. § 320.01(1)(b), as it may be amended from time to time.

Recreational vehicle park means the provision of recreational vehicle spaces on a single zoning lot.

Recreational vehicle space means a parcel of land in a recreational vehicle park designated for the placement of one recreational vehicle, one park trailer recreational vehicle, one similar recreational vehicle, one mobile home, or one tent for the exclusive use of its occupants. A space may also contain such temporary structures as screened enclosures and storage sheds, or it may contain a combination of one recreational vehicle and tents for the exclusive use of a single family.

Rehabilitation centers means an establishment engaged exclusively in the provision of outpatient services to correct, cure or assist an individual in adjusting to a physical disability. Such services include but are not limited to physical therapy, occupational therapy, speech therapy, audiology, radiology and respiratory therapy, but excluding therapy for mental illness, drug or alcohol dependency, or rehabilitation of criminals.

Rental and leasing of light equipment means an establishment engaged in the renting or leasing of equipment, including, but not limited to, wedding supplies, party supplies, small appliances, hand tools, furniture, and like items.

Rental hall means a personal services use where the primary service is the temporary rental or offering of any room or group of rooms, building or buildings, covered structure or portions thereof, and outdoor area to any person and primarily intended to accommodate a public event, function or gathering, such as but not limited to an athletic event (e.g., boxing or wrestling match), an entertainment event (e.g., concert or play), a religious gathering (e.g., prayer and worship services) and similar functions that is open to the general public. The sale of alcoholic beverages for on-premises consumption during the scheduled event is prohibited unless a temporary license for the sale of alcoholic beverages is received. This land use may be allowed through the discretionary special event permit process (e.g., outdoor event permit) or as an accessory or incidental use within County-owned facilities.

Rental of dwelling or dwelling units means any non-owner-occupied dwelling or dwelling unit.

Repair services means the use of land, structures or buildings for the purposes of mending or restoring items after decay, damage, dilapidation, or partial destruction. Such services include, but are not limited to: motor vehicle repairs, bicycle repair, electrical and electronic repairs, gunsmiths, locksmiths, re-upholstery services, furniture, refinishing and repair, small motor repair, and watch, clock, and jewelry repair. Construction activities is not included in repair services.

Repeat violation means a violation of a provision of a code by a person who has previously been found, by the Special Master to have violated the same provision within five years prior to the subject violation.

Residentially designed manufactured home means a factory built, single-family dwelling that meets either the National Manufactured Home Construction and Safety Standards Act (42 USC 5401 et seq.) commonly known as HUD (U.S. Department of Housing and Urban Development) Code or the Florida Manufactured Building Act of 1979 (F.S. ch. 553, part I). These residentially designed manufactured homes must have: a roof with a pitch not less than three inches rise in a 12-inch run with eaves; vinyl, wood or masonry siding or an approved product that simulates any of these types of siding; and be a minimum width of 22 feet. All residentially designed manufactured homes must meet or exceed the structural requirements for the wind zone in which they are installed, as specified in their respective codes. In addition, commencing on May 1, 2015, all new residentially designed manufactured homes and existing residentially designed manufactured homes that are relocated or purchased must be skirted with materials that are compatible with the neighborhood and the mobile home, and shields from view the area or space under the home to a reasonable extent under the circumstances. When another structure is joined to a residentially designed manufactured home through flashing or other material approved by the Chief Building Official, such structure shall be considered part of the principal use or residentially designed manufactured home.

Rest home. See Nursing home.

Restaurant means 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. A drive-in restaurant is not a restaurant for purposes of the LDRs. A cafeteria is a restaurant for purposes of the LDRs.

Restaurant, drive-in, means an establishment where food is prepared and served to the customer in a ready-to-consume state, but only for consumption outside the building.

Restaurant, fast-food, means an establishment where food is prepared and served to the customer in a ready-to-consume state for consumption either within the restaurant building, outside the building, but on the same premises, or off the premises and having any combination of two or more of the following characteristics:

(1)

A limited menu, usually posted on a sign rather than printed on individual sheets or booklets;

(2)

Self-service rather than table service by restaurant employees;

(3)

Disposable containers and utensils; or

(4)

A kitchen area in excess of 50 percent of the total floor area.

