For the purposes of this Code, the following terms shall have the meanings set forth below. Included are pertinent definitions adopted in the comprehensive plan, in addition to others applicable to this Code but not covered in the plan. It is the intent of this article to incorporate comprehensive plan definitions in substantially the same form in which they were adopted, although some terms may be defined here in a more detailed or restrictive manner. In the event a comprehensive plan amendment conflicts with a definition contained herein, the definition in the comprehensive plan shall take precedence, and shall be incorporated into this Code by reference.

Access walkway: That portion of a water-oriented structure which allows access to a docking facility or terminal platform or provides a way along the structure from the shore.

Accessory use or structure: A use or structure of a nature customarily incidental and subordinate to the principal use or structure and, unless otherwise provided, on the same premises. "On the same premises" with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory building. Accessory structures shall not be constructed prior to principal structures, shall not contain bathroom facilities which include tubs or showers, and shall be subject to other limitations as established under applicable provisions of this Code. On property zoned for residential use, accessory structures shall be located behind the front building line.

Adult day care center: Any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, therapeutic programs of social and health services as well as activities for adults in a non-institutional setting. Participants may utilize a variety of services offered during any part of a day, but less than a 24-hour period. These services are provided to three (3) or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. (F.S. § 429.901)

Adverse effects: Any modifications, alterations, or effects on waters, associated wetlands, or shorelands, including their quality, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses, which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts.

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

Affordable housing: Housing costs that, on a monthly basis, require rent or mortgage payments of no more than 30 percent of the monthly gross income of a low- to moderate-income family as defined below.

Alley: A roadway dedicated to public use which affords only a secondary means of access to abutting properties.

Alteration: Any change in size, shape, location, occupancy, character, or use of a building or structure.

Agricultural tax exempt properties: In Polk County, in order to qualify for an agricultural tax exempt status, the property must be fenced, and must be certified by an inspector from the Polk County Property Appraisers Office. All rules for tax exempt status are in accordance with F.S. § 193.461. Such properties may be annexed into the Town of Dundee and continue an already qualified agricultural use, as allowed by the state, under F.S. § 193.461, "which includes, but is not limited to, horticulture; floriculture; viticulture; forestry; dairy; livestock; poultry; bee, pisiculture, when the land is used principally for the production of tropical fish; aquaculture; sod farming; and all forms of farm products and farm production."

Amusement enterprise, indoor: Commercial facility providing large-scale indoor entertainment, including, but not limited to, bowling alleys, skating rinks, and civic centers. Movie theaters are excluded from this definition.

Amusement enterprise, outdoor: Commercial entertainment facility which operates in an open area with a minimal number of structures, including, but not limited to, golf driving ranges, amusement parks, amphitheaters, arenas, and stadiums.

Antenna: Electronic device, whose purpose is to receive television or radio signals directly from ground-based sources, which is freestanding or mounted on a structure, and does not exceed 30 feet in height.

Apartment: One or more rooms occupied, or designed for, or intended for occupancy as a dwelling unit by one family in a multiple dwelling or any other building not a single-family dwelling or two-family dwelling.

Apartment house: A building or portion thereof designed for occupancy by three or more families living in separate apartments.

Aquifer: A water-bearing stratum of permeable rock, sand, or gravel.

Area of shallow flooding: Areas located within the areas of special flood hazard having special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.

Area of special flood hazard: The area of special flood hazard shall include:

1.

All areas designated as an area of special flood hazard pursuant to section 5.01.01(C) [5.01.01]. The relevant flood hazard boundary map and flood insurance rate maps, and any revisions thereto, are adopted by reference and declared to be a part of this Code.

2.

Other areas of the community designated on a map by the development director as having a one percent or greater chance of flooding in any given year. This may include isolated topographic depressions with a history of flooding or a high potential for flooding.

Arterial: Any street or thoroughfare so designated by official action of the town commission or designated as such in the comprehensive plan.

Availability or available: With regard to the provision of facilities and services concurrent with the impacts of development, means that at a minimum the facilities and services will be provided in accordance with the standards set forth in Rule 9J-5.0055(2), Florida Administrative Code.

Bar: A place devoted primarily to the retailing and drinking of malt, vinous or other alcoholic beverages.

Barrack, labor: Any building used especially for lodging of unrelated laborers.

Base building line: A line parallel to the centerline of the right-of-way of a street.

Base flood: The flood having a one percent chance of being equaled or exceeded in any given year.

Bed and breakfast: An owner-occupied dwelling unit containing no more than three guestrooms where lodging, with or without meals, is provided for compensation.

Beneficial functions of a wetland: Those functions, described in the conservation element of the comprehensive plan and in this Code, that justify protection of wetlands.

Billboard: Any permanently constructed sign, wall or other structure which advertises property, products, services, amenities or activities which are not available on the lot or parcel on which the structure is located.

Boardinghouse: Residential facility other than an apartment building, hotel/motel, or restaurant where meals and/or lodging are provided in exchange for monetary compensation for three or more persons.

Buffer: An area or strip of land established to separate and protect one type of land use from another with which it is incompatible. A buffer area typically is landscaped and contains vegetative plantings, berms, and/or walls or fences to create a visual and/or sound barrier between the two incompatible uses.

Building: A fully enclosed, weatherproof structure permanently attached to the ground, and built or used for the shelter of persons, animals, chattels, or property of any kind.

Building coverage: The combined and total percentage of area of a lot covered or occupied by buildings or roof portions of structures.

Building height: The vertical distance measured from the mean finished ground level adjoining a building to the level of the highest point of the roof or top surface, excluding chimneys, elevator towers, parapet walls, ventilation equipment, antennas and flagpoles.

Building line: The rear edge of any required front yard or the rear edge of any required setback line. Except as specifically provided by this ordinance, no building or structure may be extended to occupy any portion of a lot streetward from the building line.

Building sign: A sign displayed upon or attached to any part of the exterior of a building, including walls, windows, doors, parapets, marquees and roof slopes of 45 (+15) degrees or steeper.

Building site: The lot or lots or portion of a lot or lots used for a building or structure, the total area of which lot or lots is ascribed to the building or structure for compliance with this ordinance.

Business directional sign: Off-premises commercial sign which is located on U.S. 27 and limited in size and content to indicate only the presence and location of businesses in the Town of Dundee. Such signs are permitted only as a conditional use subject to the requirements of section 4.05.00.

Carport: A freestanding or attached covered motor vehicle parking structure permanently attached to the ground, consisting of a rigid roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least one side, and designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is an accessory.

Carport, front: A carport constructed between the principal structure (house) and the front or exterior-side lot lines over an approved driveway surface. Front carports are only permitted with approval by the planning and zoning board.

Certified survey: Scaled drawing of a parcel or lot, showing property lines, dimensions, building locations, and other features of the property, which has been signed and sealed by a professional surveyor licensed in the State of Florida.

