For the purpose of these land development regulations (LDR or regulations), certain terms or words, the usage of language, and counting of time as used herein shall be interpreted as follows:

1.

Unless specifically indicated otherwise, all time requirements shall be computed by excluding the first day and including the last day; except that if the last day is a Sunday or legal holiday, that day shall be excluded.

2.

Words imparting the masculine gender include the feminine and neuter.

3.

The word "year" shall mean a calendar year, unless otherwise indicated.

4.

The word "day" shall mean a calendar day, unless working day is indicated.

5.

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

6.

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

7.

The word "shall" is mandatory, the word "may" is permissive.

8.

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

9.

The word "lot" includes the word "plot" "parcel," or "tract."

10.

The word "land" includes the word "water," "marsh," or "swamp."

11.

The word "structure" includes the word "building" as well as anything constructed or erected on or in the ground or water or attached to something having a fixed location on the ground or water. Among other things, structures include manufactured homes, walls, fences, screen enclosures, tents, balloon signs, billboards, poster panels and all other signs, and recreational vehicles.

12.

In case of any difference of meaning or implication between the text of these regulations and any caption, illustration, summary table, or illustrative table, the text shall control.

13.

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either…or," the conjunction shall be interpreted as follows:

A.

"And" indicates that all the connected terms, conditions, provisions, and events shall apply.

B.

"Or" indicates that the connected terms, conditions, provisions, or events may apply singly or in any combination.

C.

"Either…or" indicates that the connected items, conditions, provisions, or events may apply singly but not in combination.

~ A ~

Accessory use or structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 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, private club, country club, yacht club or golf club; provided, that all other applicable requirements of state and county law and city regulations are met.

Addition. An extension or increase in floor area, height or any other dimension of a building or structure.

Administrative official (city manager). The person charged with the duty of administering the provisions of these land development regulations. As used herein the term shall be construed to include the words "or designated representative(s)."

Alteration. Any change in, addition to, deletion from, or rearrangement of walls, roofs, floors, wiring, plumbing, supports or any other part(s) of a structure but not including customary maintenance or repair.

Antique merchandise. Items that are old, made or produced in a former period, have a tendency to appreciate in value with age and may be represented in the form of furniture, glassware, art, guns, woodwork, and similar products. Antiques are not classified as used or secondhand merchandise.

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

~ B ~

Bed and breakfast. A facility established for the purpose of providing overnight sleeping accommodations and a breakfast meal for overnight guests. Such facility shall be permitted to accommodate a maximum of 12 guests, shall not operate a restaurant open to the general public, and shall provide one off-street parking space for each guest bedroom, except in the residential, institutional, and office (RIO) zoning district and all commercial zoning districts. In the RIO and all commercial zoning districts, no such limitation shall apply. All permits required by state and county agencies shall be secured and submitted to the city prior to the city permitting such use.

Boarding or rooming house. Any dwelling in which three or more persons, either individually or as families, are housed or lodged for hire, with or without meals. A rooming house or a dwelling where furnished rooms are rented shall be considered a boarding house.

Buildable area. The portion of the lot remaining after the minimum required yards have been established and/or provided.

Building. Any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This definition shall include tents, awnings, cabanas or vehicles, including recreational vehicles, situated on private and/or public property and serving in any way the function of a building, but does not include screened enclosures not having a roof impervious to weather.

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

Building site. The lot, lots, parcel, or tract of land upon which a building or use of land has been located or is proposed to be located.

~ C ~

Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums, or mortuaries operated in conjunction with and on the same tract of land as the cemetery.

Child care center. An establishment where three or more children, other than members of the family occupying the premises, are cared for. The term includes day nurseries, kindergartens, day care service, day care agency, nursery school, or play school.

Church, house of worship. Any building or structure used or intended for use by a State certified nonprofit religious organization or group, primarily for worship purposes, and any uses customarily accessory thereto, including child care centers and private educational facilities.

City. The City of Eagle Lake, Florida.

City commission. The elected governing body of the City of Eagle Lake, Florida.

City staff. The administrative official, public works director, fire chief, police chief, together with such consultants and outside agencies as the administrative official may consult with regarding matters of development and permitting.

Clinic, medical or dental. An establishment providing health care services to the public by physicians, dentists, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists (who are also known as health care practitioners), or others who are duly licensed to practice their medical or dental profession in the State of Florida, as well as others, including, but not limited to, technicians and assistants who are acting under the supervision and control of a licensed health care practitioner.

Clinic, pain management. Any medical clinic: (I) that advertises in any medium for any type of pain-management services; or (II) where in any month a majority of patients are prescribed opiates, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic, nonmalignant pain.

Club, private. A state certified nonprofit membership organization having as its primary purpose, social, education, or recreational activities, but not primarily to render a service which is customarily carried on as a business for profit.

Cluster development (division III, chapter 2). The following terms are defined for the purpose of the cluster development chapter:

Cluster development. A subdivision of land permitting lots generally smaller in area and width than the minimum required in the zoning district in which the parcel is located with no increase in density and where the surplus land is put into common use, generally in the form of open space.

Zero lot line dwelling. A single-family detached dwelling whereby the dwelling is permitted to be built up to one or both of the side property lines and may be required to have a minimum side yard on only one side of the dwelling. A solid wall, with no windows or doors, shall be required along the zero lot line side of the dwelling, beginning at the rear of the required front yard and continuing to the front of the required rear yard.

Comprehensive plan. The growth management plan for the city that meets the applicable requirements of chapter 163, part II, of the Florida Statutes.

Concurrency (division IX, appendix B). The following terms are defined for the purpose of the concurrency management system chapter. The definitions of words and terms in the concurrency management system shall be the same as those which are set forth in chapter 163, F.S. and rule 9J-5, F.A.C., unless a word or term is defined differently in division IX, appendix B.

Adequate public facilities. Public facilities available to serve a development in a manner to meet the levels of service set forth in the capital improvements element of the comprehensive plan and division IX, appendix B.

Capital improvements element or CIE. The capital improvements element of the comprehensive plan of the city.

Certificate of concurrency. A certificate which constitutes proof that public facilities and services are or will be available, consistent with the adopted level of service set forth in the CIE and division IX, appendix B and shall specify the public facilities and services which are to be constructed and timing of and responsibility for construction. Certification of concurrency shall cause the reservation of capacity in the public facilities and services which are or will be available, until the certification of concurrency is utilized, amended, or expires.

Comprehensive plan. The comprehensive plan of the city, including the various elements, as adopted and amended.

Concurrency. The necessary public facilities and services to maintain the adopted LOS standards are available when the impacts of development occur as set forth in the CIE and the Concurrency Management System.

Development agreement. An agreement entered into between the city and a developer, corporation, or other legal entity in connection with the approval of a development order pursuant to the requirements of chapters 163.3220—163.3243, F.S., or an agreement on a development order issued pursuant to chapter 380, F.S.

Development permit. Any development order issued in conjunction with a building permit, zoning permit, subdivision approval (including preliminary and final approvals), rezoning, certification, special exception, variance, or any other official action of a local government having the effect of permitting the development of land.

