DEFINITIONS
This chapter establishes the definitions of selected terms used within the land development code (LDC) necessary for the intended and consistent application of its provisions to all land uses and development activities within Escambia County. The definitions correspond to those of related regulations where possible, but they are established only for the purposes of the LDC and are not necessarily the same as definitions established for the purposes of building codes, state licensing, or other regulations.
(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)
(a)
Generally. The definitions of terms established within the LDC are typically in general use for the practice of growth management, land use planning, zoning, engineering, environmental science, and related professional practices. Sources for these definitions include Florida Statutes, Florida Administrative Code, the Escambia County Comprehensive Plan, publications of the American Planning Association, and model ordinances.
Once defined in the LDC a term's use shall be consistent with that definition throughout the code. Terms not defined in the LDC, or not having acquired a meaning by other applicable regulatory definition or judicial construction, shall be understood according to their usual, ordinary, and customary meanings.
(b)
Amending definitions. The addition, modification, or deletion of definitions within the LDC shall be according to the text amendment process prescribed in chapter 2 and the following guidelines:
(1)
When to define. A term intended to be understood according to its usual, ordinary, and customary meaning needs no further definition within the LDC.
(2)
Where to define. A term used once or only in one section of the LDC should be defined in context where used, but if used in several sections or throughout the LDC it should be defined within this chapter.
(3)
Different meanings. The definition of a term should include all intended meanings and distinguish them as needed with such phrases as "for the purposes of .. ,"and "as used in this section ..."
(4)
No regulation. A definition should only explain the meaning of a term. Regulations regarding the term are established separately within the LDC.
(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)
As used within the LDC, the following terms have the meanings established here:
-A-
Accessory structure. A building or other structure that is subordinate in extent and purpose and customarily incidental to the principal structure on the same lot, and is typically detached from it.
Accessory dwelling unit. A dwelling unit that is an accessory structure to a single-family dwelling.
Accessory use. A use of land or structure that is subordinate in extent and purpose, and is customarily incidental to the principal use on the same lot. The term "accessory use" includes support services and functions for employees, customers, tenants and visitors customarily associated with the principal use.
Accident potential zones. Identify areas near airfield runways where aircraft accidents are most likely, if they do occur.
Act of God. An act caused by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled and uninfluenced by the power of man, without human intervention, and of a character that it could not have been prevented or escaped from by any amount of foresight or reasonable degree of care or diligence.
Addition. As applicable to building construction, any walled and roofed expansion of a building that increases the existing building height, length, width, floor area, or site coverage. If an expansion is connected to a building by a firewall, or is separated by independent perimeter load-bearing walls, it is considered new construction and not an addition.
Adult day care center. A state licensed facility, whether operated for profit or not, which provides basic services for part of a day to three or more persons who are 18 years of age or older, who are not related to the facility owner or operator, and who require such services. As used here, basic services include providing a protective setting that is as non-institutional as possible, therapeutic programs of social and health activities and services, leisure activities, self-care training, rest, nutritional services, and respite care.
Adult entertainment establishment. An adult theater, adult bookstore, adult performance establishment, or other adult use or activity as defined in the adult entertainment code of chapter 18, businesses, part I, Escambia County Code of Ordinances.
Adult family-care home. A state licensed, full-time, family-type living arrangement in a private home under which a person who owns or rents the home provides room, board, and personal care on a 24-hour basis for no more than five disabled adults or frail elders who are not relatives. An adult family-care home is a form of household living.
Affordable housing. Housing with monthly rents or monthly mortgage payments, including taxes, insurance, and utilities, that do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income established by the state for extremely-low-income, very-low-income, low-income, and moderate-income households as applicable.
Agent. A person authorized by contract or other valid authority to act for and under the direction of another person, the agent's principal, when dealing with third parties, and who can enter into binding agreements on the principal's behalf.
Agricultural-related activity. An activity in support of or accessory to agriculture.
Agricultural processing, major. Activities involving a variety of processing operations on crops after harvest, or on livestock, which typically generate dust, noise, odors, pollutants, or visual impacts that can adversely affect adjacent properties. Such activities include feedlots, slaughterhouses, rendering plants, large-scale mills, refineries, canneries, and milk processing plants.
Agricultural processing, minor. Activities involving a variety of processing operations on crops after harvest to prepare them for market, or for further processing or packaging out of the agricultural area, and which cannot be characterized as major agricultural processing. Such activities include cleaning, sorting, drying, roasting, hulling, shelling, baling, custom milling, cotton ginning, packing and storing.
Agriculture or agricultural use. The active production of plants, animals or their products through cultivation of soil, growing and harvesting of crops, or raising of livestock. Agricultural crops include grains, legumes, oil seeds, roots and tubers, fibers, fruits, nuts, vegetables and forages. Agricultural livestock includes dairy and beef cattle, sheep, goats, pigs, poultry and horses. The terms "agriculture" or "agricultural use" also include bees and apiary products, plant nursery and greenhouse products, the breeding of animals, the storage of harvested products, and land devoted to soil conservation. However, the terms do not include agricultural processing or packaging, waste composting, silviculture or timber harvesting, aquiculture, or farm worker housing.
Airfield. Any area of land or water that is designed and set aside for the landing and taking off of military aircraft.
Airport. Any land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose.
Airport or airfield hazard. An obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation.
Airport hazard area. Any area of land or water upon which an airport hazard might be established.
Airport land use compatibility zoning. Airport zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of airports.
Airport master plan. A comprehensive plan of an airport which typically describes current and future plans for airport development designed to support existing and future aviation demand.
Airport obstruction. Any existing or proposed object, terrain, or structure construction or alteration that exceed the federal obstruction standards contained in 14 C.F.R. part 77, subpart C, as may be amended. The term includes: Any object of nature growth or terrain; permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or alteration of any permanent or temporary existing structure's height, including appurtenances, lateral dimensions, and equipment or materials used in the structure.
Airport protection zoning regulations. Airport zoning regulations governing airport hazards.
Alcoholic beverage. Any liquor, beer, wine, or other distilled spirits or beverages containing one-half of one percent or more alcohol by volume.
Alley. A public or private right-of-way that affords a secondary means of access to the back or the side of a lot otherwise abutting a street, and not intended or used for general traffic circulation.
All-weather surface. A hard driving surface (e.g., asphalt, concrete, compacted gravel or shell) designed and constructed to ensure adequate runoff of stormwater under normal rainfall conditions and capable of withstanding normal weather conditions during ordinary use without substantial deterioration.
Alteration. For the purpose of regulating structures, any change or modification that would result in a change in height or lateral dimensions of an existing structure, including cosmetic improvements, repairs, remodeling, and structural support changes.
Amusement, commercial. Any facility that is maintained or operated for the provision of amusement, entertainment or recreation to the general public for a fee. Indoor amusements include pinball machines, video games, and other games of skill or scoring such as billiards. Outdoor amusements include miniature golf, automobile race tracks, waterslides and amusement rides.
Amusement arcade. A business establishment open to the public and offering games, rides, shows, or similar facilities and devices, typically operated by coin or token, for entertainment or amusement purposes only. Such facilities and devices do not include bingo games, gambling devices, or any devices prohibited by law.
Animal grooming service. A business providing bathing, clipping, combing or similar grooming services to enhance the appearance or health of domestic animals, but not including any overnight boarding of animals.
Animal shelter. A facility used to house or board stray, homeless, abandoned or unwanted animals and that is operated by a public agency or a recognized nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
Applicant. Any person, including the person's agent, who submits an application to the county requesting development approval or other consideration according to any of the compliance review processes prescribed by the LDC.
Aquaculture. The growing and harvesting of freshwater and saltwater populations of aquatic organisms such as fish, crustaceans, mollusks, and aquatic plants under controlled conditions.
Aquifer. A groundwater bearing geologic formation that contains enough saturated permeable material to yield significant quantities of water.
Arcade amusement center. A place of business operating as an arcade amusement center in compliance with Florida Statutes and any county ordinances that define or regulate such businesses.
Assisted living facility. Any state licensed private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which provides housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator. As used here, personal services means direct physical assistance with or supervision of the activities of daily living, the self-administration of medication and other services which the state may define, but not the provision of medical, nursing, dental, or mental health services. An assisted living facility may be either household living or group living, according to the type of facility and form of residential occupancy and may also be known as personal care or residential care.
Automobile rental. The renting or leasing of passenger cars, vans, or light trucks (gross vehicle weight rating no more than 8,500 pounds), without drivers, for purposes of routine conveyance of passengers, generally for short periods of time. Rental facilities may include incidental storage or parking, and washing and servicing of vehicles for rent or lease.
Automobile sales. The use of any building or land for the display and sale of new or used passenger cars, vans, or light trucks (gross vehicle weight rating no more than 8,500 pounds). Sales facilities may include vehicle preparation, repair work, rental, or leasing conducted as an accessory use.
Avigation easement. An easement that gives a clear property right to maintain aircraft flight operations in the airspace above the property.
Awning. A roof-like structure that projects from the wall of a building, cantilevered or otherwise entirely supported from the building, and composed of a lightweight rigid or retractable skeleton over which a cover is attached, typically to protect a doorway or window from the elements.
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Bar. An establishment or part of an establishment whose primary activity is the sale or dispensing of alcoholic beverages by the drink to be consumed on the premises, but where food or packaged liquors may also be sold or served. Bars may include on-premises production of alcoholic beverages and their distribution for off-site sales. The term "bar" includes tavern, cocktail lounge, nightclub, and bottle club.
Base flood. A flood having a one-percent chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the 100-year flood, the one-percent annual chance flood, or the regulatory flood.
Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM).
Batch plant. An industrial facility which produces or processes asphalt or concrete, or asphalt or concrete products, for use in construction. Batch plants include facilities and areas for the stockpiling of bulk materials used in production, or of finished products, but not the retail sale of those products.
Beach. The area of unconsolidated geologic material that extends landward from the mean low waterline to the place where there is a marked change in physiographic form or material, or to the line of permanent vegetation, or to the waterward toe of the primary dune, whichever is most waterward when not coterminous. The term "beach" is limited to gulf, bay, sound, and estuarine shorelines.
Bed and breakfast inn. A family home structure with no more than 15 sleeping rooms which has been modified to serve as a transient public lodging establishment, which provides accommodations and only morning meal service to overnight guests, which is typically the residence of the owner, and which is recognized as a bed and breakfast inn by the hospitality industry.
Bingo facility. A facility where participants engage in lawful games of bingo in compliance with Florida Statutes and any county ordinances that define or regulate such games and facilities.
Board of adjustment (BOA). The administrative board appointed by the board of county commissioners to conduct quasi-judicial public hearings for LDC compliance review of applications asserting special conditions or circumstances as prescribed in the LDC; to make findings based on the evidence presented at those hearings; and to approve, approve with conditions, or deny the applications.
Board of county commissioners (BCC). The legislative body of the unincorporated area of Escambia County, Florida.
Boarding house or rooming house. A public lodging establishment which provides rooms to guests by prearrangement for definite periods, but not open to overnight guests and not considered any other type of public lodging defined by the LDC. A boarding house provides meals and rooms, as distinguished from a rooming house that provides only rooms.
Boardwalk. An elevated pedestrian walkway typically constructed over or along a waterfront, beach, or environmentally sensitive land, but not extending past the mean high water line.
Bond. Any form of security, such as a cash deposit, surety bond, or instrument of credit, in an amount and form satisfactory to the board of county commissioners.
Borrow pit. A site or parcel of property where soils, clays, gravel or other natural deposits on or in the earth are removed, or have been removed, for use by the property owner or another entity, typically with no processing except for screening to remove debris. A borrow pit may also be referred to as a mining site or a mineral or resource excavation or extraction site.
Brewpub. A restaurant that brews beer primarily for sale and consumption on-site at the restaurant as a secondary use. A brewpub may also sell beer "to go" or sell to a distributor or off-site accounts for off-site sales.
Bridge. A structure, including supports, erected over a depression or an obstruction such as water or a highway or railway; having a track or roadway for carrying traffic or other moving loads; and having an opening, measured along the center of the roadway, of more than 20 feet between under copings of abutments, spring lines of arches, or extreme ends of openings of multiple boxes or pipes (culverts) where the clear distance between contiguous openings is less than half of the interior width or diameter of the smallest of such contiguous openings.
Broadcast station. A facility for over-the-air, cable, or satellite transmission of radio or television programs to the public and which may include studios, offices, and related broadcast equipment.
Buffer. A designated area with natural or manmade features functioning to minimize or eliminate adverse impacts on adjoining land uses, including environmentally sensitive lands.
Buildable area. The portion of a lot, exclusive of required yards, setbacks, buffers, open space, or other regulatory limits, within which a structure may be placed.
Building. Any structure having a roof supported by columns or walls.
Building coverage. The total horizontal area measured within the outside of the exterior walls or columns of the ground floor of all principal and accessory buildings.
Building line. The innermost edge of any required yard or setback.
Building official. The representative of the county appointed by the board of county commissioners to administer applicable building codes.
Building permit. A document issued by the building official authorizing the erection, construction, reconstruction, restoration, alteration, repair, conversion, or maintenance of any building or other structure in compliance with applicable building codes.
Bulk storage. Large capacity storage, as in warehouses, silos, and tanks, for massed quantities typically not divided into parts or packaged in separate units.
Bus leasing/rental facility. A facility for the transient parking, storing, repairs, servicing, leasing, and/or rental of passenger buses or motor coaches.
Business. Any commercial endeavor engaged in the production, purchase, sale, lease, or exchange of goods, wares, or merchandise or the provisions of services.
Business day. Any calendar day, not including Saturdays, Sundays, or legal holidays observed by the county, on which the offices of Escambia County are open for regular business. A business day may also be referred to as a work day or working day.
-C-
Caliper. A standard measure of tree trunk diameter in inches applicable only to newly planted trees and nursery stock. Trunk caliper is measured six inches above the ground on trees four inches in diameter and smaller, and 12 inches from the ground for larger trees. See "Diameter at breast height (DBH)" for the appropriate measure of established trees.
Campground. A place where one or more tents, cabins, or other structures, recreational vehicles, or any other accommodations are established, operated, used, or offered as temporary living quarters or sites for resident members of the public for more than 14 days in any calendar year. See also "Recreational vehicle park."
Canopy. A fixed roof-like structure typically constructed to provide protection from the elements, but not retractable like an awning, and which may be cantilevered from a building, partially self-supporting, or completely freestanding. A tree canopy is the structure of branches and leaves that spread out at the top of a tree to form a cover that intercepts sunlight and rainfall.
Capital improvement. Physical assets constructed or purchased to provide, improve, or replace a public facility and which are typically large scale and high in cost. The costs are generally nonrecurring and may require multiyear financing. Physical assets that have been identified within the comprehensive plan as existing or projected needs shall be considered capital improvements.
Capital improvement program or plan. A proposed schedule of future capital improvement projects listed in order of construction priority, together with cost estimates and anticipated means of financing for each project where appropriate, promulgated by local, regional, state, or federal agencies with operational or maintenance responsibilities within Escambia County.
Cardroom. A facility where authorized games are played for money or anything of value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such facility. Authorized games and cardrooms do not constitute casino gaming operations.
Caretaker residence. A dwelling unit located on the premises of and accessory to a nonresidential principal use, and occupied as a residence by a caretaker or security guard employed on the premises. The residence may be within a building housing the non-residential use or separate from it.
Carnival-type amusement. One or more devices or elements which carry, convey, or direct passengers along, around, over, or through a fixed or restricted course or in a defined area for the primary purpose of giving the passengers amusement or entertainment. The term "carnival-type amusement" includes carousels, bumper cars, go-carts, roller coasters, and Ferris wheels; and water slides and inflatable attractions exceeding 15 feet in height. The term does not include unpowered playground equipment.
Carport. An accessory structure providing limited protection from the elements for motor vehicles, boats, recreational vehicles, etc. The structure can be either freestanding or attached to the principal structure as allowed by applicable building codes.
Cemetery. A place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains. A cemetery may contain earth interment; mausoleum, vault, or crypt interment; a columbarium, scattering garden, or other structure or place used or intended to be used for the interment or disposition of cremated remains; or any combination of such structures or places. The term "cemetery" includes incidental management and maintenance facilities, but does not include funeral establishments or cinerators.
Cemetery, family. A private, nonprofit cemetery owned for the benefit of and devoted to the interment of members of a family, or relatives bound by family or similar personal ties, to the exclusion of the public.
Certificate of concurrency. A formal certification by the county that a development plan complies with all level of service standards for the provision of adequate public facilities concurrent with the proposed demands on those facilities.
Certification. A written statement by an agency or individual which provides reasonable assurance of the existence of some fact or circumstance, but is not a warranty or guarantee of performance, expressed or implied.
Certification, as-built. Certification that post-construction conditions as of the date of certification conform to the approved plans, and that the "as-built" documents convey all revisions and represent the actual construction site conditions.
Change of use. Any use of a structure or land that substantially differs from the previous use, regardless of any change of ownership or tenancy.
Child care facility. Any state licensed child care center or child care arrangement which provides child care for more than five children unrelated to the facility operator and which receives a payment, fee, or grant for any of the children receiving care, whether operated for profit or not. As used here, child care means the care, protection, and supervision of a child for a period of less than 24 hours a day on a regular basis which supplements parental care, enrichment, and health supervision for the child.
Child care facilities do not include summer camps, Bible schools conducted during vacation periods, and transient public lodging establishments providing child care services solely for their guests, and generally do not include public or nonpublic schools or their integral programs.
Cinerator. A facility where human remains are subjected to cremation. As used here, cremation means any mechanical or thermal process whereby such remains are reduced to ashes and bone fragments. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity.
Club, civic or fraternal. A facility owned or operated by a group for social, cultural, religious, educational, or recreational purposes, and to which membership is required for participation, but not primarily operated for profit or to provide a service customarily provided by a business.
Clustering. The grouping of dwellings within a development, primarily to reduce its adverse impacts on the land and preserve additional open space.
Coastal construction control line (CCCL). The line established by the State of Florida according to Florida Statutes, and recorded in the official records of Escambia County, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.
Coastal high-hazard area (CHHA). The area below the elevation of the category 1 storm surge line as established by a sea, lake, and overland surges from hurricanes (SLOSH) computerized storm surge model.
Columbarium. A building or other structure that is substantially exposed above the ground and intended to be used for the inurnment of cremated remains.
Commercial use. Any non-residential use or activity that is typically carried out for the purpose of monetary gain, including any business use or activity at a scale greater than a home occupation. As a land use category, the term "commercial use" refers to land dedicated to non-industrial business uses, including retail sales, office, service, and entertainment facilities.
Common ownership. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association.
Community residential home. A dwelling unit licensed by the state to serve elderly, disabled, juvenile or other state approved clients and which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. A community residential home is a form of household living.
Community service facility. A public or nonprofit facility generally open to the public for assembly and participation in community activities. Community service facilities include auditoriums, libraries, museums, senior centers, union halls and neighborhood centers, but do not include places of worship, for-profit clubs, sports complexes, parks, or offices other than those on-site for administration of the facility.
Compatible. A condition in which land uses, activities or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use, activity, or condition is unduly negatively impacted directly or indirectly by another use, activity, or condition.
Comprehensive plan. The comprehensive plan of Escambia County (part II, Escambia County Code of Ordinances) prepared by the local planning agency and adopted by the board of county commissioners according to Florida Statutes, and any subsequent amendments to that plan.
Concurrency. The condition or circumstance that, at the time new demands are placed on public facilities, facility capacities will meet or exceed the adopted level of service (LOS) standards.
Conditional use. A use that, because of its special requirements or characteristics, may be allowed in a particular zoning district on a specific site only after the board of adjustment confirms compliance with all conditions prescribed by the LDC as necessary to ensure compatibility with surrounding existing or permitted uses.
Condominium. A form of ownership of real property, created according to Florida Statutes, which is comprised entirely of units that may be owned by one or more persons, and in which there are jointly owned and shared areas and facilities.
Condo-hotel or condotel. A hotel or motel under a condominium form of ownership, containing only individual lodging units permanently and wholly dedicated to full-time public rental for transient occupancy, and permanently dedicated in its entirety, including all common elements, to the complete control, management, and operation of a single person or corporation. Such management may, however, permit the owner of an individual unit to occupy the unit without rental charge for limited periods within a calendar year.
Conforming use. Any use of land or structures that complies with all applicable regulations of the LDC and the comprehensive plan.
Construction. The act of building, filling, excavation, or substantial improvement in the size of any structure or the appearance of any land. When appropriate to the context, the term "construction" refers to the act of construction or the result of construction and may include vertical or horizontal improvements to land or structures.
Construction and demolition debris. Discarded materials regulated by the state as construction and demolition debris, generally considered to be nonhazardous and not water-soluble in nature, including steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a structure; and rocks, soils, trees, and other vegetative matter that normally results from land clearing or land development operations. The term "construction and demolition debris" does not apply to any mixture of construction and demolition debris with other types of solid waste.
Convenience store. A small-scale retail establishment, typically with extended hours of operation, that sells a limited line of groceries, household items, and other convenience goods, and which may also sell automotive fuels.
