Any definitions not covered in this chapter are the same as generally accepted in common usage.

Abut or abutting. To physically touch or border upon, not separated by a right-of-way or street.

Accessory apartment. A second dwelling unit located on a property having a land use designation and design district combination that would not permit multiple dwelling units, for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation, and sleeping. Such a dwelling is an accessory use to the main dwelling.

Accessory structure. A subordinate structure detached from, but located on, the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. An accessory structure shall not be an independent living facility.

Accessory use. A use or structure that:

(1)

Is clearly incidental to and customarily found in connection with a principal building or use;

(2)

Is subordinate to and serves a principal building or a principal use;

(3)

Is subordinate in area, extent, or purpose to the principal building or principal use served;

(4)

Contributes to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or principal use served; and

(5)

Is located on the same parcel of land as the principal building or use served.

Agriculture. Land use category that encompasses cultivating and farming activities such as crop production, horticulture, floriculture, silviculture, viticulture, fruit and citrus, dairy, pasturage, and livestock husbandry and the necessary accessory uses of packing, treating, or sorting the produce; provided that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. The uses listed below are permitted within the agricultural land use category, including but not limited to, the following:

(1)

Farms that produce traditional field crops, such as, vegetables, grains, fruits and citrus, berries, nuts and seeds.

(2)

Farms that produce household/landscape plant materials, such as, trees, shrubs, flowers and lawn grass (includes nurseries, greenhouses, and tree/sod farms).

(3)

Livestock and animal husbandry farms, such as, grazing and pasturage, feedlots, dairy and breeding farms (including boarding stables and riding academies).

(4)

Aquaculture farms, such as, fish/frog farms, fish hatcheries, and bait farms.

(5)

Apiaries and honey extracting/processing farms.

(6)

Roadside farm stands, provided that the products for sale are raised or produced on the same tract of land that the stand is located.

(7)

Other agricultural uses not listed, but of similar nature as interpreted by the city manager.

Alcoholic beverage. Any spirit, wine, beer, ale, or other liquid containing more than one percent of alcohol by weight, which is fit for beverage purposes; other than any medicine or drug dispensed by drug stores or prescription shops for medical purposes.

Alley. Any public or private space or thoroughfare 20 feet or less in width which has been dedicated or deeded for public use which may afford only a secondary means of access to abutting property.

Anchor store. A retail store(s) in a shopping center that is/are in excess of 15,000 square feet of gross floor area and possesses at least 100 feet of building frontage.

Approved trees. Trees which are native species, as defined herein, or other non-native species of a non-threatening nature to people, plants and plant communities, as listed in chapter 115, Approved tree list, of this land development regulation. The city commission may amend this land development regulation, if warranted; however, no invasive, self-propagating, or poisonous species shall be added to the approved tree list.

Awning. Any metal, canvas, or plastic cover, hood, or canopy projecting from and supported by a building when such device extends beyond the building, building line, setback line, or property line.

Background structure, sign. With regard to sign regulations, it is parts of a sign, exclusive of the copy area, such as means, buttresses, poles, cables, and stringers, which support the sign face.

Bed and breakfast inn. A residential structure, or portion thereof, where short-term lodging rooms and meals are provided for compensation. Meals are regularly prepared and served in a communal or family style, without service or ordering of individual portions from a menu. There is one central kitchen, with no provision for cooking in any of the individual rooms occupied by paying guests. The owner or manager of the inn shall live in the principal structure or in an adjacent structure on the same lot.

Big box structures. Any building floor plate greater than 15,000 square feet of building area.

Billboards. Outdoor advertising signs erected and maintained by an advertising business or service upon which advertising matter may be displayed, and which generally advertise firms and organizations that, along with their goods and services, are not located on the same premises as the sign; and whose surface is sold, rented, or leased for the display or advertising material.

Boarding or rooming house. A residential structure, or portion thereof, where lodging or occupancy is provided for compensation where persons, who do not meet the definition of family contained herein, live together in a the structure. There is one central kitchen, with no provision for cooking in any of the individual rooms occupied by paying guests.

Building. Any structure that encloses a space used for sheltering any occupancy. Each portion of a building separated from other portions by a firewall shall be considered as a separate building.

