For the purpose of these Land Development Regulations (LDR), certain terms or words used herein shall be interpreted as follows:

A.

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

B.

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

C.

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

D.

The words "used or occupied" include the words intended, designed, or arranged to be used or occupied.

E.

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

F.

The word "land" includes the words water, march, or swamp.

G.

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

If no definition is provided the administrative official may refer to "A Planners Dictionary" as edited by Michael Davidson and Fay Dolnick and published by the American Planning Association. The administrative official has the authority to determine and use the most appropriate definition.

(Ord. No. 09-1346, § 3, 8-6-2009; Ord. No. 18-1604, § 2, 7-19-2018)

Abandoned sign. A sign which, for a period of 180 consecutive calendar days, is no longer being used, and which is not being maintained shall be considered an abandoned or discontinued sign.

Accessory use or structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Additions. An extension or increase in floor area or height of a building or structure.

Adequate public facilities. Public facilities available to serve a development in a manner to meet the levels of service set forth in the capital improvements element and this chapter.

Administrative conditional use. Those uses that are permitted by a waiver that is granted by the administrative official, however is appealable to the city commission in the event of a denial.

Administrative official (city manager). The city manager or the designee charged by the administrative official with the duty of administering the provisions of these Land Development Regulations. As used herein the terms shall include both the male and female gender and be construed to include the words "or designated representative(s)."

Adult education facilities. A public or private institution (profit or non-profit) that provides full-time or part-time post-secondary education, offering courses in general, technical, vocational, religious education or skilled trades. It operates in buildings owned or leased by the institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities, and sororities.

Adult education facilities (small). An adult education facility with ten or less students.

Agencies. The following agencies may be involved in certain plan review and approval processes for land development activities within the city:

1.

CFRPC: Central Florida Regional Planning Council;

2.

COE: U.S. Army Corps of Engineers;

3.

EPA: United States Environmental Protection Agency;

4.

FDCA: Florida Department of Community Affairs;

5.

FDEP: Florida Department of Environmental Protection;

6.

FDOT: Florida Department of Transportation;

7.

FHRS: Florida Department of Health and Rehabilitative Services;

8.

PCHD: Polk County Health Department;

9.

SCS: Soil Conservation Service, United States Department of Agriculture;

10.

SJWMD: Saint John's Water Management District; and

11.

SWFWMD: Southwest Florida Water Management District.

Alcoholic beverage establishment. An establishment where alcoholic beverages as defined and licensed by the State of Florida, are available or permitted for sale, distribution or consumption on the premises. This definition includes bars and bottle clubs but does not include restaurants as defined herein.

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

Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

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

Appeal (flood protection). A request for a review of the floodplain administrator's interpretation of any provision of this ordinance.

Appliance repair. Repair activities conducted within enclosed structures which have little or no discernable impacts on adjacent properties, and that involve the repair of common household appliances, such as toasters, vacuum cleaners, televisions, microwave ovens, refrigerators, stoves, and washers/dryers.

Application or apply. The actual physical deposit of fertilizer to turf or landscape plants.

Applicator. Any person who applies fertilizer on turf and/or landscape plants in the City of Haines City.

ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

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

Available school capacity. That portion of total public school capacity that remains available for the development proposal after the following are subtracted: current student enrollment; those student stations reserved by a finding of available school capacity; and those student stations reserved for exempt development.

Banquet hall/event center. An establishment. excluding restaurants and hotels, that provides facilities for wedding receptions. meetings, banquets and other similar events as its primary business operation. Such events may include the consumption of food and beverages, including alcoholic beverages. Use of the establishment is restricted to those groups or individuals who have contracted for the use of the facilities and their invitees; however, events shall not be open to the general public.

Bar. An-establishment devoted, during any time of operation, predominantly or totally to serving alcoholic beverages and where the serving of food, if any, is incidental to the consumption of any such beverage.

Base flood. A flood having a one percent chance of being equaled or exceeded in any given year. (Also defined in FBC (Florida Building Code), B, Section 202.) The base flood is commonly referred to as the "100-year flood" or the "one-percent-annual-chance flood."

Basement. That portion of a building having its floor subgrade (below ground level) on all sides.

Bed and breakfast. A facility established for the purpose of providing overnight sleeping accommodations and a breakfast meal for overnight guest.

Best management practices (BMP). Schedule of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce pollutants from entering the MS4 or being discharged from the MS4 so as to protect or to restore the quality of "Waters of the United States." BMPs include, but are not limited to treatment methods and practices to control; site runoff, spillage, leaks, sludge, waste disposal, or runoff from raw material.

Best management practices (fertilizer). Turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources.

Big box retail. A retail structure having a total of 100,000 square feet of gross floor area or more.

Board. The Board of County Commissioners of Polk County, Florida.

Board or governing board [flood protection]. The City Commission of the City of Haines City, Florida.

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

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

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

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

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

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

Capital improvements element (CIE). The capital improvements element of the city.