Level of service (LOS). An indicator of the extent or degree of service provided by, or proposed to be provided by a public facility based on the operational characteristics of the facility.

Public facilities and services. Capital facilities for water, sewer, drainage, solid waste, parks and recreation, and roads, for which level of service standards have been established in the comprehensive plan.

Reserved capacity. The setting aside of an agreed upon quantity of a public facility or service to be used for a specific project having been assigned a development order.

Construction, actual. Includes the placing of construction materials in permanent position on the site and fastened in a permanent manner.

Cross connection control plan (division IX, appendix F). The following terms are defined for the purpose of the cross connection control plan chapter:

Air gap. A physical separation of piping sufficient to prevent backflow between the free-flowing discharge end of the potable water supply system and any other water system. It is defined as a distance equal to twice the diameter of the supply side pipe diameter, but never less than one inch.

Approved backflow prevention device. A device that has been manufactured in conformance with AWWA standards, titled, AWWA C510-89 - Standard for Double Check Valve Backflow Prevention Assembly, or AWWA C511-89 - Standard for Reduced Pressure Principle Backflow Prevention Assembly, and have met the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (FCCHR). Final approval shall be evidence certifying full compliance with the aforesaid AWWA standards and FCCHR specifications.

Atmosphere vacuum breaker. A device that prevents back-siphonage by creating an atmospheric vent when either a negative or sub-atmospheric pressure exists in a water supply system.

Backflow. A reversal of water flow direction, whereby water or other liquids, under positive or reduced pressure, flows back into the distribution piping of a potable water supply system downstream from the customer's point of delivery.

Backflow prevention device (BFP). A device designed to prevent backflow or back-siphonage. These devices include: air gap, reduced pressure zone assembly (RPZ), double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bibb vacuum breaker, and residential dual check.

Back-siphonage. The flow of water or other liquids into the distribution piping of a potable water supply system from any source other than its intended source, caused by reduction of pressure in the potable water system.

Contamination. An impairment of the quality of potable water by any solid, liquid, or gaseous compounds or mixtures to a degree that would cause imminent danger to public health or would create an unacceptable taste, odor, or color in potable water.

Cross-connection. Any physical arrangement in which a public water supply is directly or indirectly connected with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device that contain or may contain contaminated or polluted water, sewage, or other waste that may be capable of imparting contaminating or pollution to the public water supply as a result of backflow or back-siphonage. The use of bypass arrangements, jumper connections, removable sections, swivel or changeable devices through which or because of which backflow or back-siphonage may occur are considered cross-connections and are unacceptable.

Customer or use. Any person or entity using or receiving water from the city's potable water supply system.

Customer's or user's water system. Those parts of water system facilities located beyond the point of delivery that is used to convey water to the customer's point of use.

Detector check assembly. A double check valve in a main supply line with a smaller parallel detection line with a meter and an independently acting double check valve.

Double check valve assembly. An assembly of two independently operating spring loaded check valves with tightly closing shutoff valve on each side of the check valves, together with test chocks for the testing of each check valve.

Hose bibb vacuum breaker. A device that is permanently attached to a hose bibb and acts as an atmospheric vacuum breaker.

Point of delivery. The terminal end of service from the public potable water system at the meter installation that includes the backflow prevention device when such device is installed with the water meter. This is the point at which the customer/user assumes control over the water supply.

Potable water. Water from any source that had been approved for human consumption by the city, county, and state health agencies.

Reclaimed water. Wastewater that has received at least secondary treatment and basic disinfection for the purpose of reuse after discharging from a domestic wastewater treatment facility.

Reduced pressure zone assembly (RPZ). An assembly consisting of two independently operated approved check valves with an automatically operating differential relief valve located between the check valves, with tightly closing shutoff valves on each side of the check vales, plus properly located test chocks for the testing of the check and relief valves.

Standard Plumbing Code. The Standard Plumbing Code published by the Southern Building Congress International, Inc.

Water service connection. The point in the customer's/user's water system beyond the sanitary control of the city. It is usually considered the outlet end of the water meter before any unprotected branch.

~ D ~

Density. The number of dwelling units permitted on an acre or acres of land.

Developer. Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings, under the LDR, to effect a subdivision of land, develop land for residential, institutional, commercial, industrial, or other uses for themselves or for another.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment and other activities as defined by the term "development" in section 380.04, F.S.

1.

The term "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.

2.

The following activities or uses shall be taken for the purposes of this land development code to involve "development" as defined as:

a.

A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.

b.

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.

c.

A complete or partial change in use of land or structure from a use within a class specified in an ordinance or rule to a use within a different class specified in an ordinance or rule.

d.

Alteration of a shore or bank of a river, stream, lake, pond, or canal, including any "coastal construction" as defined in [F.S.] § 161.021.

e.

Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.

f.

Demolition of a structure or any part thereof.

g.

Clearing of land as an adjunct of construction or any part thereof.

h.

Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

3.

The following operations or uses shall not be taken for the purpose of this code to involve "development" as defined in this section:

a.

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.

b.

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.

c.

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.

d.

The use of any structure or land devoted dwelling uses for any purpose customarily incidental enjoyment of the dwelling.

e.

The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forest products; raising livestock; or for other agricultural purposes.

f.

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.

g.

The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

4.

"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 resulting development. Reference to any specific operation is not intended to mean that the operation or activity, part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of subsection (1), as defined by chapter 380.04, F.S.

Development agreement. An agreement entered into between the city and a developer, corporation, or other legal entity in connection with the approval of a development order pursuant to the requirements of chapters 163.3220—163.3243, F.S., or an agreement on a development order issued pursuant to chapter 380, F.S.

Development order. Any legislative or administrative action or fiat of the City of Eagle Lake Commission or its agents which authorizes development or site altering activities.

Dish antennae. A device or structure used to receive signals from satellites in outer space for the purpose of transmitting images to television screens. Such devices shall be considered accessory structures for purposes of the land development regulations.

Dwelling. Any building, structure, manufactured home, recreational vehicle or trailer, which is wholly or partly used or intended to be used for living or sleeping by human occupants, whether or not such structure, building, manufactured home, recreational vehicle, or trailer is occupied or vacant.

Dwelling unit. A room or rooms connected together intended for human occupancy and containing cooking and sanitary facilities, and constituting a separate, independent housekeeping establishment for a family.

Dwelling, multiple-family. A residential building containing three or more dwelling units, except as provided under "dwellings, single-family (attached)."

Dwelling, two-family or duplex. A detached residential building containing two dwelling units.

Dwelling, single-family. A building containing only one dwelling unit. Such dwellings may be detached with no walls in common with other dwellings, semi-detached with one wall only in common with another dwelling, or attached with two walls in common with other dwellings or a residential design manufactured home. Where attached dwellings are for one family occupancy and have individual lots they shall be considered single-family dwellings even though the total structure in which they are located contains more than one dwelling unit.

~ E ~

Environmental protection (division VII, chapter 2). The following terms are defined for the purpose of the environmental protection chapter:

Aquifer. A groundwater-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water.