Corner lots. A lot which abuts two or more streets at their point of intersection. There shall be a front yard on one street side of a corner lot; provided, however, that the buildable width of such lot shall not be reduced to less than 30 feet; provided further that no accessory building on a corner lot shall project beyond the setback on any street.
Correctional facility. A public or privately operated facility for the detention or confinement of persons arrested or convicted for the violation of civil or criminal law. Correctional facilities include adult and juvenile detention centers, jails, and prisons.
Country club. A facility primarily for social and outdoor recreation purposes, usually restricted to members and their guests, and which typically includes a clubhouse, dining facilities, pro shop, locker rooms, and recreational facilities such as a golf course, swimming pool, and tennis courts.
County. Escambia County, Florida, excluding those areas within the county that are incorporated as the City of Pensacola or Town of Century, unless the context clearly indicates otherwise.
County attorney. An attorney licensed to practice law in the State of Florida and appointed by the board of county commissioners to serve as the attorney for Escambia County.
Cul-de-sac. A local street with one end open to traffic and the other end terminated by a vehicular turnaround. For the purposes of determining required minimum lot width, the term "cul-de-sac" refers only to the vehicular turnaround at the closed end of the street.
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Day care. The provision of care, protection, and supervision for children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than 18 hours each day, although the day care facility may be open 24 hours each day. See "Adult day care center" and "Child care facility."
dBA. The unit of filtered or corrected noise level measured in accordance with the a weighted scale to more closely replicate the sound frequency response of the human ear and measuring approximately the relative "noisiness" or "annoyance" of common sounds.
Decibel (dB). A standard unit for measuring the relative loudness of sound, or sound pressure, and approximately equal to the smallest degree of difference of that loudness or pressure ordinarily detectable by the human ear.
De minimis. A level of risk that is too small to be concerned with, or a difference that is too small to matter or be taken into consideration. For the purposes of services provided by public facilities having established level of service (LOS) standards, the term "de minimis" refers to a negligible or insignificant demand by a use on a level of service that generally allows the use to be considered concurrent for that facility.
Density. An objective measure of development used to quantify population per unit of land, such as people, dwelling units, or lodging units per acre. The term "density" refers to units per gross acre unless other measures or units are clearly indicated.
Developer. An applicant, builder, contractor, landowner, subdivider, or other person who undertakes development activities regulated by the LDC.
Development. 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 (subdivision). The term "development" does not involve the use of land for bona fide agricultural or silvicultural purposes, including growing crops, trees, and other agricultural or forestry products, or raising livestock. Other specific activities or uses involving or excluded from development are defined in Florida Statutes (ch. 380).
Development agreement. An agreement between a developer and the county for development approval or any other purpose according to Florida Statutes, the comprehensive plan, and the LDC, and in a form approved by the county.
Development approval. Written authorization from the county permitting development subsequent to a demonstration of compliance with the provisions of the LDC and the comprehensive plan by the applicant for development approval.
Development, multifamily. Development in which any combination of single-family, two-family, or multifamily dwellings provide three or more dwelling units on a single lot.
Development, single-family. Development in which only one single-family dwelling is allowed per lot, attached or detached, except where an accessory dwelling unit is allowed with the principal single-family dwelling.
Development, two-family. Development in which only two single-family dwellings or one two-family dwelling is allowed per lot.
Development order. Any order granting, denying, or granting with conditions an application for a building permit, site development, subdivision, rezoning, certification, variance, conditional use, or any other official action of the county having the effect of permitting the development of land.
Development parcel. A lot of record, or a conforming lot verified according to the lot conformance verification process of the LDC, or a lot created in compliance with the family conveyance provisions of the LDC, or any number of such lots, contiguous and in single ownership or under unified control for the purposes of development.
Diameter at breast height (DBH). A standard measure of tree trunk diameter in inches applicable to established trees and measured four and one-half feet above the surface of the ground at the base of the tree. For trees that lean, grow on slopes, fork at or below DBH height, are multi-trunked, or present other difficulties in measurement, DBH shall be determined according to International Society of Arboriculture (ISA) standards. See "Caliper" for the appropriate measure of newly planted and nursery stock trees.
Direct disposition. The cremation of human remains without preparation of the remains by embalming and without any attendant services or rites such as funeral or graveside services or the making of arrangements for such final disposition.
Dispensing organization. An organization approved by the state to cultivate, process, transport and dispense medical cannabis.
Disposal facility. A site where solid waste or debris is disposed of, whether by sanitary landfilling, incineration, treatment, recovery, or recycling, and as further defined by waste type in chapter 82, solid waste, part I, Escambia County Code of Ordinances.
Dock. A fixed or floating structure waterward of the mean high water line and used for water access or securing vessels. A dock may also be referred to as a wharf or pier and include moorings and boatlifts.
Dormitory. A residential building, but not a dwelling, used as group living quarters, typically with shared kitchen and bathroom facilities, for a student body or religious order and accessory to a college, university, boarding school, convent, monastery, or similar institutional use.
Drive-in or drive-through service. A form of customer service that by design, physical facilities, or operations of the providing establishment encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles. Such service may be in conjunction with or exclusive of any other form of service.
Drugstore. A retail establishment that primarily sells prescription and nonprescription drugs, medicines, and medical devices and supplies, but which may also sell nonmedical products such as cards, candy, and cosmetics.
Dry cleaner. A facility primarily for cleaning fabrics, textiles, wearing apparel, or other articles by immersion or agitation in volatile organic solvents.
Dune. A mound or ridge of loose sediments such as quartz sand, deposited by natural or artificial mechanisms on Santa Rosa Island or Perdido Key, and typically vegetated. The term "dune" does not include temporary stockpiles of materials.
Dune, primary. The first natural or manmade dune located landward of the beach with sufficient vegetation, height, continuity, and configuration to offer protective value. The landward extent occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
Duplex. A two-family dwelling.
Dwelling. A building that contains one or more dwelling units and may be characterized as one of the following:
Detached dwelling. A dwelling that does not have any roof, wall, or floor in common with, or is attached by any other means to, another dwelling.
Multifamily dwelling. A building that contains three or more dwelling units in any arrangement, including triplex and quadruplex building forms and apartment and condominium forms of tenancy and ownership.
Single-family dwelling. A building that exclusively contains one dwelling unit, in either detached or attached building form.
Single-family attached dwelling. A single-family dwelling that is attached to one or more other single-family dwellings by common vertical walls without openings, with property lines separating each unit, and with each unit extending from foundation to roof, having its own direct access to the outside, and having yards on at least two sides.
Single-family detached dwelling. A single-family dwelling that is not attached to any other dwelling by any means and is surrounded by open space or yards.
Two-family dwelling (duplex). A building that exclusively contains two dwelling units in any arrangement.
Dwelling unit. One or more rooms used as a single unit within a building to provide complete independent living facilities for the exclusive use of a single household, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
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Easement. A limited right to use the land of another for a specific purpose, typically granted to the benefit of adjoining landowners for public or private access, utilities, drainage, or similar use over an area of land whose title remains in the name of the landowner, subject to the designated right of use.
Educational facility. A public or private institution that provides academic instruction, from basic education to specialized study and training. Educational facilities include preschools and kindergartens, primary and secondary schools, colleges and universities, and trade and vocational schools.
Elevation. A vertical distance above or below mean sea level (MSL) or other fixed reference level. For the purposes of building form, an elevation is a view of a building seen from one side, typically represented through a scaled drawing of the front, rear, or side façade and used to describe the external appearance of the building, including such features as windows, doors, and relationship of floor level to grade.
Emergency service. A service for the emergency protection of public health, safety, or general welfare, and the restoration of safe conditions, including law enforcement, firefighting, medical assistance and transport, search and rescue, and hazardous material cleanup.
Emerald Coast Utilities Authority (ECUA). The independent special district created in the Laws of Florida for the purpose of operating and maintaining utilities within Escambia County and adjacent areas.
Encroachment. Any obstruction or intrusion beyond the plane of a property line, setback, right-of-way, height limit or other vertical or horizontal regulatory limit.
Entertainment. Leisure time activity, indoor or outdoor, that is predominantly spectator oriented and typically provided on a regular schedule, such as the forms of activity provided by theatres, concert halls, nightclubs, sports stadiums, vehicle race tracks, and amusement parks.
Environmentally sensitive lands. Those areas of land or water determined by the board of county commissioners to be necessary to conserve or protect natural habitats and ecological systems. Those areas are specifically enumerated within the natural resources provisions of chapter 4.
Erosion. The process by which rainfall, wind and water dislodges soil particles.
Escrow. A surety posted with the county or an escrow agent to secure the promise to perform required improvements.
Estuarine system. A semi-enclosed coastal body of water in which saltwater is naturally diluted by freshwater, including bays, mouths of rivers, salt marshes, lagoons, and sounds.
Exotic animal. Any member of a species of animal, reptile or bird, warm or cold blooded, that is not indigenous to the county or is not classified or considered as wildlife or a farm animal, including camels, emus, llamas, ostriches, and mink.
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Family day care home. A state licensed occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether operated for profit or not. See "Child care facility."
Family foster home. A state licensed private residence in which children who are unattended by a parent or legal guardian are provided 24-hour care. Family foster homes include emergency shelter family homes and specialized foster homes for children with special needs.
Farm animal. An animal that customarily is raised or kept in an agricultural rather than an urban environment and has the potential for causing a nuisance if not properly maintained, including poultry, dairy and beef cattle, bison, goats, horses, sheep, and swine.
Farm equipment and supply store. A establishment selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.
Fence. A structural barrier constructed as a boundary for separation, confinement, protection, screening, access control, or similar purposes.
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 runoff of surface waters from any source.
Floor area ratio (FAR). An objective measure of the intensity of land use, calculated by dividing the total gross floor area of all structures on a lot by the gross lot area.
Florida Building Code. The family of codes adopted by the Florida Building Commission, applicable to all construction in Escambia County, and including the building, residential, existing building, energy conservation, fuel gas, mechanical, plumbing, test protocols, and accessibility codes.
Footprint. The building area defined as the maximum combined area occupied by all principal and accessory buildings, including elevated above grade parking facilities, taken on a horizontal plane at the mean grade level, plus the outermost projections of any story or floor, but not including uncovered entrance platforms, terraces, steps or uncovered ground level parking lots.
Fraternity or sorority house. A residential building, but not a dwelling, used as the group living quarters of an officially recognized college, university or seminary fraternity or sorority and containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for members of the fraternity or sorority, and their guests or visitors.
Freestanding sign. Any sign that stands on its own, not attached to a building or a fence, including pole signs, monument signs, and portable signs.
Funeral establishment. A state licensed facility where a funeral director or embalmer practices funeral directing or embalming. The facility may include a chapel for the conduct of funeral services and space for the display of caskets, urns, and related funeral supplies, but the term "funeral establishment" does not include cinerators or places for the permanent interment of human remains or cremated remains.
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Garage. A structure or part of a structure used or designed to be used for the parking and storage of vehicles, and limited to noncommercial use if a private garage.
Golf course. A facility providing a course with at least nine holes improved with tees, greens, fairways, and hazards for playing a game of golf. A golf course may include a club house, driving range, pro shop, restaurant, lounge, shelters, and similar customary and accessory uses to the play of golf.
Grade. The level, contour, or slope of the finished or natural surface of the ground.
Grading. The act of changing the grade of land.
Greenbelt. An open area that may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area.
Grocery or food store. A retail establishment selling a variety of prepackaged food products, staple foodstuffs, household supplies, and fresh food items such as meat, produce, and dairy products.
Gross floor area (GFA). The sum of all horizontal areas of all enclosed floors of a building measured from the exterior face of exterior walls, or from the centerline of a common wall separating two buildings, including basement and attic floors, mezzanines, hallways, closets, stairwells, space devoted to mechanical equipment, and enclosed porches. Gross floor area excludes interior parking spaces and any space with a floor-to-ceiling height less than six feet.
Groundwater. Water that fills all the unblocked voids of material below the ground surface to an upper limit of saturation, or water which is held in the unsaturated zone by capillarity.
Group home. A state licensed residential facility which provides a family living environment for at least four, but not more than 15 residents, including supervision and personal care necessary to meet the physical, emotional, and social needs of the residents.
Group living. Residential occupancy of a building other than a dwelling by a non-household group, with individual tenancy usually arranged on a monthly or longer basis.
Group living includes group occupancy of dormitories, fraternity or sorority houses, and facilities that provide special services, treatment, or supervision such as nursing homes, assisted living facilities, and residential substance abuse treatment and hospice facilities. Group living does not include any household living arrangement, any occupancy of a dwelling, or any public lodging.
Grubbing. The removal of vegetation by methods such as digging, raking, dragging or otherwise disturbing the roots of the understory vegetation.
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Habitable floor. A floor usable for living, working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor usable only for storage purposes is not a habitable floor.
Hardware store. A retail establishment primarily selling basic hardware lines, such as tools, fasteners, plumbing and electrical supplies, paint, housewares, household appliances, and garden supplies.
Hazardous material. A poison, corrosive agent, flammable substance, explosive, radioactive chemical, or any other material that can endanger human or animal health or well-being if handled improperly.
Hazardous waste. Solid waste, or a combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term "hazardous waste" does not include human remains that are disposed of by persons licensed under Florida Statutes.
Height. The overall vertical dimension of a structure or object as measured from the highest adjacent grade, unless an alternative reference surface or elevation is specifically prescribed by the LDC, such as base flood elevation plus freeboard, airport or airfield elevation, or mean high water to mean roof height or top of structure.
Height, mean roof. The average of the roof eave height and the height to the highest point on the roof surface, except that eave height shall be used for roof angle of less than or equal to ten degrees (0.18 rad).
Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls or foundation of a structure.
Historic/cultural resource. Any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value, and folk life resources. These properties or resources may include monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, treasure trove, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof, relating to the history, government, and culture of the state.
Historic building or structure. A building or other structure that is any of the following: Individually listed in the National Register of Historic Places maintained by the U.S. Department of the Interior.
1.
A contributing property in a National Register of Historic Places listed district.
2.
Designated as historic property under an official municipal, county, special district, or state designation, law, ordinance or resolution either individually or as a contributing property in a district.
3.
Determined eligible by the Florida State Historic Preservation Officer for listing in the National Register of Historic places, either individually or as a contributing property in a district.
Home-based business. An activity carried out for the purpose of monetary gain by one or more residents of a single-family dwelling and conducted as an accessory use within the dwelling or its accessory structures at a greater scale or intensity than a home occupation according to the requirements of the LDC for such uses.
Homeless shelter. A nonresidential facility providing temporary housing and assistance on a nonprofit basis to indigent, needy, homeless, or transient persons. Assistance provided may include food, counseling, vocational training, and religious instruction.
Home occupation. An activity carried out for the purpose of monetary gain by one or more residents of a dwelling unit and conducted as an accessory use within the dwelling unit or its accessory structures according to the requirements of the LDC for such uses.
Hospice facility. A state licensed facility operated by a hospice to provide a continuum of palliative and supportive care for terminally ill patients. Hospice facilities do not include long-term care facilities, hospitals or other facilities licensed under other state statutes.
Hospital. An establishment that offers services more intensive than those required for room, board, personal services, and general nursing care; offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy; and regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for medical treatment as required by the state. The term "hospital" excludes medical clinics that only provide diagnostic and outpatient care.
Hotel. A public lodging establishment which contains sleeping room accommodations for 25 or more guests, has an interior lobby with specified hours of operation, offers daily or weekly rates, provides primary access to units from the building interior, provides customary lodging services such as daily room cleaning and linen changes, and is recognized by the hospitality industry as a hotel. Full service hotels may provide meeting rooms, restaurants and lounges, entertainment, personal services, swimming pools, retail shops, and other facilities and services incidental and subordinate to the principal public lodging use. Resort hotels catering to the tourist and vacation industry often provide a wider variety of recreational amenities. Extended stay hotels catering to guests who need lodging for at least five nights offer more apartment-like accommodations and amenities.
Household. One or more individuals occupying a dwelling unit as a single housekeeping unit, with common access to and use of all areas for living, sleeping, eating, cooking and sanitation within the unit. A household does not include any society, club, fraternity, sorority, team, or similar association of individuals; or individuals in a group living arrangement; or any occupancy other than of a dwelling unit.
Household living. Residential occupancy of a dwelling unit by a household on a monthly or longer basis. Household living includes household occupancy of all forms of dwellings and households that provide special services, treatment, or supervision such as community residential homes, family foster homes, and adult family-care homes. Household living does not include any group living arrangement, any occupancy other than of a dwelling unit, or any public lodging.
Hunting club. An area of land reserved for public or private hunting of wildlife and accessory structures in support of those activities.
Hunting preserve. An area of land where captive-raised native and non-native game animals are released and hunted as authorized by state regulations.
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Impervious surface. Any surface that does not allow or only minimally allows the infiltration of water. Such highly impermeable surfaces include structure roofs, regular concrete and asphaltic pavements, and other surfaces for which runoff coefficients no less than 0.90 are typically used for stormwater management calculations.
Impervious surface ratio. An objective measure of the intensity of land use determined by dividing the total area of all impervious surfaces covering a lot by the total area of the lot.
Improvement. Any manmade permanent item, fixture, or facility that becomes part of, is placed upon, or is affixed to real property, including structures, street and alley pavements, curbs and gutters, walkway pavements, water supply mains, sanitary sewers, storm sewers or drains, permanent signs, landscaping, and permanent reference monuments and control points.
Industrial-related activity. An activity in support of or accessory to industry.
Industry or industrial use. A use in which the primary activity is the manufacture of materials or products, including their fabrication, assembly, rebuilding, treatment, processing, finishing, extraction, reduction, and bulk storage. Industry or industrial use may be further characterized as either of the following:
Heavy industry. An industry primarily engaged in the basic processing of materials or products predominantly from extracted or raw materials, or an industry otherwise having significant external effects or risks due to its scale of operations, processes or materials involved, or outdoor activity or storage required. Heavy industry includes salvage yards, solid waste transfer facilities, materials recovery facilities, recovered materials processing facilities, recycling facilities, resource recovery facilities, volume reduction plants, landfills, concrete and asphalt batch plants, mineral extraction, paper mills, power plants, chemical plants, refineries, slaughter houses, rendering plants, etc.
Light industry. An industry primarily engaged in the indoor fabrication, compounding, processing, assembly, or treatment of finished or semi-finished products from previously prepared materials or components in a manner which is unlikely to cause undesirable effects outside of the building enclosing the industrial activity. Light industry includes research and development activities, printing and binding, warehousing, and the manufacture of electrical appliances and electronic equipment, apparel, food products, beverages, tools and hardware, furniture, pharmaceuticals, etc.
Infill development. The development of new housing or other land uses on vacant or underutilized land in existing developed areas, focusing on the reuse and renovation of obsolete or underutilized buildings and sites.
Infrastructure. Facilities and services needed to sustain land use activities, including streets, potable water service, wastewater service, solid waste facilities, stormwater management facilities, power grids, telecommunication facilities, and public schools.
Intensity. An objective measurement of the extent to which land may be developed or used, including the consumption or use of space above, on, or below the ground; the use of or demand on natural resources; and the use of or demand on facilities or services.
Invasive species. A non-indigenous or exotic species that is not native to the ecosystem under consideration and that has the ability to establish self-sustaining, expanding, free-living populations that may cause economic and/or environmental harm, or harm to human health.
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Junkyard. See "salvage yard."
Kennel. A facility in which domestic animals not owned by the owner or occupant of the facility are housed, boarded, or trained for a fee or compensation, or where domestic animals are bred or raised for sale. A kennel may include grooming incidental and subordinate to the principal use, but not activities accessory to agricultural use.
Kindergarten. An educational facility that provides academic instruction to children in preparation for admittance to elementary school first grade, and as further defined by Florida Statutes.
Laboratory. A facility for scientific research, analysis, investigation, testing or experimentation, but not for the manufacture or sale of products.
Land clearing. The act of removal or destruction of trees, brush, and other vegetative cover on a site, but not including normal cultivation associated with agricultural operations, or mowing, pruning, or other routine landscaping or lawn maintenance activities.
Land clearing debris. Rocks, soils, and trees and other vegetative matter that normally results from land clearing or site development operations, but not including waste from landscape maintenance, right-of-way or easement maintenance, farming operations, nursery operations, or any other sources not directly related to the land clearing or site development.
Land Development Code (LDC). The land development code of Escambia County, Florida (part III, Escambia County Code of Ordinances) as the assembled land development regulations of the county prepared by the local planning agency and adopted by the board of county commissioners according to Florida Statutes.
Land disturbance. Any activity involving the clearing, cutting, excavating, filling, or grading of land, or any other activity that alters land topography or vegetative cover.
Landfill. A disposal facility that requires state permitting and engineered environmental protection systems for the placement of wastes. Landfills do not include land-spreading sites, surface impoundment, injection wells, or construction and demolition debris or land clearing debris disposal facilities with separate permitting requirements.
Landscape area. Pervious areas of preserved or installed living plants, including trees, shrubs, ground cover, and turf grass that may be supplemented with mulch, bark, decorative rock, timbers, stepping stones, and similar customary and incidental non-living materials, excluding any area of vehicular use.
Land use. The development that has occurred on the land, the development that is proposed for the land, or the use that is permitted or permissible on the land under the comprehensive plan and LDC, as the context may indicate.