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

Certificate of concurrency. A certificate which constitutes proof that public facilities and services are or will be available, consistent with the adopted LOS set forth in the CIE and this chapter and shall specify the public facilities and services which are to be constructed, timing of the responsibility for construction.

Certificate of school concurrency. A confirmation of adequate school capacity to be issued by the county or non-exempt cities based on the school board's school capacity.

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

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

City. The City of Haines City, Florida.

City commission. The elected governing body of the City of Haines City, Florida.

City of Haines City approved best management practices training program. A training program approved by the City of Haines City Administrative Official that includes at a minimum, the most current version of the Florida Department of Environmental Protection's "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008," as revised and any more stringent requirements set forth in this article.

City staff. The administrative official, building official, water and sewer superintendent, water and sewer distribution supervisor, public work director, parks director, recreation director, fire chief, fire inspector, police chief, consulting engineer and community development director or their designee. The city staff is also identified as the technical review board.

Clinic, medical or dental. An establishment where human patients who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is regulated by the State of Florida. The term does not include a place for the treatment of animals and does not include a pain management clinic as defined in the Haines City Land Development Regulations.

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

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

Code enforcement officer, official, or inspector. Any designated employee or agent of the City of Haines City whose duty it is to enforce codes and ordinances enacted by the city.

Code of Federal Regulations (CFR). The codification of the general and permanent rules published by the Federal Register by the executive departments and agencies of the federal government.

Commercial fertilizer applicator. Any person who applies fertilizer on turf and/or landscape plants in the City of Haines City in exchange for money, goods, services or other valuable consideration.

Commercial lettering. Letters, numbers, symbols or combinations thereof which advertise a trade; business; industry or other activity for profit; a product; commodity; or service. The term shall not include bumper stickers affixed to the vehicle; the decal plate commonly applied to a motor vehicle by a motor vehicle dealer; or lettering for any government service.

Commercial planned unit development (CPUD). A CPUD is defined for the purposes of these regulations as a planned unit development (as defined generally in section 6.1.1.3) primarily for general retail, commercial services and related uses and facilities.

Commercial vehicles. Any vehicle bearing or required to bear commercial license plates and which falls into one or more of the categories of: truck tractor; semi-trailer, which includes flat beds, stake beds, roll-off containers, tanker bodies, dump bodies and full or partial box-type enclosures; vehicles of a type that are commonly used for the delivery of ice cream, milk, bread, fruit or similar vending supply commercial or delivery trucks. This category shall include vehicles of a similar nature which are also of a type commonly used by electrical, plumbing, heating and cooling, and other construction oriented contractors; tow trucks; commercial hauling trucks; vehicle repair service trucks; vehicles with blades attached for plowing, grading; construction vehicle, such as a bulldozer, backhoe and similar vehicles; and, a vehicle which has permanently mounted outside brackets or holders for ladders, tools, pipes, or other similar equipment.

Common area. Any portion of a development that is not part of a lot or tract and which is designed for the common usage of the development. These areas include green open spaces, landscaping and may include such other uses as parking lots and pedestrian walkways.

Common area landscaping. The installation and permanent maintenance of an area with trees, shrubs, lawn, or planted ground cover which present an attractive, well-kept appearance on any portion of a development that is not under private ownership and which is designed for the common usage of the development, including but not limited to buffers, parks, open space areas, etc.

Comprehensive plan. The growth management plan for the city that meets the applicable requirements of F.S. ch. 163.3177.

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

Concurrency. (See chapter 23 of the LDR.) The necessary public facilities and services to maintain the adopted LOS standards are available when the impacts of development occur as set forth in the CIE and this chapter.

Concurrency service area (CSA). The designation of an area within which the level of service will be measured when an application for a residential subdivision or site plan is reviewed.

Construction equipment. High-capacity mechanical devices for moving earth or other materials, and mobile power units including but not limited to carryalls, graders, loading and unloading devices, cranes, drag lines, trench diggers, tractors, crawler-type tractors, earth movers, dump trucks, augers, bulldozers, concrete mixers and conveyers, commercial trailers, harvesters, combines, or other major agricultural equipment and similar devices.

Contiguous school service areas. School service areas which have an adjacent (conterminous) boundary.

Cost per student station estimate. For each type of public school facility, an estimate of the cost of providing public school facilities for a public school student, as established in the school district's work program. "Cost per student station estimates" shall include all costs of providing instructional and core capacity including land, design, buildings, equipment and furniture, and site improvements. The cost of ancillary facilities that generally support the school district and the capital costs associated with the transportation of students shall not be included in the cost per student station estimate used for proportionate share mitigation.

County. Shall mean Polk County, a political subdivision of the State of Florida.

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

Crematorium. A location containing installed, certified apparatus intended for the use in cremation.

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

Current student enrollment. The number of students enrolled in all existing public school facilities operated by the school district in a given school year.