Closure permit. The permit required by activities which must cease operation pursuant to the provisions of section 6.2.70, the criteria for which are set forth under section 6.2.100.

Completed application. An application which includes all materials and documents which are necessary to support the application and which has been accepted as complete by the city staff.

Cone of depression. An area of reduced water levels which results from the withdrawal of groundwater from a point of collective source such as a well, wellfield, or dewatering site. The areal extent and depth of the depression is a function of the hydraulic properties of the aquifer, the pumpage rates, and recharge rates.

Cones of influence. Cones delineated by iso-travel time contours and the one foot drawdown contour within cones of depression of wells which obtain water from the unconfined or surficial aquifer system. These cones are calculated, based on the rate of movement of groundwaters in the vicinity of wells at a specified pumping rate.

Cone[s] of influence line on map. Lines delineated around water wells on the future land use map showing the location on the ground of the outer limits of cones of influence for present and future public potable water supply wells and wellfields.

Emergency hazardous situation. Exists whenever there is an immediate and substantial danger to human health, safety, or welfare, or to the environment.

EPA. United States Environmental Protection Agency.

Exfiltration system. Any gallery, perforated, or "leaky" pipe or similarly designed structure which is used to dispose of untreated stormwater by allowing the routed water to percolate by subsurface discharge directly or indirectly into the groundwater.

Facility. Main structures, accessory structures and activities which store, handle, use or produce regulated substances. Where contiguous facilities exist and such facilities are separate in the nature of the businesses, they shall be considered separate for the environmental protection chapter.

Generic substance list. These general categories of substances set forth in the environmental protection chapter.

Groundwater. Water that fills all the unblocked voids of underlying material below the ground surface, which is the upper limit of saturation, or water which is held in the unsaturated zone by capillarity.

Laboratory. A designated area or areas used for testing, research, experimentation, quality control, or prototype construction, but not used for repair or maintenance activities (excluding laboratory equipment), the manufacturing of products for sale, or pilot plant testing.

One-foot drawdown contour. The locus of points around a well or wellfield where the free water elevation is lowered by one foot due to a specified pumping rate of the well or wellfield.

Operating permit. The permit required of certain activities under section 7.2.3.30 to operate; the criteria for which are set forth under section 7.2.3.60.

Regulated substances.

Those deleterious substances and contaminants, including degradation and interaction products, which because of quality, concentration, or physical, chemical (including ignitability, corrosivity, reactiveness and toxicity) or infectious characteristics, radio activity, mutagenicity, carcinogenicity, teratogenicity, bioaccumulative effect, persistence (nondegradability) in nature, or any other characteristic, that may cause significant harm to human health and environment (including surface water and groundwater, plants, and animals).

Regulated substances shall include, but are not limited to, those substances set forth in the lists, as amended from time to time, entitled, List of Hazardous Wastes (40 CFR part 261, subpart D), 40 CFR part 261, appendix VIII—Hazardous constituents, and EPA Designation Reportable Quantities and Notification Requirements for Hazardous Substances Under CERCLA (40 CFR 302, effective July 3, 1986). However, the definition shall only apply whenever the aggregate sum of all quantities of any one regulated substance at a given facility/building at any one time exceeds five gallons where the substance is a liquid, or 25 pounds where the substance is a solid.

This definition shall also apply if no single substance exceeds the above referenced limits but the aggregate sum of all regulated substances present at one facility/building at any one time exceeds 100 gallons if the substances are liquids, or 500 pounds if the substances are solids. Where regulated substances are dissolved in or mixed with other nonregulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this article. Where a regulated substance is a liquid, the total volume of the regulated substance present in a solution or mixture of the substance with other substances shall be determined by volume percent composition of the regulated substance.

This article shall apply to all underground storage facilities for petroleum products which are not regulated by the state pursuant to section 376.317, Florida Statutes, and chapter 17-61, Florida Administrative Code.

Spill. The unpermitted release or escape of a regulated substance, directly or indirectly, to soils, surface waters or groundwaters.

Well. Any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is to conduct ground water from a source bed to the surface by pumping, natural flow, or any other method.

Wellfield. An area of land which contains one or more than one well for obtaining water.

Essential services. Services authorized and regulated by state or national public utility commissions or services owned or franchised by the city or county.

Excavation, borrow pit. Any removal of dirt from a lot or parcel of land within the city, including the creation of a pit or depression of land as the result of the dirt removal.

Extermination. The control and extermination of insects, rodents, or other pests through elimination of their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods.

~ F ~

Factory built structure. (Also referred to as manufactured building). Any structure built in conformance with the Standard Building Code and so certified by the Florida Department of Community Affairs, as provided for in the Florida Manufactured Building Act of 1979 (chapter 533, part IV, Florida Statutes). A manufactured building includes a closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems constructed in manufacturing facilities for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures. This definition does not apply to manufactured homes built to the HUD code. Manufactured building may also mean, at the option of the manufacturer, any building of open construction made or assembled in manufacturing facilities away from the building site for installation, or assembly and installation, on the building site.

Family. One or more persons occupying a single dwelling unit; except no such family shall contain more than five persons unless all members are related by blood or marriage, and further provided that domestic workers employed on the premises may be housed on the premises without being counted as members of a family or families.

Family group home. A home generally housing no more than two live-in staff members, or one staff member and spouse, plus a maximum of 12 permanent residents and two short-term (respite) residents, but in no case to exceed the maximum number of people permitted by the state of Florida Department of Children and Families or its successor agency.

Fence. Artificial barrier installed or constructed for the purpose of screening or enclosing property. All fences shall be appropriate for use in an urban area. Fences in residential districts shall be fabricated from materials which are compatible with surrounding properties, including, but not limited to, chain link, wood stockade panels, or masonry. In all residential districts, electrified fences, barbed wire, chicken wire, hog wire, and razor wire fences are prohibited. The building official shall approve all fences erected in the City of Eagle Lake.

Fire and hazardous materials (division IX, chapter D). The following terms are defined for the purpose of the fire and performance standards chapter:

Slow burning materials. Materials that will not ignite or actively support combustion during an exposure of five minutes to a temperature of 1,200 degrees Fahrenheit, and therefore, do not constitute an active fuel.

Moderate burning materials. Materials which in themselves support combustion or are consumed slowly as they burn.

Free burning materials. Materials which burn actively and easily support combustion.

Intense burning materials. Materials which have a low ignition temperature, a high rate of burning, and create a great heat.

Flammable or explosive materials. Materials which produce flammable or explosive gases or vapors under ordinary temperature conditions, including liquids with a closed cup flash point of less than 105 degrees Fahrenheit.

Closed cup flash point. The temperature at which a liquid sample produces sufficient vapor to flash, but not to ignite, when in contact with a flame in a closed up tester, such as a Pensky-Martens, Tagliabue, or equivalent standard testing equipment.

Original sealed containers. Containers with a capacity of not more than 55 gallons.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: The overflow of inland or tidal waters or the unusual and rapid accumulation or run-off of surface waters from any source.