Building frontage. The horizontal length of a wall of a building where such wall faces a street. The measurement of such length is along a line parallel to the street. Where a building is arranged to include establishments with exterior public entrances but no wall space facing a street, the horizontal dimension of one wall of each such establishment which faces a mall or other private way may be considered to be building frontage.

Building line. A line, established by law, beyond which a building shall not extend, except as specifically provided by law.

Building mass. The building's expanse or bulk and is typically used in reference to structures of considerable size.

Building permit. An official document or certificate issued by the building official authorizing performance of a specified activity.

Car wash: A facility used to clean the exterior, and sometimes the interior, of motor vehicles. Car washes can be self-serve, automated, or full-service with attendants who wash the vehicle. Types of car washes include hand car wash facilities, where the vehicle is washed by employees, self-service facilities, which are generally coin-operated, where the customer does the washing, including pressurized "jet washing", automatic car washes where in-bay automatics which consist of an automatic machine that rolls back and forth over a stationary vehicle - often seen at filling stations and stand-alone wash sites, and tunnel washes, which use a conveyor to move the vehicle through a series of fixed cleaning mechanisms.

Commercial use. An occupation, business, employment, enterprise, activity, or other undertaking that is carried on for profit by the owner, lessee, or licensee; or a not-for-profit enterprise or activity which exhibits similar commercial land use characteristics, such as traffic generation, parking and loading requirements, noise, fumes, extended hours of operation, etc.

Comprehensive plan. The City of Eustis Comprehensive Plan.

Commercial poultry or swine farm. Commercial establishments primarily engaged in breeding, raising of hogs or pigs, or poultry for meat and/or egg production and the sale of same. Individuals raising livestock, poultry or livestock for personal use shall be considered a general agricultural use.

Conceptual plan. A general sketch or outline of a proposed development showing the intended layout of a subdivision or site plan. The document should be of sufficient accuracy to be used for discussion and preliminary evaluation. Discussion of a concept plan is informal and carries no vesting or guarantees to either party.

Concurrency. A condition where specified public facilities and services have, or will have, the necessary capacity to meet the adopted level of service standard (LOSS) at the time of impact of a development project. (See chapter 106 of this land development regulation.)

Concurrency management system. The process used to determine that public facilities and services needed to support development are available, at the adopted level of service, concurrent with the impacts of such development.

Conditional use. A use that, owing to some special characteristics to its operation; e.g. potential danger, smoke, or noise, is permitted in a district subject to approval by the city, and subject to special requirements different from those usual requirements for the district in which the conditional use may be located. A use that would not be appropriate generally or without restriction throughout the land use district but which, if controlled as to number, area, location, or relation to the neighborhood, would not be detrimental to public health, safety, or general welfare.

Conservation areas. Environmentally sensitive and valuable lands with a conservation land use designation or easement which are protected from any activity that would significantly alter their ecological integrity, balance, or character, except in cases of overriding public interest. Conservation areas may include freshwater marshes, shallow grassy ponds, hardwood swamps, cypress swamps, natural shorelines, sand pine-scrub communities, and other areas of significant biological productivity or uniqueness.

Conservation easement. A right or interest in real property which is appropriate to retaining land or water areas predominantly in their natural, scenic, open or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance; or maintaining existing land uses and which prohibits or limits the activities described in Florida Statutes.

Conservation facilities. Interpretative and educational features and related facilities for nature study and enjoyment.

Construction. A term used to refer to the construction industry, including, but not limited to builders, who form structures by ordering and uniting materials by gradual means according to a systematic plan, either from the ground up or by enlargement, alteration, repair, or demolition of an existing building or structure. Construction also includes the erection, installation, enlargement, alteration, repair, removal, conversion, or replacement of any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by technical codes and the carrying out of such work.

Copy Area. The part of a sign, including trim, embellishments, and background, which contains the copy. The copy is computed by straight lines drawn closest to copy extremities encompassing individual letters or words.

Day care center. A facility that provides nonmedical care to children under 18 years of age, or elderly persons, who need personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis.

DBH. The minimum trunk diameter of a tree as measured at a predetermined point measurement.

Density, gross. The total number of dwelling units divided by the total number of acres on the site equals gross density. This calculation includes all internal streets, easements, rights-of-way, water and wetlands, environmental and conservation areas, open space, stormwater facilities, etc.