Day care center. Any facility operated for the purpose of providing care, protection and guidance to children or adults during only a part of a 24-hour day and for which a payment, fee, or grant is made. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full 24-hour period.

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

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

Design flood. The flood associated with the greater of the following two areas (also defined in FBC, B, Section 202.):

1.

Area with a floodplain subject to a one percent or greater chance of flooding in any year; or

2.

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two feet. (Also defined in FBC, B, Section 202.)

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

Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

Development agreement. An agreement entered into between the city and a developer, corporation or other legal entity in connection with the approval of a development order pursuant to the requirements of F.S. §§ 163.322—163.3243, or an agreement on a development order issued pursuant to F.S. ch. 380. Where applicable, definitions of words used in the development agreement shall be as for those contained in F.S. § 163.3221.

Development order. (See chapter 23 of the LDR.) Any development order issued in conjunction with a building permit, zoning permit, subdivision approval (including preliminary and final approvals), rezoning, certification, special exception, variance, or any other official action of a local government having the effect of permitting the development of land.

Development proposal. An application for any approval of the following types of residential development, or a phase thereof or amendments thereto: (1) final subdivision approval; site plan approval; or preliminary plat approval.

Discharge. Includes, but is not limited to, any spilling, leaking, seeping, pouring, emitting, emptying, or dumping of any material.

Dish antennas. A device or structure used to receive signals from satellites in outer space for the purpose of transmitting images to television screens. Such devices shall be considered accessory structures for purposes of the Land Development Regulations.

Dispensing organization. An organization approved by the Florida Department of Health to cultivate, process, transport, and dispense low-THC cannabis or medical cannabis as defined by F.S. § 381.986.

Drugstores. An establishment where drugs and medicines are prepared and dispensed, and is engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.

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

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

Dwelling, single family. A building containing only one dwelling unit. Such dwellings may be detached with no walls in common with other dwellings, semi-detached with one wall only in common with another dwelling, or detached with two walls in common with other dwellings or a residential design manufactured home (see chapter 6 of the LDR). Where attached dwellings are for one family occupancy and have individual lots, they shall be considered single family dwellings even though the total structure in which they are located contains more than one dwelling unit.

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

Dwelling unit. A room or rooms connected together:

1.

Constituting a separate, independent housekeeping establishment for a family;

2.

For owner occupancy or for rental or lease;

3.

Physically separated from other rooms or dwelling units which may be in the same structure; and

4.

Containing independent cooking, bath and sleeping facilities.

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

Emergency management division. A division of the Polk County Public Safety Department.

Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

Excavation, barrow pit. Any removal of dirt from a lot or parcel of land within the city, including the creation of a pit or depression of land as the result of the dirt removal. (See chapter 5 of the LDR.)

Exempt development. A development that creates additional impact on public school facilities, but which is not required to receive a finding of available school capacity because it received site plan or final subdivision approval prior to the effective date of this ordinance, and the approval has not expired and remains valid. Approved developments of regional impact are exempt development. Developments of regional impact that submitted applications prior to May 1, 2005 or received approvals are also exempt development.

Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before September 16, 1981. (Also defined in FBC, B, Section 202.)

Existing manufactured home park or subdivision (floodplain protection). A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before September 16, 1981.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

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

Factory built structure. (Also referred to as manufactured building.) Any structure built in conformance with the Standard Building Code and so certified by the Florida Department of Community Affairs, as provided for in the Florida Manufactured Building Act of 1979 (F.S. ch. 533, pt. IV). A manufactured building includes a closed structure, building assembly, or a system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems constructed in manufacturing facilities for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which shall include, but not limited to, residential, commercial, institutional, storage, and industrial structures. This definition does not apply to manufactured homes built to the HUD code. (See chapter 6 of the LDR). Manufactured building may also mean, at the option of the manufacturer, any building of open construction made or assembled in manufacturing facilities away from the building site for installation, or assembly and installation, on the building site.

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

Family day care home. An occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. Household children under 13 years of age, when on the premises of the family day care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age:

1.

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

2.

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

3.

A maximum of six preschool children if all are older than 12 months of age.

4.

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

Family group home. A home generally housing no more than two live-in staff members, or one staff member and spouse, plus a maximum of 12 permanent residents and two short-term (respite) residents.

Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

Fertilize, fertilizing, or fertilization. The act of applying fertilizer to turf, specialized turf, or landscape plants.

Fertilizer. Any substance or mixture of substances, except pesticide/fertilizer mixtures such as "weed and feed" products, that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil.

Finding of available school capacity. A determination by the school district designee that public school concurrency has been achieved, based on the projected impacts of the development proposal. A finding of available school capacity may be based upon an executed proportionate share mitigation agreement.

Finding of no available school capacity. A determination by the school district designee that public school concurrency has not been achieved, based on the projected impacts of the development proposal and the failure of the applicant to proffer an acceptable proportionate share mitigation agreement.

Flood or flooding. 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 run-off of surface waters from any source.

Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. (Also defined in FBC, B, Section 202.)

Flood hazard area. The greater of the following two areas (also defined in FBC, B, Section 202):

1.

The area within a floodplain subject to a one percent or greater chance of flooding in any year.

2.

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Flood hazard boundary map (FHBM). An official map of a community issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A.

Flood insurance rate map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. (Also defined in FBC, B, Section 202.)

Flood insurance study (FIS). The official report provided by the Federal Emergency Management Agency that contains the flood insurance rate map, the flood boundary and floodway map (if applicable), the water surface elevations of the base flood, and supporting technical data. (Also defined in FBC, B, Section 202.)

Floodplain administrator. The office or position designated and charged with the administration and enforcement of this ordinance (may be referred to as the floodplain manager).

Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance.

Floodway. The channel of a river or other riverine 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 (1) foot. (Also defined in FBC, B, Section 202.)

Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models.

Floor. The top surface of an enclosed area in a building (including basement), i.e., the top of the slab in concrete slab construction or the top of the wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

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

Florida Administrative Code (FAC). An annotated official compilation of the rules and regulations of the State of Florida Secretary of State.

Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

Florida inventory of school houses (FISH) capacity. The report of the permanent capacity of existing public school facilities. The FISH capacity is the number of students that may be housed in a facility (school) at any given time as determined by the Florida Department of Education's Office of Educational Facilities. In Polk County, permanent capacity does not include temporary classrooms unless they meet the standards for long-term use pursuant to F.S. § 1013.20.

Fortune-telling business. Establishments providing advice, predictions, or interpretations of planetary effects, on or about future events or human affairs.

Foster home. A home housing no more than four foster children and/or adults but in no case to exceed the maximum number of people permitted by HRS, including foster parents.

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

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

Functionally dependent facility/use. A facility/use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long term storage or related manufacturing facilities.

Funeral home. A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. A funeral home, as defined for purposes of this code, includes a funeral chapel.

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

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

Garbage, repair. The building(s) and premises or portions thereof designed and intended for some or all of the purposes indicated under "service stations" but which, unlike a service station, include provisions for major mechanical repairing, equipping, servicing and body working of motor vehicles; provided, that body work and painting shall be conducted within completely enclosed but safely vented building. Such garages may also be used for hiring, renting, storing or selling of motor vehicles. Repair garages shall also include paint and body shops.

Government facilities. Establishments owned and/or substantially controlled by a city, county, state, or national government and the services of any civilian and military personnel of said government. Typical uses include government-administration buildings, police, fire, public works maintenance facilities, lift stations, and production or treatment facilities such as sewage treatment plants (or similar facilities).

Grazing. The feeding of livestock or horses where more than 50 percent of the feed is produced on the immediate parcel and available to the animals as in-place vegetation to sustain life.

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

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

Guaranteed analysis. The percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.

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

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

Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.

Historical appearance design standards (HADS). HADS are defined for the purposes of these regulations as standards to be used for all new development in the central business district (CBD) and central business district extra (CBDX) zone districts within Haines City.

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

Horticulture. The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod.

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

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

Hotel, motel, motor hotel, motor lodge, tourist court. These terms are to be considered synonymous, and to mean a building or group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with daily charge, as distinguished from multiple family dwellings and rooming or boarding houses, where rentals are for longer periods and occupancy is generally by seasonal residents rather than transients. Restaurants, dining rooms and cafes where meals are served to the public are to be considered a part of these facilities provided all other applicable requirements contained in the LDR are met.

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

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

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

Illicit discharge. Any discharge to a municipal separate storm sewer system or to waters of the U.S. that is not composed entirely of stormwater, with the exception of discharges which are exempt, pursuant to section 6-2 of this ordinance.

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

Impervious surface. (See chapter 8 of the LDR.)

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

Industrial activities. Activities which are conducted on properties designated for industrial land use in accordance with local comprehensive plans and at facilities identified by the U.S. EPA as requiring a NPDES stormwater permit under the definition of "Storm Water Discharge Associated with Industrial Activity" in Title 40, Section 122.26 of the Code of Federal Regulations or any modification or derivative thereof.

Industrial equipment. (See construction equipment).

Industrial planned unit development (IPUD). For the purposes of defining, they are as follows:

1.

Land under unified control, planned or developed, as a whole in a single development operation or programmed series of development operations for light industrial and related uses and facilities.

2.

For principal and accessory uses and structures substantially related to the character of the development in the context of the district of which it is a part.

3.

Developed according to comprehensive and detailed plans which include not only streets, utilities, drainage systems, lot or building sites, but also site plans, floor plans, and typical elevations for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the building(s).

4.

With a program for provision, maintenance and operation of all such areas, improvements and facilities for the common use of all or some of the occupants of the district but will not be provided, operated or maintained at general public expense.

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

Inspection. Includes, but not limited to a review of all components of the stormwater management system, records on operation, and maintenance of facilities and the results of any monitoring performed for compliance with state, federal and local regulations or permit conditions.