Change of occupancy: The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution therefor of use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

Child care: The care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care. (F.S. § 402.302)

Child care facility: (Pursuant to F.S. § 402.302); Any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included:

(a)

Public schools and nonpublic schools and their integral programs, except as provided in F.S. § 402.3025;

(b)

Summer camps having children in full-time residence;

(c)

Summer day camps;

(d)

Bible schools normally conducted during vacation periods; and

(e)

Operators of transient establishments, as defined in F.S. ch. 509, which provide child care services solely for the guests of their establishment or resort, provided that all child care personnel of the establishment are screened according to the level 2 screening requirements of F.S. ch. 435. (F.S. § 402.302)

Child care, drop-in: Child care provided occasionally in a child care facility in a shopping mall or business establishment where a child is in care for no more than a four-hour period and the parent remains on the premises of the shopping mall or business establishment at all times. Drop-in child care arrangements shall meet all requirements for a child care facility unless specifically exempted. (F.S. § 402.302)

Child care, evening: Child care provided during the evening hours and may encompass the hours of 6:00 p.m. to 7:00 a.m. to accommodate parents who work evenings and late-night shifts. (F.S. § 402.302)

Child care, weekend: Child care provided between the hours of 6:00 p.m. on Friday and 6:00 a.m. on Monday. (F.S. § 402.302)

Clearance: The alteration of the shoreline vegetation by complete removal, chemical treatment, and mechanical or nonmechanical uprooting.

Clearing: The removal of trees, brush or any other vegetation from the land, not including the ordinary mowing of grass.

Clinic, medical or dental: 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 of Florida.

Club: An association of persons for some common purpose, not primarily a business or church. The term when used herein shall also encompass "lodge," "fraternal order," or "society."

Club or lodge (private): A noncommercial establishment restricted to and providing service activities to an organization or group of individuals maintaining membership therein and collectively contributing to the maintenance and upkeep of said establishment through membership fees and periodic dues.

Collector: Street serving the internal traffic movement within a given geographical area and [which] connects this area to arterial roads. Trip lengths are relatively short and few through trips should be found along these routes.

Commercial uses: Activities within land areas which are predominantly connected with the sale, rental and distribution of products, or performance of services.

Commercial vehicle: Any truck, van, bus, truck tractor, tractor, semitrailer, trailer, or vehicle designed, equipped or intended for commercial use.

Common open space: Improved, usable area set aside and designated on a site development plan for recreation or open space purposes and reserved for the use of the residents of a development. Common open space shall be grassed and landscaped, and shall be cleared of weeds, underbrush and debris. For purposes of meeting stated size requirements, common open space areas shall exclude parcels used for clubhouses and other common facilities, easements, parking areas, required spaces between mobile homes and/or structures, private streets and public rights-of-way. Also excluded are required setback areas and other areas less than 50 feet in width unless these are improved with bicycle or pedestrian paths or trails.

Communications tower: Mast, pole, or other structure exceeding 30 feet in height, on which are mounted one or more antennas whose purpose is to receive television or radio signals directly from ground-based sources, or to transmit such signals directly to ground-based receivers.

Comprehensive plan: Any or all local comprehensive plans or elements or portions thereof prepared, adopted, or amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, as amended.

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

Concurrency management system: The procedures and/or process that the local government will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development.

Concurrent with the impacts of development: Pursuant to § 9J-5.0055(2) [Florida Administrative Code], concurrent with the impacts of development shall be satisfied when: the necessary facilities and services are in place at the time a development permit is issued; or a development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or that the necessary facilities are under construction at the time a permit is issued; or that the necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of concurrency as defined. For recreation facilities, concurrency may also be met by adherence to § 9J-5.0055(2)(b). For roads, concurrency may also be met by adherence to § 9J-5.0055(2)(c).

Cone of influence: A designated area around a municipal public supply well, identified through scientific research and analysis, which is critical to maintaining the safety of the town's drinking water supplies. Within such areas, certain land uses shall be prohibited or subject to special regulations in order to prevent contamination of such wells. The location and extent of cones of influence shall be verified by the Florida department of environmental regulation or the Southwest Florida Water Management District.

Connection fees shall mean those charges, as adopted by the town, which are paid by users prior to connecting to a utility system which charges represent the user's fair share of the cost of water and wastewater facilities. Such fair share shall be based upon the amount of water and wastewater facilities capacity required to serve the property(ies) of the user. Connection fees shall be computed on the basis of ERC. In no case shall the total number ERC's used in determining the water and/or wastewater connection fee be less than $1.00.

Conservation easement: A right or interest in real property intended to maintain land or water areas predominantly in their natural, scenic, open, or wooded condition. Such areas may preserve habitat for fish, plants, or wildlife; the structural integrity or physical appearance of sites of historical, architectural, archaeological, or cultural significance; or existing land uses compatible with conservation of natural resources.

Construction, actual: Actual construction includes the placing of construction materials in permanent position and fastened in a permanent manner; except that, where demolition, excavation, or removal of an existing structure has been substantially begun preparatory for new construction, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be continuously involved. Fill and the installation of drainage facilities shall be considered a part of construction. Actual construction shall include only work begun under a valid building permit.

Convalescent home: A private home, institution, building, residence, or other place, operated for profit or not, including any place operated by a unit of government 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 or mental infirmity, or advanced age are unable to care for themselves.

Convenience goods: Foodstuffs, drugs, cosmetics, and incidental household and/or personal articles which are normally purchased and expended on a day-by-day or week-by-week basis.

Conversion: Structure which legally has been modified so as to be used for a different purpose than that for which it was built; i.e., duplex conversion. Mobile homes are excluded from this definition.

Copy: The linguistic or graphic content of a sign.

Country club: A suburban club for social life and recreation with use restricted to its members and their personal guests.

Court: An open, unoccupied, unobstructed space, other than a yard, on the same lot as a building. Trees or shrubs may be used in a court.

Density: The average number of families or dwelling units per acre of land.

Density, gross: The overall number of units per acre in a development, including all supporting facilities.

Density, net: Number of units per buildable acre of land, excluding supporting facilities such as subdivision road right-of-way, water and wastewater treatment plants, and property owned or used in common by the residents of a development (e.g., clubhouse or golf course).

Developer: Any person, including a governmental agency, undertaking any development.

Development: The carrying out of any building activity, 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.

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 drilling, except to obtain soil samples, mining, or excavation on a parcel of land; demolition of a structure; clearing of land as an adjunct of construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land.

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 for other agricultural purposes; a change in 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.

"Development" as designated herein 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 order: Any order granting, or granting with conditions, an application for a development permit. This definition shall not include variances, zoning district changes or conditional use approvals, or changes in future land use designations.

Development site: One or more parcels of land unified under common ownership which constitute the entire area of development shown on a site plan or subdivision plat. Development site must include all land needed for parking, retention areas, internal access roads or driveways, landscaping, and other physical design features needed to serve the proposed development.

