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

Accessory uses and structures means, regarding a specific zoning district, uses and structures which are clearly and customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures specifically and clearly designated for that zoning district.

Accident potential hazard area for aircraft means an area within 5,000 feet of the approach or departure end of a runway or in proximity to an airport in which aircraft may maneuver after takeoff or before landing and are subject to the greatest potential to crash into a structure or the ground.

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

Adjacent lot. See "lot, adjacent."

Affordable housing means contract rent or mortgage payments, insurance, property taxes and homeowner's association fees, where applicable, that do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross income for households at or below 80 percent of median family income for the area.

Affordable housing project means a single-family housing development in which at least 20 percent of the units are affordable to households at or below 80 percent of median family income for the area, or a multifamily development in which at least 30 percent of the units are affordable to households at or below 50 percent of median family income for the area.

Agricultural uses means activities within land areas which are predominantly used for the cultivation of crops and livestock including: crop land, pasture land, orchards, vineyards, nurseries, ornamental horticulture areas, groves, confined feeding operations, specialty farms, and silviculture areas.

Airport means any airport, not including private landing strips, located in the county.

Airport elevation means the highest point of an airport's usable landing area measured in feet above mean sea level.

Airport obstruction means any structure or object of natural growth or use of land, which would exceed the federal obstruction standards as contained in 14 CFR 77.21, 77.23, 77.25 and 77.28 or other applicable law or which obstruct the airspace required for flight of aircraft in landing and takeoff at an airport or is otherwise hazardous to such landing or takeoff or aircraft.

Airspace height means to determine the height limits in all zones set forth in this chapter, the datum shall be mean sea level elevation (AMSL) unless otherwise specified.

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

Alligator farm means a facility in which alligators have been legally reduced to private control, confinement and possession as a captive self-sustaining population for propagation of the species.

Alligator slaughterhouse means a facility in which alligators are harvested, killed, butchered, packaged or shipped for sale of hides and meat.

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

Ambient air quality standards means standards which establish acceptable concentration levels for major classes of pollutants in the ambient air (that portion of the atmosphere which is external to buildings and accessible to the general public).

Ancillary facilities includes uses which are associated, integral, supplemental uses which are necessary to allow the principal use to exist or function. Such uses include, but are not limited to lift stations, fiber optic amplification facilities and electrical sub-stations.

Appeal means a request for a review of a building official's or board's interpretation of any provisions of this chapter or a request for a variance under this chapter to the board of county commissioners pursuant to this chapter or from the board of county commissioners to the circuit court of the 20th judicial circuit in and for the county pursuant to the Florida Rules of Appellate Procedure.

Aquifer means a water-bearing stratum of permeable rock, sand, or gravel.

Area of shallow flooding means a designated AO or AO zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater change of flooding in any given year.

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

Attorney means the county attorney and/or the county attorney's office.

Automobile wrecking/automobile recycling means all operations and activities related to the dismantling, crushing, shredding, disassembling, purchasing, mailing, packing, storing, dumping, selling, or handling of used, inoperable, wrecked, dismantled, partially dismantled, or obsolete vehicles, trailers (including semitrailers), mobile homes, manufactured homes and heavy equipment (including heavy equipment used on roads and off roads such as tractors, drag lines, farming equipment, etc.) or their parts, including batteries and tires.

Automotive service station means an establishment whose principal business is the dispensing at retail of gasoline and lubricants and where grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail.

Availability of facilities or services or available facilities or services, with regard to the provision of facilities and services concurrent with the impacts of development, means that at a minimum the facilities and services will be provided in accordance with the standards set forth by applicable state laws and rules.

Bar, cocktail lounge or saloon means any establishment devoted primarily to the retailing and on premises drinking of malt, vinous, or other alcoholic beverages, or any place where any sign visible from public ways is exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

Base flood elevation means the flood elevation having a one percent chance of being equaled or exceeded in any given year.

Bicycle facilities means any road, path or way, which is open to bicycle, travel and from which motor vehicles are excluded.

Blighted areas means developed areas which have deteriorated through neglect or abandonment and which could benefit the community if redeveloped.

Block length means the length between centerline or intersecting streets.

Boardinghouse means an establishment with lodging for four or more persons, where meals are regularly prepared and served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu. A boarding house may also be known as a rooming house. The definition of boarding house specifically excludes a rehabilitation facility, half-way house, camp, retreat or other similar lodging offered as a condition of, or in association with, an organized course of treatment of sexual offenders or as a condition of, or in association with, an organized course of treatment for those other than sexual offenders

Boat livery means a premises or site used as a commercial establishment for the provision of rental of covered or uncovered boat slips or dock space or enclosed dry storage space, rental and/or sale of boats and boat motors, repair and maintenance of boats and boat motors, marine fuel and lubricants, bait and fishing equipment, on-shore restaurants, and small boat hauling or launching facilities. Such premises or site shall not include boat and/or motor manufacturing as an incidental use. See also Marina.

Boatyards means a premises or site used as a commercial establishment for the provision of all such facilities as are customary and necessary to the construction or reconstruction, or repair or maintenance, or sale of boats or marine engines or marine equipment and supplies of all kinds, including, but not limited to, rental of covered or uncovered boat slips or dock space or enclosed dry storage space or marine railways or lifting or launching services.

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

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

Building means any structure, either temporary or permanent, having a roof intended to be impervious to weather, and used or built for the shelter or enclosure of persons, animals, chattels, property of any kind, or created to shelter any form of human activity. This definition shall include tents, awnings, cabanas, or vehicles situate on private property and serving in any way the function of a building but does not include screened enclosures not having a roof impervious to weather. See also Structure.

Building, height of, means the vertical distance measured from the curb level to the highest point of the roof surface of a flat roof, to the deckline of a mansard roof and to the mean height level between eaves and ridge gable, hip and gambrel roofs. For buildings set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building provided its distance from the street line is not less than the height of such grade above the established curb level.

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

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

Capital budget means the portion of the county's budget that reflects capital improvements scheduled for a fiscal year.

Capital improvement means physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multi-year financing. For the purposes of this chapter, physical assets which have been identified as existing or projected needs in the individual comprehensive plan elements shall be considered capital improvements.

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

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

Childcare center means an establishment where three or more children, other than members of the family occupying the premises, are cared for. The term includes day care nurseries, kindergartens, day care service, day care agency, nursery school, or play school. The term does not include foster homes.

Clinic, medical or dental, means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is regulated by the state.

Club, night, means a restaurant, dining room, bar, or other similar establishment providing food or refreshments wherein music, paid floorshows, or other forms of paid entertainment are provided for customers as a part of the commercial enterprise.

Club, private. means and includes those associations and organizations of a fraternal or social character, not operated or maintained for profit, and to which there is restricted public access or use. The term "private club" shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.

Cluster development means a development pattern, for residential, commercial, industrial, institutional, or combinations of such uses, in which the uses are grouped or clustered through a density transfer, rather than spread evenly throughout a parcel as a conventional lot-by-lot development. This chapter may, upon county approval, authorize such development by permitting smaller lot sizes if a specified portion of the land is kept in permanent open space either through public dedication or through creation of a homeowners association.

Code inspector means those authorized agents or employees of the county whose duty it is to ensure code compliance, specifically the county manager or his designee.

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

Commercial hunting camps means any hunting camp or enterprise that requires a state fish and wildlife conservation commission (FWCC) permit or license.

Commercial kennel means the keeping/housing of more than ten animals. Large animals such as swine, horses, cattle, sheep and goats cannot be kept in a commercial kennel.

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

Community development director means the community development director, who is the county manager's designee who is responsible for administering and enforcing the development, planning and zoning of lands in unincorporated areas of the county. The term shall include all references in this Code to director, director of development services, community development director, development review director, director of planning and zoning, director of planning, or other similar terminology.

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

Comprehensive plan means the county comprehensive plan or elements or portions thereof prepared, adopted, or amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161 et seq.), as amended.