Institutional applicator. Any person, other than a non-commercial or commercial applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional applicators shall include, but shall not be limited to, owners and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership.

Institutional use. Public and public/private group use of a non-profit nature, typically engaged in public service, which include, but are not limited to, houses of worship, non-profit cultural centers, charitable organizations, libraries, public or private schools or land use for public purposes.

Intensity, land use. (See chapter 6 of the LDR.)

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

Junk yard. Place, structure, lot or parcel where junk, waste, discarded, salvaged or similar materials such as metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, and the like, are brought, bought, sold, exchanged, baled, packed, disassembled, stored or handled. It shall include used lumber and building material yards, house wrecking yards, heavy equipment wrecking yards and yards or places for the storage, sale or handling of salvaged house wrecking or structural steel materials. This definition shall not include automobile wrecking and automobile wrecking yards, or pawnshops and retail establishments for the sale, purchase or storage of secondhand cars, clothing, salvaged machinery, furniture, radios, stoves, refrigerators or similar household goods and appliances, all of which shall be in usable condition; nor shall it apply to the processing of used, discarded, or salvaged materials incident to manufacturing activity o the same site where such processing occurs.

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

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

Landscape plant. Any native or exotic tree, shrub, or groundcover (excluding turf).

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

Letter of map change (LOMC). An official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

Letter of map amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

Letter of map revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

Letter of map revision based on fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

Conditional letter of map revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

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

Level of service (LOS) [schools]. The comparison of public school enrollment to school capacity in a given concurrency service area.

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

Level of service standard (LOS standard) [schools]. The level of service applied to a concurrency service area that is adopted in the public schools interlocal agreement and the public schools facilities element for each level or type of public school facility.

Light-duty truck (flood protection). As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

1.

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or

2.

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

3.

Available with special features enabling off-street or off-highway operation and use.

Living area. The heated floor area of a building above finished grade, measured from the outside dimensions of the exterior walls used for dwelling purposes, and excluding all non-dwelling areas such as attic, storage, carport, and garage.

Loading space, off-street. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. (See chapter 11 of the LDR.)

Lot. For purposes of the Land Development Regulations, a lot is defined as a parcel of land of at least sufficient size to meet minimum requirements for use, width, coverage and total area, and to provide such yards and other open spaces as are required.

Lot frontage. The front of a lot shall be defined to be that portion of the lot nearest the street established as the street address. For the purposed of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in this chapter.

Lot measurements.

1.

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

2.

Lot width determines as related to minimums prescribed in the Land Development Regulations, shall be measured across the rear of the required front yard; provided, that in the case of wedge shaped lots with narrow ends and cul-de-sac or other acute street curvatures, the rear line of the required front yard shall be moved sufficiently from the front line to provide at least 80 percent of the generally required lot width at the rear line of the required front yard.

3.

Lot area, for determinations relating to minimum lot size as required by the Land Development Regulations, shall include the total area of the lot; except, that where lots are of such peculiar or irregular shape that portions have no useful functions in relation to buildable areas, such portion shall not be included in computation of total area.

Lot of record. A lot which is part of a subdivision recorded in the office of the county clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded on or before the effective date of the original zoning ordinance of the city which shall be September 2, 1971, Ordinance No. 445, and all subsequent amendments.

Lot types. The diagram shown in chapter 5, "Lot Diagrams," illustrates descriptive terminology used in the Land Development Regulations with reference to corner lots, interior lots, through lots, and reversed frontage lots.

1.

"A" is a corner lot, defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lots marked A(1) in the diagram.

2.

"B" is an interior lot, defined as a lot other than a corner lot with only one frontage on a street.

3.

"C" is a through lot, defined as 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.

4.

"D" is a reversed frontage lot, defined as a lot on which the frontage is at right angles or approximate right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may be corner lot (A-D in the diagram), an interior lot (B-D) or a through lot (C-D).

5.

"Flag lots (not illustrated)." An irregular shaped or stem lot whose main body does not abut a road, but is accessed by a narrow extension which connects the main body to the road. This definition is intended to include any lot located behind the rear or to the side of any other lot which would require a narrow arm to provide access. This definition is not intended to include pie-shaped or other irregular shaped lots which front directly upon a road and are not located behind any other lot.

6.

"Lot coverage." That percentage of lot area that is or may be covered or occupied by buildings, including accessory buildings, under the terms of the Land Development Regulations.

Low maintenance zone. An area a minimum of six feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc.

Low-THC cannabis. A plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than ten percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only by a medical marijuana treatment center from a dispensing organization as authorized by State law and defined by F.S. § 381.986.

Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. (Also defined in FBC, B, Section 202.)

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

Manufactured home. (See chapter 6.) A structure, built to be transported to its site in one or more sections, which, in the delivery mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on its site, is 320 square feet. or more in floor area. Such structures are built on a permanent chassis and designed to be used as a dwelling with out without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, cooling and electrical systems contained therein and further are constructed to and certified as meeting current standards of the Department of Housing and Urban Development in compliance with the Housing and Community Development Act of 1980.