Density, net. The total number of dwelling units divided by the total number of net buildable acres (gross acres minus wetlands and water bodies) on the site equals net density.

Developer. Any person who engages in land development including, but not limited to, the property owner.

Development. Any building activity or other activity that makes any material change in the use of the land or any structures situated upon the land, or the dividing of land into two or more parcels.

(1)

Development for the purposes of this land development regulation shall include, but is not limited to, the following activities and uses:

a.

A reconstruction or alteration of the size of a structure on land.

b.

A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

c.

Alteration of a shore or bank of a river, stream, lake, pond, or canal, and alteration of topography which affects the flow of surface water or ground water.

d.

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

e.

Demolition of a structure.

f.

Clearing of land as an adjunct of construction.

g.

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

(2)

The following operations or uses shall not be considered development for the purposes of this land development regulation:

a.

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.

b.

Work by any utility and other persons engaged in the distribution or transmission of gas or water, or electric, stormwater, wastewater, cable TV, telephone, on utility easements of record, or established rights-of-way, above or underground, for the purpose of inspecting, repairing, renewing, or constructing on such utility easements of record or on established rights-of-way any sewers, mains, pipes, cables, poles, or the like.

c.

Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the decoration of the exterior of the structure without affecting the intensity of use.

d.

The use of any land for agricultural cultivation or pasturage purposes.

e.

A change in the ownership or form of ownership of any parcel or structure.

f.

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

Development activity. Any activity, excluding normal day-to-day maintenance, which alters the natural state or topography of the land. These activities include, but are not limited to, clearing, grubbing; clear cutting, strip clearing, grading, construction, installation, removal or demolition of a structure, unless for an agricultural use.

Development agreement. An agreement between the city and a property owner/developer which conforms to the requirements of F.S. §§ 163.3220 through 163.3243.

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

Development permit. Includes any building permit, land use permit, certification, or any other official action of the city having the effect of permitting the development of land.

Development services director. the appointed head of the development services department (building, planning, and code enforcement departments).

Diameter at breast height (DBH). The diameter of a tree measured at breast height, which is 54 inches (four and one-half feet), above the grade at the base of the tree. A tree that has multiple trunks shall be measured using the sum of the diameters.

Drive-through. A commercial structure or portion of said structure, designed in such a manner as to allow business transactions directly with customers who are located in motor vehicles during such business transactions.

Dwelling. A building, or portion thereof, used exclusively for residential and/or lawful accessory apartment use purposes, including single-family (detached and attached), two-family (duplex), and multi-family dwelling units, but excluding hotels, motels, and establishments that provide temporary lodging.

Dwelling unit. One or more rooms physically arranged so as to create an independent housekeeping establishment or occupancy by one family with separate toilets and facilities for cooking and sleeping.

Easement. A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.

Façade. The portion of any exterior elevation on the building extending from grade to the top of the parapet, wall or eaves and extending the entire length of the building.

Family. Two or more persons related by blood, marriage, legal adoption, or legal guardianship, living together as one housekeeping unit using one kitchen; six or fewer unrelated persons living as one housekeeping unit using one kitchen; or a combination of the persons described above which are living together as one housekeeping unit using one kitchen.

Fast lube/quick lube, oil change facility. A facility that performs oil changes and other preventive maintenance services on customers' vehicles. A typical service will include an oil and filter change, lubrication of the suspension if applicable, a check of other under hood fluids, a tire pressure check, and in some cases, vacuum and window cleaning. For most vehicles, this service takes 10 to 15 minutes. Allowable services under this definition are limited to: oil and filter change, air filter, fan belt, radiator hose, windshield wiper and emergency wiring repairs associated with light bulb replacements or similar equipment, fluid check and fill, greasing and lubrication, tire pressure check and fill, battery replacement, radiator flushing, gearbox fluid replacement. Allowable uses do not include "oil change plus" shops (i.e. muffler shops, auto repair shops), as these places change oil, but it's not their primary business model. Also prohibited in association with this use is overnight storage of vehicles awaiting repair; services shall be provided as per the quick lube definition (generally 10 to 15 minutes). Any operation storing vehicles awaiting repair shall be deemed a "Vehicle Service" and shall only be located where permitted by the LDRs or with a CUP approval by city commission.