Level of service. 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 and indicating a capacity per unit of demand for the facility.
Liner building. A relatively shallow building specifically designed to conceal the side of a parking lot, parking garage, big-box retail, or other structure or area along a public frontage and create spaces occupied by restaurants, shops, and other uses more engaging to passersby.
Lodging unit. One or more rooms used as a single unit of lodging space rented to the public in a public lodging establishment.
Long-term care facility. A nursing home facility, assisted living facility, adult family-care home, board and care facility, or any other similar residential adult care facility.
Lot. The least fractional part of subdivided lands having limited fixed boundaries and assigned a letter or number by which it may be identified. The term "lot" shall include the words "plot," "parcel," or "tract."
Lot, corner. A lot having frontage on two or more streets at their intersection.
Lot, frontage. Those sides of a lot abutting a street right-of-way.
Lot line. A property line bounding a lot and separating it from another lot, street right-of-way, or any other public or private land. A lot line shall be one of the following:
Front lot line. A lot line separating a lot from a street right-of-way other than an alley or, in the absence of a right-of-way, the lot line designated by the county as forming the front of the lot and from which the front setback of the lot is measured.
Rear lot line. A lot line generally opposite and most distant from the front lot line, and from which the rear setback of the lot is measured.
Side lot line. Any lot line that is not a front or rear lot line.
Lot of record. A lot that is part of a subdivision that has been recorded in the official records of Escambia County, or a lot or parcel described by metes and bounds, and the description of which has been so recorded or accepted on or before April 16, 2015. A lot of record does not include contiguous multiple lots under single ownership.
Lot, waterfront. A lot abutting a navigable water body that is under daily tidal influence. Along any part of the boundary, the lot may be separated from the water body by encroachments that include easements, rights-of-way, and public shoreline access, but the lot may not be separated from the water body by a dedicated road or by more than ten feet of land under different ownership.
Low-tetrahydrocannabinol or low-THC cannabis. A plant of the genus cannabis, the dried flower of which contain 0.8 percent or less tetrahydrocannabinol and more than ten percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization.
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Manufactured building. A closed structure, building assembly, or system of subassemblies which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured for installation or erection, with or without other specified components, as a finished building or as part of a finished building. Manufactured buildings include residential, commercial, institutional, storage or industrial structures constructed according to state standards, but do not include manufactured (mobile) homes.
Manufactured (mobile) home. A complete, factory-built, single-family dwelling constructed in conformance with federal Manufactured Housing Construction and Safety Standards (the HUD Code) and transportable in one or more sections on a permanent chassis for site installation with or without a permanent foundation. The term "mobile home" refers to any manufactured home built prior to June 15, 1976 when the HUD Code became effective. Manufactured homes do not include manufactured buildings, modular homes or recreational vehicles.
Manufactured (mobile) home park. A multifamily residential use of an individually owned parcel of land within which lots or spaces are offered for rent or lease for the placement of five or more manufactured (mobile) homes.
Manufactured (mobile) home subdivision. A residential subdivision of individually owned lots created according to the provisions of the LDC for the exclusive use of manufactured (mobile) homes.
Manufacturing. The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.
Marijuana. Marijuana shall mean cannabis as defined in F.S. § 893.02(3). The term shall include "low-THC cannabis" and "medical cannabis" as defined in F.S. § 381.986, as amended.
Marina. A facility for the mooring, berthing, storing, or securing of watercraft, and which may include other services such as sales of boat supplies and fuel, boat repair and rental, and other uses incidental to the primary use. A marina may be classified as one of the following:
Commercial marina. A public use marina which may include upland marina support facilities for the servicing or repairing of watercraft, but does not include the activities of industrial marinas.
Industrial marina. A marina which provides slips or moorings for major work on watercraft, such as construction or rebuilding of boats, installations of new bottoms, substantial structural additions, or alterations.
Private marina. A marina that is an amenity to a private residential development, such as a subdivision or multifamily dwelling, and not for public use.
Marquee. A permanent roofed structure attached to and supported by a building, and projecting into public right-of-way, typically above an entrance to provide protection from the elements.
Materials recovery facility (MRF). A solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
Mausoleum. A building or other structure that is substantially exposed above the ground and used for the entombment of human remains.
Mean high water (MHW). The average height of the high waters over a 19-year period; or for shorter periods of observation, the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19-year value.
Mean sea level (MSL). The average height of the surface of the Gulf of Ameriva for all stages of the tide, or the mean between high and low tides as established by the North American Vertical Datum (NAVD) of 1988.
Medical cannabis. All parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed from a dispensing organization for medical use by an eligible patient, as defined by Florida Statutes (2018), as amended.
Medical marijuana or medical cannabis dispensing facility. Means any building or structure where low-THC or medical cannabis is permitted to be dispensed at retail by an approved dispensing organization pursuant to Section 381.986, Florida Statutes (2018) as amended, and Florida Department of Health Rules.
Medical clinic or office. A facility, other than a hospital, providing medical diagnostic and treatment services to patients not requiring an overnight stay. Such clinics and offices commonly have laboratory facilities and include doctor's offices, diagnostic centers, treatment centers, rehabilitation centers, and establishments providing surgical and psychiatric services and emergency treatment.
Medical services. Professional services concerning human health maintenance and the diagnosis and treatment of disease, injury, pain, and other adverse health conditions. Medical services include the principal services provided by hospitals, clinics, doctor's offices, diagnostic facilities, medical laboratories, blood donation centers, and other human health care facilities.
Medical use. Means the administration of the ordered amount of medical cannabis, as defined by Florida Statutes (2018), as amended. Medical use does not include the: Possession, use, or administration of medical cannabis by smoking; or the transfer of medical cannabis to a person other than the qualified patient for whom it was ordered or the qualified patient's legal representative authorized to receive it on the qualified patient's behalf; or use or administration of medical cannabis on any form of public transportation, in any public place, in a qualified patient's place of employment, if restricted by his or her employer, in a correctional institution, on the grounds of any child care facility, preschool, or school, or in any vehicle, aircraft, or motorboat.
Metes and bounds. A system of describing and identifying land by distances or measures (metes) and bearings or direction (bounds) from an identifiable point of reference, such as a monument or other marker or the corner of intersecting roads.
Microbrewery, microdistillery, microwinery. A facility in which beer, wine or other alcoholic beverages are brewed, fermented, or distilled for distribution. Tasting rooms for the consumption of on-site produced beer, wine, or distilled products are permitted on the premises and must possess the appropriate license from the State of Florida.
Mineral extraction. Extraction of minerals from the earth, including rock, gravel, sand, clay, oil, and gas, and any overlying materials extracted for the purpose of reaching underlying minerals. The term includes all associated clearing, grading, construction, processing, transportation, and reclamation on the extraction property.
Mini-warehouse. See "Self-storage facility."
Mitigation. Methods used to alleviate, lessen, or compensate for adverse impacts.
Mixed-use development. The development of a tract of land or structure with a variety of complementary and integrated uses, including residential, office, retail, entertainment, recreation, and manufacturing, typically in a compact urban form.
Mobile home. See "Manufactured (mobile) home."
Mobile vending unit. A motorized or non-motorized vehicle or portable structure used to store, prepare, or serve food or beverages to the public, or to store, distribute, or sell merchandise, goods, or wares to the public.
Model home. A dwelling unit temporarily used for display purposes as an example of the homes available or to be available for sale in a specific subdivision or offered by a specific builder.
Modular home. A dwelling constructed on site in compliance with the Florida Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home may also be referred to as a manufactured residential building.
Motel. A public lodging establishment which offers at least six rental units and daily or weekly rates; has a central office on the property with specified hours of operation; provides each rental unit with a bathroom or connecting bathroom, an exit to the outside, and off-street parking; and is recognized as a motel by the hospitality industry. Motels may provide facilities and services incidental and subordinate to the principal public lodging use.
Motorsports facility. A closed-course speedway or racetrack designed and intended for motor vehicle competition, exhibitions of speed, or other forms of entertainment involving the use of motor vehicles, including motorcycles. For these purposes, a closed course is a prescribed and defined route of travel that is not available at any time for vehicular access by the general public and is closed to all motor vehicles other than those of participants.
Motor vehicle. Any self-propelled vehicle not operated upon rails or a guideway and designed primarily for the transportation of persons or property along public streets. Motor vehicles include automobiles, vans, motorcycles, buses, trucks, and recreational vehicles, but do not include bicycles, motorized scooters, mopeds, or farm and construction equipment.
Motor vehicle service and repair, major. General repair, rebuilding or reconditioning of motor vehicles, engines, or trailers, including body work, frame work, welding, and painting.
Motor vehicle service and repair, minor. The repair, servicing or replacement of any part of an automobile, van, light truck (gross vehicle weight rating no more than 8,500 pounds), motorcycle, recreational vehicle or other consumer vehicle that does not require the removal of the engine, engine head or pan, transmission, or differential, and does not include painting and body work. Minor services and repairs include cooling, electrical, fuel and exhaust systems; suspensions, brakes, wheels and tires; oil and lubrication; and upholstery, trim and accessories.
Multi-tenant development. Any shopping center, office complex, business park or other nonresidential development in which two or more occupancies abut each other or share common parking facilities or driveways or are otherwise related on a development parcel.
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Native vegetation. Indigenous, naturally occurring plants, adapted to county climate and soil conditions as determined through authoritative reference guides such as the Florida-Friendly Plant List, University of Florida, IFAS Extension.
Natural resources. Resources provided by the natural environment, including air, water, soils, wetlands, beaches, flood plains, forests, fisheries, wildlife, and any other such resource identified by Florida Statutes for conservation and protection.
New construction. Structures or improvements for which the start of construction commenced on or after the effective date of the LDC.
Nightclub. An establishment that allows or provides music, dancing, or entertainment in combination with the activities of a bar.
Noncommercial. Any activity not done for a commercial aim.
Nonconforming or nonconformance. The status of any use, structure, site condition, or lot that was lawfully established prior to the adoption or amendment of county land development regulations, and maintained since that establishment, but fails by reason of such adoption or amendment to comply with current land development regulations. Nonconformance may also be referred to as a "grandfathered" status, but such status does not signify unlimited continuation of nonconformance or protection of any unlawful noncompliance with regulations.
Nonresidential farm building. Any temporary or permanent building or support structure that is used primarily for agricultural purposes, is located on land that is an integral part of a farm operation or land classified as agricultural land by the county property appraiser, and is not intended to be used as a residential dwelling. Nonresidential farm buildings include barns, greenhouses, shade houses, farm offices, storage buildings, and poultry houses.
Nonresidential use. A use characterized by the absence of residences and the presence of principal land uses that include retail sales and service, office, commercial, industrial, civic, or recreation uses.
Nursery or garden center. An establishment for the growing, cultivation, storage, or sale of flowers, shrubs, trees, or other plants. Wholesale nurseries typically supply landscapers, builders and retail nurseries, but may include incidental retail sales. Retail nurseries may include sales of fertilizers, soils, garden tools, and similar accessory products.
Nursing home. A state licensed facility, including a private home, which provides nursing services for a period exceeding 24 hours for persons not related to the facility owner or manager, who by reason of illness, physical infirmity, or advanced age require such services. Skilled nurses and nursing aides are present 24 hours a day, but the term "nursing home" does not include any place providing care and treatment primarily for the acutely ill.
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Off-highway vehicle. Any all-terrain vehicle, two-rider all-terrain vehicle, recreational off-highway vehicle, or off-highway motorcycle as defined by the state that is used off the roads or highways of the state and that is not registered and licensed for highway use under state statutes.
Off-site. Located outside the lot or parcel boundary of the principal use.
Off-site parking. Parking provided for a specific use but located on a site other than the one on which the use is located, including parking located on the same lot or parcel but separated by a street or other physical barrier from the use it serves.
Off-street parking. Parking provided for a specific use, directly accessible from a drive aisle, and not located within a street right-of-way.
On-site sewage treatment and disposal (OSTD) system. A system that contains a standard subsurface, filled, or mound drainfield system; an aerobic treatment unit; a graywater system tank; a laundry wastewater system tank; a septic tank; a grease interceptor; a pump tank; a solids or effluent pump; a waterless, incinerating, or organic waste-composting toilet; or a sanitary pit privy that is installed or proposed to be installed beyond the building sewer on land of the owner or on other land to which the owner has the legal right to install a system. OSTD systems do not include package sewage treatment facilities and other treatment works regulated separately under Florida Statutes.
Open space. Land or portions of land preserved and protected, whether public or privately owned, and perpetually maintained and retained for active or passive recreation, for resource protection, or to meet lot coverage requirements. Open space includes required yards, developed recreation areas and improved recreation facilities, natural and landscaped areas, and common areas.
Outdoor storage. See "Storage, outdoor or outside."
Owner. Any person having legal or equitable title to, or sufficient proprietary interest in, any property. For the purposes of the LDC, the term "owner" includes any agent authorized by the owner, unless the context clearly indicates otherwise.
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Parcel. A unit of land within legally established property lines, or a lot or contiguous group of lots, in single ownership or under single control, and considered a unit for purposes of development.
Pari-mutuel or pari-mutuel wagering. A system of betting on races or games in which the winners divide the total amount bet, after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds assigned to particular outcomes.
Pari-mutuel facility. The grounds or property of a cardroom, racetrack, fronton, or other facility used by a licensed permitholder.
Park. Any public or private land that is predominantly open space with natural vegetation and landscaping, and used primarily for active or passive not-for-profit recreational purposes.
Parking lot. An open area at ground level providing off-street parking spaces, excluding residential driveways.
Parking lot, commercial. A parking lot that is not an accessory use to any other use and provides parking for a fee.
Park trailer. A type of recreational vehicle constructed on a single chassis to American National Standards Institute (ANSI) or U.S. Department of Housing and Urban Development (HUD) standards, consisting of a transportable unit with body width not exceeding 14 feet, designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances, and as may otherwise be defined by Florida Statutes.
Pawnshop. Any location at which a pawnbroker conducts the business of making pawns; that is, providing any advancement of funds on the security of pledged goods on condition that the pledged goods are left in the possession of the pawnbroker for the duration of the pawn and may be redeemed by the pledgor on the terms and conditions of the pawn.
Pensacola Beach. That part of Santa Rosa Island under the jurisdiction of the board of county commissioners of Escambia County, Florida.
Perdido Key. The barrier island and coastal areas extending westward from Pensacola Pass to the Florida/Alabama state line.
Permitted use. Any use authorized or of right in a particular zoning district or land use category.
Personal services. Nonmedical retail services involving the care of a person or his personal goods or apparel, such as the services of a barber shop, beauty or tanning salon, health club or spa, pet groomer, laundromat or dry cleaner, tailor, psychic reader, or tattoo parlor, but not including, repair services or professional services as defined in this chapter.
Pervious surface. Any surface that easily allows the infiltration of water. Such permeable or porous surfaces include natural or landscaped vegetation and other surfaces for which runoff coefficients no greater than 0.25 are typically used for stormwater management calculations.
Pier. See "Dock."
Place of worship. A building that is used primarily for worship or religious assembly on a regular basis and may include related facilities such as classrooms and administrative offices, but does not include facilities used exclusively for residences, schools, day care, shelter, recreation or other uses not normally associated with worship. Places of worship include churches, chapels, cathedrals, synagogues, temples, and mosques.
Planned unit development (PUD). An process for providing flexibility in LDC regulations governing the planning and design of subdivisions that permits and encourages greater creativity for the mutual benefit of developers and the public not anticipated by the strict application of those regulations.
Planning board. The advisory authority appointed by the board of county commissioners to serve as the local planning agency (LPA) for Escambia County, and whose scope of authority and specific duties are established within the comprehensive plan and LDC.
Plat. A map or delineated representation of the subdivision of land, being a complete, exact representation of the subdivision and including other information in compliance with the requirements of the LDC and Florida Statutes (chapter 177, part 1).
Porch. A roofed structure attached to a building and open on two or more sides which may be screened, and having direct access to or from the building.
Portable storage container. Any container, pod, trailer or other unit that is designed to temporarily store items and to be transported to and stored off-site, typically by a private moving or storage company at a centralized warehouse. The term "portable storage container" does not include solid waste dumpsters or tool sheds.
Positive drainage outfall. A conveyance system with adequate capacity to contain, control, and transmit stormwater from the site directly to and through any approved county or state department of transportation drainage system having sufficient capacity, or to a creek, stream, river, bay, gulf, ocean, or other contiguous wetlands (not including isolated wetlands) all classified as waters of the United States.
Post-incarceration reentry facility. A facility providing assistance with substance abuse, mental and physical health issues, job training and placement, and other services to individuals reentering communities from correctional facilities.
Power plant. An electrical power generation facility operated by a public utility or independent power producer that converts one or more energy sources to provide electricity to the electrical transmission grid and distribution system. The term "power plant" refers to an industrial facility and does not include small-scale generation systems of customers that may sell surplus power back to the franchised power provider through their metered service.
Predominantly commercial development. Development for which more than two-thirds of the development parcel area and more than two-thirds of all gross floor area within the parcel is devoted to commercial use.
Predominantly residential development. Development for which more than two-thirds of the development parcel area and more than two-thirds of all gross floor area within the parcel is devoted to residential use.
Premises. Any parcel together with any improvements thereon.
Primary dune. The first natural or manmade dune located landward of the beach with sufficient vegetation, height, continuity, and configuration to offer protective value to upland property. The landward extent occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
Prime farmland. One of several classes of land defined in the Soil Survey of Escambia County, Florida, U.S. Department of Agriculture, as having the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and available as cultivated land, pastureland, forestland or other lands not built upon or urbanized.
Principal structure. The structure that is occupied by or otherwise defines the principal use of a parcel.
Principal use. The main or predominant purpose for which a structure or parcel of land is used, occupied, maintained, designed, arranged, or intended, as distinguished from an accessory use.
Processing. As applicable to solid waste, any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport; amenable to recovery, storage, or recycling; safe for disposal; or reduced in volume or concentration.
Professional services. Specialized work by members of recognized professions trained and engaged in such work for a career, typically requiring a license or other legal authorization to perform, and predominantly provided on the premises of an office or clinic. Professional services include the work of insurance agents, realtors, bankers, accountants, stock brokers, financial advisors, engineers, architects, land surveyors, dentists, physicians, therapists, attorneys, and other professionals, but do not include the provision of "personal services" as defined in this chapter.
Prohibited use. Any use not identified as a permitted or conditionally permitted use by the applicable zoning district, and not otherwise determined to be such a permitted use according to the use classification provisions of the LDC.
Property line. The recorded boundary of a lot or other tract of land.
Protected tree. A living tree that, according to the provisions of the LDC, cannot be removed or otherwise willfully harmed without first obtaining appropriate authorization from the county.
Pruning. The act of removing tree branches, limbs, or roots to remedy a hazard or to maintain or improve the form or health of a tree, performed in a careful and systematic manner according to standard arboricultural practices so as not to damage other parts of the of the tree or other trees. Standard practices include those outlined in American National Standards Institute (ANSI) standard A300, Part 1-2001, Tree Care Operations — Tree, Shrub and Other Woody Plant Maintenance — Standard Practices.
Public facilities. Major capital improvements, including transportation, sanitary sewer, solid waste, stormwater management, potable water, educational, and recreational facilities.
Public lodging establishment. A unit, group of units, building, or group of buildings within the same complex which is rented to guests as a transient accommodation (more than three times in a calendar year for periods less than 30 days), rented as a non-transient accommodation (for periods of at least 30 days), or is advertised or offered to the public as a place regularly rented to guests for such accommodations. Public lodging establishments include hotels, motels, resort condominiums, bed and breakfast inns, and boarding or rooming houses, but do not include dormitories, campgrounds, or recreational vehicle parks.
Public use airport. An airport, publicly or privately owned, licensed by the state, which is open for use by the public.
Public utilities. See "Utilities, public."
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Quadruplex. A four-unit multifamily dwelling.
Quasi-judicial hearing. A public hearing before an administrative board or official held to obtain testimony or comment regarding the application of adopted policy to a specific development application or land use decision, and subject to specific due process procedural requirements to assure fact-based decisions by the board or official.
Reclamation. The restoration or rehabilitation to useful purposes and safe and healthful conditions of lands adversely affected by mining, excavation, erosion, land clearing, or other processes. Reclamation may include filling, reshaping, revegetation and other activities to achieve the long-term stability of the affected lands and protection of surrounding uses and natural resources.
Record drawings. Construction drawings certified by the engineer of record and provided to the county for the purpose of documenting improvements as actually constructed.
Recovered materials. Metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation. Recovered materials as described here are not solid waste and does not include materials destined for any use that constitutes disposal.
Recovered materials processing facility (RMPF). A facility engaged solely in the storage, processing, resale, or reuse of recovered materials.
Recreation, active. Leisure time activity, indoor or outdoor, that usually requires some constructed facilities, is typically structured and organized to take place at prescribed places, and is usually performed with others. Active recreation uses include campgrounds, recreational vehicle parks, off-highway vehicle trails, shooting ranges, swimming pools, ice and roller skating rinks, baseball and other sport fields, skateboard parks, bowling lanes, tennis courts, golf courses, and playgrounds.