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

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

Concurrent with the impacts of development, pursuant to applicable state laws and rules, shall be satisfied when:

(1)

The necessary facilities and services are in place at the time a development permit is issued;

(2)

A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;

(3)

The necessary facilities are under construction at the time a permit is issued; or

(4)

The necessary facilities and services are guaranteed in an enforceable development agreement that included the provisions of concurrency as defined.

For recreation facilities, concurrency may also be met by adherence to applicable state laws and rules. For roads, concurrency may also be met by adherence to applicable state laws and rules.

Cone of influence means an area around one or more major water wells the boundary of which is determined by the government agency having specific statutory authority to make such a determination based on groundwater travel or drawdown depth.

Conservation uses means activities within land areas designated for the purpose of conserving or protecting natural resources or environmental quality and includes areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, fisheries management, or protection of vegetative communities or wildlife habitats.

Consistency means comprehensive plans are considered to be consistent with each other when land uses, proposed land uses, and impacts from proposed development are compatible with, or not in conflict with, land uses, proposed land uses or impacts from proposed development in an adjacent city or county.

Construction and demolition debris shall have the same definition as provided in F.A.C. 62-701.200(27).

Construction and demolition disposal site means any facility where construction and demolition debris is collected, transported, stored, separated, processed or disposed of in any way. The mixing of construction and demolition debris with any other types of solid waste will prevent a facility from meeting the definition of a construction and demolition debris disposal site.

Convalescent home. See Nursing home.

County means Glades County, Florida.

Coverage of a lot by buildings means that percentage of a lot area that is covered or occupied by buildings, including accessory buildings, or that percentage of a lot that may be covered or occupied by buildings, including accessory buildings, under terms and conditions of this chapter.

Current means the regulations in effect at the time an application for a land use approval, including a development order, is presented to the county for acceptance or approval.

Currently available revenue sources means an existing source and amount of revenue presently available to the county. It does not include the county's present intent to increase the future level or amount of a revenue source, which is on ratification by public referendum.

Day care nursery. See Childcare center.

Debris. See Rubble or debris.

Decent, safe and sanitary housing means a dwelling unit, which meets applicable housing and occupancy codes. A dwelling unit which, at a minimum; is structurally sound, watertight, and in good repair; contains a safe electrical wiring system adequate for lighting and other devices; contains a heating and air conditioning system capable of sustaining a healthful temperature (of approximately 70-80 degrees); is adequate in size with respect to a number of rooms and area of living space; and contains unobstructed egress to safe, open space at ground level.

Demolition means the complete or partial removal or destruction of any part or the whole of a building or structure upon any site when same will not be relocated intact to a new site.

Density means the existing or projected relationship between numbers of dwelling or housing units and land area and is usually expressed in per acre measurements.

(1)

Density control means a limitation on the occupancy of land, and is generally implemented through zoning. Special methods include use restrictions, such as single-family or multiple-family dwellings, minimum lot-size requirements, floor area ratio, setback or yard requirements, minimum house size requirements, lot area requirements, or other means.

(2)

Density transfer means permitting unused allowable densities in one area to be used in another area where the average density over an area or parcel remains constant, but internal variations are allowed.

(3)

Gross density means the overall number of units per acre in a development, including all supporting facilities.

(4)

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

Density bonus means an additional number of dwelling units above what would otherwise be permissible within a particular zoning classification or a future land use classification. When applied to a future land use classification, a density bonus may only be granted when, at a minimum, all housing units that exceed the maximum density permissible within that classification meets the definition of affordable for those of low-income and moderate-income.

Department means the county planning and zoning department or such other department, agency or officer as is designated to enforce the provisions of this chapter or any part thereof.

Department of community affairs (DCA) means a department of the state granted the authority by the state legislature, to receive, review, and approve comprehensive plans submitted by local governments, including, but not limited to, the planning and growth management principles contained in the plans.

Developer means any person, firm, association, syndicate, partnership, corporation, trust or other legal entity, including a governmental agency, undertaking any development.

Developer-initiated rezoning means the process by which an owner/developer of undeveloped land may apply for a change in zoning. The requirements for developer-initiated rezoning are set forth in section 125-162(e).

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Also, 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, the relocation of any buildings, the use of a tract of land for any new uses, or the dividing of land into three or more parcels.

(1)

The following activities or uses shall be defined as "development":

a.

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

b.

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

c.

Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any coastal construction;

d.

Commencement of drilling, except to obtain soil samples, mining, 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 defined as "development":

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 transportation of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way of any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like;

c.

Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure;

d.

The use of any structure or land devoted to dwelling uses for any purposes customarily incidental to enjoyment of the dwelling;

e.

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

f.

A change in the use of land or structure from a use within a class specified in this chapter, an ordinance, or rule to another use in the same class;

g.

A change of ownership or form of ownership of any parcel or structure;

h.

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

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

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

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

Development order means any order by the county granting, denying, or granting with conditions, an application for a development approval.

Development permit means and includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect or permitting development. Development permit has the same meaning as given for that term in F.S. § 163.3164(7).

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

Disposal shall have the same definition as described in F.A.C. 62-701.200(35).

Districts means zoning districts as established pursuant to this chapter, as amended from time to time.

Domestic farm animals means all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle and other grazing animals; and, poultry, including chickens, turkeys, ducks, geese and guineas; and, ostriches, emus and rheas.

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

Drive-in restaurant and refreshment stand mean any place or premises where provision is made on the premises for the selling, dispensing, or serving of food, refreshments, or beverages in or to automobiles and/or in other than a completely enclosed building on the premises, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in automobiles on the premises and/or in other than a completely enclosed building on the premises. A restaurant which provides drive-in facilities of any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant for purposes of this chapter. A barbecue stand or pit having the characteristics noted in this definition shall be deemed a drive-in restaurant. See also Restaurant.

Drive-in theater means a place of outdoor assembly used for the showing of motion pictures and similar forms of entertainment, which is designed to permit the audiences to view the motion picture, from self-propelled vehicles parked within the theater enclosure.

Dwelling, generally, means any building, or part thereof, occupied in whole or in part, as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently, with cooking and sanitary facilities.

Dwelling, multiple dwelling use, for purposes of determining whether a lot is in multiple dwelling uses, the following considerations shall apply:

(1)

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

(2)

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

(3)

Guest houses and servant's quarters shall not be considered as dwelling units in the computation of (2) above.

(4)

Any multiple dwelling in which dwelling units are available for rental for periods of less that one week shall be considered a tourist home, motel, motor hotel, or hotel as the case may be.

Dwelling, multiple-family, means a building containing three or more dwelling units. For regulatory purposes, the term is not to be construed as including manufactured homes, mobile homes, motor homes, travel trailers, recreational vehicles, housing mounted on self-propelled or drawn vehicles, tents, houseboats, or other forms of temporary or portable housing.

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

Dwelling, two-family or duplex, means a building containing only two dwelling units. For regulatory purposes the term is not to be construed as including manufactured homes, mobile homes, motor homes, travel trailers, recreational vehicles, housing mounted on self-propelled or drawn vehicles, tents, houseboats, or other forms of temporary or portable housing.

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

Easement means a right given by the owner of land to another party for specific limited use of that land or a portion of that land. For example, a property owner may give or sell an easement on his property to allow utility facilities such as power lines or pipelines, or to allow access to another property. A property owner may also sell or dedicate to the government the development rights for all or part of a parcel, thereby keeping the land open for conservation, recreation, scenic or open space purposes. An easement is a nonpossessory interest in land granted for limited use purposes.

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

Enforcement official means the county manager or his designee.

Engineer means the developer's engineer, unless otherwise specified.

Erected means and includes building, constructing, reconstructing, relocating upon, or any physical operation on a parcel of land required for building. Excavations, fill, drainage, demolition of an existing structure, and the like shall be considered part of erection. (See Construction, actual. )

F.A.C. means the Florida Administrative Code.