Manufactured home (flood protection). A structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." (Also defined in 15C-1.0101, F.A.C.)

Manufactured home park or subdivision (flood protection). A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

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

1.

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

2.

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

3.

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

4.

Residential planned unit developments designed to utilize manufactured homes and complying with all applicable requirements of the Land Development Regulations.

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

Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser.

Medical cannabis. All parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispending organization for medical use by an eligible patient as defined in section 499.0295, and as defined by F.S. § 381.986.

Medical marijuana delivery device. An object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing marijuana into the human body, and which is dispensed from a Medical Marijuana Treatment Center for medical use by a qualified patient. as defined by F.S. § 381.986.

Medical marijuana dispensaries. The following definitions relate to medical marijuana and medical marijuana dispensaries.

Medical marijuana dispensing facility. Any property where medical cannabis or low-THC cannabis or Marijuana Delivery Devices are sold, purchased, delivered, or dispensed for medical use by a Medical Marijuana Treatment Center as defined by Section 29, Article X of the State Constitution and as authorized by State law.

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

Medical use. As defined in F.S. Ch. 381.986, Medical Use means the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include:

1.

Possession, use, or administration of marijuana that was not purchased or acquired from a medical marijuana treatment center.

2.

Possession, use, or administration of marijuana in a form for smoking, in the form of commercially produced food items other than edibles, or of marijuana seeds or flower, except for flower in a sealed, tamper-proof receptacle for vaping.

3.

Use or administration of any form or amount of marijuana in a manner that is inconsistent with the qualified physician's directions or physician certification.

4.

Transfer of marijuana to a person other than the qualified patient for whom it was authorized or the qualified patient's caregiver on behalf of the qualified patient.

5.

Use or administration of marijuana in the following locations:

a.

On any form of public transportation, except for low-THC cannabis.

b.

In any public place, except for low-THC cannabis.

c.

In a qualified patient's place of employment, except when permitted by his or her employer.

d.

In a state correctional institution, as defined in section 944.02, or a correctional institution, as defined in section 944.241.

e.

On the grounds of a preschool, primary school, or secondary school, except as provided in section 1006.062.

f.

In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis.

Microbrewery. An establishment where the principal focus is the sale of beer and ale of low alcoholic content, are brewed on-site or off-site for distribution, retail, or wholesale, typically, but not always, in conjunction with a tap or tasting room, standard restaurant, or live entertainment. The maximum brewing capacity shall not exceed 15,000 gallons per year.

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

Mixed use planned unit development (MUPUD). a mixed use planned unit development is defined for the purposes of these regulations as a planned unit development (as defined generally in section 6.1.1.3) primarily for a mix of uses containing both non-residential and residential uses either occupying a single building or multiple buildings.

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

Motor vehicle. As defined in F.S. § 320.01, "motor vehicle" means:

1.

An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, special mobile equipment as defined in F.S. § 316.003(48), vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.

2.

A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicle-type units, 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 are:

A.

The "travel trailer," which is a vehicular portable unit, mounted on wheels, of such a 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 width of no more than 8½ feet and an overall body length of no more than 40 feet when factory-equipped for the road.

B.

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.

C.

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 the truck and constructed to provide temporary living quarters for recreational, camping, or travel use.

D.

The "motor home," which is a vehicular unit which does not exceed the length, height, and width limitations provided 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.

E.

The "private motor coach," which is a vehicular unit which does not exceed the length, width, and height limitations provided 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 primarily designed to provide temporary living quarters for recreational, camping, or travel use.

F.

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

G.

The "park trailer," 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 seasonal or 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 park 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.

H.

The "fifth-wheel trailer," which is a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit, of gross trailer area not to exceed 400 square feet in the setup mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.

Motorcycle and bicycle specialty shop. Premises or a portion of premises, occupied by an establishment engaged primarily in the retail selling of new or used motorcycles, bicycles, mopeds, motor scooters and similar vehicles and related new parts and accessories directly to ultimate consumers on the premises and not for resale.

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

Municipal or municipality. Shall include the county and all cities, towns, or other public entities, created by or pursuant to Florida law, which own or operate a municipal separate storm sewer system within Polk County.

Municipal separate storm sewer system (MS4). A conveyance or system of conveyance (including roads with drainage, systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains) owned or operated by a municipality that discharges to waters of the United States and that is designed solely for collecting or conveying stormwater that is not part of a publicly owned treatment works (POTW) as defined by 40 CFR 122.2.

National geodetic vertical datum (NGVD). As corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the flood plan.

National pollutant discharge elimination system (NPDES). The federal program, implemented by the U.S. EPA, for controlling discharges from point source discharges directly into waters of the U.S. under the Clean Water Act.