A cafeteria shall not be deemed a fast-food restaurant for the purpose of the LDRs.

Retail means the use of land, buildings, or structures for the sale of merchandise to the consumer of the merchandise which may include, but not be limited to, convenience goods, shoppers goods' bicycle sales, liquor stores, lumber and other building material sales, mail order pickup facilities, manufactured home sales, motor vehicle sales, service stations, and sales of used merchandise.

Retail sales, convenience goods, means commercial establishments that generally service day-to-day commercial needs of a residential neighborhood, including, but not limited to, convenience stores, tobacco shops, newsstands, bakeries, candy, nut and confectionery stores, delicatessens, dairy products, meat and seafood markets, produce markets, food stores with less than 10,000 square feet in floor area, and eating establishments.

Retail sales, shoppers goods, means commercial establishments that supply the more durable and permanent needs of a community, including, but not limited to, apparel and footwear stores; appliance stores; art supplies stores; automotive supply stores; book and stationery stores; camera and photography supplies stores; department stores; discount stores; drug stores; farm supplies stores; florists; and home furnishing stores; gift shops; gun and ammunition sales; hardware stores; hobby, toy and crafts stores; jewelry stores; lawn and garden supply stores; novelty and souvenir shops; office equipment stores; optician and optical supplies stores; paint and wallpaper stores; pet shops; radio and television sales stores; sporting goods stores; trading stamps redemption stores; and variety stores.

Right-of-way means a parcel of land deeded or dedicated to the public or to special interest for a particular purpose. A right-of-way may be identified as being a street, avenue, road, boulevard, highway or any other such designation, or as a drainage or utility right-of-way.

Road or roadway means the surface upon which vehicles and pedestrians travel which is usually located within a right-of-way. The term "road" may be used as a proper name with supplementary identification to make reference to a particular right-of-way.

Runoff means the surplus volume resulting from rainfall.

Sand/clay reclamation site means, in the context of mining, locations where sand/clay mixtures are deposited and settled within dams constructed over excavated areas as part of a final reclamation effort.

School means buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by State law and approved by the Board of County Commissioners.

Scour means erosion caused by debris and flowing water.

Seasonal high water table means the annual high elevation of the surface water table under ordinary rainfall conditions.

Service station. See Automotive service station.

Setback line means a line marking the minimum distance between a right-of-way line, property line, or other defined location and the beginning point of a required yard or the buildable area, as may be required by the LDRs.

Settling means the clay-water mixture and associated chemicals resulting from processing the matrix.

Sign means a board, notice, poster or placard that is publicly displayed which is designed to advertise or attract attention, or to convey a message, information, instructions or a direction.

Site alteration means any modification, change or transformation of any portion of a lot or parcel of land including, but not limited to, the removal, displacement, or relocation of trees, plants and vegetation, the addition or removal of earth materials and the creation, retention or relocation of drainage courses or water areas.

Solar facility means a production facility for electric power which:

(a)

Uses photovoltaic modules to convert solar energy to electricity that may be stored on site, delivered to a transmission system, and consumed primarily offsite.

(b)

Consists principally of photovoltaic modules, a mounting or racking system, power inverters, transformers, collection systems, battery systems, fire suppression equipment, and associated components.

(c)

May include accessory administration or maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory uses and structures.

(d)

This definition does not apply to a site that was the subject of an application to construct a solar facility submitted to Desoto County before July 1, 2021.

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

(1)

Run for longer than one day, but not longer than two weeks;

(2)

Are intended to or likely to attract substantial crowds; and

(3)

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

Special exception means a use which would not be appropriate generally or without special study throughout the zoning district, but which, if controlled as to number, size, location or relation to the neighborhood, would promote the public health, safety, and general welfare.

Special flood hazard area means those areas delineated on the FIRM as being areas of flood hazard.

Special master means a person appointed to hold hearings, assess fines and order mitigation for violations of the LDR and other codes.