Family means one or more persons occupying a single dwelling unit, provided that unless all members are related by law, blood, adoption, or marriage, no such family shall contain over four persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families. The term "family" shall not be construed to mean a fraternity, sorority, club, monastery or convent, or institutional group or home.

Filing station. See Automotive service station.

Five-year frequency one-day duration storm event means a storm event and associated rainfall during a continuous one-day period that may be expected to occur once every five years. Its associated floodplain is that land which may be expected to be flooded during the storm event.

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

(1)

The overflow of inland or tidal waters;

(2)

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

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of a special flood hazard have been designated as "zone A."

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Insurance Administration has delineated both areas of special flood hazard and the risk of premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.

Floodplains (100-year floodplain) means areas inundated during a 100-year flood event or identified by the National Flood Insurance Program as an A zone or V zone on flood insurance rate maps or flood hazard boundary maps.

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

Floor means any building story useable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof.

Floor area means the floor area of a structure or building shall be determined by measuring the outside surface of exterior walls, and excluding areas under overhangs or unenclosed areas such as hutches.

Florida Department of Community Affairs. See Department of community affairs.

Florida Master Site means the state's clearinghouse for information on archaeological sites, historical structures, and field surveys for such sites that are or can be designated as Florida Master Sites. A combination of both paper and computer files which are administered by the Bureau of Archaeological Research, Division of Historical Resources, State of Florida.

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

Frontage of a lot. See Lot frontage.

F.S. means Florida Statutes.

Garage apartment, means an accessory or subordinate building, not a part of or attached to the main building, where a portion thereof contains a dwelling unit for one family only, and the enclosed space for at least one automobile is attached to such dwelling unit. See the definition of "private guesthouse/garage apartment/pool house or cottage" for further definitions and restrictions on garage apartments all of which are applicable to this definition.

Garage, private, means an accessory structure designed or used for inside parking of private passenger vehicles owned by the occupants of the main building. A private garage attached to or a part of the main structure is to be considered part of the main building. An unattached private garage is to be considered as an accessory building.

Garage, public, means a garage that is available to the public, whether or not a fee is collected. Such garages may not involve the repair or servicing of any motor vehicles.

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

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

Glades County Comprehensive Plan. See Comprehensive plan.

Goal means the long-term end toward which programs or activities are ultimately directed.

Group home means a facility which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents. Adult congregate living facilities comparable in size to group homes are included in this definition. A group home may also be known as a community residential home as defined by state law. It shall not include rooming or boarding homes, clubs, fraternities, sororities, monasteries or convents, hotel, residential treatment facilities, nursing homes, or emergency shelters. Further, it shall not include rehabilitation facilities, half-way houses, camps, retreats, or other similar lodging offered as a condition of, or in association with, an organized course of treatment of sexual offenders or as a condition of, or in association with, an organized course of treatment for those other than sexual offenders.

Growth Management Act means the compilation of revisions to state land use and zoning laws, including F.S. ch. 163, pt. II (F.S. § 163.2511 et seq.), The Local Government Comprehensive Planning and Land Development Regulation Act, enacted by the legislature in 1985, as amended.

Guest house means an accessory structure built to accommodate the housing of guest of the primary structure. The minimum facilities of a guest house shall include a sleeping room, kitchen, and a bathroom with toilet and bathing facilities. A guest house shall not be rented or leased, and shall not be sold unless it is sold then the primary structure is sold to the same buyer. The habitable area of a guest house shall not exceed 50 percent of the area of the primary structure's habitable area.

Hardship means an unreasonable burden that is unique to a parcel of property such as peculiar physical characteristics. Economic problems may be considered but may not be the sole basis for finding the existence of a hardship.

Hazardous waste means 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.

Height of a building. See Building, height of.

Heliport means an area, either at ground level or elevated on a structure, licensed or approved for the landing and takeoff of helicopters and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment associated with the landing and take off of helicopters.

Historic resources means historically significant structures or archeological sites.

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

Home for the aged means a facility for the care of the aged with routine nursing and/or medical care and supervision provided. A home for the aged is in the nature of a nursing home, but with clientele restricted to the aged.

Home occupation means any occupation customarily carried on by an occupant of a dwelling unit as an accessory use which is clearly incidental to the use of the dwelling unit for residential purposes.

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

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

House of worship means a building used as a place of worship and religious education and for customary accessory uses, by a body or organization of religious believers.

Hurricane shelter means a structure designated by local officials as a place of safe refuge during a storm or hurricane.

Hurricane shelter space means the amount of area within a hurricane shelter providing for the safe refuge of a person. A hurricane shelter space shall be equal to ten square feet per person, inclusive of areas set aside within the hurricane shelter for disaster health and mental health services, shelter management, storage and registration.

Hurricane shelter space, adequate, where adequate hurricane shelter space is required to be provided in association with a development project or as otherwise required by county ordinance, adequate hurricane space shall be defined as:

(number of households) × (persons per household) × (number of square feet per person)

where:

(1)

Number of households represents the total number of units, dwelling, lots and the like constructed within the subject development and that are authorized for occupancy;

(2)

Persons per household shall be determined by the most recently published estimate of the University of Florida's Bureau of Economic and Business Research; and

(3)

Number of square feet per person shall be defined by "hurricane shelter space."

Hurricane shelter space impact fee shall be equal to:

(square feet of hurricane shelter space required) × (dollars per square foot for construction of a hurricane shelter)

where:

(1)

Square feet of hurricane shelter space required is the total number of square feet as defined by "adequate hurricane shelter space"; and

(2)

Dollars per square foot of a hurricane shelter is the unit price per square foot for construction of a church of an average Type VI, 1-HR rating and material). Generally recognized standards shall be the most recent issue preceding the date of application for a building permit for the hurricane shelter or the most recent issue preceding the date of issuance of the building permit, whichever would yield the lower dollars per square foot of construction.

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

Increase nonconformity means any one of an infinite number of differing combinations of change which, in effect, would make a use of land or structures already not in conformance with this chapter, less in compliance with this chapter after the change as compared to the use's or structure's condition prior to the change.

Industrial uses means the activities within land areas predominantly connected with manufacturing, assembling, processing, or storage of products.

Infrastructure means those manmade structures which serve the common needs of the population, such as: sewage disposal systems, potable water systems, potable water wells serving a system, solid waste disposal sites or retention areas, stormwater systems, utilities, piers, docks, wharves, breakwaters, bulkheads, seawalls, bulwarks, revetments, causeways, marinas, navigation channels, bridges, and roadways.

Intensity means a measure of the concentration of activity on land. Frequently confused with density, intensity has a broader though somewhat inexact meaning, referring to levels or degrees for activity in uses such as residential, commercial, industrial, recreation, or parking. For example, a shopping center is a far more intensive use than a convenience store.

Kindergarten. See Child care center.

Land development regulations means and includes local zoning, subdivision, building, and other regulations controlling the development of land.

Land use categories means the land use categories for the county that are established in the county comprehensive plan and are the product of an analysis of both the existing conditions in the county as well as the application of planning and growth management principles. Land use categories must be reviewed and approved by the state department of community affairs (DCA). These categories may only be modified by a comprehensive plan amendment that must also be reviewed and approved by DCA, zoning districts are specific defined areas where certain uses are permitted, prohibited, or restricted. By state law, all zoning districts must be consistent with the county comprehensive plan.

Landfill means a solid waste disposal facility which is an area of land or an excavation where wastes are or have been placed for disposal. The definition of landfill does not include a land spreading site or a construction and demolition debris disposal site. Solid waste has the same definition as is provided in F.A.C. 62-701.200(113).

Lawfully means a building or use which was permitted by right, special exception, special permit or other action approving the use or placement of a structure by the county, at the time it was built or occupied, and such building or use was located in compliance with the zoning regulations for the district in which it was located.

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

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

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

Lot means a parcel of land considered as a unit, of at least sufficient size to meet minimum requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required (provided that certain nonconforming lots of record at the effective date of the ordinance from which this chapter is derived or its amendment are exempted from certain of its provisions). Such lots shall have frontage on a public street or on an approved private street, and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

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

(4)

A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

Lot, adjacent, means the lot immediately adjoining or contiguous to or abutting the right-of-way immediately opposite the lot that is subject to review under this chapter.