New construction. For the purposes of administration of chapter 14, Flood Protection, and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after September 16, 1981 and includes any subsequent improvements to such structures.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 16, 1981.

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

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

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

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

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

Off-site directional signs. A sign which is used solely by a public agency, school, church, civic-fraternal organization, or similar noncommercial organization, for the purpose of indicating the direction or physical location of any object, place, use, business, service or area, which is not located on the same parcel as the sign.

Office, business or professional. An office for such operations as real estate, insurance, travel agencies and ticket sales, chamber of commerce, credit bureau, abstract and title insurance companies, management consultants, stockbrokers and the like; or an office for the use of a person or persons generally classified as professional such as architects, landscape architects, engineers, attorneys, accountants, doctors, lawyers, dentists, veterinarians (but not including treatment or boarding of animals on the premises), psychiatrists, psychologists and the like. This term does not include a pain management clinic as defined in the Haines City Land Development Regulations. For the purpose of the LDR, a barber or beauty shop shall not be deemed a business or professional office.

Open space. Area for outdoor use, features, or natural systems. These areas may be described as lots, parcels, tracts, or portions of a development. The four types of open space are recreation open space, habitat protection open space, conservation open space, and public commons open space. Total open space shall be computed to include the gross land area of the district {including any bonus) minus area covered by buildings.

Open space, conservation. Lands set aside for the purpose of farm land preservation, greenbelt transitions between differing intensities, or protection of environmentally sensitive lands. Conservation open space may consist of storm water retention areas (both wet and dry), active and passive farming (including cultivation, livestock, and incidental agricultural structures), wetlands (existing and manmade), floodplains, green ways, and low intensity recreational structures.

Open space, habitat protection. Lands that remain in their natural state or modified to resemble a natural state for the primary purpose of a habitat for native plant and animal species. Habitat protection open space shall be linked via green way, wetland, floodplain or water body to other natural communities. Protection and management plans are encouraged but not required for all habitat protection open space.

Open space, public commons. Land areas that are within a nonresidential or mixed-use parcel that provide for outdoor gathering places that incorporate landscaping areas, hard scape and pedestrian amenities. These areas may or may not be impervious. These areas shall include but are not limited to plazas, courtyards, gardens and squares. Storm water retention, sidewalks, and parking areas shall not be considered examples of this open space.

Open space, recreation. Lands that are intended for outdoor amusement that are of reasonable size and shape to serve their apparent function and are specifically exclusive of other open space. These areas shall be unique to any given neighborhood or district and used by a larger population than typical single-owner parcels.

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

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

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

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

Package store (sale of alcoholic beverages). A licensed place of business where alcoholic beverages are sold in the original sealed containers as received from the distributor for consumption off the premises only. This definition is not intended to include uses such as grocery stores, convenience stores, and similar establishments where the sale of alcoholic beverages for off-premises consumption is an accessory use.

Pain management clinic. Any facility, clinic, office, professional office or business which advertises in any medium for any type of pain management services provided the facility, clinic, office or business is required to register with the Florida Department of Health as a pain management clinic. Any facility, clinic, office, professional office or business that employs a physician who is primarily engaged in the treatment of pain prescribing or dispensing controlled substance medications provided the facility, clinic, office or business is required to register with Florida Department of Health as a pain management clinic. Any facility, clinic, office, professional office or business which is required to register with the Florida Department of Health as a pain management clinic.

Park trailer. 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 seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. (Defined in Section 320.01, F.S.)

Parking area. A permanently surfaced area for vehicle parking either within a structure or in the open and connected to a public street, alley, or other public way by a permanently surfaced driveway or access drive. This applies to public or private parking that is designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.

Parking space, off-street. (See chapter 11 of the LDR.)

Pasture. Open, uncultivated land consisting of perennial grasses, free of environmental constraints, which is specifically used for grazing livestock or horses.

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

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

Performing arts school/training center. A multi-use performance space that is intended for use by various types of performing arts, including but not limited to, dance, music, theatre, gymnastics and aerial arts. The intended multiple use of performing arts centers in this sense differentiates them from single-purpose concert halls, opera houses or theatres.

Pergola. A garden feature forming a shaded walkway, passageway or sitting area of vertical posts or pillars that usually support cross-beams and a sturdy open lattice, often upon which woody vines are trained. As a type of gazebo, it may also be an extension of a building, or serve as protection for an open terrace or a link between pavilions.

Permanently maintained. To preserve or keep in a condition or state of equivalent quality to that which was approved or required based on the approved plan.

Person. Any individual, partnership, firm, organization, corporation, association or other legal entity, whether singular or plural, as the context may require.

Pharmacy. See Drugstores.

Planned unit development (PUD). A planned unit development is defined as follows:

1.

Land under unified ownership and control to be planned and developed as a whole, in a single development operation or a programmed series of development operations, including all lands and buildings, and within a specified time frame;

2.

For principal and accessory structures and uses substantially related to the character of the district and in compliance with the comprehensive plan;

3.