Floor area ratio. Determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

Gable. A triangular wall section at the end of a pitched roof, bounded by the two roof slopes.

Governmental agency. Any group or organization, formed or appointed by a branch of government, whether national, state or local, for the purpose of enforcing or implementing the rules, regulations and/or standards of that branch of government.

Group home. A facility that provides a living environment for unrelated residents, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. Residents may include any of the following as defined in the Florida Statues: a frail elder (section 400.618); a physically disabled or handicapped person [section 760.22(7)(a)]; a developmentally disabled person [section 393.063(12)]; a non-dangerous mentally ill person [section 394.455(18)]; or a child [sections 39.01(14), 984.03(9) or (12) or 985.03(8)] if so licensed. An assisted living facility is considered a group home under these regulations.

Gross floor area. The area within the inside perimeter of the exterior walls with no deduction for corridors, stairs, closets, thickness of walls, columns or other features, exclusive of areas open and unobstructed to the sky.

Home occupation. An occupation, profession, activity, or use that is carried on for gainful employment within a residential dwelling unit. See section 110-5.9 for limitations.

Impervious surface. Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including compacted sand, clay, or lime rock, as well as most conventionally surfaced streets, roofs, sidewalks, and parking lots.

Impervious surface, maximum. Determined by dividing the gross impervious surface of all impervious surfaces and structures on a building lot by the total area of the building lot.

Industrial. Any one or a number of different businesses engaged in the manufacture or production of materials or services. The industrial uses may be classified into heavy industrial and light industrial.

Industrial/light, clean; research: Research uses shall include theoretical and applied research in all the sciences, product development and testing, engineering, and marketing development provided that the by-products of the activity (smoke, noise odor, refuse, vibration, intense glare, heat, and light, etc.) do not create a nuisance beyond the property on which the activity is located. Clean, light industrial uses shall include manufacturing, fabricating, processing, converting, altering and assembly of various products, including original works of art, provided that the by-products of the activity (smoke, noise, odor, refuse, vibration, intense glare, heat, and light, etc.) do not create a nuisance beyond the property on which the activity is located. No open storage without screening from public view is permitted for light industrial, clean/research uses. The term "nuisance" as used in this definition is determined by city staff. The manufacture and distribution of original works of art may also include a room or series of rooms devoted exclusively to the display of art work available for purchase.

Industrial/heavy. Manufacturing, fabricating, processing, converting, altering and assembly of products that may result in emissions (smoke, noise, odor, refuse, vibration, intense glare, heat, and light, etc.) beyond the building or property. Industrial businesses, and sale of heavier equipment. Factory production, industrial yards, auto salvage/wrecking yard are located here. Sales to the general public are limited.

Infrastructure. Roads, potable water facilities, sanitary sewer facilities, drainage facilities, solid waste facilities, park facilities, and other categories that support the public welfare or that may be added by Florida Statutes.

Institutional. Land use activity that encompasses a variety of public and/or quasi-public uses of a governmental, educational, medical, social or religious nature, including but not limited to the following:

(1)

Education facilities (public or private) with academic or vocational/technical curricula.

(2)

Government offices and facilities.

(3)

Libraries, museums and art galleries (public or private).

(4)

Places of religious worship (includes churches, church schools, and other customary church-operated accessory uses and facilities).

(5)

Cemeteries without funeral homes/mortuaries.

(6)

Residential care facilities, (including group care homes, halfway and recovery houses, emergency shelters, residential treatment centers, nursing homes, and other similar uses).

(7)

Other institutional uses not listed, but of a similar nature as interpreted by the city manager.

Isolated wetland. Any wetland not under jurisdiction of the Florida Department of Environmental Regulation (DER) for the purpose of regulation of dredging and filling. Multiple individual wetlands normally connected by surface flows during a wet season with average rainfall shall be presumed to be an isolated wetland.

Land. The earth, water and air, above, below, or on the surface, including any improvements or structures customarily regarded as land.

Land development regulations. Codes enacted by the city for the regulation of any aspect of development, including any land use, building construction, or sign regulations or any other regulations controlling the development of land in the city.

Land use. The development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an adopted comprehensive plan or element or portion thereof, land development regulations, or a land development code, as the context may indicate.