Staging area means a premises or site used as an area where finished product is displayed for sale prior to delivery when abutting property is zoned Industrial Light (IL).

Start of construction means commencement of development.

State and County highway means any state or county numbered roadway, such as but not limited to, US 17/SR-35, SR-31, SR-70, SR-72, CR-661, CR-763, and CR-769.

Storage means the act of placing a vehicle, equipment, or similar item at a specific location for a period of time generally more than one week in an enclosed structure, within a fenced area, or otherwise in a manner which provides protection and safekeeping for the item being stored; provided that during business hours items displayed for sale, and items stored at any time on property used for bona fide agricultural purposes do not have to be kept in an enclosed structure.

Storm frequency means the time interval in years in which a storm of given intensity is expected to reoccur.

Story means that portion of a building included between a floor which is calculated as part of the building's floor area and the floor or roof next to it.

Street. See Road.

Structurally sound means that the condition of a structure is such that it is free of imperfections and damage which could adversely affect the intended use of the structure and that it conforms to the requirements of the Florida Building Code.

Structure means anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground.

Structure, accessory, means a subordinate structure detached from, but located on, the same lot or parcel of land as the principal structure and where the accessory structure is not larger than the principal structure.

Structure, principal, means a structure, or where the context so indicates, a group of structures in or on which is conducted the principal use of the lot or parcel of land on which such structure is located.

Structured environment means a residential setting within which persons, progressing from relatively intensive treatment for crime, delinquency, mental or emotional illness, alcoholism, drug addiction or similar conditions to full participation in community life, are provided professional staff services, as was as board, lodging, supervision, medication, and other treatment.

Subdivider means a person who owns any interest in subdivided lands or is engaged in the disposition of subdivided lands either directly or through the services of a broker or salesman.

Subdivision means a subdivision shall include all divisions of a tract or parcel of land into three or more lots, building sites or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided that the following shall not be included within this definition nor be subject to the regulations authorized by the LDRs:

(1)

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the County as shown in the LDRs; and

(2)

The public acquisition by purchase of strips of land for widening or opening of streets.

In the interpretation of Subsection (1) of this definition, the term "previously platted" means platted, approved and recorded, if such lots were created in accordance with subdivision regulations in effect at the time of their creation, or created as a result of a recorded land division prior to existence of applicable subdivision regulations.

Subdivision, major means every division of a tract or parcel of land that is not a minor subdivision.

Subdivision, minor means divisions of a tract or parcel of land into six or fewer lots as described in Section 20-230(c).

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure.

Substantial development means the developer has made an attempt to move the development towards completion, such a substantial change imposition, or has incurred such extensive obligations and significant expenditures, that it would be highly inequitable and unjust not to allow the development to proceed to completion. The occurrence of substantial development shall be determined by taking into consideration the totality of circumstances surrounding the development. Activities that may constitute substantial development include, expenses incurred for construction, planning, permitting, designing, engineering and surveyor; the preparing of property for construction; significant purchases of materials; the making of improvements and purchases of materials; the making of improvements and repairs; and meeting conditions of a development permit.

Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during the life of a building in which the cumulative cost equals or exceeds 50 percent of the market value of the building. The market value of the building should be the appraised value of the building prior to the start of the initial repair or improvement, or, in the case of damage, the value of the building prior to the damage occurring. This term "substantial improvement" includes structures which have incurred substantial damage regardless of the actual repair work performed. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term "substantial improvement" does not, however, include any project for the improvement of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

Tailings means, in the context of mining, sands that have been separated from overburden and matrix through beneficiation.

Top of slope means the upper limit of an inclined surface where the transition occurs to a general horizontal plane.

Townhouse or row house means three or more single-family structures attached to one another. A townhouse may be held in separate ownership. Side yards are not required for interior townhouses, but front and rear yards shall be for all townhouses as for single-family dwellings for the district in which the townhouses are located. End units shall have side yards, or if on a corner lot, front yards as for single-family dwellings in the district in which the townhouses are located.

Trailer, boat/farm animals, means a wheeled conveyance drawn by other motive power for the transportation of a single boat, or farm animals.