Recreation, passive. Leisure time activity that generally does not require a developed site, has minimal impact on the recreation site, typically involves existing natural resources or amenities, and has low potential for nuisance to adjacent properties. Passive recreation uses include walking, jogging, hiking, primitive camping, bird watching, bicycling, board and table games, and picnicking.
Recreational vehicle. A motor vehicle primarily designed as temporary living quarters for recreational, camping, or travel use and which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicles include travel trailers, camping trailers, truck campers, motor homes, private motor coaches, park trailers, and other vehicles as defined in Florida Statutes.
Recreational vehicle park. A place set aside and offered for the parking, accommodation, or rental of five or more recreational vehicles or tents used as seasonal or temporary living quarters for six months or less. See also "Campground."
Recycling. Any process by which solid waste, or materials that would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
Redevelopment. The removal and replacement, rehabilitation, or adaptive reuse of an existing structure or structures, or the rehabilitation or adaptive reuse of land from which previous improvements have been removed.
Registered professional. A professional registered or licensed by and in the State of Florida and who possesses the expertise and experience necessary for the competent preparation, submittal and certification of documents and materials, and performing of other services required in support of permitting, constructing, altering, inspecting, and operating a proposed or existing regulated use. Registered professionals include engineers, architects, surveyors and mappers, and geologists.
Repair services. Services to mend or restore items after their extended use, decay, breakdown, damage, or partial destruction. Repair services include motor vehicle repair, bicycle repair, appliance and electronic device repair, gunsmiths, locksmiths, upholstery services, furniture refinishing and repair, small engine and motor repair, and watch, clock and jewelry repair, but do not include construction trades or building repair activities.
Research facility. A facility for the conduct of investigation, study, examination, development, testing, and similar inquiries in various fields of science and engineering.
Residential use. Any regular use of a building by its occupants as a permanent home or place of abode, whether for household living or group living. Residential uses include single-family detached or attached dwellings, two-family and multifamily dwellings, dormitories, and nursing homes, but do not include any public lodging, tents, tourist cabins, day care, hospitals, correctional facilities, homeless shelters, or recreational vehicles.
Resort. A facility for transient guests where the primary attractions are recreational features or activities.
Resource recovery. The process of recovering materials or energy from solid waste, excluding those materials or solid waste under the control of the Nuclear Regulatory Commission.
Restaurant. A retail establishment in which the principal use is the preparation and sale of food and beverages, typically served and consumed on the premises and within the principal building, but also including take-out, fast food, drive-in and other forms of service and consumption.
Restrictive covenants. Private restrictions recorded with a subdivision plat or parcel deed which limit or otherwise govern the use, intensity, and development patterns of the land within the subdivision or parcel for a specified time.
Retail sales. The direct selling or renting of new or used goods or merchandise primarily to the general public for personal or household use or consumption, but also to businesses and other end users, and the provision of services incidental to such sales or rentals. Retail trade is characterized by an establishment that is usually a place of business and engaged in activity to attract buyers, that buys and receives as well as sells merchandise, that sells to customers for their own use, and that may process or manufacture some products incidental or subordinate to the principal selling activities.
Retail services. Services provided directly and primarily to the general public for personal or household use, but also to business and industry, and including products that are incidental to the services and usually consumed on the premises. The term "retail services" includes restaurants, public lodging, personal services, professional services, and repair services.
Rezone or rezoning. An amendment to the Official Zoning Map of Escambia County to effect a change in the adopted zoning district of a designated parcel or land area.
Right-of-way. An area of land occupied or intended to be occupied by a street, walkway, railroad, utility, drainage facility, or similar use. For the purposes of platting, the term "right-of-way" refers to land that is separate and distinct from adjoining parcels. Most generally, the term refers to the specific right of a person to pass over the land of another.
Road or roadway. See "Street."
Riverine system. A generally linear aquatic community of non-tidal waters with a discrete channel, including rivers, tributaries, creeks, and intermittent streams. The landward extent of a riverine system is defined by ordinary high water.
Runway. The defined area on an airport or airfield prepared for landing and takeoff of aircraft along its length.
Runway protection zone. An area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground.
Rural. A sparsely developed area where most land is undeveloped or primarily used for agricultural purposes.
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Salvage yard. An industrial facility or area for the collection, storage, sale or exchange, disassembly, shredding, compaction, bailing, or other handling of scrap or discarded material or equipment for salvage, including metals, paper, rags, tires, bottles and cans, motor vehicles, machinery, appliances, and structural steel.
Sand dune. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
Screened or screening. A method of visually shielding or obscuring a structure or use from view by fencing, walls, berms, or vegetation.
Seawall. A wall or an embankment designed to halt the encroachment of a waterbody.
Sediment. Mineral or organic particulates that have been transported from their origin by wind or water and deposited at another location.
Sedimentation. The deposition of sediment.
Self-storage facility. A building or group of buildings containing separate individual storage units available for lease or rent for varying periods of time for the self-service storage of goods. Self-service storage facilities may also be known as mini-warehouses.
Semi-impervious surface. Any surface that is more resistant to the infiltration of water than a pervious surface, but more easily allows infiltration than an impervious surface. Such moderately impermeable surfaces include compacted stone, gravel, recycled asphalt, shell, or clay serving vehicular traffic; paver stones and "pervious" concrete; and other surfaces for which runoff coefficients no less than 0.60 are typically used for stormwater management calculations.
Setback. The required minimum distance from a property line or other boundary line that establishes the area within which a structure is allowed to be erected or placed.
Shooting range. An indoor or outdoor facility designed for archery, paintball, or the discharge of firearms, including rifles, shotguns, pistols, muzzle loading and black powder guns. The term "shooting range" includes facilities for the purpose of sport shooting or for military or law enforcement training, including mock hazard response, target practice, skeet and trap.
Shopping center. An integrated group of retail sales and service establishments that is planned, constructed, and managed to function as a unit, with customer and employee parking provided on site and the delivery of goods separated from customer access.
Sign. Any object, device, display, or structure, or part thereof, which is positioned and used to advertise, identify, announce, direct or attract attention, or otherwise visually communicate a message outdoors using words, letters, numbers, emblems, figures, symbols, pictures, or other message elements. Signs are more specifically defined by type and character in the outdoor sign standards of chapter 5.
Silviculture. The management of forest establishment, growth, composition, health, and quality to produce lumber, pulp wood, or other forest products on a sustainable basis. The term "silviculture" includes site preparation, planting, prescribed burning, harvesting, and replanting activities.
Site plan. A scaled plan depicting proposed site development or redevelopment within a parcel as required by the LDC for compliance review and approval.
Solid waste. Materials regulated by the state as solid waste, including sludge from a waste treatment works, water supply treatment plant, or air pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.
Solid waste collection point. A site for the collection of non-hazardous solid waste from individual generators and transport to waste transfer, material recovery, waste disposal or other solid waste management facilities.
Solid waste disposal facility. See "Landfill."
Solid waste transfer facility. An industrial facility where non-hazardous solid waste from collection vehicles is consolidated, temporarily stored, and may be sorted, for subsequent transport to other facilities for processing or final disposal.
Sprawl or urban sprawl. A haphazard development pattern of dispersed and strip growth in suburbs and rural areas and along highways that is characterized by low density, automobile-dependent development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses.
Spot zoning. Zoning applied to an area of land, regardless of its size, that is different from the zoning of all contiguous land. Such isolated or "spot" zoning is usually higher in its density or intensity of use than the adjoining zoning and may, therefore, extend privileges not generally extended to property similarly located in the area. Spot zoning is not by itself prohibited, but due to its potentially adverse impacts on adjoining zoning it carries a higher burden of demonstration that, if authorized, it will contribute to or result in logical and orderly development.
Stable, public. A structure where horses, ponies or other domesticated equines are kept for sale or hire, including their boarding, training, breeding, and riding.
Stable, private. An accessory structure where horses, ponies or other domesticated equines are kept for the private use of the occupants of the premises and their guests, and not kept for hire.
Stadium or arena. A structure with tiers of spectator seats rising around all or part of an open or enclosed field or place used for athletic, entertainment, or other major events. Stadiums may include food service, retail stores, meeting rooms and other incidental uses customarily accessory to the principal use.
Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
Storage. The placement, accumulation, or keeping of things, or the condition of things placed, accumulated, or kept, in a specific location for preservation, future use, or disposal.
Storage, outdoor or outside. The storage of any equipment, goods, junk, material, merchandise, or vehicles outside of an enclosed building in the same area on a site for more than 72 hours.
Stormwater. The flow of water which results from, and which occurs immediately following, a rainfall event.
Stormwater management. Any technique, apparatus, or facility that controls or manages the path, storage, quality, or rate of release of stormwater runoff, including storm sewers, retention and detention ponds, drainage channels and swales, and inlet and outlet structures.
Stormwater management plan. A professionally certified plan to manage stormwater runoff from development by providing concurrent control of erosion, water quality, sedimentation, and flooding in compliance with all applicable regulatory authorities.
Stormwater management system. The designed features of the property which collect, convey, channel, hold, inhibit, or divert the movement of stormwater.
Stormwater pond. A stormwater storage facility that may be further characterized as:
Detention pond. A facility for the collection and temporary storage of stormwater runoff for treatment through physical, chemical, or biological processes and for attenuating discharge with subsequent gradual controlled discharge.
Retention pond. A facility for the collection and prevention of discharge of stormwater runoff surface waters by complete on-site storage where the capacity to store the given volume must be provided by a decrease of stored water caused only by percolation through soil, evaporation, or evapotranspiration (loss of water from soil by both evaporation and transpiration from plants).
Dry pond. A facility designed to collect and store stormwater runoff in a normally dry basin.
Wet pond. A facility designed to collect and store stormwater runoff in a permanently wet impoundment with a gently sloping littoral zone shelf designed to support the growth of rooted aquatic plants. A wet pond provides for treatment through physical, chemical, and biological processes.
Story. That portion of a building included between the surface of any floor and the surface of the next floor above, or if there is no floor above it, then the space between such floor and the ceiling next above it. In computing the number of stories in a building, a basement shall not be considered a story if more than one-half of its height is below the mean grade. For areas governed by FDEP or FEMA elevation requirements, the number of stories in a building shall be counted from the minimum required elevation established by FDEP or FEMA for the habitable first floor, whichever is higher.
Street. A public or private right-of-way designed and used primarily for vehicular transportation, including all of the land lying between the right-of-way lines delineating the access way, whether improved or unimproved, and typically affording the principal means of access to adjoining land. The term "street" includes the terms "road," "avenue," "boulevard," "lane," "thoroughfare" and "highway" when used for such access ways. However, the term does not include alleys, access ways such as easements and rights-of-way intended solely for limited utility purposes, or access ways and driveways designed as part of or access to on-site parking. Streets may be classified as the following:
Arterial street, major. A street providing service that is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed, including every United States numbered highway.
Arterial street, minor. A street providing connections between major activity centers of the county, and which augments the major arterial system for local and inter-county traffic by feeding traffic from collector and local street systems onto major arterials.
Collector street. A street providing service that is of relatively moderate traffic volume, moderate trip length, and moderate operating speed, and which distributes traffic between local streets or arterial streets.
Local street. A street providing service that is of relatively low traffic volume, short average trip length, or minimal through traffic movements, and high quantity land access for abutting property.
Private street. A privately owned and maintained street.
Public street. A street under the jurisdiction of and maintained by a public entity for public travel.
Structural alteration. Any change in the supporting members of a building, such as bearing walls, bearing partitions, columns, beams or girders, or any complete rebuilding of the roof, exterior walls or any other change which results in increased or decreased height of a structure.
Structure. Anything constructed, assembled or erected, the use of which requires location on or in the ground, or attachment to something having location on or in the ground. The term "structure" does not include unroofed paved surfaces, such as sidewalks, driveways, parking lots, or paved areas used for sports activities.
Subdivision. The division of a parcel of land, whether improved or unimproved, into three or more contiguous lots or parcels of land or, if the establishment of a new street is involved, any division of the parcel. When appropriate to the context, the term "subdivision" refers to the process of subdividing or to the land subdivided.
Subdivision, recorded. The plat of an approved subdivision as recorded in the office of the Clerk of the Court, Escambia County, according to Florida Statutes.
Substance abuse treatment facility. A state licensed residential or inpatient facility which provides professionally planned and directed clinical treatment in a structured live-in environment within a nonhospital setting on a 24-hours-per-day, seven-days-per-week basis, designed to reduce or eliminate the misuse of drugs and alcohol and promote a healthy, drug-free lifestyle.
Substantial construction. All required permits necessary to continue the development have been obtained; permitted clearing and grading has been completed on a significant portion of the development subject to a single final development order; and the actual construction of buildings or water and sewer lines, streets, or the stormwater management system has been completed on a significant portion of the development or is progressing in a manner that significantly moves the entire development toward completion of construction.
Suitability. The degree to which the existing characteristics and limitations of land and water are compatible with a proposed use or development.
Surface water. Water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs is classified as surface water when it exits from the spring onto the earth's surface.
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Taxi or limousine service. The provision of transportation in automobiles, limousines, vans or similar passenger vehicles with drivers, offered to the public at a fixed fee or hourly rate. The term "taxi or limousine service" includes passenger vehicle servicing, repairing, and fueling facilities incidental or subordinate to the principal transportation use.
Telecommunications tower. A tower, pole or similar structure designed to support one or more antennas in a fixed location for transmitting or receiving commercial wireless communications signals. The term "telecommunications tower" excludes structures limited to amateur radio, VHF marine, or similar noncommercial operations.
Temporary structure. A structure that is authorized to be constructed or placed on a parcel for a limited period of time and required to be removed from that parcel upon the expiration of the permitted time.
Temporary use. A use that is authorized to be established on a parcel for a limited period of time and is required to be discontinued on that parcel upon the expiration of the permitted time.
Tourist-oriented or tourism-oriented. Businesses and commercial establishments catering primarily to transient visitors staying on Pensacola Beach or Perdido Key for two weeks or less, but including such businesses and establishments that could equally cater to either tourists or island residents.
Townhouse. A single-family dwelling constructed in a row of three or more attached dwelling units, with each unit extending from foundation to roof, separated by property lines, and having its own direct front and rear access to the outside.
Tree. A woody perennial plant having one generally well-defined stem or trunk branching to form a crown, and normally attaining a mature height of at least 12 feet with a trunk at least three inches in diameter at breast height (DBH).
Triplex. A three-unit multifamily dwelling.
Truck terminal. A transshipment facility where trucks load and unload cargo and freight, and where shipments may be broken down into smaller loads or aggregated into larger loads for transfer to other vehicles or modes of transportation. The term "truck terminal" includes areas for the parking of trucks awaiting loading or unloading, truck servicing or maintenance facilities, freight warehouses, and other such facilities incidental or subordinate to the principal transshipment use.
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Unified control. Two or more tracts of land in combined ownership where the owners have agreed to allow their tracts to be used and developed as a single lot under the provisions of the LDC.
Urban forest. Collectively, the trees and other vegetation within and around the developed areas of the county, whether naturally occurring or manually planted.
Use. The purpose for which lands or structures are arranged, designed, occupied or maintained.
Utilities. All lines and facilities related to the provision, distribution, collection, transmission, or treatment of potable water, stormwater, wastewater, electricity, gas, petroleum, communication or similar services. The term "utilities" includes the use of land for customary and necessary utility operation and maintenance such as for wells, storage tanks, pumps, ponds, production and treatment plants, towers and antennas, and stations for switching, amplification and transmission. The term excludes the principal use of land for offices, warehousing or maintenance facilities.
Utilities, public. All utilities whose services or products are provided to the public through governmental grant of authority, regardless of whether the utility is owned or operated by a public entity.
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Variance. A grant of relief from certain requirements and provisions of the LDC as may be allowed by the LDC through discretionary review of administrative officials or boards.
Vehicle sales and services. Direct sales of and services to new or used passenger vehicles, light trucks and other consumer vehicles, including motorcycles, recreational vehicles, all-terrain vehicles, golf carts, boats and manufactured (mobile) homes. The term "vehicle sales and services" includes rental and leasing of vehicles and their washing, detailing, maintenance, repair, parts replacement, overhaul, reconditioning, painting and bodywork.
Vested right. A right that has been legally established and cannot be canceled or changed by later conditions or changes in law or regulations without due process of law, but which for any development approval is subject to the effective period of the approval.
Veterinary clinic. An animal hospital or other medical facility for the use of a licensed veterinarian in the diagnosis, treatment, and prevention of animal diseases and injuries. A veterinary clinic may include boarding, grooming, and other animal services customarily incidental and subordinate to the principal medical use.
Vicinity of the interstate. Vicinity of the interstate is a corridor 125 feet either side of any right-of-way of the interstate highway system.
Volume reduction plant. Incinerators, pulverizers, compactors, shredding and baling plants, composting plants, and other plants that accept and process solid waste for recycling or disposal.
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Wall sign. A sign that is attached to or painted on the exterior wall of a building in such a manner that the wall is the supporting structure for the sign or forms the background surface of the sign. For the allocation of sign area and other purposes of the LDC, wall signs include awning, canopy, fascia, marquee, roof, and window signs, but do not include fence signs.
Warehouse. An enclosed building used primarily for the storage of goods and materials, but which may also include incidental office and maintenance areas.
Warehouse, distribution. A warehouse providing generally short-term storage, where goods and materials are received, broken down into smaller quantities, often repackaged, and then distributed to customers at off-site locations. The term "distribution warehouse" does not include truck terminals, retail sales, or product assembly or processing.
Warehouse, wholesale. A facility providing storage of goods for sale only to other businesses, including retailers, industrial, commercial, institutional, or professional business users, or other wholesalers.
Warranty deed. A legal form or conveyance in which the grantor warrants good, clear title.
Waste tire processing facility. A site where equipment is used to recapture reusable byproducts from waste tires or to cut, burn, or otherwise alter waste tires so that they are no longer whole.
Wastewater treatment plant. A central facility for the collection, removal, treatment, and disposal of wastewater generated within a single development, community, or region. The term "wastewater treatment plant" and does not include a septic tank or similar on-site sewage treatment and disposal system.
Water body. Any bay, bayou, lagoon, inlet, pond, lake, reservoir, or other area with a discernable shoreline that ordinarily or intermittently contains water, or a river, stream, or creek with permanent flow. The term "water body" does not include stormwater detention or retention facilities.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through or over which water flows at least periodically.
Water-dependent uses. Uses that require access to water bodies, such as commercial boating or fishing operations.
Water-related uses. Uses that do not require a waterfront location to function, but are often essential to the efficient functioning of water-dependent uses and can be essential to their economic viability, such as shops, restaurants, parking, boat sales, or fish processing plants.
Wellhead protection area (WHPA). Land within an established protection boundary around a public potable water well, with the level of protection based upon the capacity of the well and an evaluation of the risk to human health and the environment.
Wetlands. Areas as defined by the State of Florida that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does or would support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include, but are not limited to, swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps, and other similar areas.
Wholesale trade. An establishment primarily engaged in purchasing merchandise from producers and selling it, generally without transforming it, to industrial, institutional, commercial, or professional business users, to retailers, to other wholesalers, or to agents or brokers. Wholesale uses emphasize on-site sales or ordering and may or may not be open to the general public, but any sales to the general public are limited.
Wildlife habitat. An area that offers feeding, roosting, breeding, nesting, and refuge areas for a variety of existing and future native wildlife species.
-X, Y, Z-
Yard. An open space at grade on a lot between a structure and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as may be otherwise allowed by the LDC. Yards may refer to the minimum open space required or the actual space provided, depending on the context of use.
Yard, front. A yard extending across the full width of a lot and having a depth measured as the minimum horizontal distance between the front lot line and the principal structure, excluding allowed encroachments.
Yard, rear. A yard extending across the rear of a lot, having the full width between side lot lines and a depth measured as the minimum horizontal distance between the rear lot line and the principal structure, excluding allowed encroachments. However, when a rear lot line separates the lot from an alley the depth of the yard (rear setback) may be measured from the centerline of the alley. For a lot with only one side lot line or with intersecting side lot lines, no rear yard is formed.
Yard, required or minimum. The open space between a lot line and the corresponding setback line as required by the LDC and within which no structure shall be located except as provided in the LDC.
Yard, side. A yard that is not a front or rear yard.
Zero lot line subdivision. A residential subdivision for detached single-family dwellings in which each dwelling that is not on a corner lot has one side wall located along a side lot line, and so provides zero setback or no side yard on that side.
(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2015-44, § 5, 10-8-2015; Ord. No. 2015-54, § 3, 12-10-2015; Ord. No. 2016-02, § 4, 1-7-2016; Ord. No. 2016-42, § 2, 12-8-2016; Ord. No. 2017-5, § 4(Exh. D), 1-5-2017; Ord. No. 2017-030, § 2, 5-25-2017; Ord. No. 2017-61, § 2, 10-5-2017; Ord. No. 2018-5, § 2, 2-1-2018; Ord. No. 2018-18, § 4, 4-5-2018; Ord. No. 2019-2, § 5(Exh. E), 1-10-2019; Ord. No. 2020-29, § 1, 8-6-2020; Ord. No. 2021-40, § 3, 11-16-2021; Ord. No. 2025-18, § 7, 5-15-2025)
DEFINITIONS
This chapter establishes the definitions of selected terms used within the land development code (LDC) necessary for the intended and consistent application of its provisions to all land uses and development activities within Escambia County. The definitions correspond to those of related regulations where possible, but they are established only for the purposes of the LDC and are not necessarily the same as definitions established for the purposes of building codes, state licensing, or other regulations.