Level of service (LOS) standard. The standards for infrastructure facilities as set forth in the capital improvement element of the adopted comprehensive plan of the city.

Live-work. A use in which a dwelling unit is used for both dwelling (living) purposes and any nonresidential use permitted in the land use district in which the unit is located.

Local government. The City Commission of the City of Eustis.

Local planning agency. The agency designated to prepare the comprehensive plan and review for consistency the land development regulations as required by F.S. ch. 163 "Local Government Comprehensive Planning and Land Development Regulation Act".

Lot. A designated parcel, tract, or area of land established as permitted by law.

Lot, corner or through. A lot fronting on two streets or roads.

Lot depth. The distance between the midpoint of the front lot line and the midpoint of the rear lot line.

Lot, interior. Any lot fronting on only one street or road

Master plan. A comprehensive, long-range plan intended to guide the growth and development of a project, community, or region.

Mobile home. A transportable, factory-built home designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Mobile vendor. A vendor, usually not within a building, who owns or obtains permission from a property owner to setup for business on a vacant or improved nonresidential property with a driveway connection. Mobile vendors may include self-contained food service operations, produce stands or other retail sales.

Multi-family dwelling. A detached residential building, containing three or more separate and independent dwelling units used for permanent occupancy, including what is commonly known as an apartment building, apartment house, or courtyard apartment.

Native vegetation. Plant types which are indigenous to the state according to the Guide to Vascular Plants of Central Florida by Richard P. Wunderlin (University Presses of Florida, University of South Florida, 1982).

Net acreage. The total number of acres within the perimeter boundaries of a development excluding wetlands and water bodies.

Net floor area. The area of a building that is actually occupied; not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical area or other features.

Newspaper. Any publication printed and published periodically, once a week, or more often, wholly or in large part in the English language, entered or qualified to be admitted and entered as second-class matter at a post office in the county where published, for sale to the public generally, available to the public generally for the publication of official or other notices and customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public. Also, the term newspaper shall mean and include any periodical or current magazine regularly published with not less than four copies issued per year, and sold to the public.

Nonconforming use. A land use that does not comply with the land use category within which it is located, or does not meet the standards of other land use regulations.

Non-isolated wetland. Wetlands that have a hydrological or vegetative connection with "waters of the state" as defined in F.S. § 403.031(13) and FAC 17-301.200(4).

Noxious/exotic species. Certain plant species (non-native to Central Florida) that are a threat to people, plants or plant communities due to their invasive, self-propagating, or poisonous nature as defined by the Florida Exotic Pest Plant Council's 2007 List of Invasive Plant Species as may be updated and amended from time to time.

Open space. By calculation, that minimum proportion of a site that is devoted to open space and designated to regulate the intensity of development and preserve natural areas; the land area that remains undeveloped or minimally developed, such as trails and boardwalks, as part of a natural resource preserve, active or passive recreation areas and land preserved for conservation purposes. Open space may also include landscape buffers and common landscaped areas of the development. Open space excludes water bodies, wetlands, private residential lots [with exception of section 115-4.1(a)], street rights-of-way, and impervious surfaces (unless otherwise provided as a part of a recreational facility). Golf courses shall be generally excluded with the exception that areas of a golf course that are naturally vegetated and not subject to chemical application may be credited towards the minimum open space requirements, and provided that the golf course is certified as being in compliance with best management practices described in "Protecting Florida's Springs-Land Use Planning Strategies and Best Management Practices" (DCA/DEP - November, 2002). No more than 50 percent of the pervious area occupied by a golf course may count toward the minimum open space requirement. Open space may include permeable stormwater management areas if enhanced as amenities to the development consistent with the standards provided in section 115-4.9(d). Open space shall be calculated as a percentage of the net buildable acreage of a parcel, where net buildable acreage is defined as the total acreage less wetlands and water bodies.

Owner. A person, group of persons, or legal entity who holds recorded interest in property with the present ability to bind the property for perpetual use or uses. In the event of less than fee simple interest, it will require more than one entity to constitute "an owner." A tenant or one holding a leasehold interest shall not constitute an owner. A person, group of persons or legal entity holding a contract right to obtain a fee simple or other interest shall not constitute "an owner."

Parapet. The extension of a false front or wall above a roof line.