Development special magistrate: The development special magistrate of the Town of Dundee appointed by the town commission of the Town of Dundee pursuant to section 8.02.03 of this Code.

Digital billboard: See Electronic billboard.

Dock or docking facility: A fixed or floating structure within waters of the town, including mooring pilings, tie poles, dolphins, boat lift, and other accessory structures, which has as its purpose the berthing of buoyant vessels.

Drainage facilities: A system of manmade structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures.

Dredging: Excavation by any means in any water body or wetland. Excavation or creation of a water body which is or is to be connected to waters, directly or via excavated water bodies or a series of excavated water bodies.

Dry cleaning: The process of removing dirt, grease, paint and other stains from wearing apparel, fabrics, rugs, and other textiles by one or more of the following methods:

1.

Immersion and agitation in a liquid solvent in open vessels;

2.

Immersion and agitation in a liquid solvent in closed machines;

3.

Spotting of local applications of liquid solvents and other cleansing preparations to spots of dirt, grease, paints and stains not removed by immersion and agitation processes.

Duplex: Residential structure, divided horizontally or vertically, and designed for or occupied by two single-family housekeeping units, contained entirely under one roof.

Dwelling, one-family: See Single-family detached dwelling unit.

Dwelling unit: A structure or mobile home with cooking, sanitary and ventilation facilities designed for use by one family only. All rooms within the dwelling unit shall have internal access, and the unit shall have no more than one kitchen and one electrical meter.

Easement: A right, not involving ownership of land, to use property for a specified purpose and/or cross property with facilities such as, but not limited to, access roads or driveways, utility lines or drainage facilities.

Educational uses: Activities and facilities of public or private primary or secondary schools, vocational and technical schools, and colleges and universities licensed by the Florida department of education, including the areas of buildings, campus open space, dormitories, recreational facilities or parking.

Electronic billboard: A sign emitting and incorporating an illuminated message, image or design created electronically by any light source, LED (light emitting diodes) or any other combination of light sources or changeable message technology upon one or more of its sign faces; and said sign shall incorporate electronic changeable message technology which enables the owner/operator to remotely operate and change the electronically created message, image, design and/or advertising copy.

Any billboard sign, except such permitted billboards pursuant to section 4.04.02 of the town's unified land development code, which has digital or other electronic changeable message technology and does not comply with this definition of electronic billboard shall be conclusively deemed a prohibited billboard sign.

Electronic changeable message billboard: See Electronic billboard.

Embellishment (billboards): Panel or object on a billboard projecting beyond the edge of the rectangular advertising area, added for creative purposes and not serving as structural support or reinforcement for the billboard.

Equivalent residential connection (ERC) shall mean a unit of measurement of water and wastewater service used to determine water and wastewater service capacity usage and connection fees for a new development/improvement, which reduces all classes of utility system users to a common denominator, such as a standard single-family dwelling unit. One ERC equates to 360 gallons per day (GPD) of water used and 270 GPD of wastewater generated. The ERCs for a new user of the Town of Dundee-owned water and/or wastewater system shall be determined by the Town of Dundee as the method by which a new user pays the fair share of the costs for the new use.

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

Facility capacity: 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.

Family: One or more persons related by blood, marriage or adoption, sharing living and cooking facilities as a single housekeeping unit, and in addition, no more than two unrelated persons; alternatively, no more than four unrelated persons living together as a single housekeeping unit.

Family child care home, large: An occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of operation. One of the two full-time child care personnel must be the owner or occupant of the residence. A large family child care home must first have operated as a licensed family day care home for two years, with an operator who has had a child development associate credential or its equivalent for one year, before seeking licensure as a large family child care home. Household children under 13 years of age, when on the premises of the large family child care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. A large family child care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age:

(a)

A maximum of eight children from birth to 24 months of age.

(b)

A maximum of 12 children, with no more than 4 children under 24 months of age. (F.S. § 402.302)

Family day care home: (Pursuant to F.S. § 402.302); The operation of a residence as a family day care home, as defined by law, registered or licensed with the department of children and family services shall constitute a valid residential use for purposes of any local zoning regulations, and no such regulation shall require the owner or operator of such family day care home to obtain any special exemption or use permit or waiver, or to pay any special fee in excess of $50.00, to operate in an area zoned for residential use (F.S. § 166.0445).

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. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

(a)

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

(b)

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

(c)

A maximum of six (6) preschool children if all are older than twelve (12) months of age.

(d)

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

Farmers' market: A business authorized to conduct business in the Town of Dundee pursuant to the issuance of a business tax receipt for the purpose of operating and organizing a temporary public market place consisting of individual vendors who set up booths, tables, or stands, outdoors or indoors, to sell produce, meat products, fruits, flowers, prepared foods and beverages, and/or merchandise.

Fence: A fabricated vertical physical barrier extending above grade and anchored below it, but not constructed as a freestanding wall.

Fill: Depositing of any materials by any means in any water body or wetland.

Flea market: Buildings and/or open areas in which sales areas or stalls are set aside or rented, and which are intended for use by two or more individuals or by educational, religious, or charitable organizations to sell new or used merchandise and a variety of articles such as those which are either homemade, homegrown, handcrafted, old, obsolete, or antique.

Flood or flooding: A temporary partial or complete inundation of normally dry land from the overflow of lakes, rivers, or other water bodies, or from the unusual and rapid accumulation of runoff or surface waters from any source.

Flood hazard boundary map (FHBM): The map issued by the Federal Emergency Management Agency showing floodprone areas. Drawn from United States Geological Survey maps, it does not provide flood elevations and is intended to be used only until the flood insurance rate map (FIRM) is produced.

Flood insurance rate map (FIRM): The official map issued by the Federal Emergency Management Agency showing both the area of special flood hazard and the risk premium zones within the town.

Flood protection elevation: The elevation of the base flood plus one foot.

Floodplain (100-year floodplain): Areas inundated during a 100-year flood event or identified by the national flood insurance program as an A zone or V zone on flood insurance rate maps or flood hazard boundary maps (§ 9J-5.003 F.A.C.).

Floodway: The channel of a natural stream or river and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.

Floor area: The sum of the horizontal area of all floors of a building, under the roof trusses, measured from exterior walls or from the centerline of common walls separating adjoining buildings. Accessory buildings, garages, breezeways, patios, and decks are excluded from this definition.

Foster home: A facility which houses foster residents and provides a family living environment for the residents, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents, and serving either children or adult foster residents.

Fowl: Chickens, ducks, peacocks and peahens, guineas, and other poultry.

Freestanding wall: Wall projecting out of or separate from a building, constructed of masonry or other substantial materials, and designed in accordance with the Standard Building Code. Where built within required setback areas, a freestanding wall is subject to the same height limitations as a fence.