(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)
(a)
Generally. The definitions of terms established within the LDC are typically in general use for the practice of growth management, land use planning, zoning, engineering, environmental science, and related professional practices. Sources for these definitions include Florida Statutes, Florida Administrative Code, the Escambia County Comprehensive Plan, publications of the American Planning Association, and model ordinances.
Once defined in the LDC a term's use shall be consistent with that definition throughout the code. Terms not defined in the LDC, or not having acquired a meaning by other applicable regulatory definition or judicial construction, shall be understood according to their usual, ordinary, and customary meanings.
(b)
Amending definitions. The addition, modification, or deletion of definitions within the LDC shall be according to the text amendment process prescribed in chapter 2 and the following guidelines:
(1)
When to define. A term intended to be understood according to its usual, ordinary, and customary meaning needs no further definition within the LDC.
(2)
Where to define. A term used once or only in one section of the LDC should be defined in context where used, but if used in several sections or throughout the LDC it should be defined within this chapter.
(3)
Different meanings. The definition of a term should include all intended meanings and distinguish them as needed with such phrases as "for the purposes of .. ,"and "as used in this section ..."
(4)
No regulation. A definition should only explain the meaning of a term. Regulations regarding the term are established separately within the LDC.
(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)
As used within the LDC, the following terms have the meanings established here:
-A-
Accessory structure. A building or other structure that is subordinate in extent and purpose and customarily incidental to the principal structure on the same lot, and is typically detached from it.
Accessory dwelling unit. A dwelling unit that is an accessory structure to a single-family dwelling.
Accessory use. A use of land or structure that is subordinate in extent and purpose, and is customarily incidental to the principal use on the same lot. The term "accessory use" includes support services and functions for employees, customers, tenants and visitors customarily associated with the principal use.
Accident potential zones. Identify areas near airfield runways where aircraft accidents are most likely, if they do occur.
Act of God. An act caused by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled and uninfluenced by the power of man, without human intervention, and of a character that it could not have been prevented or escaped from by any amount of foresight or reasonable degree of care or diligence.
Addition. As applicable to building construction, any walled and roofed expansion of a building that increases the existing building height, length, width, floor area, or site coverage. If an expansion is connected to a building by a firewall, or is separated by independent perimeter load-bearing walls, it is considered new construction and not an addition.
Adult day care center. A state licensed facility, whether operated for profit or not, which provides basic services for part of a day to three or more persons who are 18 years of age or older, who are not related to the facility owner or operator, and who require such services. As used here, basic services include providing a protective setting that is as non-institutional as possible, therapeutic programs of social and health activities and services, leisure activities, self-care training, rest, nutritional services, and respite care.
Adult entertainment establishment. An adult theater, adult bookstore, adult performance establishment, or other adult use or activity as defined in the adult entertainment code of chapter 18, businesses, part I, Escambia County Code of Ordinances.
Adult family-care home. A state licensed, full-time, family-type living arrangement in a private home under which a person who owns or rents the home provides room, board, and personal care on a 24-hour basis for no more than five disabled adults or frail elders who are not relatives. An adult family-care home is a form of household living.
Affordable housing. Housing with monthly rents or monthly mortgage payments, including taxes, insurance, and utilities, that do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income established by the state for extremely-low-income, very-low-income, low-income, and moderate-income households as applicable.
Agent. A person authorized by contract or other valid authority to act for and under the direction of another person, the agent's principal, when dealing with third parties, and who can enter into binding agreements on the principal's behalf.
Agricultural-related activity. An activity in support of or accessory to agriculture.
Agricultural processing, major. Activities involving a variety of processing operations on crops after harvest, or on livestock, which typically generate dust, noise, odors, pollutants, or visual impacts that can adversely affect adjacent properties. Such activities include feedlots, slaughterhouses, rendering plants, large-scale mills, refineries, canneries, and milk processing plants.
Agricultural processing, minor. Activities involving a variety of processing operations on crops after harvest to prepare them for market, or for further processing or packaging out of the agricultural area, and which cannot be characterized as major agricultural processing. Such activities include cleaning, sorting, drying, roasting, hulling, shelling, baling, custom milling, cotton ginning, packing and storing.
Agriculture or agricultural use. The active production of plants, animals or their products through cultivation of soil, growing and harvesting of crops, or raising of livestock. Agricultural crops include grains, legumes, oil seeds, roots and tubers, fibers, fruits, nuts, vegetables and forages. Agricultural livestock includes dairy and beef cattle, sheep, goats, pigs, poultry and horses. The terms "agriculture" or "agricultural use" also include bees and apiary products, plant nursery and greenhouse products, the breeding of animals, the storage of harvested products, and land devoted to soil conservation. However, the terms do not include agricultural processing or packaging, waste composting, silviculture or timber harvesting, aquiculture, or farm worker housing.
Airfield. Any area of land or water that is designed and set aside for the landing and taking off of military aircraft.
Airport. Any land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose.
Airport or airfield hazard. An obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation.
Airport hazard area. Any area of land or water upon which an airport hazard might be established.
Airport land use compatibility zoning. Airport zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of airports.
Airport master plan. A comprehensive plan of an airport which typically describes current and future plans for airport development designed to support existing and future aviation demand.
Airport obstruction. Any existing or proposed object, terrain, or structure construction or alteration that exceed the federal obstruction standards contained in 14 C.F.R. part 77, subpart C, as may be amended. The term includes: Any object of nature growth or terrain; permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or alteration of any permanent or temporary existing structure's height, including appurtenances, lateral dimensions, and equipment or materials used in the structure.
Airport protection zoning regulations. Airport zoning regulations governing airport hazards.
Alcoholic beverage. Any liquor, beer, wine, or other distilled spirits or beverages containing one-half of one percent or more alcohol by volume.
Alley. A public or private right-of-way that affords a secondary means of access to the back or the side of a lot otherwise abutting a street, and not intended or used for general traffic circulation.
All-weather surface. A hard driving surface (e.g., asphalt, concrete, compacted gravel or shell) designed and constructed to ensure adequate runoff of stormwater under normal rainfall conditions and capable of withstanding normal weather conditions during ordinary use without substantial deterioration.
Alteration. For the purpose of regulating structures, any change or modification that would result in a change in height or lateral dimensions of an existing structure, including cosmetic improvements, repairs, remodeling, and structural support changes.
Amusement, commercial. Any facility that is maintained or operated for the provision of amusement, entertainment or recreation to the general public for a fee. Indoor amusements include pinball machines, video games, and other games of skill or scoring such as billiards. Outdoor amusements include miniature golf, automobile race tracks, waterslides and amusement rides.
Amusement arcade. A business establishment open to the public and offering games, rides, shows, or similar facilities and devices, typically operated by coin or token, for entertainment or amusement purposes only. Such facilities and devices do not include bingo games, gambling devices, or any devices prohibited by law.
Animal grooming service. A business providing bathing, clipping, combing or similar grooming services to enhance the appearance or health of domestic animals, but not including any overnight boarding of animals.
Animal shelter. A facility used to house or board stray, homeless, abandoned or unwanted animals and that is operated by a public agency or a recognized nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
Applicant. Any person, including the person's agent, who submits an application to the county requesting development approval or other consideration according to any of the compliance review processes prescribed by the LDC.
Aquaculture. The growing and harvesting of freshwater and saltwater populations of aquatic organisms such as fish, crustaceans, mollusks, and aquatic plants under controlled conditions.
Aquifer. A groundwater bearing geologic formation that contains enough saturated permeable material to yield significant quantities of water.
Arcade amusement center. A place of business operating as an arcade amusement center in compliance with Florida Statutes and any county ordinances that define or regulate such businesses.
Assisted living facility. Any state licensed private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which provides housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator. As used here, personal services means direct physical assistance with or supervision of the activities of daily living, the self-administration of medication and other services which the state may define, but not the provision of medical, nursing, dental, or mental health services. An assisted living facility may be either household living or group living, according to the type of facility and form of residential occupancy and may also be known as personal care or residential care.
Automobile rental. The renting or leasing of passenger cars, vans, or light trucks (gross vehicle weight rating no more than 8,500 pounds), without drivers, for purposes of routine conveyance of passengers, generally for short periods of time. Rental facilities may include incidental storage or parking, and washing and servicing of vehicles for rent or lease.
Automobile sales. The use of any building or land for the display and sale of new or used passenger cars, vans, or light trucks (gross vehicle weight rating no more than 8,500 pounds). Sales facilities may include vehicle preparation, repair work, rental, or leasing conducted as an accessory use.
Avigation easement. An easement that gives a clear property right to maintain aircraft flight operations in the airspace above the property.
Awning. A roof-like structure that projects from the wall of a building, cantilevered or otherwise entirely supported from the building, and composed of a lightweight rigid or retractable skeleton over which a cover is attached, typically to protect a doorway or window from the elements.
-B-
Bar. An establishment or part of an establishment whose primary activity is the sale or dispensing of alcoholic beverages by the drink to be consumed on the premises, but where food or packaged liquors may also be sold or served. Bars may include on-premises production of alcoholic beverages and their distribution for off-site sales. The term "bar" includes tavern, cocktail lounge, nightclub, and bottle club.
Base flood. A flood having a one-percent chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the 100-year flood, the one-percent annual chance flood, or the regulatory flood.
Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM).
Batch plant. An industrial facility which produces or processes asphalt or concrete, or asphalt or concrete products, for use in construction. Batch plants include facilities and areas for the stockpiling of bulk materials used in production, or of finished products, but not the retail sale of those products.
Beach. The area of unconsolidated geologic material that extends landward from the mean low waterline to the place where there is a marked change in physiographic form or material, or to the line of permanent vegetation, or to the waterward toe of the primary dune, whichever is most waterward when not coterminous. The term "beach" is limited to gulf, bay, sound, and estuarine shorelines.
Bed and breakfast inn. A family home structure with no more than 15 sleeping rooms which has been modified to serve as a transient public lodging establishment, which provides accommodations and only morning meal service to overnight guests, which is typically the residence of the owner, and which is recognized as a bed and breakfast inn by the hospitality industry.
Bingo facility. A facility where participants engage in lawful games of bingo in compliance with Florida Statutes and any county ordinances that define or regulate such games and facilities.
Board of adjustment (BOA). The administrative board appointed by the board of county commissioners to conduct quasi-judicial public hearings for LDC compliance review of applications asserting special conditions or circumstances as prescribed in the LDC; to make findings based on the evidence presented at those hearings; and to approve, approve with conditions, or deny the applications.
Board of county commissioners (BCC). The legislative body of the unincorporated area of Escambia County, Florida.
Boarding house or rooming house. A public lodging establishment which provides rooms to guests by prearrangement for definite periods, but not open to overnight guests and not considered any other type of public lodging defined by the LDC. A boarding house provides meals and rooms, as distinguished from a rooming house that provides only rooms.
Boardwalk. An elevated pedestrian walkway typically constructed over or along a waterfront, beach, or environmentally sensitive land, but not extending past the mean high water line.
Bond. Any form of security, such as a cash deposit, surety bond, or instrument of credit, in an amount and form satisfactory to the board of county commissioners.
Borrow pit. A site or parcel of property where soils, clays, gravel or other natural deposits on or in the earth are removed, or have been removed, for use by the property owner or another entity, typically with no processing except for screening to remove debris. A borrow pit may also be referred to as a mining site or a mineral or resource excavation or extraction site.
Brewpub. A restaurant that brews beer primarily for sale and consumption on-site at the restaurant as a secondary use. A brewpub may also sell beer "to go" or sell to a distributor or off-site accounts for off-site sales.
Bridge. A structure, including supports, erected over a depression or an obstruction such as water or a highway or railway; having a track or roadway for carrying traffic or other moving loads; and having an opening, measured along the center of the roadway, of more than 20 feet between under copings of abutments, spring lines of arches, or extreme ends of openings of multiple boxes or pipes (culverts) where the clear distance between contiguous openings is less than half of the interior width or diameter of the smallest of such contiguous openings.
Broadcast station. A facility for over-the-air, cable, or satellite transmission of radio or television programs to the public and which may include studios, offices, and related broadcast equipment.
Buffer. A designated area with natural or manmade features functioning to minimize or eliminate adverse impacts on adjoining land uses, including environmentally sensitive lands.
Buildable area. The portion of a lot, exclusive of required yards, setbacks, buffers, open space, or other regulatory limits, within which a structure may be placed.
Building. Any structure having a roof supported by columns or walls.
Building coverage. The total horizontal area measured within the outside of the exterior walls or columns of the ground floor of all principal and accessory buildings.
Building line. The innermost edge of any required yard or setback.
Building official. The representative of the county appointed by the board of county commissioners to administer applicable building codes.
Building permit. A document issued by the building official authorizing the erection, construction, reconstruction, restoration, alteration, repair, conversion, or maintenance of any building or other structure in compliance with applicable building codes.
Bulk storage. Large capacity storage, as in warehouses, silos, and tanks, for massed quantities typically not divided into parts or packaged in separate units.
Bus leasing/rental facility. A facility for the transient parking, storing, repairs, servicing, leasing, and/or rental of passenger buses or motor coaches.
Business. Any commercial endeavor engaged in the production, purchase, sale, lease, or exchange of goods, wares, or merchandise or the provisions of services.
Business day. Any calendar day, not including Saturdays, Sundays, or legal holidays observed by the county, on which the offices of Escambia County are open for regular business. A business day may also be referred to as a work day or working day.
-C-
Caliper. A standard measure of tree trunk diameter in inches applicable only to newly planted trees and nursery stock. Trunk caliper is measured six inches above the ground on trees four inches in diameter and smaller, and 12 inches from the ground for larger trees. See "Diameter at breast height (DBH)" for the appropriate measure of established trees.
Campground. A place where one or more tents, cabins, or other structures, recreational vehicles, or any other accommodations are established, operated, used, or offered as temporary living quarters or sites for resident members of the public for more than 14 days in any calendar year. See also "Recreational vehicle park."
Canopy. A fixed roof-like structure typically constructed to provide protection from the elements, but not retractable like an awning, and which may be cantilevered from a building, partially self-supporting, or completely freestanding. A tree canopy is the structure of branches and leaves that spread out at the top of a tree to form a cover that intercepts sunlight and rainfall.
Capital improvement. Physical assets constructed or purchased to provide, improve, or replace a public facility and which are typically large scale and high in cost. The costs are generally nonrecurring and may require multiyear financing. Physical assets that have been identified within the comprehensive plan as existing or projected needs shall be considered capital improvements.
Capital improvement program or plan. A proposed schedule of future capital improvement projects listed in order of construction priority, together with cost estimates and anticipated means of financing for each project where appropriate, promulgated by local, regional, state, or federal agencies with operational or maintenance responsibilities within Escambia County.
Cardroom. A facility where authorized games are played for money or anything of value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such facility. Authorized games and cardrooms do not constitute casino gaming operations.
Caretaker residence. A dwelling unit located on the premises of and accessory to a nonresidential principal use, and occupied as a residence by a caretaker or security guard employed on the premises. The residence may be within a building housing the non-residential use or separate from it.
Carnival-type amusement. One or more devices or elements which carry, convey, or direct passengers along, around, over, or through a fixed or restricted course or in a defined area for the primary purpose of giving the passengers amusement or entertainment. The term "carnival-type amusement" includes carousels, bumper cars, go-carts, roller coasters, and Ferris wheels; and water slides and inflatable attractions exceeding 15 feet in height. The term does not include unpowered playground equipment.
Carport. An accessory structure providing limited protection from the elements for motor vehicles, boats, recreational vehicles, etc. The structure can be either freestanding or attached to the principal structure as allowed by applicable building codes.
Cemetery. A place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains. A cemetery may contain earth interment; mausoleum, vault, or crypt interment; a columbarium, scattering garden, or other structure or place used or intended to be used for the interment or disposition of cremated remains; or any combination of such structures or places. The term "cemetery" includes incidental management and maintenance facilities, but does not include funeral establishments or cinerators.
Cemetery, family. A private, nonprofit cemetery owned for the benefit of and devoted to the interment of members of a family, or relatives bound by family or similar personal ties, to the exclusion of the public.
Certificate of concurrency. A formal certification by the county that a development plan complies with all level of service standards for the provision of adequate public facilities concurrent with the proposed demands on those facilities.
Certification. A written statement by an agency or individual which provides reasonable assurance of the existence of some fact or circumstance, but is not a warranty or guarantee of performance, expressed or implied.
Certification, as-built. Certification that post-construction conditions as of the date of certification conform to the approved plans, and that the "as-built" documents convey all revisions and represent the actual construction site conditions.
Change of use. Any use of a structure or land that substantially differs from the previous use, regardless of any change of ownership or tenancy.
Child care facility. Any state licensed child care center or child care arrangement which provides child care for more than five children unrelated to the facility operator and which receives a payment, fee, or grant for any of the children receiving care, whether operated for profit or not. As used here, child care means the care, protection, and supervision of a child for a period of less than 24 hours a day on a regular basis which supplements parental care, enrichment, and health supervision for the child.
Child care facilities do not include summer camps, Bible schools conducted during vacation periods, and transient public lodging establishments providing child care services solely for their guests, and generally do not include public or nonpublic schools or their integral programs.
Cinerator. A facility where human remains are subjected to cremation. As used here, cremation means any mechanical or thermal process whereby such remains are reduced to ashes and bone fragments. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity.
Club, civic or fraternal. A facility owned or operated by a group for social, cultural, religious, educational, or recreational purposes, and to which membership is required for participation, but not primarily operated for profit or to provide a service customarily provided by a business.
Clustering. The grouping of dwellings within a development, primarily to reduce its adverse impacts on the land and preserve additional open space.
Coastal construction control line (CCCL). The line established by the State of Florida according to Florida Statutes, and recorded in the official records of Escambia County, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.
Coastal high-hazard area (CHHA). The area below the elevation of the category 1 storm surge line as established by a sea, lake, and overland surges from hurricanes (SLOSH) computerized storm surge model.
Columbarium. A building or other structure that is substantially exposed above the ground and intended to be used for the inurnment of cremated remains.
Commercial use. Any non-residential use or activity that is typically carried out for the purpose of monetary gain, including any business use or activity at a scale greater than a home occupation. As a land use category, the term "commercial use" refers to land dedicated to non-industrial business uses, including retail sales, office, service, and entertainment facilities.
Common ownership. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association.
Community residential home. A dwelling unit licensed by the state to serve elderly, disabled, juvenile or other state approved clients and which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. A community residential home is a form of household living.
Community service facility. A public or nonprofit facility generally open to the public for assembly and participation in community activities. Community service facilities include auditoriums, libraries, museums, senior centers, union halls and neighborhood centers, but do not include places of worship, for-profit clubs, sports complexes, parks, or offices other than those on-site for administration of the facility.
Compatible. A condition in which land uses, activities or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use, activity, or condition is unduly negatively impacted directly or indirectly by another use, activity, or condition.
Comprehensive plan. The comprehensive plan of Escambia County (part II, Escambia County Code of Ordinances) prepared by the local planning agency and adopted by the board of county commissioners according to Florida Statutes, and any subsequent amendments to that plan.
Concurrency. The condition or circumstance that, at the time new demands are placed on public facilities, facility capacities will meet or exceed the adopted level of service (LOS) standards.
Conditional use. A use that, because of its special requirements or characteristics, may be allowed in a particular zoning district on a specific site only after the board of adjustment confirms compliance with all conditions prescribed by the LDC as necessary to ensure compatibility with surrounding existing or permitted uses.
Condominium. A form of ownership of real property, created according to Florida Statutes, which is comprised entirely of units that may be owned by one or more persons, and in which there are jointly owned and shared areas and facilities.
Condo-hotel or condotel. A hotel or motel under a condominium form of ownership, containing only individual lodging units permanently and wholly dedicated to full-time public rental for transient occupancy, and permanently dedicated in its entirety, including all common elements, to the complete control, management, and operation of a single person or corporation. Such management may, however, permit the owner of an individual unit to occupy the unit without rental charge for limited periods within a calendar year.
Conforming use. Any use of land or structures that complies with all applicable regulations of the LDC and the comprehensive plan.
Construction. The act of building, filling, excavation, or substantial improvement in the size of any structure or the appearance of any land. When appropriate to the context, the term "construction" refers to the act of construction or the result of construction and may include vertical or horizontal improvements to land or structures.
Construction and demolition debris. Discarded materials regulated by the state as construction and demolition debris, generally considered to be nonhazardous and not water-soluble in nature, including steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a structure; and rocks, soils, trees, and other vegetative matter that normally results from land clearing or land development operations. The term "construction and demolition debris" does not apply to any mixture of construction and demolition debris with other types of solid waste.
Convenience store. A small-scale retail establishment, typically with extended hours of operation, that sells a limited line of groceries, household items, and other convenience goods, and which may also sell automotive fuels.