Lot, developed, means any lot which has been improved and is in residential, mobile home, commercial, industrial or public use.

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

Lot measurement means and includes:

(1)

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

(2)

Width. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80 percent requirement shall not apply.

Lot of record means:

(1)

Any contiguous quantity of land that is part of an approved subdivision recorded in the office of the clerk of the circuit court of the county;

(2)

Any contiguous quantity of land which is capable of being described with such definitiveness that its location and boundaries are established, and which has been so recorded in the public records in the office of the clerk of the circuit court county prior to April 1, 2003, unless otherwise considered to be a nonconforming lot of recorded as described in this chapter; or

(3)

Any contiguous quantity of land which is the subject of an agreement for deed or other instrument of conveyance properly executed prior to April 1, 2003, and which describes the parcel with such definitiveness that its location and boundaries are established and recognized by state law, unless otherwise considered to be a nonconforming lot of record as described in this chapter.

Lot types.

Corner lot means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of one side lot line to the foremost point of the other side lot line met at an interior angle of less than 135 degrees.

Interior lot means a lot other than a corner lot with frontage on one street.

Reversed frontage lot means a lot on which the frontage is at right angles or approximately right angle (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot.

Through lot means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as "double frontage lots."

Low-income person or family means a person or household, as applicable, at or below 80 percent of median income for the area for a person or family as applicable.

Manufactured home means a building manufactured off the site in conformance with state law which is subsequently transported to it's permanent site, complete or in modules, and then permanently fixed to it's own foundation with no intention to relocate the manufactured home in the future. In order to satisfy the definition of manufactured home, a dwelling must satisfy the definition of manufactured housing as defined by the United States Department of Housing and Urban Development. Manufactured homes can only be used as residential dwellings. The definition does not include mobile homes, recreational vehicles or travel trailers.

Marina means an establishment with a waterfront location for the refueling of watercraft used for recreational and noncommercial purposes, and providing minor repair services for such craft not involving removal of watercraft from the water or removal of inboard or outboard engine from the watercraft. A marina may provide uncovered storage not involving the removal of craft from the water. A marina may include, as accessory uses, a restaurant or snack bar, laundry or sanitary facilities, motel or boatel, sundries store, and other customary accessory facilities. A marina does not include facilities for boat or motor rental, mechanical or structure repair as noted above, or boat hauling or launching.

Mean sea level means the average height of the sea for all stages of the tide.

Minerals means all solid materials, including clay, gravel, phosphate rock, lime, shells (excluding live shellfish), stone, sand, heavy minerals, and any rare earths, which are contained in the soils or waters of the state.

Minimum enroute altitude means the altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

Minimum obstruction clearance altitude means the specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments, which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within 22 miles of a VOR.

Mining activity or operation means the excavation and extraction of solid minerals from the ground, including, but not limited to, phosphate, rock, lime rock, coral stone, lime stone, sand, gravel and shell, for use off the site from which the minerals are mined. The definition of mining also includes the excavation or extraction of materials from the ground where the excavated area exceeds two acres in size as to its surface area. The definition of mining does not include the excavation or extraction of materials from the ground for agricultural activities/purposes unless the excavated area exceeds two acres in size as to its surface area. A mining activity or operation permit must be acquired from the county prior to any mining activity or operation occurring.

Mitigation means a process designed to prevent adverse impact of an activity on natural resources. Mitigation may include the restoration on-site or off-site of natural resources that have been altered or destroyed by development or agricultural activity.

Mobile home means a structure, fabricated in an off-site manufacturing facility in conformance with the Federal Mobile Home Construction and Safety Standards (24 CFR 3280 et seq.) which is subsequently transported to a site, complete or in sections, where it is then placed and tied down in accordance with applicable state laws and rules with the distinct possibility of being relocated at a later date. In order to satisfy the definition of mobile home, a residential unit must be constructed in compliance with the rules and regulations promulgated by the United States Department of Housing and Urban Development. Mobile homes can only be used as residential dwellings. The definition does not include manufactured homes, recreational vehicles or travel trailers.

Mobile home park means a place set aside and offered by a person or public body, for either direct or indirect remuneration of the owner, lessor or operator of such place, for the parking or accommodation of six or more mobile homes or manufactured houses utilized for sleeping or eating. All mobile home parks must be licensed by the state under F.S. ch. 513. Parks or enterprises existing on the effective date of the adoption of this chapter, which would otherwise meet the definition of a mobile home park but for the number of accommodations, shall be considered nonconforming and upon removal of rental units existing on the site as of the effective date of the ordinance from which this definition is derived shall not thereafter be replaced or reoccupied. This requirement shall not prohibit the retention or placement of a single dwelling unit on a site or parcel otherwise in conformity with all provisions of this chapter.

Mobile home subdivision means a subdivision of land intended for the sale of lots for siting mobile homes or dwelling units meeting the appearance and design standards of this chapter.

Mobile home, substandard, means all mobile homes built prior to June 15, 1976, as well as newer units, not built to or not remaining in substantial conformity with the Federal Manufactured Home Construction and Safety Standards (HUD Code). A substandard mobile home shall be considered substandard housing.

Moderate-income person or family means a person or household, as applicable, between 80 percent and 100 percent of median income for the area for a person or family as applicable.

Modular home means factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site-built homes.

Motel. See Hotel.

Motor lodge. See Hotel.

National Register of Historic Places means a listing, established by Congress in 1935, of culturally significant buildings, structures, objects, sites, and districts in the United States. The listing is maintained by the U.S. Department of Interior.

Natural drainage features means the naturally occurring features of an area, which accommodate the flow of surface water, including stormwater, such as streams, rivers, lakes and wetlands.

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

Natural resources means land, air, surface water, groundwater, drinking water supplies, fish and their habitats, wildlife and their habitats, biota, and other such resources.

Natural vegetation means vegetative communities that are native to, and therefore tolerant of, a particular geographic location.

New construction means structures for which the start of construction commenced on or after the effective date of the ordinance from which this chapter is derived or any applicable amendments of this chapter. The term "new mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent of sale for which the construction of facilities for serving the lot on which the mobile home is to be affixed (including at a minimum, the installation of utilities, either final site grading or pouring of concrete pads, and the construction of streets) is completed on or after the effective date of the ordinance from which this chapter is derived or any applicable amendment of this chapter.

Nonattainment area means a geographical area in which ambient air quality falls below federal standards, per the Clean Air Act, as amended, and implementing regulations.

Noncommercial/private hunting camp means a hunting camp used by the landowner and his guests/lessees except for hunting camps which require any state fish and wildlife conservation commission (FWCC) permitting/licensing. Hunting camps which require any FWCC permitting/licensing are specifically excluded from the definition of noncommercial/private hunting camps.

Nonconforming lot, structure, use of land, etc., means any and all land uses, lots, structures or activities, which are prohibited under or do not satisfy/comply with the current provisions of the comprehensive plan or land development regulations, but which complied with those requirements in effect at the time the nonconforming use, lot, structure or activity was established. Such uses, lots or structures may continue indefinitely, except where land development regulations require their elimination. In order to qualify as nonconforming, a use, lot or structure must have been in continuous use or have followed a regular seasonal pattern of activity without ceasing for a continuous period of longer than six months. Nonconforming uses, lots or structures shall not be expanded, enlarged or increased in any manner, except as provided in the land development regulations. Once a nonconforming use, lot or structure is abandoned or eliminated or ceased for longer than six months, all associated lands, uses or structures shall be used and exist only in accordance with the current adopted comprehensive plan and current requirements of the land development regulations.