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

Floor area. The total floor area contained within a building, or roofed and enclosed on at least two sides, provided that floor area designed and used for parking shall be excluded from any limitations on maximum floor area of buildings, except as otherwise provided within the LDR.

Foster home. A home housing no more than four foster children and/or adults but in no case to exceed the maximum number of people permitted by the State of Florida Department of Children and Family (DCF) or its successor agency, including foster parents.

Future land use element. A plan or any portion thereof, adopted by the city, showing the general location and extent of present and proposed future physical facilities including housing, institutional, industrial and commercial land uses, major streets, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies for development of the city as required by chapter 163, part II of the Florida Statutes.

~ G ~

Garage, repair - Minor. The building(s) and premises or portions thereof designed and intended for some or all of the purposes indicated under "service stations" but which, unlike a service station, include provisions for small-scale mechanical work on motor vehicles. Small scale work shall include inspection; maintenance, repair or replacement of the following: brake systems; ignition and electrical systems; carburetor and fuel systems; batteries, oil, anti-freeze and other fluids; tires, tuning and adjustments; provided, that body work and painting shall be conducted within a completely enclosed but safely vented building. Such garages may also be used for hiring, renting, indoor storing, or selling of motor vehicles when directly supporting the operations of the minor repair garage. Moving trucks and trailer rental may be permitted consistent with section 2.6.2.275 (Truck and Trailer Rentals). Large-scale work including engine removal; disassembly or re-assembly; transmission removal or installation; or storage of vehicles or motor vehicle materials or parts is prohibited.

Garage, repair - Major. The building(s) and premises or portions thereof designed and intended for some or all of the purposes indicated under "service stations" but which, unlike a service station, include provisions for small-scale and large-scale mechanical work on motor vehicles. Small-scale work shall include inspection; maintenance, repair or replacement of the following: brake systems; ignition and electrical systems; carburetor and fuel systems; batteries, oil, anti-freeze and other fluids; tires, tuning and adjustments; provided that body work and painting shall be conducted within a completely enclosed but safely vented building. Such garages may also be used for hiring, renting, indoor storing, or selling of motor vehicles when directly supporting the operations of the minor repair garage. Large-scale work including engine removal; disassembly or re-assembly; transmission removal or installation; or the indoor storage of vehicles or motor vehicle materials or parts is permitted.

Garbage. The animal, vegetable, fruit or other waste, including all forms of containers and paper products, resulting from the handling, preparation, cooking, and consumption of food.

Group home. A home housing a maximum of 20 residents plus staff. Staff is not required to live in. The category includes group care homes, dormitories, adult congregate living facilities, and boarding homes.

~H~

Habitable room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or halls, closets, and storage areas.

Home occupation. A home occupation is any activity carried out for gain by a resident and conducted as an accessory use in the resident's dwelling unit in a zoning district where such use is permitted or permissible.

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

Hospital, veterinary. Any structure or premises used primarily and essentially for the medical and surgical care of ill, disabled, or injured non-human animals, birds, reptiles, and similar creatures.

Hotel, motel, motor hotel, motor lodge, tourist court. These terms are to be considered synonymous, and to mean 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 rooming or boarding houses, where rentals are for longer periods and occupancy is generally by seasonal residents rather than transients. Restaurants, dining rooms, and cafes where meals are served to the public are to be considered a part of these facilities provided all other applicable requirements contained in the LDR are met.

Housekeeping unit. A room or combination of rooms constituting living facilities; including bedrooms, bathrooms, living rooms, dining rooms, sanitary facilities, and normal kitchen facilities. Additional cooking units and dishwashing facilities shall constitute an additional housekeeping unit.

Housing for the elderly. Multifamily housing designed to accommodate persons 62 years of age or older.

Housing official. The appointed staff member designated by the administrative official to administer the Minimum Housing Code.

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Impervious surface. A land surface which has been covered with a layer of material(s) or compacted sufficiently so that it is incapable of being penetrated or infiltrated by water. This material covering includes, but is not limited to, principal buildings, sidewalks, walkways, driveways, accessory structures, pools, and decks.

Improvements, site. The installation of street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, any man-made alteration of the natural vegetation or land contour and other related matters normally associated with the development of land for buildings and/or sites for the sale of lots.

Infestation. The presence within or around a dwelling of insects, rodents, or pests which are detrimental to the public health, safety, and general welfare of the residents or occupants.

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Junk yard. A place, structure, lot or parcel where junk, waste, discarded, salvaged, or similar materials such as metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, and the like, are brought, bought, sold, exchanged, baled, packed, disassembled, stored, or handled. It shall include used lumber and building material yards, house wrecking yards, heavy equipment wrecking yards and yards or places for the storage, sale, or handling of salvaged house wrecking or structural steel materials. This definition shall not include automobile wrecking and automobile wrecking yards, or pawnshops and retail 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 in usable condition; 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.

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Kennel. Any lot or premises on which four or more dogs and/or cats at least four months of age are kept, boarded, or trained, whether in special structures or runways or not. When dogs and/or cats are the property of the owner of the premises on which such animals are kept, such use shall not be deemed to be a kennel.

Kitchen. A room or place for the preparation and cooking of food, containing a sink with hot and cold running water, a stove, and a refrigerator.

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Landscaping, irrigation, and tree protection (division IV, chapter 4). The following terms are defined for the purpose of the landscaping, irrigation, and tree protection chapter:

Buffer, perimeter landscape. An area of land which is required to be set aside along the perimeter of a lot in which landscaping is used to provide a transition between and to reduce the environmental, aesthetic, and other impacts on one type of land use upon another.

Cultivated landscape area. Planted areas that are frequently maintained by mowing, irrigating, pruning, fertilizing, and related maintenance.

Ecosystem. A characteristic assemblage of plant and animal life within a specific physical environment, and all interactions among species and between species and their environment.

Ground cover. Plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity.

Hedge. A landscape barrier consisting of a continuous, dense planting of shrubs.

Irrigation system. A permanent, artificial watering system designed to transport and distribute water to plants.

Landscaping. Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) and non-living landscape material (such as rocks, pebbles, sand, mulch, walls fences, or decorative paving materials).

Mulch. Non-living organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture.

Open space. Shall be interpreted to mean:

1.

All areas of natural plant communities or areas replanted with vegetation after construction, such as: revegetated natural areas; tree, shrub, hedge or ground cover planting areas; lawns; and

2.

Other areas to be provided as open space as required in the land development regulations.

Plant community. A natural association of native plants that are dominated by one or more prominent species, or a characteristic physical attribute.

Plant species, prohibited. Those plant species which are demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety, and welfare.

Shrub. A self supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base.

Site specific planting. The selection of plant material that is particularly well suited to withstand the physical growing conditions which are normal for that location.

Shade tree. A self supporting woody plant or species normally growing to a mature height of at least 15 feet and a mature spread of at least 15 feet in the city. Clusters of more than one tree may be used when it is demonstrated to the city that the grouping of trees will, at maturity, surpass the 15 feet diameter requirement and that the grouping of trees is suitable for the proposed location.

Tree. A self-supporting woody plant of a species normally growing to a mature height of at least 15 feet in the city.