Corner lots. A lot which abuts two or more streets at their point of intersection. There shall be a front yard on one street side of a corner lot; provided, however, that the buildable width of such lot shall not be reduced to less than 30 feet; provided further that no accessory building on a corner lot shall project beyond the setback on any street.
Correctional facility. A public or privately operated facility for the detention or confinement of persons arrested or convicted for the violation of civil or criminal law. Correctional facilities include adult and juvenile detention centers, jails, and prisons.
Country club. A facility primarily for social and outdoor recreation purposes, usually restricted to members and their guests, and which typically includes a clubhouse, dining facilities, pro shop, locker rooms, and recreational facilities such as a golf course, swimming pool, and tennis courts.
County. Escambia County, Florida, excluding those areas within the county that are incorporated as the City of Pensacola or Town of Century, unless the context clearly indicates otherwise.
County attorney. An attorney licensed to practice law in the State of Florida and appointed by the board of county commissioners to serve as the attorney for Escambia County.
Cul-de-sac. A local street with one end open to traffic and the other end terminated by a vehicular turnaround. For the purposes of determining required minimum lot width, the term "cul-de-sac" refers only to the vehicular turnaround at the closed end of the street.
-D-
Day care. The provision of care, protection, and supervision for children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than 18 hours each day, although the day care facility may be open 24 hours each day. See "Adult day care center" and "Child care facility."
dBA. The unit of filtered or corrected noise level measured in accordance with the a weighted scale to more closely replicate the sound frequency response of the human ear and measuring approximately the relative "noisiness" or "annoyance" of common sounds.
Decibel (dB). A standard unit for measuring the relative loudness of sound, or sound pressure, and approximately equal to the smallest degree of difference of that loudness or pressure ordinarily detectable by the human ear.
De minimis. A level of risk that is too small to be concerned with, or a difference that is too small to matter or be taken into consideration. For the purposes of services provided by public facilities having established level of service (LOS) standards, the term "de minimis" refers to a negligible or insignificant demand by a use on a level of service that generally allows the use to be considered concurrent for that facility.
Density. An objective measure of development used to quantify population per unit of land, such as people, dwelling units, or lodging units per acre. The term "density" refers to units per gross acre unless other measures or units are clearly indicated.
Developer. An applicant, builder, contractor, landowner, subdivider, or other person who undertakes development activities regulated by the LDC.
Development. 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 (subdivision). The term "development" does not involve the use of land for bona fide agricultural or silvicultural purposes, including growing crops, trees, and other agricultural or forestry products, or raising livestock. Other specific activities or uses involving or excluded from development are defined in Florida Statutes (ch. 380).
Development agreement. An agreement between a developer and the county for development approval or any other purpose according to Florida Statutes, the comprehensive plan, and the LDC, and in a form approved by the county.
Development approval. Written authorization from the county permitting development subsequent to a demonstration of compliance with the provisions of the LDC and the comprehensive plan by the applicant for development approval.
Development, multifamily. Development in which any combination of single-family, two-family, or multifamily dwellings provide three or more dwelling units on a single lot.
Development, single-family. Development in which only one single-family dwelling is allowed per lot, attached or detached, except where an accessory dwelling unit is allowed with the principal single-family dwelling.
Development, two-family. Development in which only two single-family dwellings or one two-family dwelling is allowed per lot.
Development order. Any order granting, denying, or granting with conditions an application for a building permit, site development, subdivision, rezoning, certification, variance, conditional use, or any other official action of the county having the effect of permitting the development of land.
Development parcel. A lot of record, or a conforming lot verified according to the lot conformance verification process of the LDC, or a lot created in compliance with the family conveyance provisions of the LDC, or any number of such lots, contiguous and in single ownership or under unified control for the purposes of development.
Diameter at breast height (DBH). A standard measure of tree trunk diameter in inches applicable to established trees and measured four and one-half feet above the surface of the ground at the base of the tree. For trees that lean, grow on slopes, fork at or below DBH height, are multi-trunked, or present other difficulties in measurement, DBH shall be determined according to International Society of Arboriculture (ISA) standards. See "Caliper" for the appropriate measure of newly planted and nursery stock trees.
Direct disposition. The cremation of human remains without preparation of the remains by embalming and without any attendant services or rites such as funeral or graveside services or the making of arrangements for such final disposition.
Dispensing organization. An organization approved by the state to cultivate, process, transport and dispense medical cannabis.
Disposal facility. A site where solid waste or debris is disposed of, whether by sanitary landfilling, incineration, treatment, recovery, or recycling, and as further defined by waste type in chapter 82, solid waste, part I, Escambia County Code of Ordinances.
Dock. A fixed or floating structure waterward of the mean high water line and used for water access or securing vessels. A dock may also be referred to as a wharf or pier and include moorings and boatlifts.
Dormitory. A residential building, but not a dwelling, used as group living quarters, typically with shared kitchen and bathroom facilities, for a student body or religious order and accessory to a college, university, boarding school, convent, monastery, or similar institutional use.
Drive-in or drive-through service. A form of customer service that by design, physical facilities, or operations of the providing establishment encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles. Such service may be in conjunction with or exclusive of any other form of service.
Drugstore. A retail establishment that primarily sells prescription and nonprescription drugs, medicines, and medical devices and supplies, but which may also sell nonmedical products such as cards, candy, and cosmetics.
Dry cleaner. A facility primarily for cleaning fabrics, textiles, wearing apparel, or other articles by immersion or agitation in volatile organic solvents.
Dune. A mound or ridge of loose sediments such as quartz sand, deposited by natural or artificial mechanisms on Santa Rosa Island or Perdido Key, and typically vegetated. The term "dune" does not include temporary stockpiles of materials.
Dune, primary. The first natural or manmade dune located landward of the beach with sufficient vegetation, height, continuity, and configuration to offer protective value. The landward extent occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
Duplex. A two-family dwelling.
Dwelling. A building that contains one or more dwelling units and may be characterized as one of the following:
Detached dwelling. A dwelling that does not have any roof, wall, or floor in common with, or is attached by any other means to, another dwelling.
Multifamily dwelling. A building that contains three or more dwelling units in any arrangement, including triplex and quadruplex building forms and apartment and condominium forms of tenancy and ownership.
Single-family dwelling. A building that exclusively contains one dwelling unit, in either detached or attached building form.
Single-family attached dwelling. A single-family dwelling that is attached to one or more other single-family dwellings by common vertical walls without openings, with property lines separating each unit, and with each unit extending from foundation to roof, having its own direct access to the outside, and having yards on at least two sides.
Single-family detached dwelling. A single-family dwelling that is not attached to any other dwelling by any means and is surrounded by open space or yards.
Two-family dwelling (duplex). A building that exclusively contains two dwelling units in any arrangement.
Dwelling unit. One or more rooms used as a single unit within a building to provide complete independent living facilities for the exclusive use of a single household, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
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Easement. A limited right to use the land of another for a specific purpose, typically granted to the benefit of adjoining landowners for public or private access, utilities, drainage, or similar use over an area of land whose title remains in the name of the landowner, subject to the designated right of use.
Educational facility. A public or private institution that provides academic instruction, from basic education to specialized study and training. Educational facilities include preschools and kindergartens, primary and secondary schools, colleges and universities, and trade and vocational schools.
Elevation. A vertical distance above or below mean sea level (MSL) or other fixed reference level. For the purposes of building form, an elevation is a view of a building seen from one side, typically represented through a scaled drawing of the front, rear, or side façade and used to describe the external appearance of the building, including such features as windows, doors, and relationship of floor level to grade.
Emergency service. A service for the emergency protection of public health, safety, or general welfare, and the restoration of safe conditions, including law enforcement, firefighting, medical assistance and transport, search and rescue, and hazardous material cleanup.
Emerald Coast Utilities Authority (ECUA). The independent special district created in the Laws of Florida for the purpose of operating and maintaining utilities within Escambia County and adjacent areas.
Encroachment. Any obstruction or intrusion beyond the plane of a property line, setback, right-of-way, height limit or other vertical or horizontal regulatory limit.
Entertainment. Leisure time activity, indoor or outdoor, that is predominantly spectator oriented and typically provided on a regular schedule, such as the forms of activity provided by theatres, concert halls, nightclubs, sports stadiums, vehicle race tracks, and amusement parks.
Environmentally sensitive lands. Those areas of land or water determined by the board of county commissioners to be necessary to conserve or protect natural habitats and ecological systems. Those areas are specifically enumerated within the natural resources provisions of chapter 4.
Erosion. The process by which rainfall, wind and water dislodges soil particles.
Escrow. A surety posted with the county or an escrow agent to secure the promise to perform required improvements.
Estuarine system. A semi-enclosed coastal body of water in which saltwater is naturally diluted by freshwater, including bays, mouths of rivers, salt marshes, lagoons, and sounds.
Exotic animal. Any member of a species of animal, reptile or bird, warm or cold blooded, that is not indigenous to the county or is not classified or considered as wildlife or a farm animal, including camels, emus, llamas, ostriches, and mink.
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Family day care home. A state licensed occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether operated for profit or not. See "Child care facility."
Family foster home. A state licensed private residence in which children who are unattended by a parent or legal guardian are provided 24-hour care. Family foster homes include emergency shelter family homes and specialized foster homes for children with special needs.
Farm animal. An animal that customarily is raised or kept in an agricultural rather than an urban environment and has the potential for causing a nuisance if not properly maintained, including poultry, dairy and beef cattle, bison, goats, horses, sheep, and swine.
Farm equipment and supply store. A establishment selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.
Fence. A structural barrier constructed as a boundary for separation, confinement, protection, screening, access control, or similar purposes.
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 runoff of surface waters from any source.
Floor area ratio (FAR). An objective measure of the intensity of land use, calculated by dividing the total gross floor area of all structures on a lot by the gross lot area.
Florida Building Code. The family of codes adopted by the Florida Building Commission, applicable to all construction in Escambia County, and including the building, residential, existing building, energy conservation, fuel gas, mechanical, plumbing, test protocols, and accessibility codes.
Footprint. The building area defined as the maximum combined area occupied by all principal and accessory buildings, including elevated above grade parking facilities, taken on a horizontal plane at the mean grade level, plus the outermost projections of any story or floor, but not including uncovered entrance platforms, terraces, steps or uncovered ground level parking lots.
Fraternity or sorority house. A residential building, but not a dwelling, used as the group living quarters of an officially recognized college, university or seminary fraternity or sorority and containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for members of the fraternity or sorority, and their guests or visitors.
Freestanding sign. Any sign that stands on its own, not attached to a building or a fence, including pole signs, monument signs, and portable signs.
Funeral establishment. A state licensed facility where a funeral director or embalmer practices funeral directing or embalming. The facility may include a chapel for the conduct of funeral services and space for the display of caskets, urns, and related funeral supplies, but the term "funeral establishment" does not include cinerators or places for the permanent interment of human remains or cremated remains.
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Garage. A structure or part of a structure used or designed to be used for the parking and storage of vehicles, and limited to noncommercial use if a private garage.
Golf course. A facility providing a course with at least nine holes improved with tees, greens, fairways, and hazards for playing a game of golf. A golf course may include a club house, driving range, pro shop, restaurant, lounge, shelters, and similar customary and accessory uses to the play of golf.
Grade. The level, contour, or slope of the finished or natural surface of the ground.
Grading. The act of changing the grade of land.
Greenbelt. An open area that may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area.
Grocery or food store. A retail establishment selling a variety of prepackaged food products, staple foodstuffs, household supplies, and fresh food items such as meat, produce, and dairy products.
Gross floor area (GFA). The sum of all horizontal areas of all enclosed floors of a building measured from the exterior face of exterior walls, or from the centerline of a common wall separating two buildings, including basement and attic floors, mezzanines, hallways, closets, stairwells, space devoted to mechanical equipment, and enclosed porches. Gross floor area excludes interior parking spaces and any space with a floor-to-ceiling height less than six feet.
Groundwater. Water that fills all the unblocked voids of material below the ground surface to an upper limit of saturation, or water which is held in the unsaturated zone by capillarity.
Group home. A state licensed residential facility which provides a family living environment for at least four, but not more than 15 residents, including supervision and personal care necessary to meet the physical, emotional, and social needs of the residents.
Group living. Residential occupancy of a building other than a dwelling by a non-household group, with individual tenancy usually arranged on a monthly or longer basis.
Group living includes group occupancy of dormitories, fraternity or sorority houses, and facilities that provide special services, treatment, or supervision such as nursing homes, assisted living facilities, and residential substance abuse treatment and hospice facilities. Group living does not include any household living arrangement, any occupancy of a dwelling, or any public lodging.
Grubbing. The removal of vegetation by methods such as digging, raking, dragging or otherwise disturbing the roots of the understory vegetation.
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Habitable floor. A floor usable for living, working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor usable only for storage purposes is not a habitable floor.
Hardware store. A retail establishment primarily selling basic hardware lines, such as tools, fasteners, plumbing and electrical supplies, paint, housewares, household appliances, and garden supplies.
Hazardous material. A poison, corrosive agent, flammable substance, explosive, radioactive chemical, or any other material that can endanger human or animal health or well-being if handled improperly.
Hazardous waste. Solid waste, or a combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term "hazardous waste" does not include human remains that are disposed of by persons licensed under Florida Statutes.
Height. The overall vertical dimension of a structure or object as measured from the highest adjacent grade, unless an alternative reference surface or elevation is specifically prescribed by the LDC, such as base flood elevation plus freeboard, airport or airfield elevation, or mean high water to mean roof height or top of structure.
Height, mean roof. The average of the roof eave height and the height to the highest point on the roof surface, except that eave height shall be used for roof angle of less than or equal to ten degrees (0.18 rad).
Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls or foundation of a structure.
Historic/cultural resource. Any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value, and folk life resources. These properties or resources may include monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, treasure trove, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof, relating to the history, government, and culture of the state.
Historic building or structure. A building or other structure that is any of the following: Individually listed in the National Register of Historic Places maintained by the U.S. Department of the Interior.
1.
A contributing property in a National Register of Historic Places listed district.
2.
Designated as historic property under an official municipal, county, special district, or state designation, law, ordinance or resolution either individually or as a contributing property in a district.
3.
Determined eligible by the Florida State Historic Preservation Officer for listing in the National Register of Historic places, either individually or as a contributing property in a district.
Home-based business. An activity carried out for the purpose of monetary gain by one or more residents of a single-family dwelling and conducted as an accessory use within the dwelling or its accessory structures at a greater scale or intensity than a home occupation according to the requirements of the LDC for such uses.
Homeless shelter. A nonresidential facility providing temporary housing and assistance on a nonprofit basis to indigent, needy, homeless, or transient persons. Assistance provided may include food, counseling, vocational training, and religious instruction.
Home occupation. An activity carried out for the purpose of monetary gain by one or more residents of a dwelling unit and conducted as an accessory use within the dwelling unit or its accessory structures according to the requirements of the LDC for such uses.
Hospice facility. A state licensed facility operated by a hospice to provide a continuum of palliative and supportive care for terminally ill patients. Hospice facilities do not include long-term care facilities, hospitals or other facilities licensed under other state statutes.
Hospital. An establishment that offers services more intensive than those required for room, board, personal services, and general nursing care; offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy; and regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for medical treatment as required by the state. The term "hospital" excludes medical clinics that only provide diagnostic and outpatient care.
Hotel. A public lodging establishment which contains sleeping room accommodations for 25 or more guests, has an interior lobby with specified hours of operation, offers daily or weekly rates, provides primary access to units from the building interior, provides customary lodging services such as daily room cleaning and linen changes, and is recognized by the hospitality industry as a hotel. Full service hotels may provide meeting rooms, restaurants and lounges, entertainment, personal services, swimming pools, retail shops, and other facilities and services incidental and subordinate to the principal public lodging use. Resort hotels catering to the tourist and vacation industry often provide a wider variety of recreational amenities. Extended stay hotels catering to guests who need lodging for at least five nights offer more apartment-like accommodations and amenities.
Household. One or more individuals occupying a dwelling unit as a single housekeeping unit, with common access to and use of all areas for living, sleeping, eating, cooking and sanitation within the unit. A household does not include any society, club, fraternity, sorority, team, or similar association of individuals; or individuals in a group living arrangement; or any occupancy other than of a dwelling unit.
Household living. Residential occupancy of a dwelling unit by a household on a monthly or longer basis. Household living includes household occupancy of all forms of dwellings and households that provide special services, treatment, or supervision such as community residential homes, family foster homes, and adult family-care homes. Household living does not include any group living arrangement, any occupancy other than of a dwelling unit, or any public lodging.
Hunting club. An area of land reserved for public or private hunting of wildlife and accessory structures in support of those activities.
Hunting preserve. An area of land where captive-raised native and non-native game animals are released and hunted as authorized by state regulations.
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Impervious surface. Any surface that does not allow or only minimally allows the infiltration of water. Such highly impermeable surfaces include structure roofs, regular concrete and asphaltic pavements, and other surfaces for which runoff coefficients no less than 0.90 are typically used for stormwater management calculations.
Impervious surface ratio. An objective measure of the intensity of land use determined by dividing the total area of all impervious surfaces covering a lot by the total area of the lot.
Improvement. Any manmade permanent item, fixture, or facility that becomes part of, is placed upon, or is affixed to real property, including structures, street and alley pavements, curbs and gutters, walkway pavements, water supply mains, sanitary sewers, storm sewers or drains, permanent signs, landscaping, and permanent reference monuments and control points.
Industrial-related activity. An activity in support of or accessory to industry.
Industry or industrial use. A use in which the primary activity is the manufacture of materials or products, including their fabrication, assembly, rebuilding, treatment, processing, finishing, extraction, reduction, and bulk storage. Industry or industrial use may be further characterized as either of the following:
Heavy industry. An industry primarily engaged in the basic processing of materials or products predominantly from extracted or raw materials, or an industry otherwise having significant external effects or risks due to its scale of operations, processes or materials involved, or outdoor activity or storage required. Heavy industry includes salvage yards, solid waste transfer facilities, materials recovery facilities, recovered materials processing facilities, recycling facilities, resource recovery facilities, volume reduction plants, landfills, concrete and asphalt batch plants, mineral extraction, paper mills, power plants, chemical plants, refineries, slaughter houses, rendering plants, etc.
Light industry. An industry primarily engaged in the indoor fabrication, compounding, processing, assembly, or treatment of finished or semi-finished products from previously prepared materials or components in a manner which is unlikely to cause undesirable effects outside of the building enclosing the industrial activity. Light industry includes research and development activities, printing and binding, warehousing, and the manufacture of electrical appliances and electronic equipment, apparel, food products, beverages, tools and hardware, furniture, pharmaceuticals, etc.
Infill development. The development of new housing or other land uses on vacant or underutilized land in existing developed areas, focusing on the reuse and renovation of obsolete or underutilized buildings and sites.
Infrastructure. Facilities and services needed to sustain land use activities, including streets, potable water service, wastewater service, solid waste facilities, stormwater management facilities, power grids, telecommunication facilities, and public schools.
Intensity. An objective measurement of the extent to which land may be developed or used, including the consumption or use of space above, on, or below the ground; the use of or demand on natural resources; and the use of or demand on facilities or services.
Invasive species. A non-indigenous or exotic species that is not native to the ecosystem under consideration and that has the ability to establish self-sustaining, expanding, free-living populations that may cause economic and/or environmental harm, or harm to human health.
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Junkyard. See "salvage yard."
Kennel. A facility in which domestic animals not owned by the owner or occupant of the facility are housed, boarded, or trained for a fee or compensation, or where domestic animals are bred or raised for sale. A kennel may include grooming incidental and subordinate to the principal use, but not activities accessory to agricultural use.
Kindergarten. An educational facility that provides academic instruction to children in preparation for admittance to elementary school first grade, and as further defined by Florida Statutes.
Laboratory. A facility for scientific research, analysis, investigation, testing or experimentation, but not for the manufacture or sale of products.
Land clearing. The act of removal or destruction of trees, brush, and other vegetative cover on a site, but not including normal cultivation associated with agricultural operations, or mowing, pruning, or other routine landscaping or lawn maintenance activities.
Land clearing debris. Rocks, soils, and trees and other vegetative matter that normally results from land clearing or site development operations, but not including waste from landscape maintenance, right-of-way or easement maintenance, farming operations, nursery operations, or any other sources not directly related to the land clearing or site development.
Land Development Code (LDC). The land development code of Escambia County, Florida (part III, Escambia County Code of Ordinances) as the assembled land development regulations of the county prepared by the local planning agency and adopted by the board of county commissioners according to Florida Statutes.
Land disturbance. Any activity involving the clearing, cutting, excavating, filling, or grading of land, or any other activity that alters land topography or vegetative cover.
Landfill. A disposal facility that requires state permitting and engineered environmental protection systems for the placement of wastes. Landfills do not include land-spreading sites, surface impoundment, injection wells, or construction and demolition debris or land clearing debris disposal facilities with separate permitting requirements.
Landscape area. Pervious areas of preserved or installed living plants, including trees, shrubs, ground cover, and turf grass that may be supplemented with mulch, bark, decorative rock, timbers, stepping stones, and similar customary and incidental non-living materials, excluding any area of vehicular use.
Land use. The development that has occurred on the land, the development that is proposed for the land, or the use that is permitted or permissible on the land under the comprehensive plan and LDC, as the context may indicate.