Front building line: The line, parallel to the front lot line, which passes through the closest point of the structure to the front lot line.

Frontage: Pertaining to signs, the length of the property line of any one parcel along a street on which it borders.

Fruit and vegetable stand: A structure used for the sale of fruits and vegetables and related items to the general public.

Gasoline service station: An establishment utilized principally for the business of fueling and lubricating motor vehicles and for performances of incidental service to motor vehicles such as hand washing, cleaning, polishing, tire changing and repair, battery recharging and replacement, minor repairs and tune-ups, and including the sale of tires, batteries, incidental parts, and accessories. Service permissible in a gasoline service station shall not include major mechanical and body work, straightening of frames, or body parts, steam cleaning, painting, welding, storage of automobiles not in operating condition, operation of a commercial parking lot or a commercial garage as an accessory use, or other characteristics to an extent greater than normally found in such stations; any establishment performing said services shall be deemed to be an auto repair shop or garage.

Golf course: A golf facility capable of being classified as a regulation, executive, or par-3 course, comprised of one or more increments of nine holes, and occupying a minimum of 20 acres per nine-hole increment.

Golf course, miniature: A putt-putt or pitch-and-putt golf recreation facility or any like facility not meeting the requirements of a golf course as herein defined.

Grade: The natural elevation of the ground, when compared to abutting properties, or the grade established as minimum floor elevation by the flood insurance map published by the Federal Emergency Management Agency or, in extreme cases of varied elevations within the same site, grade shall be established by the building director.

Group home: A facility which provides a living environment for less than 20 unrelated residents who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents. Adult congregate living facilities, as defined by the Florida department of health and rehabilitative services, which are comparable in size to group homes are included in this definition. It shall not include rooming or boarding houses, clubs, fraternities, sororities, monasteries or convents, hotels, rehabilitation facilities, nursing homes, or emergency shelters.

Guesthouse: A dwelling unit in a building separate from and in addition to the main residential building on a lot, intended for intermittent or temporary occupancy by a nonpaying guest; provided, however, that such quarters shall not be rented or otherwise used as a separate dwelling.

Halfway house: A licensed home for persons on release from more restrictive confinement, wherein supervision, rehabilitation and counseling are provided in order to prepare residents to live independently.

Hazardous substances: Hazardous substances listed in chapter 38F-41 of the Florida Administrative Code, sections 261 and 302.4 of title 40 of the Code of Federal Regulations, and section 355, appendix A and B, of title 50 of the Code of Federal Regulations. A hazardous substance, as defined herein, includes any solution, mixture, or formulation containing such materials, and also includes any material which, due to its chemical or physical characteristics, as determined by the development director upon the advice of Polk County emergency management officials, poses a substantial threat to the life, health, or safety of persons or property or to the environment.

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

Highest adjacent grade: The highest natural elevation of the ground surface adjacent to the proposed walls of a structure.

Historic resources: Historically significant structures or archeological sites.

Historically significant structures: Structures listed on the National Register of Historic Places, the Florida Master Site File, or otherwise designated, by official action, as historic, and worthy of recognition or protection.

Home occupation: An occupation for gain or support conducted solely by immediate members of a family residing in a dwelling, provided no article is sold or offered for sale except as may be produced on the premises by members of the family or used in performance of the service; and further provided that any said occupation shall be subject to all the provisions of section 3.08.06. In general, home occupations shall include, but not be limited to, personal services such as are furnished by an attorney, physician, dentist, musician, artist, beauty operator, or seamstress. A public dining facility or tearoom, antique or gift shop, outdoor repair facility, or retail sales of any type shall not be deemed a home occupation.

Hospital: A building or group of buildings having facilities for overnight care of one or more human patients, providing services to inpatients and Medicare [medical care] to the sick and injured, and which may include as related facilities laboratories, outpatient services, training facilities, central service facilities, and staff facilities; provided, however, that any said related facility or service shall be clearly incidental and subordinate to the principal hospital use and operation.

Hotel or motel: A building or group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with daily charge, as distinguished from multiple-family dwellings and room [rooming] or boarding houses, where rentals are for periods of a week or longer and occupancy is generally by residents rather than transients.

Incinerator, accessory: Solid waste disposal facility, accessory to a permitted principal use or activity, authorized only to burn materials generated at the location of the permitted use or activity. Facility must meet all applicable state and federal air quality emissions standards.

Incinerator, commercial: Solid waste disposal facility authorized to burn materials generated on and transported from properties other than the location of the incinerator facility. Disposal activities are carried out on a large-scale or for-profit basis. Facility must meet all applicable state and federal air quality emissions standards.

Incompatible land uses: Land uses which, if occurring adjacent to one another, have a detrimental effect on one or both of the uses.

Industrial park: A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services.

Industrial uses: Activities within land areas predominantly connected with manufacturing, assembly, processing, or storage of products.

Inflammable liquid: Any liquid which, under operating conditions, gives off vapor which, when mixed with air, is combustible and explosive.

Internal access: Physical design of a dwelling unit in which the kitchen, bathrooms and all other rooms intended for human habitation are connected internally, and are accessible through common living area.

Isolated wetland: Any wetland that has no hydrological or vegetative connections with any water of the state as defined in F.S. § 327.02(28).

Junkyard, salvage yard or recycling center: A place, structure, or lot where junk, waste, discarded, salvaged or similar materials such as old metal, 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.

Level of service (LOS): 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.

Littoral zone: The shallow-water region of a water body where sunlight penetrates to the bottom and which is intended for and capable of supporting aquatic vegetation.

Living area: The enclosed area of a dwelling unit which may be heated or air conditioned, and excluding laundry rooms, storage rooms, garages, carports, porches, and breezeways. Living area of a mobile home shall be calculated by use of the outside measurements, excluding the yoke or other exterior attachments.

Local road: A roadway providing service which is of relatively low traffic volume, short average trip length or minimal through traffic movements, and high-volume land access for abutting property.

Lot: Unless given other meaning within the context of a specific provision of this ordinance, the word "lot" shall mean a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, width, and area, and to provide such yards and other open spaces as are herein required. A lot may consist of:

(a)

A single lot of record;

(b)

A portion of a lot of record;

(c)

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

(d)

A parcel of land described by metes and bounds.

Lot, corner: Lot adjoining two intersecting streets. The applicable front setback requirement shall apply to both street frontages of a corner lot. If the two streets form an angle of more than 135 degrees, as measured at the point of intersection of their centerlines, the lot shall not be considered a corner lot.

Lot coverage: The area of a site covered by buildings or roofed areas, excluding eaves, balconies, and other projections above the first story.

Lot depth: Distance between the midpoints of the front and rear lot lines. On irregular lots for which there is no clear rear lot line, depth shall be measured as follows:

1.

At a distance equal to 125 percent of the normal lot depth requirement for the applicable land use classification, draw a line parallel to the front setback line.