Nonconforming structure means a structure which is prohibited under, or does not comply with, current land use regulations relating to size, setbacks, or building design, but does meet those standards in effect at the time of construction. A nonconforming structure cannot be rebuilt, replaced or enlarged, except as provided in this chapter. The presence of a nonconforming structure on a parcel of land does not allow the reestablishment of a nonconforming use, which has been abandoned or eliminated or has ceased for longer than six months.

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

Nuisance weeds means grass, weeds, brush and undergrowth, specifically excluding trees, shrubs, and saw palmettos, which are allowed to grow in an uncontrolled manner or not cared for or regularly maintained and which reach a height in excess of 20 inches.

Nursery school. See Child care center.

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

Objective means a specific, measurable, intermediate end that is achievable and marks progress toward a goal.

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

Office, professional or business means an office for the use of a person or persons generally classified as professionals, such as architects, engineers, attorneys, accountants, medical doctors, dentists, psychiatrists, psychologists, licensed clinical social workers, surveyors, financial consultants, land planners, chiropractors and the like; or an office for such activities as real estate agencies, insurance agencies, travel agencies and ticket sales, chamber of commerce, abstract or title agencies, stock broker and the like. It is characteristic of a professional or business office that retail or wholesale goods are not shown to or delivered from the premises to a customer and that the primary function of such offices is the provision of advice and consultative services. A barber or beauty shop is not a professional or business office nor is a veterinarian's office where animals are treated on the premises.

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

Open space means undeveloped lands suitable for passive recreation or conservation uses.

Owner means the owner of record of a lot as such appears in the official records of the clerk of the circuit court for the county.

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

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

Park model RV. See subsection (7) under the definition for Recreational vehicle.

Parking space, off-street, means an off-street parking space shall consist of a space adequate for parking a standard size automobile, or SUV with room for opening doors on both sides, together with properly related access to public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be considered to be met only where actual spaces meeting the requirements above are provided and maintained, improved in the manner required by this chapter, and in accordance with all ordinances and regulations of the county.

Permitted principal uses and structures means a comprehensive list of the types and kinds of principal uses and structures corresponding to a specific zoning district.

Planned unit development (PUD) means a form of development usually characterized by a unified site design for residential and commercial uses, allowing for the clustering of buildings, and providing relatively high net residential densities balanced by common open space. It permits the planning of a project and the calculation of densities over the entire development, rather than on a lot-by-lot basis. It also refers to a process, mainly revolving around site-plan review, in which public officials have considerable involvement in determining the nature of the development. It includes aspects of subdivision, site plan and zoning regulation and usually is administered through a rezoning process.

Plot. See Lot.

Policy means the way in which programs and activities are conducted to achieve an identified goal.

Pollution means the presence in the atmosphere, ground or water of any substances, contaminants, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water, in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property.

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

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

Principal use means the primary purpose for which land or a structure or building is used.

Private guesthouse/garage apartment/pool house or cottage means a dwelling unit in a building separate from and in addition to the primary residential building on a lot to be used exclusively for intermittent or temporary occupancy by a nonpaying guest of the permanent residents of the primary residential building. Such quarters shall not be rented. No private guesthouse/garage apartment/pool house or cottage shall exceed 25 percent of the gross living space of the principal residence and in no event shall the private guesthouse/garage apartment/pool house or cottage exceed 1,000 square feet of gross living space nor be less than 600 square feet of gross living area. Any private guesthouse/garage apartment/pool house or cottage must incorporate the architectural features of the primary residence on the same site. No more than one private guesthouse/garage apartment/pool house or cottage shall be permitted on any residential parcel. This definition includes all accessory living quarters regardless of whether they are called a private guesthouse/garage apartment/pool house or cottage or some other name and the use of the structure shall control whether a structure falls within this definition.

Private kennel means a kennel housing ten or less privately owned animals, not for sale as a separate commercial enterprise. Large animals such as swine, horses, cattle, sheep, and goats cannot be kept in a private kennel.

Prohibited uses and structures means any and all uses and structures not specifically and clearly permitted in a relevant zoning district or not otherwise permitted by the county shall be prohibited.

Public access means the ability of the public to physically reach, enter or use recreation sites including parks, lakes and shores.

Public facilities means transportation systems or facilities, sewer systems or facilities, solid waste management systems or facilities, drainage systems or facilities, potable water systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public health systems or facilities which are normally owned or operated by a public or quasi-public entity or utility company. Individual private potable water wells or septic systems are not public facilities.

Public facilities and services, which must be available concurrent with the impacts of development means those covered by comprehensive plan elements required by F.S. § 163.3177 and for which level of service standards must be adopted under by state laws and rules. The public facilities and services are: roads, sanitary sewer, solid waste, drainage, potable water, parks and recreation, and mass transit.

Public hurricane shelter means a structure designated by local emergency management officials and the American Red Cross as a shelter during a hurricane.

Public sanitary sewer facilities means sanitary sewer facilities, either publicly or privately owned, which serve at least 15 service connections, or regularly serve at least 25 residents, or that serve a single large-scale user, such as a power plant, an industrial or commercial site, or a landfill. Generally, a multi-user septic tank is not a public sanitary sewer facility.

Public shelter. See Public hurricane shelter.

Public shelter spaces means the number of temporary refugees a public shelter can accommodate during a storm or hurricane. A shelter space is a minimum of 40 square feet per person, as per the American Red Cross facility rules and requirements.

Public supply water system means a potable water facility which serves at least 15 service connections, or regularly serves at least 25 residents, or that serves a single large-scale user, such as a power plant, an industrial or commercial site, or a landfill.

Public use means the use of any land, water or building by a public agency for a public service or purpose.

Recovered materials processing facility shall have the same definition as stated in F.A.C. 62-701.200(103).

Recreation means the pursuit of leisure time activities occurring in an indoor or outdoor setting.

Recreation facility means a component of a recreation site used by the public such as a trail, court, athletic field or swimming pool or other similar types of facilities.

Recreation uses means activities within areas where recreation occurs.

Recreational vehicle (RV) means a transportable unit primarily designed as temporary living quarters for recreation, camping, or travel use which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicles, when traveling on the public roadways of this state, must comply with the length and width provisions of F.S. § 316.515 as that section may hereafter be amended. As defined below, the basic entities or types of recreational vehicles are:

(1)

The travel trailer, including a fifth-wheel travel trailer, which is a vehicular portable unit, mounted on wheels, of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use. It has a body with no more than 8½ feet and an overall body length of no more than 40 feet when factory-equipped for the road.

(2)

The camping trailer, which is a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.

(3)

The truck camper, which is a truck equipped with a portable unit designed to be loaded onto, or affixed to, the bed, or chassis of a truck and constructed to provide temporary living quarters for recreational, camping, or travel use.

(4)

The motor home, which is a vehicular unit which does not exceed 40 feet in length and the height and width limitations provided for in F.S. § 316.515, is a self-propelled motor vehicle, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use.

(5)

The private motor coach, which is a vehicular unit which does not exceed the length, width and height limitations provided for in F.S. § 316.515(9), is built on a self-propelled bus-type chassis having no fewer than three load bearing axles, and is designed for temporary living quarters for recreational, camping, or travel use.

(6)

The van conversion, which is a vehicular unit that does not exceed the length and width provided for in F.S. § 316.515, is built on a self-propelled motor vehicle chassis, and is designed for recreational, camping, or travel use.

(7)

The park trailer, park model trailer, park model recreational vehicle, or park model mobile home, which is a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a part trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions.

Recreational vehicle park means a place set aside and offered by a person or public body, for either direct or indirect remuneration of the owner, lessor or operator of such place, for the parking or accommodation of six or more recreational vehicles utilized for sleeping or eating. All recreational vehicle parks must be licensed by the state under F.S. ch. 513. Parks or enterprises existing on the effective date of the ordinance from which this chapter is derived which would otherwise meet the definition of recreational vehicle park but for the number of accommodations shall be considered nonconforming and upon removal of rental units existing on the site as of the effective date of this chapter shall not thereafter be replaced or reoccupied. This requirement shall not prohibit the retention or placement of a single dwelling on a site or parcel otherwise in conformity with all provisions of this chapter.