Level of service. 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 and indicating a capacity per unit of demand for the facility.
Liner building. A relatively shallow building specifically designed to conceal the side of a parking lot, parking garage, big-box retail, or other structure or area along a public frontage and create spaces occupied by restaurants, shops, and other uses more engaging to passersby.
Lodging unit. One or more rooms used as a single unit of lodging space rented to the public in a public lodging establishment.
Long-term care facility. A nursing home facility, assisted living facility, adult family-care home, board and care facility, or any other similar residential adult care facility.
Lot. The least fractional part of subdivided lands having limited fixed boundaries and assigned a letter or number by which it may be identified. The term "lot" shall include the words "plot," "parcel," or "tract."
Lot, corner. A lot having frontage on two or more streets at their intersection.
Lot, frontage. Those sides of a lot abutting a street right-of-way.
Lot line. A property line bounding a lot and separating it from another lot, street right-of-way, or any other public or private land. A lot line shall be one of the following:
Front lot line. A lot line separating a lot from a street right-of-way other than an alley or, in the absence of a right-of-way, the lot line designated by the county as forming the front of the lot and from which the front setback of the lot is measured.
Rear lot line. A lot line generally opposite and most distant from the front lot line, and from which the rear setback of the lot is measured.
Side lot line. Any lot line that is not a front or rear lot line.
Lot of record. A lot that is part of a subdivision that has been recorded in the official records of Escambia County, or a lot or parcel described by metes and bounds, and the description of which has been so recorded or accepted on or before April 16, 2015. A lot of record does not include contiguous multiple lots under single ownership.
Lot, waterfront. A lot abutting a navigable water body that is under daily tidal influence. Along any part of the boundary, the lot may be separated from the water body by encroachments that include easements, rights-of-way, and public shoreline access, but the lot may not be separated from the water body by a dedicated road or by more than ten feet of land under different ownership.
Low-tetrahydrocannabinol or low-THC cannabis. A plant of the genus cannabis, the dried flower of which contain 0.8 percent or less tetrahydrocannabinol and more than ten percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization.
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Manufactured building. A closed structure, building assembly, or system of subassemblies which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured for installation or erection, with or without other specified components, as a finished building or as part of a finished building. Manufactured buildings include residential, commercial, institutional, storage or industrial structures constructed according to state standards, but do not include manufactured (mobile) homes.
Manufactured (mobile) home. A complete, factory-built, single-family dwelling constructed in conformance with federal Manufactured Housing Construction and Safety Standards (the HUD Code) and transportable in one or more sections on a permanent chassis for site installation with or without a permanent foundation. The term "mobile home" refers to any manufactured home built prior to June 15, 1976 when the HUD Code became effective. Manufactured homes do not include manufactured buildings, modular homes or recreational vehicles.
Manufactured (mobile) home park. A multifamily residential use of an individually owned parcel of land within which lots or spaces are offered for rent or lease for the placement of five or more manufactured (mobile) homes.
Manufactured (mobile) home subdivision. A residential subdivision of individually owned lots created according to the provisions of the LDC for the exclusive use of manufactured (mobile) homes.
Manufacturing. The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.
Marijuana. Marijuana shall mean cannabis as defined in F.S. § 893.02(3). The term shall include "low-THC cannabis" and "medical cannabis" as defined in F.S. § 381.986, as amended.
Marina. A facility for the mooring, berthing, storing, or securing of watercraft, and which may include other services such as sales of boat supplies and fuel, boat repair and rental, and other uses incidental to the primary use. A marina may be classified as one of the following:
Commercial marina. A public use marina which may include upland marina support facilities for the servicing or repairing of watercraft, but does not include the activities of industrial marinas.
Industrial marina. A marina which provides slips or moorings for major work on watercraft, such as construction or rebuilding of boats, installations of new bottoms, substantial structural additions, or alterations.
Private marina. A marina that is an amenity to a private residential development, such as a subdivision or multifamily dwelling, and not for public use.
Marquee. A permanent roofed structure attached to and supported by a building, and projecting into public right-of-way, typically above an entrance to provide protection from the elements.
Materials recovery facility (MRF). A solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
Mausoleum. A building or other structure that is substantially exposed above the ground and used for the entombment of human remains.
Mean high water (MHW). The average height of the high waters over a 19-year period; or for shorter periods of observation, the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19-year value.
Mean sea level (MSL). The average height of the surface of the Gulf of Ameriva for all stages of the tide, or the mean between high and low tides as established by the North American Vertical Datum (NAVD) of 1988.
Medical cannabis. All parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed from a dispensing organization for medical use by an eligible patient, as defined by Florida Statutes (2018), as amended.
Medical marijuana or medical cannabis dispensing facility. Means any building or structure where low-THC or medical cannabis is permitted to be dispensed at retail by an approved dispensing organization pursuant to Section 381.986, Florida Statutes (2018) as amended, and Florida Department of Health Rules.
Medical clinic or office. A facility, other than a hospital, providing medical diagnostic and treatment services to patients not requiring an overnight stay. Such clinics and offices commonly have laboratory facilities and include doctor's offices, diagnostic centers, treatment centers, rehabilitation centers, and establishments providing surgical and psychiatric services and emergency treatment.
Medical services. Professional services concerning human health maintenance and the diagnosis and treatment of disease, injury, pain, and other adverse health conditions. Medical services include the principal services provided by hospitals, clinics, doctor's offices, diagnostic facilities, medical laboratories, blood donation centers, and other human health care facilities.
Medical use. Means the administration of the ordered amount of medical cannabis, as defined by Florida Statutes (2018), as amended. Medical use does not include the: Possession, use, or administration of medical cannabis by smoking; or the transfer of medical cannabis to a person other than the qualified patient for whom it was ordered or the qualified patient's legal representative authorized to receive it on the qualified patient's behalf; or use or administration of medical cannabis on any form of public transportation, in any public place, in a qualified patient's place of employment, if restricted by his or her employer, in a correctional institution, on the grounds of any child care facility, preschool, or school, or in any vehicle, aircraft, or motorboat.
Metes and bounds. A system of describing and identifying land by distances or measures (metes) and bearings or direction (bounds) from an identifiable point of reference, such as a monument or other marker or the corner of intersecting roads.
Microbrewery, microdistillery, microwinery. A facility in which beer, wine or other alcoholic beverages are brewed, fermented, or distilled for distribution. Tasting rooms for the consumption of on-site produced beer, wine, or distilled products are permitted on the premises and must possess the appropriate license from the State of Florida.
Mineral extraction. Extraction of minerals from the earth, including rock, gravel, sand, clay, oil, and gas, and any overlying materials extracted for the purpose of reaching underlying minerals. The term includes all associated clearing, grading, construction, processing, transportation, and reclamation on the extraction property.
Mini-warehouse. See "Self-storage facility."
Mitigation. Methods used to alleviate, lessen, or compensate for adverse impacts.
Mixed-use development. The development of a tract of land or structure with a variety of complementary and integrated uses, including residential, office, retail, entertainment, recreation, and manufacturing, typically in a compact urban form.
Mobile home. See "Manufactured (mobile) home."
Mobile vending unit. A motorized or non-motorized vehicle or portable structure used to store, prepare, or serve food or beverages to the public, or to store, distribute, or sell merchandise, goods, or wares to the public.
Model home. A dwelling unit temporarily used for display purposes as an example of the homes available or to be available for sale in a specific subdivision or offered by a specific builder.
Modular home. A dwelling constructed on site in compliance with the Florida Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home may also be referred to as a manufactured residential building.
Motel. A public lodging establishment which offers at least six rental units and daily or weekly rates; has a central office on the property with specified hours of operation; provides each rental unit with a bathroom or connecting bathroom, an exit to the outside, and off-street parking; and is recognized as a motel by the hospitality industry. Motels may provide facilities and services incidental and subordinate to the principal public lodging use.
Motorsports facility. A closed-course speedway or racetrack designed and intended for motor vehicle competition, exhibitions of speed, or other forms of entertainment involving the use of motor vehicles, including motorcycles. For these purposes, a closed course is a prescribed and defined route of travel that is not available at any time for vehicular access by the general public and is closed to all motor vehicles other than those of participants.
Motor vehicle. Any self-propelled vehicle not operated upon rails or a guideway and designed primarily for the transportation of persons or property along public streets. Motor vehicles include automobiles, vans, motorcycles, buses, trucks, and recreational vehicles, but do not include bicycles, motorized scooters, mopeds, or farm and construction equipment.
Motor vehicle service and repair, major. General repair, rebuilding or reconditioning of motor vehicles, engines, or trailers, including body work, frame work, welding, and painting.
Motor vehicle service and repair, minor. The repair, servicing or replacement of any part of an automobile, van, light truck (gross vehicle weight rating no more than 8,500 pounds), motorcycle, recreational vehicle or other consumer vehicle that does not require the removal of the engine, engine head or pan, transmission, or differential, and does not include painting and body work. Minor services and repairs include cooling, electrical, fuel and exhaust systems; suspensions, brakes, wheels and tires; oil and lubrication; and upholstery, trim and accessories.
Multi-tenant development. Any shopping center, office complex, business park or other nonresidential development in which two or more occupancies abut each other or share common parking facilities or driveways or are otherwise related on a development parcel.
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Native vegetation. Indigenous, naturally occurring plants, adapted to county climate and soil conditions as determined through authoritative reference guides such as the Florida-Friendly Plant List, University of Florida, IFAS Extension.
Natural resources. Resources provided by the natural environment, including air, water, soils, wetlands, beaches, flood plains, forests, fisheries, wildlife, and any other such resource identified by Florida Statutes for conservation and protection.
New construction. Structures or improvements for which the start of construction commenced on or after the effective date of the LDC.
Nightclub. An establishment that allows or provides music, dancing, or entertainment in combination with the activities of a bar.
Noncommercial. Any activity not done for a commercial aim.
Nonconforming or nonconformance. The status of any use, structure, site condition, or lot that was lawfully established prior to the adoption or amendment of county land development regulations, and maintained since that establishment, but fails by reason of such adoption or amendment to comply with current land development regulations. Nonconformance may also be referred to as a "grandfathered" status, but such status does not signify unlimited continuation of nonconformance or protection of any unlawful noncompliance with regulations.
Nonresidential farm building. Any temporary or permanent building or support structure that is used primarily for agricultural purposes, is located on land that is an integral part of a farm operation or land classified as agricultural land by the county property appraiser, and is not intended to be used as a residential dwelling. Nonresidential farm buildings include barns, greenhouses, shade houses, farm offices, storage buildings, and poultry houses.
Nonresidential use. A use characterized by the absence of residences and the presence of principal land uses that include retail sales and service, office, commercial, industrial, civic, or recreation uses.
Nursery or garden center. An establishment for the growing, cultivation, storage, or sale of flowers, shrubs, trees, or other plants. Wholesale nurseries typically supply landscapers, builders and retail nurseries, but may include incidental retail sales. Retail nurseries may include sales of fertilizers, soils, garden tools, and similar accessory products.
Nursing home. A state licensed facility, including a private home, which provides nursing services for a period exceeding 24 hours for persons not related to the facility owner or manager, who by reason of illness, physical infirmity, or advanced age require such services. Skilled nurses and nursing aides are present 24 hours a day, but the term "nursing home" does not include any place providing care and treatment primarily for the acutely ill.
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Off-highway vehicle. Any all-terrain vehicle, two-rider all-terrain vehicle, recreational off-highway vehicle, or off-highway motorcycle as defined by the state that is used off the roads or highways of the state and that is not registered and licensed for highway use under state statutes.
Off-site. Located outside the lot or parcel boundary of the principal use.
Off-site parking. Parking provided for a specific use but located on a site other than the one on which the use is located, including parking located on the same lot or parcel but separated by a street or other physical barrier from the use it serves.
Off-street parking. Parking provided for a specific use, directly accessible from a drive aisle, and not located within a street right-of-way.
On-site sewage treatment and disposal (OSTD) system. A system that contains a standard subsurface, filled, or mound drainfield system; an aerobic treatment unit; a graywater system tank; a laundry wastewater system tank; a septic tank; a grease interceptor; a pump tank; a solids or effluent pump; a waterless, incinerating, or organic waste-composting toilet; or a sanitary pit privy that is installed or proposed to be installed beyond the building sewer on land of the owner or on other land to which the owner has the legal right to install a system. OSTD systems do not include package sewage treatment facilities and other treatment works regulated separately under Florida Statutes.
Open space. Land or portions of land preserved and protected, whether public or privately owned, and perpetually maintained and retained for active or passive recreation, for resource protection, or to meet lot coverage requirements. Open space includes required yards, developed recreation areas and improved recreation facilities, natural and landscaped areas, and common areas.
Outdoor storage. See "Storage, outdoor or outside."
Owner. Any person having legal or equitable title to, or sufficient proprietary interest in, any property. For the purposes of the LDC, the term "owner" includes any agent authorized by the owner, unless the context clearly indicates otherwise.
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Parcel. A unit of land within legally established property lines, or a lot or contiguous group of lots, in single ownership or under single control, and considered a unit for purposes of development.
Pari-mutuel or pari-mutuel wagering. A system of betting on races or games in which the winners divide the total amount bet, after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds assigned to particular outcomes.
Pari-mutuel facility. The grounds or property of a cardroom, racetrack, fronton, or other facility used by a licensed permitholder.
Park. Any public or private land that is predominantly open space with natural vegetation and landscaping, and used primarily for active or passive not-for-profit recreational purposes.
Parking lot. An open area at ground level providing off-street parking spaces, excluding residential driveways.
Parking lot, commercial. A parking lot that is not an accessory use to any other use and provides parking for a fee.
Park trailer. A type of recreational vehicle constructed on a single chassis to American National Standards Institute (ANSI) or U.S. Department of Housing and Urban Development (HUD) standards, consisting of a transportable unit with body width not exceeding 14 feet, designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances, and as may otherwise be defined by Florida Statutes.
Pawnshop. Any location at which a pawnbroker conducts the business of making pawns; that is, providing any advancement of funds on the security of pledged goods on condition that the pledged goods are left in the possession of the pawnbroker for the duration of the pawn and may be redeemed by the pledgor on the terms and conditions of the pawn.
Pensacola Beach. That part of Santa Rosa Island under the jurisdiction of the board of county commissioners of Escambia County, Florida.
Perdido Key. The barrier island and coastal areas extending westward from Pensacola Pass to the Florida/Alabama state line.
Permitted use. Any use authorized or of right in a particular zoning district or land use category.
Personal services. Nonmedical retail services involving the care of a person or his personal goods or apparel, such as the services of a barber shop, beauty or tanning salon, health club or spa, pet groomer, laundromat or dry cleaner, tailor, psychic reader, or tattoo parlor, but not including, repair services or professional services as defined in this chapter.
Pervious surface. Any surface that easily allows the infiltration of water. Such permeable or porous surfaces include natural or landscaped vegetation and other surfaces for which runoff coefficients no greater than 0.25 are typically used for stormwater management calculations.
Pier. See "Dock."
Place of worship. A building that is used primarily for worship or religious assembly on a regular basis and may include related facilities such as classrooms and administrative offices, but does not include facilities used exclusively for residences, schools, day care, shelter, recreation or other uses not normally associated with worship. Places of worship include churches, chapels, cathedrals, synagogues, temples, and mosques.
Planned unit development (PUD). An process for providing flexibility in LDC regulations governing the planning and design of subdivisions that permits and encourages greater creativity for the mutual benefit of developers and the public not anticipated by the strict application of those regulations.
Planning board. The advisory authority appointed by the board of county commissioners to serve as the local planning agency (LPA) for Escambia County, and whose scope of authority and specific duties are established within the comprehensive plan and LDC.
Plat. A map or delineated representation of the subdivision of land, being a complete, exact representation of the subdivision and including other information in compliance with the requirements of the LDC and Florida Statutes (chapter 177, part 1).
Porch. A roofed structure attached to a building and open on two or more sides which may be screened, and having direct access to or from the building.
Portable storage container. Any container, pod, trailer or other unit that is designed to temporarily store items and to be transported to and stored off-site, typically by a private moving or storage company at a centralized warehouse. The term "portable storage container" does not include solid waste dumpsters or tool sheds.
Positive drainage outfall. A conveyance system with adequate capacity to contain, control, and transmit stormwater from the site directly to and through any approved county or state department of transportation drainage system having sufficient capacity, or to a creek, stream, river, bay, gulf, ocean, or other contiguous wetlands (not including isolated wetlands) all classified as waters of the United States.
Post-incarceration reentry facility. A facility providing assistance with substance abuse, mental and physical health issues, job training and placement, and other services to individuals reentering communities from correctional facilities.
Power plant. An electrical power generation facility operated by a public utility or independent power producer that converts one or more energy sources to provide electricity to the electrical transmission grid and distribution system. The term "power plant" refers to an industrial facility and does not include small-scale generation systems of customers that may sell surplus power back to the franchised power provider through their metered service.
Predominantly commercial development. Development for which more than two-thirds of the development parcel area and more than two-thirds of all gross floor area within the parcel is devoted to commercial use.
Predominantly residential development. Development for which more than two-thirds of the development parcel area and more than two-thirds of all gross floor area within the parcel is devoted to residential use.
Premises. Any parcel together with any improvements thereon.
Primary dune. The first natural or manmade dune located landward of the beach with sufficient vegetation, height, continuity, and configuration to offer protective value to upland property. The landward extent occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
Prime farmland. One of several classes of land defined in the Soil Survey of Escambia County, Florida, U.S. Department of Agriculture, as having the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and available as cultivated land, pastureland, forestland or other lands not built upon or urbanized.
Principal structure. The structure that is occupied by or otherwise defines the principal use of a parcel.
Principal use. The main or predominant purpose for which a structure or parcel of land is used, occupied, maintained, designed, arranged, or intended, as distinguished from an accessory use.
Processing. As applicable to solid waste, any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport; amenable to recovery, storage, or recycling; safe for disposal; or reduced in volume or concentration.
Professional services. Specialized work by members of recognized professions trained and engaged in such work for a career, typically requiring a license or other legal authorization to perform, and predominantly provided on the premises of an office or clinic. Professional services include the work of insurance agents, realtors, bankers, accountants, stock brokers, financial advisors, engineers, architects, land surveyors, dentists, physicians, therapists, attorneys, and other professionals, but do not include the provision of "personal services" as defined in this chapter.
Prohibited use. Any use not identified as a permitted or conditionally permitted use by the applicable zoning district, and not otherwise determined to be such a permitted use according to the use classification provisions of the LDC.
Property line. The recorded boundary of a lot or other tract of land.
Protected tree. A living tree that, according to the provisions of the LDC, cannot be removed or otherwise willfully harmed without first obtaining appropriate authorization from the county.
Pruning. The act of removing tree branches, limbs, or roots to remedy a hazard or to maintain or improve the form or health of a tree, performed in a careful and systematic manner according to standard arboricultural practices so as not to damage other parts of the of the tree or other trees. Standard practices include those outlined in American National Standards Institute (ANSI) standard A300, Part 1-2001, Tree Care Operations — Tree, Shrub and Other Woody Plant Maintenance — Standard Practices.
Public facilities. Major capital improvements, including transportation, sanitary sewer, solid waste, stormwater management, potable water, educational, and recreational facilities.
Public lodging establishment. A unit, group of units, building, or group of buildings within the same complex which is rented to guests as a transient accommodation (more than three times in a calendar year for periods less than 30 days), rented as a non-transient accommodation (for periods of at least 30 days), or is advertised or offered to the public as a place regularly rented to guests for such accommodations. Public lodging establishments include hotels, motels, resort condominiums, bed and breakfast inns, and boarding or rooming houses, but do not include dormitories, campgrounds, or recreational vehicle parks.
Public use airport. An airport, publicly or privately owned, licensed by the state, which is open for use by the public.
Public utilities. See "Utilities, public."
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Quadruplex. A four-unit multifamily dwelling.
Quasi-judicial hearing. A public hearing before an administrative board or official held to obtain testimony or comment regarding the application of adopted policy to a specific development application or land use decision, and subject to specific due process procedural requirements to assure fact-based decisions by the board or official.
Reclamation. The restoration or rehabilitation to useful purposes and safe and healthful conditions of lands adversely affected by mining, excavation, erosion, land clearing, or other processes. Reclamation may include filling, reshaping, revegetation and other activities to achieve the long-term stability of the affected lands and protection of surrounding uses and natural resources.
Record drawings. Construction drawings certified by the engineer of record and provided to the county for the purpose of documenting improvements as actually constructed.
Recovered materials. Metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation. Recovered materials as described here are not solid waste and does not include materials destined for any use that constitutes disposal.
Recovered materials processing facility (RMPF). A facility engaged solely in the storage, processing, resale, or reuse of recovered materials.
Recreation, active. Leisure time activity, indoor or outdoor, that usually requires some constructed facilities, is typically structured and organized to take place at prescribed places, and is usually performed with others. Active recreation uses include campgrounds, recreational vehicle parks, off-highway vehicle trails, shooting ranges, swimming pools, ice and roller skating rinks, baseball and other sport fields, skateboard parks, bowling lanes, tennis courts, golf courses, and playgrounds.