2.

The length of this line, as measured from property boundaries on each end, must be at least 50 percent of the normal lot width requirement for the applicable land use classification.

Lot, double-fronting: A lot with street frontages on opposing sides. Double-fronting lots shall meet the minimum required lot width on both frontages. There shall be no access to one of the streets on which the lot fronts. The town shall determine which street this restriction applies to, and the manner in which the restriction shall be enforced.

Lot, interior: Any lot which is not a corner lot.

Lot line, front: In cases where the lot fronts on only one street, the lot line adjacent to the street. For corner lots, the side meeting minimum width requirements; if width requirements are met on both frontages, the front lot line shall be the frontage which is most nearly perpendicular to the line along which the lot depth requirement is met.

For through lots and corner lots meeting width and depth requirements on both frontages, the property owner may choose one as the front lot line for the purpose of placement of accessory structures.

Lot line, rear: Lot line opposite and most distant from the front lot line. For purposes of measuring depth of irregular lots, see definition of lot depth.

Lot line, side: All lot lines which are not rear or front lot lines.

Lot, nonconforming: A land parcel, however constituted, which does not meet all minimum zoning requirements as set forth within the definition of "lot" above.

Lot of record: Land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of Polk County, Florida.

Lot width: The distance between side lot lines measured at the front setback line. In cases where side lot lines are not parallel because the lot fronts on a curved right-of-way, minimum width at road frontage shall be as follows:

1.

Curved right-of-way: 75 percent of width requirement established by the applicable zoning district.

2.

Subdivision cul-de-sac: 67 percent of width requirement established by the applicable zoning district.

Width at road frontage shall be measured along a straight line connecting the foremost points of side lot lines.

Lowest floor: The lowest enclosed floor of a structure, including a basement, but not including the floor of an area enclosed only with insect screening or wood lattice as permitted by the flood damage prevention regulations in this Code.

Major automotive repairs: Includes activities listed under Minor automotive repairs, as well as major overhaul of engines and drive systems, and all types of paint and body work.

Manufactured home or building: Any structure, or portion of a structure, including electrical, plumbing, heating, or ventilating systems, which was built in a manufacturing facility for installation or erection as a finished building or as part of a finished building. Manufactured buildings must be constructed to meet the requirements of the Standard Building Code and any other design standards the town may adopt which apply to conventional construction. Manufactured buildings may include residential, commercial, institutional, storage, and industrial structures. For purposes of this Code, manufactured buildings shall not include mobile homes.

Master plan shall mean the current town document that provides a guide for the planned, orderly expansion of the town's water and wastewater systems over a planning period, and identifies improvements to the systems that the Town plans to undertake.

Mean sea level: The average height of the sea for all stages of the tide. For purposes of this section the term is synonymous with National Geodetic Vertical Datum (NGVD).

Medical marijuana dispensing facilities: The following definitions relate to medical marijuana and medical marijuana dispensing facilities:

Low-THC cannabis: A plant of the genus cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than ten percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only by a medical marijuana treatment center from a dispensing organization as authorized by state law.

Marijuana: All parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient as defined by F.S. § 381.986.

Medical marijuana delivery device: An object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing marijuana into the human body, and which is dispensed from a medical marijuana treatment center for medical use by a qualified patient.

Medical cannabis: All parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use as authorized by state law.

Medical marijuana dispensing facility: Any property where medical cannabis or low-THC cannabis or marijuana delivery devices are sold, purchased, delivered, or dispensed for medical use by a medical marijuana treatment center as defined by Section 29, Article X of the State Constitution and as authorized by state law.

Medical marijuana treatment center (MMTC): An entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the State of Florida Department of Health. (Term as defined by Section 29, Article X of the State Constitution.)

Pharmacy: A place where drugs and medicines are prepared and dispensed as defined in F.S. § 465.003.

Miniwarehouse: A self-service facility consisting of individual self-contained units used for storage and no other purpose.

Minor arterial: Street which interconnects with and augments the principal arterial system, and which provides land access, consequently offering a lower level of service to traffic than a principal arterial.

Minor automotive repairs: Activities conducted at a service garage involving maintenance or small-scale mechanical work on motor vehicles. This shall include inspection, maintenance, repair or replacement of the following:

Batteries.
Brake systems.
Carburetors and fuel systems.
Ignition and electrical systems.
Oil, antifreeze and other fluids.
Tires.

Also included are auto washing and detailing, and the tuning and adjustment, but not disassembly or removal, of engines and transmissions.

Minor storage of explosive gases: The maintenance on a commercial or industrial development site, for sale or onsite use, of a quantity of fuel-related gases not exceeding 500 gallons.

Mitigation: Any action, including but not limited to restoration, enhancement, or creation of wetlands, required to be taken in order to offset environmental impacts of permitted activities.

Mixed occupancy: Occupancy of a building or land for more than one use.

Mobile home: A preconstructed dwelling unit, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, and which is built on a metal frame and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. If manufactured after June 15, 1976, each section must bear a U.S. Department of Housing and Urban Development label certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standards. Mobile homes shall be used for single-family residential purposes only and shall be licensed pursuant to F.S. ch. 320. In the event a mobile home becomes ineligible for a title certificate under F.S. ch. 319, it shall no longer be considered a mobile home.

Mobile home park: Development site on which mobile homes are installed and organized around a common set of amenities, including private internal roads, clubhouse or recreation facility, and common open space. A mobile home park may not be platted or otherwise divided by fee simple ownership; however, the sale of interests or memberships on a condominium basis is permitted. All facilities, including roads, are privately owned or owned in common by residents of the park.

Modular house: See Manufactured home or building.

Motel: Commercial establishment which provides rooms or suites for temporary lodging on a per-night basis. Lodging units shall include private bathrooms. Limited numbers of units may include kitchen facilities, subject to approval as a conditional use by the town commission. Restaurants may be permitted on the motel premises.

Motor hotel, motor lodge: See "Hotel and motel."

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

Natural groundwater aquifer recharge areas: Geographic areas where the aquifer system is replenished through rainfall. Areas of high aquifer recharge are important for the continuation of potable groundwater supplies.

New construction: Structures or substantial improvements for which the "start of construction" occurred on or after the effective date of this Code, and any alteration, repair, reconstruction or improvements to a structure which is in compliance with these flood damage prevention regulations.

Nonconforming structure: Structure which does not comply with current land use regulations relating to size, setbacks, or building design, but does meet those standards in effect at the time of construction. A nonconforming structure cannot be rebuilt, replaced or enlarged, except as provided in the land development regulations. The presence of a nonconforming structure on a parcel of land does not allow the reestablishment of a nonconforming use which has been abandoned or eliminated. (See section 7.07.00 of this Code.)