Turf. Continuous plant coverage consisting of grass species suited to growth in the city.

Understory. Assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees.

Vegetation inventory. A document which delineates the location and identifies the vegetation upon a lot and which meets the standards established in the landscaping and irrigation chapter.

Vegetation, native. Any plant species with a geographic distribution indigenous to all, or part, of the State of Florida. Unless specified otherwise, when the term vegetation is used, it shall mean and be interpreted to mean native vegetation.

Level of service (LOS). An indicator of the extent or degree of service provided by, or proposed to be provided by a public facility based on the operational characteristics of the facility.

Level of service standard. The minimum functional level of service acceptable for provision of public facilities and utilities which will protect the health, safety, order, and welfare of the public.

Lots (division II, chapter 5). The following terms are defined for the purpose of the lots chapter:

Lot. For purposes of the land development regulations, a lot is a parcel of land of at least sufficient size to meet minimum requirements for use, width, coverage, and total area, and to provide such yards and other open spaces as are required. Such lot shall have frontage on an improved 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, of 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 this chapter.

Lot, corner. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

Lot coverage. That percentage of lot area that is or may be covered or occupied by buildings, including accessory buildings, under the terms of the land development regulations.

Lot depth. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rear most points of the side lot lines in the rear.

Lot, double fronting. Through lots abutting two streets may be referred to as double frontage lots.

Lot, flag. A flag lot has two distinct parts under one ownership: (1) the flag, which is the building site located behind another lot; and (2) the pole, which connects the flag to the street or road, provides the only street frontage for the lot, and at any point is less than the minimum lot width for the zoning district.

Lot, frontage. The front of a lot shall be defined to be that portion of the lot nearest the street established as the street address. For the purposes 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 indicated in this chapter.

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

Lot, reversed frontage. A lot on which the frontage is at right angles or approximate right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may be a corner lot, an interior lot, or a through lot.

Lot, through. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

Lot of record. A lot which is part of a subdivision recorded in the office of the county clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded on or before the effective date of the original zoning ordinance of the city which shall be August 7, 1961, and all subsequent amendments.

Low and moderate income families. Families defined under section 8 Assisted Housing Program, whose annual income does not exceed 80 percent of the median income for the area. The term "families" includes "households."

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Major violation. A defect that exists on a property or structure that is immediately dangerous to the health, safety, or welfare of the occupants, passersbys, or persons in contiguous areas; a defect that exists that seriously undermines that component or structural member which renders that component or member unsafe to use in its present condition.

Manufactured housing (division III, chapter 3). The following terms are defined for the purpose of the manufactured housing chapter:

Manufactured home. A structure, built to be transported to its site in one or more sections, which, in the delivery mode, is 80 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet in floor area. Such structures are built on a permanent chassis 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, cooling and electrical systems contained therein and further are constructed to and certified as meeting current standards of the Department of Housing and Urban Development in compliance with the Housing and Community Development Act of 1980.

Manufactured home, foundation. The site built supporting parts upon which the manufactured home is placed, whether constructed to encompass the perimeter of the home or in the form of piers and including all exterior materials required to physically screen, veneer, or shield from view such supports, extending at minimum from the ground surface to the bottom portion of the exterior wall surfaces of the home.

Manufactured home, residential design (RDMH). New manufactured homes approved as meeting "residential design" standards contained herein and constructed after July 1, 1985.

Manufactured home, standard design (SDMH). Manufactured homes certified as meeting the HUD standards or manufactured homes certified as meeting prior codes, and found on inspection to be in excellent condition and safe and fit for continued residential occupancy, but in both cases not approved as meeting "residential design" standards contained in division III, chapter 3.

Manufactured housing development. Any land area planned and improved for the placement of manufactured homes. Manufactured housing developments include the following:

A.

A parcel of land under unified ownership or management utilized for the siting of manufactured homes for use as single-family residences, including any land, buildings, or facilities used by residential occupants and referred to as a park.

B.

A parcel of land improved for the siting of manufactured homes for use as single-family residences on lots as defined herein, platted and all applicable improvements provided according to the land development regulations, offered for sale and referred to as a subdivision.

C.

Condominium development designed to utilize manufactured homes and complying with all applicable requirements of the land development regulations, offered for sale and referred to as a condominium.

D.

Residential planned unit developments designed to utilize manufactured homes and complying with all applicable requirements of the land development regulations.

Minor violation. A defect that exists on a property or structure that in its present state of disrepair, deterioration, or absence, does not constitute an immediate hazard.

Motor home. Any self-propelled motor driven, licensed vehicle having two or more axles and containing any sleeping, cooking or sanitary facilities; also designated as a recreational vehicle.

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Noise or sound (division IX, chapter D). The following terms are defined for the purpose of the performance standards chapter:

Decibel. A unit of measurement of intensity of sound (the sound pressure level).

Octave band. A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

Octave band filter. An instrument, for which criteria have been established by the American Standards Association, which in conjunction with a sound level meter is used to take measurements in specific octave bands.

Sound level meter. An instrument, for which criteria have been established by the American Standards Association, used for the measurement of the intensity of sound and calibrated in decibels.

Nonresidential activity. Any activity which occurs in any building, structure, or open area which is not used primarily as a private or public residence or dwelling.

Nuisance. An activity which arises from the unreasonable, unwarranted, or unlawful use by a person of property, working an obstruction or injury to the right of another or to the public, and producing such material annoyance, inconvenience and discomfort that the law will presume resulting damage.

Nursing home. A private home, institution, building, residence or other place, whether operated for profit or not, including those facilities operated by units of government, which undertakes, through its ownership or management, to provide, for a period exceeding 24 hours, the maintenance, personal care, or nursing for three or more persons not related by blood or marriage to the operator and 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. A home for the aged also comes under this definition.

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Off-street parking, loading, and storage (division IV, chapter 6). The following terms are defined for the purpose of the off-street parking, loading, and storage chapter:

Bicycle parking facility. A portion of either the vehicle accommodation area or another area designed exclusively for parking bicycles, where the user can lock the frame and both wheels to a stationary object using a lock provided by the user.

Loading space, off-street. The space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Such space is not to be included as off-street parking space. (See division IV, chapter 6 of the LDR.)

Parking space, off-street. A portion of the vehicle accommodation area or bicycle parking facility set for the parking of one vehicle or one bicycle. It is an area 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.

Recreational equipment. Recreational equipment is defined to include boats and boat trailers, houseboats, travel trailers, buses, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, pop-up tent trailers and similar vehicles, and cases or boxes used for transporting recreational equipment, whether occupied with such equipment or not.

Office, business or professional. An establishment providing executive management, and professional services to the public, including, but not limited to, the following: advertising services, business offices of private companies, business offices of utility companies, public or nonprofit agencies; professional or consulting offices for accounting, architecture, computer technology, design, engineering, landscape architecture, law, urban planning, and similar professions; property and financial management, real estate; secretarial and telecommunication services; and travel agencies. This definition does not include a barber or beauty shop, offices for the treatment of animals on the premises, nor does it include medical or dental clinics.