Recreation, passive. Leisure time activity that generally does not require a developed site, has minimal impact on the recreation site, typically involves existing natural resources or amenities, and has low potential for nuisance to adjacent properties. Passive recreation uses include walking, jogging, hiking, primitive camping, bird watching, bicycling, board and table games, and picnicking.
Recreational vehicle. A motor vehicle primarily designed as temporary living quarters for recreational, camping, or travel use and which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicles include travel trailers, camping trailers, truck campers, motor homes, private motor coaches, park trailers, and other vehicles as defined in Florida Statutes.
Recreational vehicle park. A place set aside and offered for the parking, accommodation, or rental of five or more recreational vehicles or tents used as seasonal or temporary living quarters for six months or less. See also "Campground."
Recycling. Any process by which solid waste, or materials that would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
Redevelopment. The removal and replacement, rehabilitation, or adaptive reuse of an existing structure or structures, or the rehabilitation or adaptive reuse of land from which previous improvements have been removed.
Registered professional. A professional registered or licensed by and in the State of Florida and who possesses the expertise and experience necessary for the competent preparation, submittal and certification of documents and materials, and performing of other services required in support of permitting, constructing, altering, inspecting, and operating a proposed or existing regulated use. Registered professionals include engineers, architects, surveyors and mappers, and geologists.
Repair services. Services to mend or restore items after their extended use, decay, breakdown, damage, or partial destruction. Repair services include motor vehicle repair, bicycle repair, appliance and electronic device repair, gunsmiths, locksmiths, upholstery services, furniture refinishing and repair, small engine and motor repair, and watch, clock and jewelry repair, but do not include construction trades or building repair activities.
Research facility. A facility for the conduct of investigation, study, examination, development, testing, and similar inquiries in various fields of science and engineering.
Residential use. Any regular use of a building by its occupants as a permanent home or place of abode, whether for household living or group living. Residential uses include single-family detached or attached dwellings, two-family and multifamily dwellings, dormitories, and nursing homes, but do not include any public lodging, tents, tourist cabins, day care, hospitals, correctional facilities, homeless shelters, or recreational vehicles.
Resort. A facility for transient guests where the primary attractions are recreational features or activities.
Resource recovery. The process of recovering materials or energy from solid waste, excluding those materials or solid waste under the control of the Nuclear Regulatory Commission.
Restaurant. A retail establishment in which the principal use is the preparation and sale of food and beverages, typically served and consumed on the premises and within the principal building, but also including take-out, fast food, drive-in and other forms of service and consumption.
Restrictive covenants. Private restrictions recorded with a subdivision plat or parcel deed which limit or otherwise govern the use, intensity, and development patterns of the land within the subdivision or parcel for a specified time.
Retail sales. The direct selling or renting of new or used goods or merchandise primarily to the general public for personal or household use or consumption, but also to businesses and other end users, and the provision of services incidental to such sales or rentals. Retail trade is characterized by an establishment that is usually a place of business and engaged in activity to attract buyers, that buys and receives as well as sells merchandise, that sells to customers for their own use, and that may process or manufacture some products incidental or subordinate to the principal selling activities.
Retail services. Services provided directly and primarily to the general public for personal or household use, but also to business and industry, and including products that are incidental to the services and usually consumed on the premises. The term "retail services" includes restaurants, public lodging, personal services, professional services, and repair services.
Rezone or rezoning. An amendment to the Official Zoning Map of Escambia County to effect a change in the adopted zoning district of a designated parcel or land area.
Right-of-way. An area of land occupied or intended to be occupied by a street, walkway, railroad, utility, drainage facility, or similar use. For the purposes of platting, the term "right-of-way" refers to land that is separate and distinct from adjoining parcels. Most generally, the term refers to the specific right of a person to pass over the land of another.
Road or roadway. See "Street."
Riverine system. A generally linear aquatic community of non-tidal waters with a discrete channel, including rivers, tributaries, creeks, and intermittent streams. The landward extent of a riverine system is defined by ordinary high water.
Runway. The defined area on an airport or airfield prepared for landing and takeoff of aircraft along its length.
Runway protection zone. An area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground.
Rural. A sparsely developed area where most land is undeveloped or primarily used for agricultural purposes.
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Salvage yard. An industrial facility or area for the collection, storage, sale or exchange, disassembly, shredding, compaction, bailing, or other handling of scrap or discarded material or equipment for salvage, including metals, paper, rags, tires, bottles and cans, motor vehicles, machinery, appliances, and structural steel.
Sand dune. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
Screened or screening. A method of visually shielding or obscuring a structure or use from view by fencing, walls, berms, or vegetation.
Seawall. A wall or an embankment designed to halt the encroachment of a waterbody.
Sediment. Mineral or organic particulates that have been transported from their origin by wind or water and deposited at another location.
Sedimentation. The deposition of sediment.
Self-storage facility. A building or group of buildings containing separate individual storage units available for lease or rent for varying periods of time for the self-service storage of goods. Self-service storage facilities may also be known as mini-warehouses.
Semi-impervious surface. Any surface that is more resistant to the infiltration of water than a pervious surface, but more easily allows infiltration than an impervious surface. Such moderately impermeable surfaces include compacted stone, gravel, recycled asphalt, shell, or clay serving vehicular traffic; paver stones and "pervious" concrete; and other surfaces for which runoff coefficients no less than 0.60 are typically used for stormwater management calculations.
Setback. The required minimum distance from a property line or other boundary line that establishes the area within which a structure is allowed to be erected or placed.
Shooting range. An indoor or outdoor facility designed for archery, paintball, or the discharge of firearms, including rifles, shotguns, pistols, muzzle loading and black powder guns. The term "shooting range" includes facilities for the purpose of sport shooting or for military or law enforcement training, including mock hazard response, target practice, skeet and trap.
Shopping center. An integrated group of retail sales and service establishments that is planned, constructed, and managed to function as a unit, with customer and employee parking provided on site and the delivery of goods separated from customer access.
Sign. Any object, device, display, or structure, or part thereof, which is positioned and used to advertise, identify, announce, direct or attract attention, or otherwise visually communicate a message outdoors using words, letters, numbers, emblems, figures, symbols, pictures, or other message elements. Signs are more specifically defined by type and character in the outdoor sign standards of chapter 5.
Silviculture. The management of forest establishment, growth, composition, health, and quality to produce lumber, pulp wood, or other forest products on a sustainable basis. The term "silviculture" includes site preparation, planting, prescribed burning, harvesting, and replanting activities.
Site plan. A scaled plan depicting proposed site development or redevelopment within a parcel as required by the LDC for compliance review and approval.
Solid waste. Materials regulated by the state as solid waste, including sludge from a waste treatment works, water supply treatment plant, or air pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.
Solid waste collection point. A site for the collection of non-hazardous solid waste from individual generators and transport to waste transfer, material recovery, waste disposal or other solid waste management facilities.
Solid waste disposal facility. See "Landfill."
Solid waste transfer facility. An industrial facility where non-hazardous solid waste from collection vehicles is consolidated, temporarily stored, and may be sorted, for subsequent transport to other facilities for processing or final disposal.
Sprawl or urban sprawl. A haphazard development pattern of dispersed and strip growth in suburbs and rural areas and along highways that is characterized by low density, automobile-dependent development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses.
Spot zoning. Zoning applied to an area of land, regardless of its size, that is different from the zoning of all contiguous land. Such isolated or "spot" zoning is usually higher in its density or intensity of use than the adjoining zoning and may, therefore, extend privileges not generally extended to property similarly located in the area. Spot zoning is not by itself prohibited, but due to its potentially adverse impacts on adjoining zoning it carries a higher burden of demonstration that, if authorized, it will contribute to or result in logical and orderly development.
Stable, public. A structure where horses, ponies or other domesticated equines are kept for sale or hire, including their boarding, training, breeding, and riding.
Stable, private. An accessory structure where horses, ponies or other domesticated equines are kept for the private use of the occupants of the premises and their guests, and not kept for hire.
Stadium or arena. A structure with tiers of spectator seats rising around all or part of an open or enclosed field or place used for athletic, entertainment, or other major events. Stadiums may include food service, retail stores, meeting rooms and other incidental uses customarily accessory to the principal use.
Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
Storage. The placement, accumulation, or keeping of things, or the condition of things placed, accumulated, or kept, in a specific location for preservation, future use, or disposal.
Storage, outdoor or outside. The storage of any equipment, goods, junk, material, merchandise, or vehicles outside of an enclosed building in the same area on a site for more than 72 hours.
Stormwater. The flow of water which results from, and which occurs immediately following, a rainfall event.
Stormwater management. Any technique, apparatus, or facility that controls or manages the path, storage, quality, or rate of release of stormwater runoff, including storm sewers, retention and detention ponds, drainage channels and swales, and inlet and outlet structures.
Stormwater management plan. A professionally certified plan to manage stormwater runoff from development by providing concurrent control of erosion, water quality, sedimentation, and flooding in compliance with all applicable regulatory authorities.
Stormwater management system. The designed features of the property which collect, convey, channel, hold, inhibit, or divert the movement of stormwater.
Stormwater pond. A stormwater storage facility that may be further characterized as:
Detention pond. A facility for the collection and temporary storage of stormwater runoff for treatment through physical, chemical, or biological processes and for attenuating discharge with subsequent gradual controlled discharge.
Retention pond. A facility for the collection and prevention of discharge of stormwater runoff surface waters by complete on-site storage where the capacity to store the given volume must be provided by a decrease of stored water caused only by percolation through soil, evaporation, or evapotranspiration (loss of water from soil by both evaporation and transpiration from plants).
Dry pond. A facility designed to collect and store stormwater runoff in a normally dry basin.
Wet pond. A facility designed to collect and store stormwater runoff in a permanently wet impoundment with a gently sloping littoral zone shelf designed to support the growth of rooted aquatic plants. A wet pond provides for treatment through physical, chemical, and biological processes.
Story. That portion of a building included between the surface of any floor and the surface of the next floor above, or if there is no floor above it, then the space between such floor and the ceiling next above it. In computing the number of stories in a building, a basement shall not be considered a story if more than one-half of its height is below the mean grade. For areas governed by FDEP or FEMA elevation requirements, the number of stories in a building shall be counted from the minimum required elevation established by FDEP or FEMA for the habitable first floor, whichever is higher.
Street. A public or private right-of-way designed and used primarily for vehicular transportation, including all of the land lying between the right-of-way lines delineating the access way, whether improved or unimproved, and typically affording the principal means of access to adjoining land. The term "street" includes the terms "road," "avenue," "boulevard," "lane," "thoroughfare" and "highway" when used for such access ways. However, the term does not include alleys, access ways such as easements and rights-of-way intended solely for limited utility purposes, or access ways and driveways designed as part of or access to on-site parking. Streets may be classified as the following:
Arterial street, major. A street providing service that is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed, including every United States numbered highway.
Arterial street, minor. A street providing connections between major activity centers of the county, and which augments the major arterial system for local and inter-county traffic by feeding traffic from collector and local street systems onto major arterials.
Collector street. A street providing service that is of relatively moderate traffic volume, moderate trip length, and moderate operating speed, and which distributes traffic between local streets or arterial streets.
Local street. A street providing service that is of relatively low traffic volume, short average trip length, or minimal through traffic movements, and high quantity land access for abutting property.
Private street. A privately owned and maintained street.
Public street. A street under the jurisdiction of and maintained by a public entity for public travel.
Structural alteration. Any change in the supporting members of a building, such as bearing walls, bearing partitions, columns, beams or girders, or any complete rebuilding of the roof, exterior walls or any other change which results in increased or decreased height of a structure.
Structure. Anything constructed, assembled or erected, the use of which requires location on or in the ground, or attachment to something having location on or in the ground. The term "structure" does not include unroofed paved surfaces, such as sidewalks, driveways, parking lots, or paved areas used for sports activities.
Subdivision. The division of a parcel of land, whether improved or unimproved, into three or more contiguous lots or parcels of land or, if the establishment of a new street is involved, any division of the parcel. When appropriate to the context, the term "subdivision" refers to the process of subdividing or to the land subdivided.
Subdivision, recorded. The plat of an approved subdivision as recorded in the office of the Clerk of the Court, Escambia County, according to Florida Statutes.
Substance abuse treatment facility. A state licensed residential or inpatient facility which provides professionally planned and directed clinical treatment in a structured live-in environment within a nonhospital setting on a 24-hours-per-day, seven-days-per-week basis, designed to reduce or eliminate the misuse of drugs and alcohol and promote a healthy, drug-free lifestyle.
Substantial construction. All required permits necessary to continue the development have been obtained; permitted clearing and grading has been completed on a significant portion of the development subject to a single final development order; and the actual construction of buildings or water and sewer lines, streets, or the stormwater management system has been completed on a significant portion of the development or is progressing in a manner that significantly moves the entire development toward completion of construction.
Suitability. The degree to which the existing characteristics and limitations of land and water are compatible with a proposed use or development.
Surface water. Water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs is classified as surface water when it exits from the spring onto the earth's surface.
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Taxi or limousine service. The provision of transportation in automobiles, limousines, vans or similar passenger vehicles with drivers, offered to the public at a fixed fee or hourly rate. The term "taxi or limousine service" includes passenger vehicle servicing, repairing, and fueling facilities incidental or subordinate to the principal transportation use.
Telecommunications tower. A tower, pole or similar structure designed to support one or more antennas in a fixed location for transmitting or receiving commercial wireless communications signals. The term "telecommunications tower" excludes structures limited to amateur radio, VHF marine, or similar noncommercial operations.
Temporary structure. A structure that is authorized to be constructed or placed on a parcel for a limited period of time and required to be removed from that parcel upon the expiration of the permitted time.
Temporary use. A use that is authorized to be established on a parcel for a limited period of time and is required to be discontinued on that parcel upon the expiration of the permitted time.
Tourist-oriented or tourism-oriented. Businesses and commercial establishments catering primarily to transient visitors staying on Pensacola Beach or Perdido Key for two weeks or less, but including such businesses and establishments that could equally cater to either tourists or island residents.
Townhouse. A single-family dwelling constructed in a row of three or more attached dwelling units, with each unit extending from foundation to roof, separated by property lines, and having its own direct front and rear access to the outside.
Tree. A woody perennial plant having one generally well-defined stem or trunk branching to form a crown, and normally attaining a mature height of at least 12 feet with a trunk at least three inches in diameter at breast height (DBH).
Triplex. A three-unit multifamily dwelling.
Truck terminal. A transshipment facility where trucks load and unload cargo and freight, and where shipments may be broken down into smaller loads or aggregated into larger loads for transfer to other vehicles or modes of transportation. The term "truck terminal" includes areas for the parking of trucks awaiting loading or unloading, truck servicing or maintenance facilities, freight warehouses, and other such facilities incidental or subordinate to the principal transshipment use.
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Unified control. Two or more tracts of land in combined ownership where the owners have agreed to allow their tracts to be used and developed as a single lot under the provisions of the LDC.
Urban forest. Collectively, the trees and other vegetation within and around the developed areas of the county, whether naturally occurring or manually planted.
Use. The purpose for which lands or structures are arranged, designed, occupied or maintained.
Utilities. All lines and facilities related to the provision, distribution, collection, transmission, or treatment of potable water, stormwater, wastewater, electricity, gas, petroleum, communication or similar services. The term "utilities" includes the use of land for customary and necessary utility operation and maintenance such as for wells, storage tanks, pumps, ponds, production and treatment plants, towers and antennas, and stations for switching, amplification and transmission. The term excludes the principal use of land for offices, warehousing or maintenance facilities.
Utilities, public. All utilities whose services or products are provided to the public through governmental grant of authority, regardless of whether the utility is owned or operated by a public entity.
-V-
Variance. A grant of relief from certain requirements and provisions of the LDC as may be allowed by the LDC through discretionary review of administrative officials or boards.
Vehicle sales and services. Direct sales of and services to new or used passenger vehicles, light trucks and other consumer vehicles, including motorcycles, recreational vehicles, all-terrain vehicles, golf carts, boats and manufactured (mobile) homes. The term "vehicle sales and services" includes rental and leasing of vehicles and their washing, detailing, maintenance, repair, parts replacement, overhaul, reconditioning, painting and bodywork.
Vested right. A right that has been legally established and cannot be canceled or changed by later conditions or changes in law or regulations without due process of law, but which for any development approval is subject to the effective period of the approval.
Veterinary clinic. An animal hospital or other medical facility for the use of a licensed veterinarian in the diagnosis, treatment, and prevention of animal diseases and injuries. A veterinary clinic may include boarding, grooming, and other animal services customarily incidental and subordinate to the principal medical use.
Vicinity of the interstate. Vicinity of the interstate is a corridor 125 feet either side of any right-of-way of the interstate highway system.
Volume reduction plant. Incinerators, pulverizers, compactors, shredding and baling plants, composting plants, and other plants that accept and process solid waste for recycling or disposal.
-W-
Wall sign. A sign that is attached to or painted on the exterior wall of a building in such a manner that the wall is the supporting structure for the sign or forms the background surface of the sign. For the allocation of sign area and other purposes of the LDC, wall signs include awning, canopy, fascia, marquee, roof, and window signs, but do not include fence signs.
Warehouse. An enclosed building used primarily for the storage of goods and materials, but which may also include incidental office and maintenance areas.
Warehouse, distribution. A warehouse providing generally short-term storage, where goods and materials are received, broken down into smaller quantities, often repackaged, and then distributed to customers at off-site locations. The term "distribution warehouse" does not include truck terminals, retail sales, or product assembly or processing.
Warehouse, wholesale. A facility providing storage of goods for sale only to other businesses, including retailers, industrial, commercial, institutional, or professional business users, or other wholesalers.
Warranty deed. A legal form or conveyance in which the grantor warrants good, clear title.
Waste tire processing facility. A site where equipment is used to recapture reusable byproducts from waste tires or to cut, burn, or otherwise alter waste tires so that they are no longer whole.
Wastewater treatment plant. A central facility for the collection, removal, treatment, and disposal of wastewater generated within a single development, community, or region. The term "wastewater treatment plant" and does not include a septic tank or similar on-site sewage treatment and disposal system.
Water body. Any bay, bayou, lagoon, inlet, pond, lake, reservoir, or other area with a discernable shoreline that ordinarily or intermittently contains water, or a river, stream, or creek with permanent flow. The term "water body" does not include stormwater detention or retention facilities.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through or over which water flows at least periodically.
Water-dependent uses. Uses that require access to water bodies, such as commercial boating or fishing operations.
Water-related uses. Uses that do not require a waterfront location to function, but are often essential to the efficient functioning of water-dependent uses and can be essential to their economic viability, such as shops, restaurants, parking, boat sales, or fish processing plants.
Wellhead protection area (WHPA). Land within an established protection boundary around a public potable water well, with the level of protection based upon the capacity of the well and an evaluation of the risk to human health and the environment.
Wetlands. Areas as defined by the State of Florida that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does or would support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include, but are not limited to, swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps, and other similar areas.
Wholesale trade. An establishment primarily engaged in purchasing merchandise from producers and selling it, generally without transforming it, to industrial, institutional, commercial, or professional business users, to retailers, to other wholesalers, or to agents or brokers. Wholesale uses emphasize on-site sales or ordering and may or may not be open to the general public, but any sales to the general public are limited.
Wildlife habitat. An area that offers feeding, roosting, breeding, nesting, and refuge areas for a variety of existing and future native wildlife species.
-X, Y, Z-
Yard. An open space at grade on a lot between a structure and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as may be otherwise allowed by the LDC. Yards may refer to the minimum open space required or the actual space provided, depending on the context of use.
Yard, front. A yard extending across the full width of a lot and having a depth measured as the minimum horizontal distance between the front lot line and the principal structure, excluding allowed encroachments.
Yard, rear. A yard extending across the rear of a lot, having the full width between side lot lines and a depth measured as the minimum horizontal distance between the rear lot line and the principal structure, excluding allowed encroachments. However, when a rear lot line separates the lot from an alley the depth of the yard (rear setback) may be measured from the centerline of the alley. For a lot with only one side lot line or with intersecting side lot lines, no rear yard is formed.
Yard, required or minimum. The open space between a lot line and the corresponding setback line as required by the LDC and within which no structure shall be located except as provided in the LDC.
Yard, side. A yard that is not a front or rear yard.
Zero lot line subdivision. A residential subdivision for detached single-family dwellings in which each dwelling that is not on a corner lot has one side wall located along a side lot line, and so provides zero setback or no side yard on that side.
(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2015-44, § 5, 10-8-2015; Ord. No. 2015-54, § 3, 12-10-2015; Ord. No. 2016-02, § 4, 1-7-2016; Ord. No. 2016-42, § 2, 12-8-2016; Ord. No. 2017-5, § 4(Exh. D), 1-5-2017; Ord. No. 2017-030, § 2, 5-25-2017; Ord. No. 2017-61, § 2, 10-5-2017; Ord. No. 2018-5, § 2, 2-1-2018; Ord. No. 2018-18, § 4, 4-5-2018; Ord. No. 2019-2, § 5(Exh. E), 1-10-2019; Ord. No. 2020-29, § 1, 8-6-2020; Ord. No. 2021-40, § 3, 11-16-2021; Ord. No. 2025-18, § 7, 5-15-2025)