Nonconforming use: Land use or activity which is prohibited under the current provisions of the comprehensive plan or land development regulations, but complied with those requirements in effect at the time it was established. Such uses may continue indefinitely, except where land development regulations require their elimination. In order to qualify as nonconforming, a use must have been continuous or have followed a regular seasonal pattern of activity without ceasing for a continuous period of longer than six months. Nonconforming uses shall not be expanded, enlarged or increased in any manner, except as provided in the land development regulations. Once a nonconforming use is abandoned or eliminated, associated land or structures shall be used only in accordance with the adopted comprehensive plan and current requirements of the land development regulations. (See section 7.07.00 of this Code.)

Nursing home: Long-term residential facility for 20 or more persons who are elderly, disabled, or infirm, providing meals and medical care on a regular basis.

100-year storm event: Storm of a magnitude that can be expected to occur every 100 years.

Onsite commercial sign: Permanently mounted sign advertising or identifying a commercial activity which is located on the same parcel or lot as the business to which it refers. For purposes of this Code, a sign identifying an industrial facility or activity shall also be defined as an onsite commercial sign.

Open space: Land devoid of any structures or buildings other than minor pavilions, landscape structures, or terraces, and designed and maintained for recreation or leisure time employment.

Ordinary high-water line (OHWL): A line defined by the physical characteristics of the shore and banks of the water body caused by the continued presence and action of water. The OHWL corresponds to water levels frequently and commonly sustained in the high-water season during normal years and to the SWFWMD adopted lake management levels.

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

Permitted use: Use or activity allowed without special approvals within a zoning district, subject to setback standards and other specified requirements.

Piling: Vertical poles, concrete bars or other materials forming the structural support of a water access structure.

Planned unit development (PUD): A form of development characterized by a unified site design for residential and/or non-residential uses, allowing for flexibility and creativity in site and building design and location, in accordance with general guidelines. It permits the planning of a project and the calculation of densities and intensities over the entire development, rather than on a lot-by-lot basis. It also refers to a process, mainly revolving around site plan review, in which public officials have considerable involvement in determining the nature of the development. It includes aspects of subdivision, site plan, and zoning regulation and is administered through a rezoning process.

Pollutant: Any substance, contaminant, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

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

Potable water: Water suitable for human consumption and which meets water quality standards determined by the department of health and rehabilitative services, provided through a public system or by private well.

Potable water facilities: A system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains.

Principal arterial: Street or highway serving the major areas of activity, the highest traffic volume corridors, and the longest vehicle trips. Such roads carry a high proportion of the total urban area travel on a minimum of mileage, and serve a major portion of trips entering and leaving the urban area as well as the majority of through movements.

Principal structure: Structure housing or supporting the principal use on a parcel of property.

Principal use: The primary use of any lot or land parcel with other uses or uses thereon being clearly of a secondary or accessory nature.

Professional office: Place of business for persons engaged in occupations generally considered as being professional in nature, including, but not limited to, the following:

Appraisers.
Architects.
Attorneys.
Accountants.
Chiropractors.
Engineers.
Doctors.
Dentists.
Osteopaths.
Optometrists.

Excluded from this definition are real estate and insurance offices, and the display, sale, storage and delivery of commercial services and merchandise.

Public access: The ability of the public to physically reach, enter or use recreation sites including beaches and shores.

Public interest: That which benefits either the majority or a significant minority of the citizens of the Town of Dundee.

Public sanitary sewer facilities: Sanitary sewer facilities, either publicly or privately owned, which serve at least 15 service connections, or regularly serve at least 25 residents. Generally, a multi-user septic sank is not a public sanitary sewer facility.

Public supply water system: A potable water facility which serves at least 15 service connections, or regularly serves at least 25 residents.

Recreation: The pursuit of leisure time activities occurring in an indoor or outdoor setting.

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

Recreational uses: Activities within areas where recreation occurs.

Recreational vehicle (RV): A self-contained mobile housing unit, either motorized or non-motorized, designed for temporary use and frequent movement from one location to another. A recreational vehicle shall not exceed eight feet in width and 40 feet in length, and shall not be permanently affixed to the ground or any structure.

Recycled materials collection: The collection and/or storage of used paper, plastic, metal, or glass for transportation to a recycled materials processing facility. Recycled materials collection shall not include automotive parts or other objects to be rebuilt or refurbished, liquid or semi-liquid substances, organic materials subject to decay or decomposition, hazardous wastes or materials, or objects which contain or emit such substances.

Recycled materials processing facility: Fixed and permanent facility, located inside a structure, equipped to sort, grind, melt or otherwise process materials gathered from recycled materials collection locations, for onsite reuse or transportation outside the town. Unless otherwise permitted in the applicable zoning district, such facilities shall not be authorized to handle automotive parts or other objects to be rebuilt or refurbished, liquid or semi-liquid substances, organic materials subject to decay or decomposition, hazardous wastes or materials, or objects which contain or emit such substances.

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

Rehabilitation facility: A secure or non-secure residential facility for the treatment of drug and alcohol addiction, and similar afflictions. Such facilities may feature outpatient services and may include, but shall not be limited to, psychiatric and medical treatment programs. Such facilities shall be licensed by the Florida department of health and rehabilitative services.

Residential building: That part of any structure in which families or households live or in which permanent or long-term sleeping and accessory accommodations are provided, including but not limited to dwellings, multiple-family dwellings, dormitories, boardinghouses, and lodginghouses.

Restaurant, drive-in: A restaurant offering the service of food and/or beverages to a patron or patrons remaining in a vehicle. In addition, a restaurant which provides outdoor eating facilities accessible to patrons other than from within a building, or which dispenses food to patrons through a takeout window, shall be considered a drive-in restaurant.

Right-of-way: Land which the state, a county, or a municipality owns for purposes of transportation or distribution of utility service.

Roadway: A road, which includes streets, sidewalks, alleys, highways, and other ways open to travel by the public, including the roadbed, right-of-way, and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith.

Rooming house: Any dwelling in which more than two persons are housed or lodged for hire with or without meals.

Rubbish: Combustible and noncombustible waste materials, except garbage; including the residue from the burning of wood, coal, coke, or other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery, and dust.

Sanitary landfill:

(a)

Class I solid waste disposal area means a disposal facility which receives an average of 20 tons or more per day, if scales are available, or 50 cubic yards or more per day of solid waste, as measured in place after covering, and which receives an initial cover daily;

(b)

Class II solid waste disposal area means a disposal facility which receives an average of less than 50 cubic yards per day of solid waste, as measured in place after covering, and which receives an initial cover at least once every four days.

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

Satellite dish antenna: Parabolic or spherical antenna whose purpose is to receive and/or transmit audio and/or television signals to or from satellites.

Septic tank: A watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system.

Service area shall mean those designated portions of the town and unincorporated Polk County in which the town maintains the right to provide water and wastewater service. The service area shall be established by the town.