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

Passive recreation. Outdoor leisure activities requiring little alteration or disruption to the area in which they are performed. Typical activities include, but are not limited to, hiking, picnicking, and bird watching. Typical facilities associated with these activities include, but are not limited to, elevated boardwalks, nature trails, picnic tables, picnic shelters, and docks.

Person. An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

Pharmacy. A place where medicines are compounded or dispensed. For purposes of these regulations, dispensaries of medical marijuana (cannabis), as permitted by the Florida Statutes and approved by the office of medical marijuana use, shall be considered pharmacies.

Planned development. Land under unified control to be planned and developed as a whole in a single development operation or a definitely programmed series of development operations or phases. A planned development includes principal and accessory structures and uses substantially related to the character and purposes of the planned development. A planned development is built according to general and detailed plans that include not only streets, utilities, lots and building location, and the like, but also site plans for all buildings as are intended to be located, constructed, used, and related to each other, and plans for other uses and improvements on the land as related to the buildings. A planned development includes a program for the provisions, operations, and maintenance of such areas, facilities, and improvements as will be for common use by some or all of the occupants of the planned development district, but which will not be provided, operated, or maintained at general public expense.

Portable storage unit. Any container designed for the storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck.

Private premises. Any dwelling, house, building, or other structure, designed or used either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

Professional service/office. Land use activity that encompasses a variety of professional office uses, such as, medical, legal, financial and/or personal service businesses. Personal service businesses are defined as businesses where services are rendered on an individual-to-individual basis as opposed to services performed on objects or personal property.

Property access. A vehicular approach or entry to or exit from property as designated upon an approved site plan, plat, or building permit for the property.

Protected tree. Any tree not listed on the list of noxious/exotic species (section 115-10.9 of this land development regulation), and meeting one of the following requirements:

(1)

Trees with a DBH of six inches or greater.

(2)

Trees located in a wetland area as determined by the agencies having jurisdiction.

Public facilities. Capital improvements including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems, general government buildings, and facilities.

Public notice. Publication of notice as required by state law when used in connection with the phrase "public hearing" or "hearing to be held after due public notice."

Public service/utility. Land use activity that encompasses a wide variety of public and quasi-public uses and activities, which provide essential or important public services. These necessary uses may have characteristics of outdoor storage or of potential nuisance to adjacent properties due to noise, light or glare, or appearance. Wireless communication antenna and/or towers are not included in this definition.

Public utility. Any legal entity (specifically including the city) with the power of eminent domain which is in the business of supplying electricity, natural gas, water, wastewater, transportation, or communication services to or for the general public.

Reasonable access. Access provided which is deemed not to be excessive as per limitations set forth by FAC (16C-20.0035(1)(c).

Recreational unit. A recreational park trailer built on a single chassis, mounted on wheels, and complying with ANSI A119.5 standard for recreational park trailers. The unit is designed to provide temporary accommodation for recreation, camping, or seasonal use.

Recreational vehicle. A vehicle designed for recreational use on land (as in camping).

Recreational vehicle park. Any site, tract or parcel of land on which facilities have been developed to provide for the temporary placement of two or more recreational vehicles to be used as temporary living quarters for the occupants.

Redevelopment. Construction, installation, replacement, reconstruction, alteration or other material change of a structure, impervious surface drainage facility or part thereof on a previously developed site.

Residential. Land area designated for dwellings including streets, easements, and open space portions of a development.

Shooting range, indoor. Any indoor, private or commercial facility designed for practice or target shooting. Ranges must be design to meet industry standards such as the National Rifle Association Range Development Source Book.

Shooting range, outdoor. Any outdoor, private or commercial facility designed for practice or target shooting. Any shooting range must be constructed to insure that the backstop, berm, bullet trap, escalator trap, or impact area is sufficient to prevent any discharge from any weapon traveling outside, around, over, or through the range area so as to constitute a hazard to adjoining property owners. The range must also be consistent with other industry standards such as the National Rifle Association Range Development Source Book.

Shopping center. A grouping of retail business and service uses on a single site with common parking.

Sign, animated. Any sign of which all or part thereof revolves or moves in any fashion whatsoever, including multi-prism indexing signs; any sign which contains or uses for illumination any light, lights, or lighting device or devices which change color, show movement or motion, or change the appearance of said sign or any part thereof automatically.