Openable area. That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator. Any person who has charge, care, or control of a building or part thereof, in which dwelling units or rooming units are let for rent or lease.

Out lot. Property shown on a subdivision plat and within the general boundaries of the land which is to be developed but which is to be excluded from the development of the subdivision.

Owner. Any person, agent, partnership, corporation, agency, or other legal entity having a legal or equitable interest in real property or dwelling, or others who have interest in a structure and who are in possession or control thereof, as agents of the owner, as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the owner or owners shall be bound to comply with the provision of the LDR and of the rules and regulations adopted pursuant hereto, to the same extent as if he were the owner, and upon failure to comply therewith shall be subject to the same penalties hereinafter set out.

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Pedestrian and service easement. A public way at the back or side of properties otherwise abutting on a street that is open to general pedestrian use but restricted as to use by automobiles and trucks. Only governmental or public utility vehicles shall be permitted in such easements.

Performance or surety bonds. Written agreements made between the developer and the city for 120 percent the amount of the estimated cost of construction guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the development agreement.

Plat. The drawing on which the developer's plan of subdivision is presented for approval and after such action goes to the county clerk for recording in its final form.

Plumbing code. The plumbing code of the city.

Potable water. Water that is intended for drinking, culinary, or domestic purposes, subject to compliance with county, state, or federal drinking water standards.

Premises. A lot, plot, tract, or parcel of land and including the buildings or structures thereon when such exist.

Public areas. An unoccupied open space adjoining a building on the same property, that is permanently maintained, accessible to the public, and free of all encumbrances that might interfere with its use by the public.

Public notice or due public notice. Public notice or due public notice, as used in connection with the phrase "public hearing or hearing to be held after due public notice," means publication of notice of the time, place, and purpose of such hearing according to the requirements of chapter 166.041, and/or chapter 163, Florida Statutes, governing the particular action to be considered.

Public utility. Any privately owned, municipally owned, County owned, special district owned, or State owned system providing water or wastewater service to the public which has at least 15 service connections or regularly serves at least 25 year-round residents.

Public way. An alley, avenue, boulevard, bridge, channel, ditch, easement, highway, land, parkway, right-of-way, road, sidewalk, street, viaduct, walk, or other ways in which the general public or a public entity has a right of use, or which are dedicated, whether improved or not.

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Recreational vehicle. The definition includes, by example, travel trailers, pickup coaches or campers, motor homes, camping trailers and other forms of transportable housing or shelter used for recreational purposes. For purposes relating to regulation of such transportable housing, an individual facility of the kind indicated may be referred to hereafter as a unit.

Regulated substances (division VII, chapter 2). See the definitions under "Environmental Protection."

Repair. The replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installation, or that would be in violation of a provision of code or ordinance. The term "repairs" shall not apply to any change of construction.

Restaurant. An establishment where food is prepared for sale and served for pay, is ordered from a menu or purchased cafeteria style, primarily for consumption on the premises in a completely enclosed room, under the roof of the main structure, or in an interior court. A drive-in restaurant is not considered a restaurant in the LDR.

Restaurant, drive-in, fast food, or refreshment stand. Any place or premises where food is prepared and served for pay, and for which 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 the purposes of the LDR. A barbecue stand or pit or sandwich bar, having the characteristics noted in this definition shall be deemed a drive-in restaurant.

Right-of-way. Land in which the state, county, or city owns the fee simple title or has an easement dedicated or required for a transportation or utility use. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, and bridges.

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

Rubbish. Combustible and non-combustible waste materials, except garbage. The term shall include but not be limited to the residue from the burning of wood, coal, coke, or other combustible material; and shall further include boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery, and dust.

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Salvage operation, recycling, building, yard. A place, site, building and/or yard where any type of new, used, or damaged materials or goods are processed, whether manually, mechanically or in any other form whatsoever, as waste materials for sale or reuse on or off-site. Such salvage operation may utilize some or all of the following materials, but are not limited to just the items so listed: automotive vehicles, trucks and parts, batteries, tires, appliances, building materials, metal and other containers, glass, hardware, brick, block, lumber, and similar and related materials and equipment.

Service station. A facility which has as its primary purpose the sale and dispensing of motor vehicle fuels and vehicle maintenance and repair, but not including engine overhauling or transmission rebuilding.

Senior adult flat. A single-family dwelling unit designed to accommodate not more than one retired senior adult parental family related to the occupants of the principal residence. The parental family shall be limited to mother, father or grandparent(s) of the occupants of the principal residence but in no case shall the flat be occupied by more than two persons. The flat shall not be connected to separate utility meters nor shall the flat be converted to nor used for rental property when the original use is discontinued.

Sexual businesses (division III, chapter 4). The following terms are defined for the purpose of the sexually oriented business and uses and restrictions chapter:

Adult bookstore. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, films, newspapers, photographs, paintings, drawings, or other publications or graphic media, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this chapter.

Adult photographic studio. Any establishment which offers or advertises the use of its premises for the purpose of photographing or exhibiting "specified sexual activities" or "specified anatomical areas."

Adult theater. An enclosed building or an enclosed space within a building for presenting either filmed or live plays, dances, and other performances, either by individuals or groups, distinguished or characterized by substantial emphasis on material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined in this chapter, for observation by patrons therein.

Child care center. Any establishment that provides, on a regular basis, supervision and care for more than five children unrelated to the operator for a period of less than 24 hours a day and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit, except that the following are not included: public schools and non-public schools which are in compliance with the compulsory school attendance law, chapter 232, Florida Statutes; summer camps having children in full-time residence; summer day camps; and Bible schools normally conducted during vacation periods. The term includes kindergartens, nurseries, nursery schools, day care centers and day nurseries.

Church/synagogue. Tax exempt buildings used for non-profit purposes by a recognized and legally established sect for purpose of worship, including education buildings when operated by such church/synagogue.

Departments. The police department, public works department, city manager's office including the respective chief, director, employees, officers, and designated agents of each.

Establish. Means and includes any of the following:

(1)

The opening or commencement of any sexually oriented business as a new business;

(2)

The conversion or physical expansion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(3)

The addition of any sexually oriented business to any other existing sexually oriented business; or

(4)

The relocation of any sexually oriented business.

Permittee. A person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit.

Person. An individual, proprietorship, partnership, corporation, association, or other legal entity.

Physical culture establishment. Any establishment which offers or advertises massage, body rubs, or physical contact with specified anatomical areas, whether or not permitted. Establishments which routinely provide medical services by state licensed medical practitioners, electrolysis treatment by permitted operators of electrolysis equipment, and massage by State licensed massage therapists shall be excluded from the definition of adult physical culture establishments.

Police chief. The Sheriff of Polk County, Florida, or his designated agent.

Public recreation area. Public land which has been designated for recreational activities including nature trails, boating, picnicking, beaches, playgrounds, ball fields, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, etc.

School. A facility which is in compliance with the compulsory school attendance law, chapter 232, Florida Statutes, and provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, middle schools, junior high schools, and high schools.

Sexually oriented business. An adult bookstore, special cabaret, adult theater, adult photographic studio, or physical culture establishment.