Setback: The minimum required distance between the property line and a structure, as measured from the nearest point of ground support (i.e., wall or vertical support pole). Roofs, terraces and other cantilevered projections may extend no more than three feet into a required setback area.

Setback line: An imaginary line running parallel to a front, side, or rear property line and establishing the rear edge of a yard or open area in which no building, structure, or use may be placed or established.

Sewage disposal facility: Facility or property used in conjunction with a wastewater treatment plant for the disposal and/or purification of treated sewage effluent including, but not limited to, spraying, land spreading, and artificial wetlands.

Sewer/water plant (offsite): Water or wastewater treatment facility located outside the development site(s) which it serves.

Sewer/water plant (onsite): Water or wastewater treatment facility located within the development site which it serves.

Shoreline: All land or water which is on the lake side of the ordinary high-water line.

Shoreline vegetation: Vegetation which grows within the shoreline area; included are terrestrial and aquatic plants associated with wetlands and both emergent (plants growing above the water surface) and nonemergent (vegetation below the water surface).

Side street setback: On a corner lot, the required setback distance for principal and accessory structures from the street frontage not deemed to be the front lot line. Regardless of the standard side setback requirement of the applicable zoning district, the side street setback shall be equal to the front setback requirement of the adjacent interior lot.

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

Sign, business: An attached or freestanding structure on which is announced the business use of the structure or the name of the operator of the business.

Sign, business directional: Small commercial sign drawing the attention of motorists on U.S. 27 to businesses located in the Town of Dundee. See section 4.05.00.

Sign, outdoor advertising: An attached or freestanding structure for the purpose of conveying information, knowledge, or ideas to the public.

Sign, overhanging: An attached or freestanding structure for the purpose of conveying information which is suspended from above or over a sidewalk or thoroughfare.

Significant adverse effect: Any modification, alteration, or effect upon a wetland protection or wetland transitional zone which measurably reduces the area's beneficial functions as delineated in the conservation element of the Town of Dundee comprehensive plan.

Single-family attached dwelling unit: Residential dwelling unit designed and constructed to meet Standard Building Code requirements for single-family attached structures, sharing a common side wall with at least one other unit, and having a designated yard and entrance which are not shared with other units. Such units shall be built only on property which is platted according to applicable subdivision regulations provided in section 7.01.00.

Single-family detached dwelling unit: Freestanding structure, completely separate from all other structures, designed to house one family as a single housekeeping unit.

Site development plan: A plan, drawn to scale by a licensed professional engineer, showing uses, structures and all other physical features proposed for a development site as required by the regulations involved. It includes lot lines, streets, building sites, parking spaces, walkways, reserved open spaces, easements, buildings, and major natural and manmade landscape features.

Solid waste: Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

Solid waste facilities: Structures or systems designed for the collection, processing or disposal of solid wastes, including hazardous wastes, and includes transfer stations, processing plants, recycling plants, and disposal systems.

Special approval use: Land use or activity not specified in the table of land uses or in any other section of this Code as being allowed in any district as a permitted use or special exception, which has been approved by the town commission in accordance with the provisions of section 7.08.00.

Special events facilities: Public or private facilities providing indoor or outdoor facilities for events including but not limited to weddings, parties, cultural events, etc. The mitigation of off-site impacts shall be addressed through the special exception permit process.

Special exception: Use or activity which is allowed within a given zoning district only after an appropriate application is made and special approval is granted in a public hearing by the town commission. Special exceptions shall only be granted if specifically listed in the table of land uses. No special exception shall be approved unless public notice is given in accordance with section 8.06.00.

Start of construction: The date the construction permit was issued, provided the "actual start of construction" was within 180 days of the permit date. The "actual start of construction" means the first placement of permanent elements of a structure on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or of the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; erection of temporary forms; or the installation of accessory structures.

Stormwater: The flow of water which results from a rainfall event.

Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

Street: A public or approved private thoroughfare which affords the principal means of access to abutting property. "Street" includes a lane, way, place, drive, boulevard, road, avenue, or other means of ingress or egress, regardless of the descriptive term used.

Street, approved private: A private thoroughfare which affords the principal means of access to abutting property and which has been specifically approved for said access by official action of the town commission, by [but] the maintenance and upkeep of which remains the responsibility of the owner or owners of record.

Structural alteration: Any change, alteration, or addition to a building or structure which involves bearing walls or supporting members.

Structure: Anything constructed or installed which is rigidly and permanently attached to the ground or to another object which is rigidly and permanently attached to the ground. This shall include but not be limited to supporting walls, signs, screened or unscreened enclosures covered by a permanent roof, swimming pools, poles, and pipelines.

Subdivision: Any tract or plot of land divided into two or more lots or parcels less than one acre in size for sale, lease or rent for residential, industrial or commercial use, regardless of whether the lots or parcels are described by reference to recorded plats, metes and bounds description, or by any other legal method.

Substantial improvement: Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during the life of a structure, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure. The market value of the structure is the appraised value of the structure prior to the start of the initial repair or improvement, or, in the case of damage, the value of the structure prior to the occurrence of the damage. For the purposes of this definition, "substantial improvement" occurs when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any improvement of a structure to comply with existing health, sanitary, or safety codes, or any alteration of a structure listed on the National Register of Historic Places, the local register of historic places, or a state inventory of historic places, unless that alteration will cause the structure to lose its historical designation.

Telephone switching station: Automated facility containing telephone and related communications equipment, using a standardized, unmanned building of 300 square feet or less. Such facilities are exempt from minimum lot size and site development plan requirements in all districts.

Townhouse: See Single-family attached dwelling unit.

Townhouse dwelling complex: A parcel planned for or developed with townhouse dwellings in compliance with all requirements of this ordinance.

Trademark sign: Sign or object bearing the symbol or name of a franchised business or activity based outside the Town of Dundee.

Transitional zone: Upland areas adjacent to wetlands which are necessary to protect the wetlands and wetland species from the detrimental impacts of development or alteration. The transitional zone shall include canopy, understory and ground cover which consists of preserved existing vegetation or planted native species.

Trimming: The pruning or clipping of shoreline vegetation with hand tools which does not result in the removal of three inches of stem and the root of the plant.

25-year floodplain: Area subject to flooding in a 25-year storm event.

25-year frequency 24-hour duration storm event: A storm event and associated rainfall during a continuous 24-hour period that may be expected to occur once every 25 years. Its associated floodplain is that land which may be expected to be flooded during the storm event.

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

Use of land or water: Includes use of land, water surface and land under water to the extent covered by zoning districts, and over which the Town of Dundee, Florida, has jurisdiction.

User shall mean any person or entity which receives, or may receive, utility service provided by the town.

Utility or lawn building: Any accessory structure used exclusively for the light storage of lawn and garden equipment and materials and other similar items.

Utility system shall mean collectively any town water or wastewater system, or component thereof.