Recycling facility means a place, structure, or lot where cumulatively there exists more than 2,000 pounds of junk, waste, discarded, salvaged, used, secondhand or similar materials such as wood, wastepaper, sludge, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, scrap metal, used building materials, household appliances, containers, bottles, etc., which are brought, bought, sold, exchanged, baled, parked, disassembled, stored, or handled, including yards or places for the storage, sale, or handling of salvaged house wrecking or structural steel materials. Recycling means a process by which any of the materials referenced in the preceding sentence are collected, separated or processed and reused or returned to use in the form of raw materials or new products. To constitute a recycling facility, a majority of the materials brought to the facility must be demonstrated to be sold, used, or reused within one year. This definition shall not include pawnshops and establishments for the sale, purchase, or storage of operable secondhand cars, clothing, operable salvaged machinery, furniture, radios, stoves, refrigerators or similar household goods and appliances, all of which shall be operable and usable, nor shall it apply to the processing of used, discarded, or salvaged materials incident to manufacturing activity on the same site where such processing occurs, nor shall it apply to construction and demolition debris processing which must be performed at a construction and demolition debris disposal site.

Redevelopment means undertakings, activities, or projects of a county, municipality, or community redevelopment agency for the elimination and prevention of the development or spread of slums and blight or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment, or rehabilitation or conservation, or any combination or part thereof.

Registered means, as specifically enacted by the state legislature, recorded as the laws of Florida pertaining to engineers and surveyors.

Rehabilitation means the act or process of returning a property to a state of utility through repair or alteration, which makes possible an efficient use.

Relocation housing means those dwellings, which are made available to families, displaced by public programs, provided that such dwellings are decent, safe, and sanitary and within the financial means of the families or individuals displaced.

Resident population means inhabitants counted in the same manner utilized by the United States Bureau of the Census, in the category of total population. Resident population does not include seasonal population.

Residential child caring facility means a childcare program licensed by the state department of children and families to provide 24-hour care and services to minors in either a group home or outdoor living program.

Residential single-family estate zone means a designated zone of the county accommodating single-family residential communities comprised of large lots in a rural setting. These zones may provide for the keeping of domestic farm animals as an accessory and incidental use on lots with a minimum area of five acres.

Residential uses means activities within land areas used predominantly for housing.

Restaurant means an establishment where food is ordered from a menu, prepared, and served for pay primarily for consumption on the premises in a completely enclosed room, under roof of the main structure, or in an interior court. A drive-in restaurant is not a restaurant. A cafeteria shall be deemed a restaurant for purposes of this chapter.

Restaurant, drive-in, or refreshment stand means any place or premises where provision is made on the premises for the selling, dispensing, or serving of food, refreshments, or beverages in automobiles, and/or in other than a completely enclosed building on the premises, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in automobiles on the premises and/or in other than a completely enclosed building on the premises. A restaurant which provides drive-in facilities of any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant for purposes of this chapter. A barbecue stand or pit having the characteristics noted in this definition shall be deemed a drive-in restaurant.

Right-of-way means land in which the state, a county, or a municipality owns the fee simple title or has an easement dedicated or required for a transportation or utility use.

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

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

Rubble or debris means waste materials resulting from the construction or demolition of structures or buildings, which are not usable as a part of or for the construction, or demolition of structures or buildings. See the definition of Construction and demolition debris.

Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Sanitary landfill. See Landfill.

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

Seasonal population means part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population shall include tourists, migrant farm workers, and other short-term visitors.

Section 8 existing housing program means a federal housing program authorized under Section 8 of the U.S. Housing Act, as amended. The Section 8 program provides rental subsidies to encourage new construction and substantial rehabilitation of existing housing. As part of its rehabilitation component, the Section 8 program establishes housing quality standards which are minimum standards for the safe and healthful occupancy of a dwelling unit.

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

Service station. See Automotive service station.

Services means the programs and employees determined necessary by local government to provide adequate operation and maintenance of public facilities and infrastructure as well as those educational, health care, social and other programs necessary to support the programs, public facilities, and infrastructure set out in the local plan or required by local, state, or federal law.

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

Sign means any writing, pictorial presentation, number, illustration, or decoration, flag banner, or pennant, or other device which is used to announce direct attention to, identify, advertise or otherwise make anything known.

Site excavation means excavation of rock, shell, sand, or other materials for use in construction or any other purpose on the same parcel of land or development site from which it was removed. The transport of excavated materials within the boundaries of a platted subdivision, or unrecorded subdivision if established prior to adoption of the comprehensive plan, shall constitute a site excavation. Any site excavation which exceeds two acres in size as to the surface area of the excavated site will require a mining permit from the county prior to any site excavation being performed.

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

Site plan review means a review of a site plan of a proposed development to verify compliance with current land development regulations, including zoning and sign regulations. A site plan review shall be required prior to the issuance of any building permit. The site plan must be submitted in three duplicate sets to the community development department. The community development director has the authority to approve or reject the site plan, or issue conditional site plan approval. The rejection shall either be a red-lined site plan or a letter outlining the deficiencies in the site plan. The applicant at its discretion, may choose to resubmit a revised site plan, or appeal the decision of the community development director. Any appeal of the decision of the community development director shall be by a petition for writ of certiorari to the circuit court. Any such appeal must be filed within 30 days of the decision to approve, reject, or approve with conditions.

Solid waste means sludge from a waste treatment works, water supply treatment plant, or air pollution control facility; or garbage, rubbish, refuse, 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 disposal facility means the definition of solid waste disposal facility is the same as contained in F.A.C. 62-701.200(115).

Solid waste management facility means any facility where solid waste is collected, transported, stored, separated, processed or disposed of, including a landfill, a transfer station, a materials recovery facility or any other land area or facility where the above stated solid waste activities occur.

Special exception means a use that would not be appropriate generally or without restriction throughout a zoning division, district or zone but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning classification or district as a special exception only if specific provision for such a special exception is made in this chapter.

Special exception uses means a comprehensive list of types and kinds of uses the planning commission/board of adjustment or the board of county commissioners, after public notice and hearing, may in its sole discretion permit, in a specific zoning district, subject to appropriate conditions and safeguards.

Standard condition housing means dwelling units that meet the federal Minimum Housing Quality Standards as established for the HUD Section 8 program.

Start of construction means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include the installation of streets and/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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, the term "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, start of construction is the date on which the construction of facilities for servicing the site on which the mobile home park is to be affixed (including, at a minimum the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

Storage means the safe keeping of any goods, wears, products or other commodities in any area for more than 48 hours for later use or disposal. The term "storage" includes the keeping of boats, cars, recreational vehicles, etc., for others, whether or not compensation is made to the property owner. The term shall not include animals, nor shall it apply to normally anticipated outdoor display of products for sale such as by boat, mobile home, construction equipment, or vehicle dealers, or landscaping materials, or customary and usual activities accessory to agricultural or residential dwellings.

Stormwater means the flow of water which results from a rainfall event.

Story means the part of a building contained between any floor and the floor or roof next above.

Street means a public or approved private thoroughfare which affords the principal means of access to abutting property. The term "street" includes lanes, ways, drives, places, boulevards, roads, avenues, or other means of ingress or egress, regardless of the descriptive term used.

Street, arterial, means a main traffic thoroughfare, as indicated on the county arterial road plan.

Street, collector, means a street designed to facilitate adequate traffic flow from subdivision streets to arterial streets.

Street, marginal, means a street which is parallel to and adjacent to a major street, or railroad right-of-way, and which serves as access to property on one side only.

Street, minor, means a street within a subdivision designed to provide access to those lots immediately adjacent.

Structure means anything constructed or installed which is rigidly and permanently attached to the ground or to another object, which is rigidly and permanently attached to the ground. This shall include, but not be limited to, supporting walls, signs, screened or unscreened enclosures covered by a permanent roof, swimming pools, poles, and pipelines. The term "structure" includes the term "building" as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground.