Sign, awning; canopy; marquee. A sign painted, stamped, perforated, stitched, or otherwise applied on the valance of an awning.

Sign, background structure. The base, or supporting structure of a free standing sign that is not used to display signage and is not part of the sign copy area.

Sign, banner. A temporary sign composed of lightweight material secured or mounted so as to prevent movement, waiving or flapping.

Sign, building. Any sign attached to any part of a building, including but not limited to, awning, wall or projecting signage. Also, a sign lettered to give the name of a building itself, as opposed to the name of occupants or services.

Sign, changeable copy or digital display. Any sign or, screen with characters, letters or illustrations affixed thereto or thereon, by any method or means whatsoever, that can be changed, rearranged or altered without changing the face of the sign. Digital signs may not change the display within a time period of less than six seconds.

Sign, copy area. That portion of a sign used to display characters, letters, logos, illustrations or advertising material.

Signs, discontinued. A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity and/or for which no legal owner can be found within a specified period of time.

Sign, directional. Any sign used to indicate the direction to entrances, exits, parking area, restrooms, drive-through facilities, or other non-business related facilities on the site.

Sign, free standing. A sign which is supported by one or more columns, uprights, or braces anchored into the ground independent of support from any building, including ground signs and elevated signs.

Sign, multi-tenant. A sign, which pertains to the uses of a parcel of property, or parcels of contiguous property, where two or more separate establishments exist on the parcel of property.

Sign, pole or pylon. A sign supported by at least one upright pole, pylon, or post which is secured to the ground and the bottom of the sign-face of which exceeds two feet above the finished grade level.

Sign, portable. Any sign not permanently affixed to the ground or to a building, including any sign attached to or displayed on a vehicle that is used for the express purpose of advertising a business establishment, product, service, or entertainment, when that vehicle is so parked as to attract the attention of the vehicular or pedestrian traffic.

Sign, projecting. Any sign, other than a wall sign, which is attached to and projects from the wall or face of a building or structure, in such a manner that one or more copy areas are not parallel to the building wall including an arcade/marquee sign.

Sign, roof. Any sign erected upon, against or directly above a roof or roof eave, or on top of or above the parapet, or on a functional architectural appendage above the roof or roof eave.

Sign, T-frame. A portable sign utilizing an inverted "T" style of framing to support the sign.

Sign, vehicle. Any sign or street graphic on or affixed to a motorized vehicle, other than a registered logo, trademark or service mark.

Sign, window. A window sign that is displayed longer than 30 days. A sign that is applied or attached to a window or door, or a sign located near a window within a building for the purpose of being visible to and read from the outside of the building except for signs that are not legible from a distance of more than three feet beyond the building in which such sign is located. This term does not include merchandise located in a window.

Single family attached dwelling. A residential building containing dwelling units, each of which has a primary ground floor access to the outside and which are attached to each other by common or party walls without openings. The term is intended primarily for such dwelling types as duplexes, townhouses/rowhouses, or cottages.

Single family detached dwelling. A residential building containing one dwelling unit entirely surrounded by open space on the same lot.

State land planning agency. Florida State Department of Economic Opportunity.

Structure. Anything constructed, installed, or portable, the use of which requires location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, storage, or office purposes either temporarily or permanently. "Structure" also includes any fences, billboards, swimming pools that have been erected and installed, poles, pipelines, transmission lines, railroad tracks, and advertising signs.

Tree. A woody perennial plant, distinguished from a shrub by usually having a single elongated main stem or trunk, generally with few or no branches on its lower part. Most trees usually have a minimum main stem of four and one-half inches in diameter DBH at maturity.

Tree inventory. A drawing or accurate representation of appropriate (or sufficient) scale to show tree locations, which provides the necessary information for obtaining a tree removal permit.

Tree protection zone. A circular zone around each protected tree as follows:

(1)

If the drip line is less than six feet from the trunk of the tree, the protection zone shall be that area within a radius of six feet around the tree trunk.

(2)

If the drip is more than 6 feet but less than 20 feet from the trunk of the tree, the protection zone shall be that area within the radius of the full drip line around the tree trunk.