Variance: A variance is a relaxation of the terms of this zoning ordinance where said 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 petitioner or applicant, a literal enforcement of the requirements of this ordinance would result in unnecessary and undue hardship on the landowner. A variance is authorized only for height, area, and size of structure or size of yards in open spaces. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance; nor shall a variance be granted because of the presence of nonconformities in the zoning classification or district or adjoining zoning classifications or districts.

Veterinary hospital or clinic: Any structure or premises used primarily and essentially for the medical and surgical care of ill, disabled or injured animals (other than humans).

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

Water body: Any natural or artificial pond, lake, reservoir, or other area with a discernible shoreline which ordinarily or intermittently contains water.

Water conservation and irrigation definitions:

(1)

Automatic irrigation system: An irrigation system designed to operate following a preset program entered into an automatic controller.

(2)

Automatic controller: A mechanical or electrical device capable of automated operation of valve stations to set the time, duration and frequency of a water application.

(3)

Distribution equipment: The water emitters on irrigation systems, including, but not limited to, sprinklers, rotors, spray heads and micro-irrigation devices.

(4)

ENERGY STAR®: A joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy, with the purpose of reducing energy costs and protecting the environment, through every- and water-efficient products and practices.

(5)

Florida Water Star^SM: A certification program for new residential and commercial construction that is intended to include indoor and outdoor water-efficient options and prevent leaks.

(6)

Florida Water Star Inspector: Person that verifies Florida Water Star program criteria in accordance with program documents. Inspectors demonstrate sufficient knowledge to verify appropriate subcategories (irrigation, landscape and plumbing). Inspectors are permitted to use construction documents, affidavits, and field verification during the verification period. See Florida Water Star certification program process web page at FloridaWaterStar.com.

(7)

Florida Water Star Irrigation and Landscape Accredited Professional (AP): A landscape or irrigation professional who has successfully passed the Florida Water Star AP exam and is in good standing with the program.

(8)

Head-to-head spacing: Spacing of sprinkler heads so that each sprinkler throws water to the adjacent sprinkler.

(9)

High-volume irrigation: An irrigation system with a minimum flow rate per emitter of more than 30 gallons per hour (gph) or higher than 0.5 gallons per minute (gpm). High-volume is usually measured as gpm.

(10)

Irrigation design professional: An irrigation design professional shall include state-licensed plumbers operating within the limits of the Florida Building Code, professional engineers or landscape architects licensed by the State of Florida, Florida Water Star Irrigation and Landscape Accredit Professionals and irrigation designers certified by the Irrigation Association or the Florida Irrigation Society.

(11)

Irrigation system: A set of components that may include the water source, water distribution network, control components, and other general irrigation equipment which has been installed to provide irrigation.

(12)

Landscaped area: The entire parcel less the building footprint, driveways, hardscapes, decks and patios, and nonporous areas.

(13)

Licensed irrigation professional: An irrigation specialty contractor who obtains the irrigation specialty license from the Florida Construction Industry Licensing Board and maintains continuing education requirements.

(14)

Low-volume irrigation: Any emitter or sprinkler that applies less than 30 gallons per hour (gph) or 0.5 gallons per minute (gpm) (Florida Water Star).

(15)

Matched precipitation: Expressed in inches per hour, precipitation rate is the rate at which sprinklers apply water. Matched precipitation usually implies that all the sprinklers in a particular zone apply similar amounts of water to a given area.

(16)

Micro-irrigation: The application of small quantities of water directly on or below the soil surface or plant root zone, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes (laterals). Micro-irrigation encompasses a number of methods or concepts, including drip, subsurface, micro-bubbler, and micro-spray irrigation, previously known as trickle irrigation, low volume or low-flow irrigation.

(17)

Rotor: Sprinkler that rotates and specifically, a gear-driven sprinkler. Often delivers a thin stream of water in a circular pattern over a longer distance with a precipitation rate from 0.1 inches per hour to 1.5 inches per hour.

(18)

Side-strip sprinkler: Sprinkler nozzle that sprays a long, but narrow pattern.

(19)

Spray head: Sprinkler head with a fixed orifice that does not rotate.

(20)

WaterSense®: A program sponsored by the U.S. Environmental Protection Agency to promote the use of water-efficient products and services.

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

Wetland vegetation: Vegetation identified as wetland species in Rule 17-301.400, Florida Administrative Code.

Wetlands: Lands which are identified by being inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The definition includes all contiguous and noncontiguous or isolated wetlands to waters, water bodies, and watercourses. Wetlands include but are not limited to swamp hammocks, hardwood hybrid hammocks, riverian cypress, cypress ponds, bayheads, bogs, wet prairies and freshwater marshes. Dominant wetland vegetation shall be determined as provided in Rule 17-301.400, Florida Administrative Code.

Width of water body: The distance measured along a line originating at the center of the project at the ordinary high-water line and drawn perpendicular to the ordinary high-water line and continuing to the ordinary high-water line of the opposing bank of the water body.

Yard, front: A yard extended between side lot lines across the front of a lot adjoining a street. Depth of a required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of a 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.

Yard, generally: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above 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 obstruction to visibility.

Yard, rear: A yard extending across the rear of the lot between inner side yard lines. 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 this ordinance with its inner edge parallel with the rear lot line.

Yard, side: A yard extending from the 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 of the lot farthest from the intersection of the lot line involved with any public street.

Zone A: Area of potential flooding in a 100-year storm event, designated on the most recent available flood insurance rate map (FIRM) published by the Federal Emergency Management Agency (FEMA).

Zoning district: Any of the designated districts established within section 2.02.00, for which delineations are shown on the zoning map and for which specific regulations and requirements are included herein.

Zoning map: The official map described within section 8.05.00, upon which the delineations of the several zoning districts are shown for locations within the Town of Dundee.

(Ord. No. 95-04, 6-13-95; Ord. No. 98-07, § 2, 8-11-98; Ord. No. 03-01, § 2, 7-8-03; Ord. No. 06-18, § 1(Exh. A), 6-13-06; Ord. No. 07-09, § 1, 8-14-07; Ord. NO. 08-02, § 1(Exh. A), 3-11-08; Ord. No. 12-12, § 1, 2-14-12; Ord. No. 12-17, § 1(Exh. A), 8-28-12; Ord. No. 13-05, § 1(Exh. A), 5-14-13; Ord. No. 13-09, § 1(Exh. A), 12-10-13; Ord. No. 14-01, § 1(Exh. A), 3-11-14; Ord. No. 19-04 , § 5(Exh. A, § 2), 3-26-19; Ord. No. 19-08 , § 1(Exh. A), 7-9-19; Ord. No. 19-09 , § 2(Exh. A), 8-13-19; Ord. No. 19-19 , § 1(Exh. A), 12-10-19; Ord. No. 21-13 , § 2, 7-27-21; Ord. No. 22-02 , § 8, 1-25-22)