Special cabarets. A place of business which features persons who display or expose specified anatomical areas to others, or any such establishment the advertising for, or a sign or signs identifying which, use the words, "adult," "topless," "nude," "bottomless," or other words of similar import.

Specified anatomical areas. Less than completely and opaquely covered: human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified criminal act.

A criminal violation of the sexually oriented business and uses and restrictions chapter;

An offense under chapter 794, Florida Statutes (Sexual Battery);

An offense under chapter 796, Florida Statutes (Prostitution);

An offense under chapter 800, Florida Statutes (Lewdness; Indecent Exposure);

An offense under chapter 826, Florida Statutes (Bigamy; Incest);

An offense under chapter 847, Florida Statutes (Obscene Literature; Profanity); or

An offense under an analogous statute of a state other than Florida, or under an analogous ordinance of another city or county.

Specified sexual activities. Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy, whether actual or simulated; fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Straddle dance. The use by an employee of a sexually oriented business of any part of his or her body to touch the genital or pubic area of a person while at the establishment and while the employee is exposing a specified anatomical area, or the touching of the genital or pubic area of any such employee by a person while at the establishment. It shall be a "straddle dance" regardless of whether the "touch" or "touching" is direct or through a medium.

Transfer of ownership or control of a sexually oriented business. Means and includes any of the following: (1) The sale, lease, or sublease of the business; (2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

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

Signs (division VI, chapter 3). The following terms are defined for the purpose of the signs chapter:

Business in a center or strip center. Two or more businesses located within a single building on a lot of record.

Sign. Any device located on the exterior of a building or buildings, whether permanent or temporary, or when composed of letters or pictures attached or painted on a wall, facade or marquee, affixed to or set on the ground, or structure; designed to inform or attract attention of persons not on the premises on which the sign is located including balloons, streamers, or other devices.

Sign, abandoned. Any sign which for a period of 60 days or longer no longer advertises any business, services, goods, commodities or other mercantile, or product sold, or service rendered.

Sign, advertising. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered somewhere other than on the premises and only incidentally on the premises, if at all.

Sign, balloon. A device constructed of fabric, plastics or other material which is inflated by air, gas or comparable systems or held in place by some form of framing, which is used to advertise products or services or to attract the attention of the public on or off the premises where such device is located. The entire surface of such device shall be used in calculating the area considered to be a sign surface.

Sign, bench. A structure primarily designed for the purpose of providing seating for the public, when the back rest of such bench contains advertising copy whether or not on the front and/or rear side of the back rest.

Sign, billboard. A sign erected and maintained by a business or service upon which advertising matter, public services information or other matter may be displayed and which advertises firms and organizations that, along with their goods and/or services, are not located on the same premises as the sign, and which surfaces are sold, rented or leased for the purposes of advertising or providing information. A billboard/outdoor advertising sign shall be considered an off-site sign.

Sign, business. A sign which directs attention to a business, profession or activity conducted on the premises.

Sign, flashing. A sign designed to attract attention by the inclusion of a flashing, changing, revolving, or flickering light source or a change of light intensity.

Sign, ground. A sign supported by uprights or braces placed upon or in the ground and not attached to any building. Ground sign includes a pole sign.

Sign, hanging. A sign which hangs down from and is supported by or attached to the underside of a canopy, awning, marquee, or extension of a structure.

Sign, height. The distance measured from the top of the sign to the ground elevation upon which the sign is located.

Sign, identification. A sign which depicts the name and/or address of a building or establishment on the premises where the sign is located as a means of identifying the building or establishment.

Sign, illuminated. A sign which contains a source of light or which is designed or arranged to reflect light from an artificial source including indirect lighting, neon, incandescent lights, back lights, and reflector signs which depend upon automobile headlights for an image.

Sign, indirectly illuminated. A sign illuminated with a light directed primarily toward such sign, including back lighted signs, and so shielded that no direct rays from the light are visible elsewhere than on the site or lot where the illumination occurs.

Sign, menu board. A permanently affixed structure normally associated with restaurants where menus and prices are posted and utilized for drive through customers.

Sign, monument. Any sign depicting the name of a neighborhood or residential subdivision.

Sign, moving. A sign designed to attract attention by physical movement of all or parts of the sign including rotation, motion or the perception of motion.

Sign, non-conforming. Any sign which existed at the time of passage or amendment of the zoning ordinance in effect prior to the adoption of these land development regulations, or as a result of having been annexed into the city, and which due to height, area, location, use or structural condition is not in strict compliance with the provisions of the land development regulations.

Sign, off-site. Any sign which advertises a place of business(es), services, goods, commodities, or other mercantile which are not located on the same premises as the sign, such as a billboard/outdoor advertising sign.

Sign, on-site. A sign relating in its subject matter to the premises on which it is located, or to products sold, accommodations, services, or activities on the premises. On-site signs do not include billboard/outdoor advertising signs in the conduct of the outdoor advertising business.

Sign, parasite. A sign for which no permit has been issued or which is attached to another sign or structure.

Sign, pole. See Sign, pylon.

Sign, political. Any sign designed to inform the public of a candidate seeking elective office; signs relating to public referenda.

Sign, portable. Any on site sign which is temporary in nature, portable in that it is not intended to be permanently affixed or attached to the ground and which may be wired for illumination. Such sign may be on a trailer or towing device or may be transported to the site and temporarily secured to the ground.

Sign, pylon. Any sign, supported by uprights, bracing or a foundation, placed, erected or installed upon the ground.

Sign, reader board. A permanently affixed sign on which the occupant alters daily or from time to time the products and services offered, prices, special events, and related information.

Sign, real estate. A sign which advertises the sale or rental of the premises upon which it is located.

Sign, roof. A sign erected, constructed, and maintained wholly upon or over the roof of any structure or building; the principal means of support thereof being the roof or roof parapet of such structure or building.

Sign, shopping center. Any sign used for the purpose of identification of a shopping center by name which may include the names of establishments in the shopping center and the nature of business activity. Such sign may be freestanding but must meet all other requirements of the land development regulations.

Signs, temporary. Any sign advertising activities or events of a less than permanent nature. By example, but not limited to, such signs include grand openings, yard and garage sales, and special events of a non-profit organization. For the purpose of this definition, banner signs and wind signs shall be classified as temporary signs.

Sign, wall. A sign of solid face construction mounted flat against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure. A wall sign shall include any sign, image or lettering which is painted, carved, etched or posted directly onto any surface of any building, whether advertising goods or services offered on or off the premises or promotions for public services and related messages.

Sign, wind. Any sign or display including but not limited to flags, banners, balloons (other than as defined above), streamers and rotating devices, fastened in such a manner as to move upon being subjected to pressure by wind or breeze.

Sound (division IX, chapter D). See the definitions under "Noise."

Special exception. A use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Uses may be permissible in a zoning district as a special exception if specifically listed as such and criteria for the special exception is provided in the LDR.

Stairway. One or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure.

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.