(3)

If the drip line is 20 feet or more from the trunk of the tree, the protection zone shall be that area within a radius of 20 feet around the tree trunk.

Trip. A single or one-way vehicle movement.

Trip generation. The total number of trip ends produced by a specific land use or activity.

Upland buffer zone. An area of specified width adjacent to wetland areas in which alterations and/or development activities are restricted in order to protect the wetland function and minimize impacts of upland development on the wetland function.

Vacation. The legal relinquishment of the use of an easement or the ownership and use of a right-of-way.

Vehicle repair and service, general. A facility where general repairs to motor vehicles of all types are conducted, including minor repairs, incidental replacement of parts, general service and preventative maintenance.

Vehicle repair and service, major. A facility where major repairs to motor vehicles of all types are conducted, including engine and transmission overhauls or replacement, painting, body and fender work, and repairs that require draining of the motor vehicle fuel tanks.

Warehouse. A building or group of buildings used primarily for the storage of goods and materials.

Wetland. Those areas that are inundated or saturated by surface or ground water with a frequency sufficient to support and under normal circumstances do or would support a prevalence of vegetative or aquatic life that requires saturated or seasonably saturated soil conditions for growth and reproduction, such as swamps, marshes, bayheads, cypress ponds, sloughs, wet prairies, wet meadows, river overflows, mud flats and natural ponds and/or as defined by the jurisdictional agency.

Wetland jurisdiction line. The line demarcating the landward extent of surface waters and associated wetland vegetation. This line is defined for "waters of the state" in F.S. § 403.032, § F.S. § 403.817, 17-301200(3) FAC, and 17-301.400 FAC. For isolated wetland systems, this line is determined by regulations set forth by federal, state and local agencies, utilizing criteria including but not limited to vegetation, soils, and hydrology.

Wireless communication antenna. A wireless communications antenna designed to transmit or receive communications as authorized by the Federal Communications Commission. This includes AM structures and any tower that in an emergency can be tuned shunt loaded as a single side band (SSB) radio.

Wireless communication antenna and/or tower, camouflaged. A wireless communications antenna and/or tower designed to unobtrusively blend into the existing surroundings and be disguised to not have the appearance of a wireless communications antenna and/or tower. Camouflaged wireless communications antennas and/or towers on buildings must be disguised to appear as an accessory structure that is normally associated with the principal use occupying the property. Other camouflaged wireless communications antennas and/or towers must be disguised to blend in with other facilities on the property or existing vegetation. Examples of camouflaged wireless communication antennas and/or towers would be a wireless communications antenna and/or tower constructed in the form and shape of a tree to be part of a forested area, or an antenna and/or tower constructed to be a component of a bell or clock tower on sites with compatible buildings or a component of a church steeple on sites with churches. Surface finish, paint and/or markings alone are insufficient to qualify for a determination as a camouflaged wireless communications antenna and/or tower.

Wireless communication tower. A wireless communications tower whose height, including wireless communication antenna, is greater than that permitted in the zoning district which supports communication, transmission or receiving equipment. Design examples of wireless communications towers include self-supporting lattice, guyed, and monopole.

Wireless communications. The term wireless communication includes but it not limited to radio and television, microwave, common-carrier, cellular telephone, personal communication services, personal communications networks, specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, citizen band, amateur radio, and similar services that currently exist or that may in the future be developed, and licensed by the Federal Communications Commission (FCC).

Wireless equipment facility. An equipment facility is any structure used to contain ancillary equipment for wireless communications which includes cabinets, shelters, pedestals, and other similar structures.

Yard. An open area that is unobstructed and unoccupied by any building, structure, or use from the ground up, except for landscaping, customary yard accessory uses, structures, ornaments, furniture or other items which are allowed to be placed within said open area as provided for in this land development regulation.

Xeriscape. Landscaping methods which, if used in combination, are designed to conserve water and provide for minimal maintenance of plant materials.

Zero lot line. The location of a building or structure on a lot in such a manner that one or more of the building's sides rests directly on a property or lot line.

(Ord. No. 16-31, § 1.a.(Exh. A), 12-15-2016; Ord. No. 17-11, § 1, 9-21-2017; Ord. No. 20-44, § 1, 11-19-2020; Ord. No. 20-46, § 1, 11-19-2020)