Subdivider means a person developing a subdivision or that person's agents, and where the method of disposition is intended to evade platting or development restriction, the term shall also include a subdivider's successors or assigns.

Subdivision means the division of a parcel of land, whether improved or unimproved, resulting in three or more contiguous lots or parcels of land, for the purpose, whether immediate or future, or transfer of ownership or if the establishment of a new street is involved, any division of such parcel. However, the division of land into parcels of more than 40 acres not involving any change in street lines or public easements of whatsoever kind is not deemed a subdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.

Substandard housing unit means a housing unit having a deteriorated or dilapidated appearance and which is unsafe or unhealthful for occupancy.

Substantial improvements.

(1)

The term "substantial improvements" means, for a structure built prior to the enactment of this chapter, any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started; or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

(2)

The term does not, however, include either:

a.

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

b.

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Substantial mobile home. See Mobile home, substandard.

Support documents means any surveys, studies, inventory maps, data, inventories, listing or analyses used as basis for or in developing the local comprehensive plan.

Ten-year frequency one-day duration storm event means a storm event and associated rainfall during a continuous one-day period that may be expected to occur once every ten years. Its associated floodplain is that land which may be expected to be flooded during the storm event.

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

Townhouses or rowhouse means three or more single-family structures separated by party walls or separated by not more than one inch from another townhouse. A townhouse may be held in separate ownership. Side yards are not required for interior townhouses but front and rear yards shall be required for all townhouses as for single-family dwellings in the district in which the townhouses are located. End units shall have side yards, or, if on a corner lot, front yards as for single-family dwellings in the district in which the townhouses are located. Each townhouse unit must have direct exterior access and each townhouse unit must be separated from all of the units by a rated firewall or a fire and sound resistant enclosed separation or space.

Trailer means a mobile home. See Mobile home.

Trailer, travel or camping. See Recreational vehicle.

Trash. See Yard trash.

Tree means any woody plant or palm which in its mature state under normal growing conditions reaches a height of ten feet or greater.

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

25-year floodplain means an area subject to flooding in a 25-year storm event.

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

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

Uniform Relocation Act means a federal statute and regulations which applies to all federal or federally-assisted activities that involve the acquisition of real property or the displacement of persons, including displacements caused by rehabilitation and demolition activities. The purpose of the Uniform Act is to ensure that owners of real property to be acquired for federal and federally-assisted projects are treated fairly and consistently and to ensure that persons displaced as a direct result of federal or federally-assisted projects are treated fairly, consistently, and equitably so that such persons will not suffer disproportionate injuries, as a result of projects designed for the benefit of the public as a whole (49 CFR 24).

Unique native vegetative communities means ecological communities whose occurrence is rare or is of special social, economic, educational, aesthetic, or scientific value, such as oak hammocks and cypress swamps.

Unique natural habitats means:

(1)

Habitat : the environment in which an animal normally lives and in which it meets its basic need for food, water, cover, breeding space, and group territory.

(2)

Unique : occurrence is rare or infrequent or is of special social/cultural, economic, educational, aesthetic, or scientific value. Areas where endangered, threatened, or rare species, or remnant native plant species, occur.

Unique natural resources means natural resources which are rare or infrequent in occurrence, or are of special social/cultural, economic, educational, aesthetic, or scientific value.

Urban infill means development of vacant properties surrounded by existing development or located in areas of scattered development.

Urban sprawl means scattered, untimely, poorly planned urban development that occurs in urban fringe and rural areas and frequently invades lands important for environmental and natural resource protection. Urban sprawl typically manifests itself in one or more of the following ways:

(1)

Leapfrog development;

(2)

Ribbon or strip development; and

(3)

Large expanses of low-density, single-dimensional development.

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

Use of land or water means and includes use of land, water surface, and land under water to the extent covered by zoning districts, and over which the county has jurisdiction.

Variance means a relaxation or departure from the terms of this chapter where such variance will not be contrary to the public interest and where, as a result of conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship on the land. A variance is authorized only for height, area, and size of structure or setbacks, lot dimensions, buffers, parking, loading requirements, lot coverage, impervious areas, landscaping, size of yards and open spaces and similar type regulations. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning classification or district or adjoining zoning classifications or districts.

Very low-income person or family means a person or household, as applicable, at or below 50 percent of median income for the area for a person or family as applicable.

Vested lot means a lot of record established prior to September 5, 1975 which does not meet density standards established in the comprehensive plan or land development regulations, but is recognized as consistent with the comprehensive plan and land development regulations for building purposes.

Vested right means a right is vested when it has become absolute and fixed and cannot be defeated or denied by subsequent conditions or change in regulations, unless it is taken and paid for. There is no vested right to an existing zoning classification or to have zoning remain the same forever. However, once county approved development has been started or has been completed pursuant to all applicable government regulations, there is a right to maintain that particular use regardless of a change in the land use classification given the property. In order for a nonconforming use to earn the right to continue when the zoning is changed, the right must have vested before the change. If the right to complete the development was not vested, it may not be built, no nonconforming use will be established, and the new regulations will have to be complied with.

Veterinarian clinic means a business establishment where the primary business purpose is to prevent, cure, treat or alleviate diseases and injuries in animals. Includes an animal hospital/veterinarian hospital.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in-instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan, a military services approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

Waste means all garbage, rubbish and refuse from residential, commercial or industrial activities or uses, including: kitchen and table food waste; animal or vegetable waste that is attendant with or results from the storage, preparation, cooking, or handling of food material; paper; wood; scraps; cardboard; cloth; glass; rubber; plastic; discarded automobiles, tires, or automobile parts or fixtures; household goods or appliances; toys; tools or equipment; and all other similar materials.

Water wells means wells that are excavated, drilled, dug, or driven for the supply of industrial, agricultural or potable water for general public consumption.

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

(1)

Yard, front, means a yard extended between side lot lines across the front of a lot adjoining a street. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Director of Planning and Zoning county manager or his designee may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. In the case of corner lots, a full depth front yard shall be provided on one street frontage and three-fourths depth front yard on the other street frontage. Depth of a required front yard shall be measured at right angle to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Where lots in residential districts comprising 40 percent or more of the frontage on one side of a street between intersection streets are developed with structures having an average front yard with a variation of not more than six feet, no building thereafter erected shall project beyond the average line so established. This provision applies in all residential districts.

(2)

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

(3)

Yard, side, means a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the street. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after front yards have been established on both frontages shall be considered side yards. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

(4)

Yard, special, means a yard behind any required yard adjacent to a public street required to perform the same functions as a side or rear yard, but adjacent to a lot line and as placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the county manager or his designee shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the location and orientation of structures and buildable areas thereon.

(5)

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

Yard sale means the display or sale of personal or household goods from a residence when the goods were not purchased for resale. No yard sale shall be conducted for more than three consecutive days nor more frequently than once every six months.

Yard trash means abandoned vegetative material from landscaping, maintenance or land clearing operations, and includes such materials as tree and shrub trimmings, grass clippings, palm fronds, tree limbs, tree stumps and similar materials, excluding materials customarily placed upon a developed lot as mulch material.

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

(Ord. No. 75-3, §§ 15.1, 15.34, 15.44, 15.50, 15.53, 8-25-1975; Ord. No. 89-3, 8-14-1989; Ord. No. 2003-11, § 1(ch. 2), 9-22-2003; Ord. No. 2006-26, § 4, 8-28-2006; Ord. No. 2007-17, art. IV, 7-23-2007; Ord. No. 2008-20, § 2(B.1.), 7-28-2008)

(a)

Violation of the provisions of this chapter or failure to comply with any of its requirements(including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute an offense.

(b)

The owner or tenant of any building, structure, premises, or part thereof, any architect, building, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense.

(c)

It shall be unlawful for any person to destroy, move, remove, or deface or obscure any sign or notice erected or posted pursuant to the requirements of this chapter.

(d)

Nothing herein contained shall prevent the county from taking any other lawful; action necessary to prevent or remedy any violation.