Trailer, camping or pop-up, means a trailer as defined in F.S. § 320.01(1)(b)2, as it may be amended from time to time.

Trailer, travel, means a trailer as defined in F.S. § 320.01(1)(b)1, as it may be amended from time to time.

Travel trailer park means a County-approved park for the temporary residential usage of travel trailers.

Truck parking means an off-street parking area for trucks, truck-tractors, semi-trailers, and similar vehicles with two or more rear axles.

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

Variance means a relaxation of the terms of the LDRs where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the LDRs would result in unnecessary and undue hardship on the land.

Vested means the determination that an individual relied on an act of the County to confer specific rights to develop property for certain uses, densities, and intensities of use before the effective date of the LDRs, the Comprehensive Plan, or their amendments, even though such development may be inconsistent with the LDRs, Comprehensive Plan or their amendments.

Violator means a person or entity legally responsible for the violation of, or who has been found in violation of the LDR or any other code.

Warehouse means a building or group of buildings for the storage of goods or wares belonging either to the owner of the facility or to one or more lessees of space in the facility or both, with access to contents only through management personnel.

Water recirculation facilities, in the context of mining, means structures used for storing, routing and treating mine and process waters, including, but not limited to, reservoirs, slime ponds, canals, ditches and their associated dams and dikes.

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

Watershed means the area of land contributing stormwater runoff to a common point.

Weathertight means sealed to prevent intrusion against rain and wind.

Yard, front, means a yard extending between side lot lines across the front of a lot adjoining a street. A front yard shall be measured at right angles to a straight line joining the foremost points of the side lot line. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding, provided that in residential districts, no required front yard shall be less than ten feet in depth.

Yard, generally.

(1)

The term "yard" means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, hedges, poles, posts, children's play equipment and other customary yard accessories, ornaments, statuary and furniture may be permitted in any yard subject to height limitations and requirements limiting obstructions to visibility.

(2)

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

(3)

In the case of corner lots, full depth front yards are required on both frontages.

Yard, rear, means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. The depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

Yard, side.

(1)

The term "side yard" means a yard extending from the interior (rear) line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street.

(2)

In the case of through lots, side yards shall extend from the rear lines of front yards required.

(3)

In the case of corner lots, yards remaining after front yards have been established on both frontages shall be considered side yards. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Yard, special, means a yard behind any required yard adjacent to a public street required to perform the same functions as a side or rear yard, but adjacent to a lot line and so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the Development Director shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon. In case of irregularly shaped lots or unusual circumstances where minor variations in yards appear necessary, the Development Director may allow smaller yards than are otherwise required in the district, providing that:

(1)

The Development Director allows only yards that are similar to yards required elsewhere in the same district, and in no event allows yards over 25 percent smaller than are required elsewhere in the same district.

(2)

The Development Director allows only yards that achieve the same purpose as required yards elsewhere in the district.

(3)

The irregular shape is due to conditions over which the property owner has no control.

Zoning districts means areas of land or water, whose boundaries are indicated on the Official Zoning District Atlas, within which all properties are regulated by the general regulations of the LDR and the specific regulations of the individual district.

Zoning lot means a lot or combination of lots shown on an application for development approval.

(LDR, § 13200; Ord. No. 2012-01, § 13200, 5-22-2012; Ord. No. 2014-06, §§ 28, 29, 31, 33, 37, 10-28-2014; Ord. No. 2016-12, § 7, 5-24-2016; Ord. No. 2016-14, § 6, 5-24-2016; Ord. No. 2017-14, § 5, 8-22-2017; Ord. No. 2017-15, § 4, 8-22-2017; Ord. No. 2018-6, § 1, 3-27-2018; Ord. No. 2018-7, § 3, 3-27-2018; Ord. No. 2018-16, § 1, 8-27-2018; Ord. No. 2019-9, § 1, 7-23-2019; Ord. No. 2019-21, § 2, 11-19-2019; Ord. No. 2021-12, § 2, 12-14-2021; Ord. No. 2024-005, § 1, 6-25-2024)