Streets (division IX, appendix F). The following terms are defined for the purpose of streets:

Street. A thoroughfare or roadway which affords the principal means of access to abutting property. This includes lanes, ways, public or private, or other means of ingress or egress regardless of the descriptive term used and whether paved or unpaved. Classifications for streets are established as follows:

Alley. A minor public way open to any traffic and intended for vehicular service access to the back or side or properties otherwise abutting on a street.

Arterial road. A roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. In addition, every United States numbered highway is an arterial road.

Collector road. A roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads collect and distribute traffic between local roads or arterial roads.

Cul-de-sac. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.

Limited access facility. A roadway especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no greater than a limited right or easement of access.

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

Loop drive. A type of minor local street, each end of which terminates at an intersection with the same connecting street, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from said connecting street, nor normally more than 600 feet from each other.

Marginal access street. A minor public way located parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from through traffic.

Private street/drive. An access way owned and maintained by persons other than the city. Such street/drive shall be approved by the city commission prior to any permits for structures being issued.

Street construction (division IX, appendix F). The following terms are defined for purposes of street construction:

Base. That portion of the roadbed immediately below the surface, or wearing course, and above the subgrade.

Binder course. A layer of stable, open graded asphaltic concrete placed between the base course and wearing surface on heavily traveled roadways. It is considered to be part of the surface course.

Driving surface. The paved area between all curbs, including "Miami curbs."

Median. The portion of a divided highway or street separating the traveled ways for traffic moving in opposite directions.

Prime coat. A film of asphalt applied to the upper surface of soil or rock base, which serves as waterproofing and protection against wear prior to placing the surface material.

Roadbed. That portion of the roadway occupied by the subgrade and road shoulders.

Roadway. That portion of the right-of-way between the limits of construction, including any sidewalks, walls, and similar improvements, which are a part thereof.

Subgrade. That portion of the roadbed immediately below the base course or pavement (including curb and gutter, valley gutter), the limits of which will ordinarily include those portions of the roadbed shown in the plans to be constructed to a specific bearing value or to receive stabilization treatment.

Surface course or wearing course. That portion of the roadbed which forms the upper surface.

Tack coat. A film of asphalt cement applied beneath layers of surface material, which serves to bond the surface to the material below.

Structure. Anything constructed or erected with a fixed location on or in the ground or water or attached to something having a fixed location on the ground or water. Among other things, structures include buildings, manufactured homes, walls, fences, screen enclosures, tents, balloon or forced air signs, billboards and other signs.

Subdivision. The division of a parcel of land, whether improved or unimproved, into two or more contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, for the purpose, whether immediate or future, of transfer of ownership or, if the establishment of a new street is involved, any division of such parcel; provided, however, that the division of land into parcels of more than five acres not involving any change in street lines or public easements of whatsoever kind is not to be deemed to be a subdivision within the meaning of the LDR. The term includes a resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. The sale or exchange of small parcels of land to or between adjoining property owners to clear titles, estates, make conform to zoning minimum lot width and area requirements and similar situations where such sale and/or exchange does not create additional lots shall not constitute a subdivision of land.

Subdivision construction plans. These are plans prepared by a registered engineer delineating all improvements to be constructed within a proposed subdivision and any external construction required for connection to existing improvements.

Supervised living facilities. Facilities housing more than 20 residents, to include, but not be limited to, convalescent homes, rest homes, nursing homes, community residential rehabilitation centers, dormitories, adult congregate living facilities and boarding homes. In the case of adult congregate living facilities and boarding homes, the number of rooms provided to accommodate residents shall not exceed the density of the zoning district for which it is permitted or permissible.

Supplied. Paid for, furnished, or provided by, or under control of, the owner or operator.

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Temporary housing. Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than 30 consecutive days.

Temporary structure. Temporary structures in connection with land development, construction projects, grand openings, or temporary shelter. These structures include, but are not limited to, tents, canopy covers, mobile offices, and so forth.

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

Townhouse or rowhouse. Three or more single-family dwellings separated by party walls or separated by not more than one inch from another townhouse. 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 multiple-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 multiple dwellings in the district in which the townhouses are located.

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

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Use. The purpose for which land or water or a structure thereon is designed, arranged or intended to be occupied or utilized, or for which it is occupied or maintained. The use of land or water in the various zoning districts is governed by the LDR and the future land use map.

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Variance. A relaxation of the terms of the LDR where such 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 LDR would result in unnecessary and undue hardship on the land. As used in the LDR under zoning, a variance is authorized only for height, area and size of structures or size of yards and open spaces. As used in the LDR under subdivisions, a variance is authorized generally for peculiar site or topographic conditions, and not as a result of actions of the owner or developer, but all within the intent and purpose of the chapter. Variances are not to be granted for minimum lot width or lot area requirements nor on the basis of economic hardship. 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 existing nonconformities in the zoning district or adjoining zoning districts.

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

Ventilation. The process of supplying and removing air by natural or mechanical means to or from any space.

Vibration (division IX, chapter D). The following terms are defined for the purpose of the performance standard chapter:

Steady-state vibrations. Continuous earth-borne oscillations occurring more than 100 times per minute.

Impact vibrations. Earth-borne oscillations occurring in discrete pulses at or less than 100 times per minute.

Frequency. The number of oscillations per second of a vibration.

Three-component measuring device. A device for recording the intensity of any vibration in three mutually perpendicular directions.

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Water (division VII, chapter 2). See the definitions under "Environmental."

Watershed. The drainage basin in which a subdivision or other form of development drains or that land whose drainage is affected by such subdivision and/or development.

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Yards (division II, chapter 5). The following terms are defined for the purpose of the dimensional requirements chapter:

Court. A court is an uncovered open space enclosed on two or more sides by exterior walls of a building.

Yard. For purposes of the land development regulations, a yard is defined as the minimum 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, that fences, walls, poles, posts and other customary yard accessories, such as ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, front. A yard adjacent to a public or private street and extending across the entire front of the lot. Lots extending through blocks in such a way as to have frontage on two public or private streets shall provide front yards adjacent to each street.

Yard, side. A yard extending from the rear line of a required front yard to the rear or back property line, or in cases where more than one front yard is required, as on a through lot, to the rear line of the second front yard. For corner lots, those yards adjacent to streets remaining after front yards have been established shall be considered side yards, but shall be required to have the same distance as the required front yard, except in the case where a corner lot existed prior to September 3, 1991, such side yard shall be required to be only one-half the distance of the minimum required front yard.

Yard, rear. A yard extending between required side yards at the rear of the lot. In the case of lots having more than one front yard, remaining yards shall be considered side yards.

Yard, special. A yard behind any required yard adjacent to a public or private 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 administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the zoning 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.

Yard, water. A yard adjacent to a public body of water or an inlet or stream with a width of ten feet or greater and extending across the entire water side of the lot.

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(Ord. No. O-10-08, § 3(exh. A), 2-16-2010; Ord. No. O-12-02, § 3(exh. C), 10-17-11; Ord. No. O-14-05, § 1(Exh. A), 9-3-2014; Ord. No. O-20-05, 12-2-2019; Ord. No. O-25-07, § 1, 6-2-2025)