(Ord. No. 75-3, § 8.6, 8-25-1975)

This chapter is enacted pursuant to the requirements and authority of F.S. § 163.3202 and the general powers granted by the Florida Constitution and applicable laws. The board of county commissioners hereby exercises the power to classify land within the jurisdiction of the county into zoning districts and to review and approve or disapprove plats and plans for the subdivision and development of land.

(Ord. No. 99-1, § 1(ch. 1-2), 3-10-1999)

The board of county commissioners finds that controlling the location, design and construction of development within the county is necessary to maintain and improve the quality of life. The board of county commissioners further finds:

(1)

A single set of administrative procedures for making all land use decisions promotes efficiency, predictability, and citizen participation.

(2)

All development proposals, excluding individual single-family homes or the re-use of an existing building where the re-use does not create a greater impact, must undergo a development review process to assure compliance with the requirements of this chapter.

(3)

All administrative decisions should be supported by a record with written findings to assure accountability and efficient appellate review.

(4)

A quick and efficient avenue of appeal should be available for all ministerial and administrative decisions.

(5)

Enforcement of development permits and provisions of this chapter should be through procedures that are efficient, effective, and consistent with the code enforcement procedures established by state law.

(Ord. No. 99-1, § 1(ch. 1-6-2), 3-10-1999)

(a)

Implementation of the plan. The primary purpose of this chapter is the implementation of the county comprehensive plan, as adopted pursuant to the Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161 et seq.), and in accordance with applicable state laws and rules.

(b)

Purposes. The board of county commissioners deems it necessary to adopt this chapter to accomplish the following purposes:

(1)

Guiding and accomplishing coordinated, adjusted, and harmonious development in accordance with the existing and future needs of the county.

(2)

Protecting, promoting, and improving the public health, safety, comfort, order, appearance, convenience, morals, and general welfare.

(3)

Conserving the value of land, buildings, and resources, and protecting landowners from adverse impacts of adjoining developments.

(4)

Protecting the character and maintaining the stability of residential, agricultural, business, industrial, recreation, and public areas.

(5)

Promoting the orderly development of residential, agricultural, business, industrial, recreation, and public areas.

(6)

Controlling and regulating the growth of the county, consistent with the comprehensive plan, particularly the future land use element.

(7)

Directing and controlling, through the establishment of appropriate standards, the type, distribution and intensity of development.

(8)

Balancing the interest of the general public in the county and that of individual property owners.

(Ord. No. 99-1, § 1(chs. 1-7-1, 1-7-2), 3-10-1999)

(a)

Generally. In the interpretation of these regulations, the following rules shall be observed unless such construction would be inconsistent with the comprehensive plan or with the manifest intent of the board of county commissioners, or where the language of such section contains any express provisions excluding such construction, or where the subject matter or context of such section is repugnant thereto:

(1)

All provisions, terms, phrases and expressions contained in these regulations shall be liberally construed to follow the goals, objectives, and policies of the comprehensive plan in order for the true intent and meaning of the board of county commissioners to be fully carried out. No provision shall be interpreted so as to limit or repeal any other powers granted to the county under state statutes.

(2)

In the interpretation and application of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Where any provision of these regulations imposes a greater restriction upon the subject matter than a general provision imposed by another provision of these regulations, the most specific provision shall be deemed to be controlling.

(b)

Effect of private agreements and other regulations. This chapter shall not interfere with, annul or abrogate any easements, covenants or other agreements between parties which are not inconsistent with this chapter.

(c)

Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday or legal holiday recognized officially by the county, that day shall be excluded. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

(d)

Delegation of authority. Whenever a provision requires the head of a department or some other county officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to qualified subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(e)

Gender, number and tense. Words importing the masculine gender shall be construed to include the feminine and neuter. A word importing the singular number may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. Words used in the past or present tense include the future as well as the past or present.

(f)

Nontechnical and technical words. Words or phrases shall be construed according to the common and approved usage of the language, except that technical words and phrases and such others as may have acquired a peculiar and appropriate meeting in law shall be construed and understood according to such meaning. Words and phrases which are defined in this chapter shall be construed as so defined.

(Ord. No. 99-1, § 1(chs. 1-9-1—1-9-6), 3-10-1999)

(a)

The provisions of this chapter shall apply to all land, buildings, structures and uses in the unincorporated areas of the county and to any other area authorized by law or interlocal agreement.

(b)

Except as specifically provided below, the provisions of this chapter shall apply to all development in the county, and no development shall be undertaken without prior authorization pursuant to this chapter.

(Ord. No. 99-1, § 1(ch. 1-11), 3-10-1999)

Except as specifically provided below, the provisions of this chapter shall apply to all development in the unincorporated areas of the county. No development shall be undertaken without prior authorization pursuant to the provisions of land development regulations.

(Ord. No. 99-1, § 1(ch. 1-3), 3-10-1999)

(a)

Generally. The regulations set by this chapter within each district shall be minimum or maximum limitations, as appropriate to the case and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the provisions of this chapter applicable to the district in which it is located.

(b)

Height and density. No building or other structure shall hereafter be used or occupied, and no building or structure, or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered so as to:

(1)

Exceed the maximum height or bulk requirements;

(2)

Accommodate or house a greater number of families or occupy a smaller lot area per family;

(3)

Occupy a greater percentage of lot area; or

(4)

Have narrower or smaller rear yards, front yards, side yards, or other open spaces; unless in conformity with all of the regulations herein specified for the district in which it is located.

(c)

Exceptions to height regulations. The height limitations contained in the schedule of district regulations shall not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. The heights of these structures or appurtenances thereto shall not exceed any height limitations, prescribed by the Federal Aviation Administration within the flight-approach zone of airports.

(d)

Yard service to one building. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as a part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(e)

Only one principal building. Every building or structure hereafter erected in a single-family zoning district shall be located on a lot or tract as defined herein; and in no case shall there be more than one principal building on one lot plus its accessory structures.

(f)

Reduction of lot area. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced so that the lot width or depth, front, side or rear yard, lot area per family or other requirements of this chapter are not maintained. This section shall not apply when a portion of a lot is subsequently acquired for public purposes.

(g)

Street frontage. No building shall hereafter be erected on a lot which does not abut or have immediate frontage on a publicly dedicated, publicly approved, or publicly maintained street.

(h)

Restrictive covenants. None of these regulations, pertaining to land use, shall authorize the county in any way to affect, interfere or enforce private restrictive covenants.

(Ord. No. 75-3, §§ 3.2, 5.5, 8-22-1975; Ord. No. 99-1, § 1(chs. 1-4-1—1-4-6), 3-10-1999)

Nothing in this chapter shall be construed to authorize development that is inconsistent with the county comprehensive plan.

(Ord. No. 99-1, § 1(ch. 1-5-2), 3-10-1999)

(a)

Previously issued development permits. The provisions of this chapter and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit lawfully issued prior to the effective date of the ordinance from which this chapter is derived or for which application has been made prior to such date and for which the permit is issued within 90 days.

(b)

Previously approved development orders. Projects with development orders that have not expired as of the effective date of this chapter or any amendment thereto, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements of the regulations in effect when the development plan was approved. If the development plan expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this chapter or amendment thereto.

(Ord. No. 99-1, § 1(chs. 1-12-1—1-12-2), 3-10-1999)

Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use arrangement, or construction at variance with that authorized shall be deemed an offense and a violation of this chapter.

(Ord. No. 75-3, § 8.5, 8-25-1975)

(a)

Development activity. No land, building or structure shall be erected, moved, added to, enlarged, altered or maintained after the effective date of this chapter except in conformity and compliance with the provisions of this chapter.

(b)

Development and building permits. No development order or building permit shall be issued, and no site plan or subdivision plan or preliminary or final plat shall be approved, recorded or referenced to convey property after the effective date of this chapter except in conformity and compliance with the procedural and substantive provisions of this chapter.

(Ord. No. 99-1, § 1(chs. 1-13-1—1-13-2), 3-10-1999)