According to master plans which include not only streets, utilities, lots or building sites, but also site plans, floor plans and typical elevations for all buildings as intended to be located, constructed, used and related to each other, and plans for other uses and improvements on the land as related to the buildings; and

4.

With a program for provision, operation and maintenance of such areas, facilities and improvement as will be for common use by some or all of the occupants of the district but will not be provided, operated or maintained at general public expense.

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

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

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

Plumbing code. The plumbing code of the city.

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

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

Private school. Any building or group of buildings, the use of which meets state requirements for primary or secondary education and which does not secure the major part of its funding primarily from any governmental agency.

Private school (small). A private school with six or less students.

Prohibited application period. The time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of the City of Haines City issued by the National Weather Service, or if heavy rain is likely.

Proportionate share mitigation. An applicant's voluntary provision of public school facilities proportionate to a development proposal's impact on school capacity. Proportionate share mitigation options may include contribution of or payment for land acquisition; construction or expansion of, or payment for construction of public school facilities; or the creation of mitigation banking based on the construction of public school facilities, in exchange for the right to sell capacity credits to other residential development affecting those facilities. Proportionate share mitigation must be identified in a work program, unless the school district has committed itself in a proportionate share mitigation agreement to include the mitigation in the work program during the next annual update to the work program.

Proportionate share mitigation agreement. A voluntary, legally-binding commitment to provide proportionate share mitigation to ensure public school concurrency can be achieved, where school capacity would not otherwise be adequate to support the demand resulting from approval of a development proposal at the time the development proposal is being considered. The applicant, school district and Haines City shall be parties to a proportionate share mitigation agreement.

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

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

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

Public school concurrency. As provided in F.S. § 163.3180(13)(e), the necessary public school facilities to maintain level of service standards are in place or are scheduled in the work program to be under actual construction within three years of approval of a development proposal.

Public school facilities. Permanent public school buildings provided by the school district, as defined by the most current edition of the Florida Inventory of School Houses (FISH), published by the Florida Department of Education, Office of Educational Facilities, or land for a public school facility.

Public school facilities, existing. Public school facilities that are already constructed and operational at the time that the school district designee makes a finding regarding school capacity.

Public school facilities, planned. Public school facilities in the school district's work program that will be in place or under actual construction within three years after the approval of the development proposal.

Public school facilities, total. Existing public school facilities and planned public school facilities.

Public schools interlocal agreement. The interlocal agreement between Haines City, non-exempt municipalities, and the school district, pursuant to F.S. § 163.31777, which establishes standards and procedures for a coordinated, uniform public school concurrency program throughout Polk County and which ensures the level of service standards for public school facilities are achieved and maintained.

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

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

Race car. Any vehicle in compliance with article 3, Parking, Storage, or Use of Recreational Equipment, used or being prepared for use, for the purpose of racing against other vehicles or to be driven in a timed event.

Recreational space. Land set aside for the placement of a unit and the exclusive use of its occupants. Stand is an area within the space designed and improved for occupancy by a unit.

Recreational vehicle. Any type of vehicle used primarily for recreational pleasure. Examples include but are not limited to travel trailer, motor homes, truck campers, van campers, boat trailers, and any type of water craft such as boats, canoes, and jet skis. Recreational vehicles shall also include any mobile structure designed for temporary occupancy.

Recreational vehicle. (See chapter 6.) As it pertains to chapter 6, section 6.1.5, shall include travel trailers, pickup coaches or campers, motor homes, camping trailers and other forms of transportable housing or shelter used for recreational purposes. For purposes relating to regulation of such recreational vehicles, an individual facility of the kind indicated may be referred to hereafter as a unit. Such a unit shall not exceed 35 feet body length (not including hitches or bumpers).

Recreational vehicle (flood protection). A vehicle, including a park trailer, which is (defined in F.S. § 320.01):

1.

Built on a single chassis;

2.

Four hundred square feet or less when measured at the largest horizontal projection;

3.

Designed to be self propelled or permanently towable by a light duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational vehicle park. A parcel of land or premises under unified control planned and developed as a whole in a single development or a programmed series of development operations for recreational use by persons with recreational vehicles, with appropriate accessory uses and structures.

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

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

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

Residential planned unit development (RPUD). A RPUD is defined for the purposes of chapter 6 as a planned unit development (as defined in general in section 6.1.1.C) primarily for dwellings and related uses, services and facilities and containing not less than four acres.

Restaurant. An establishment licensed by the State of Florida as a public food service establishment where the principal use is the preparation, serving and selling of food for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption. If available, the sale of alcoholic beverages shall be incidental such that 51 percent or more of the gross sales of the establishment are derived from the sale of food and non-alcoholic beverages. A drive-in restaurant is not considered a restaurant in the LDR.

Restaurant, drive-in, fast food, or refreshment stand. Any place or premises where food is prepared and served for pay, and for which provision is made on the premises for the selling, dispensing, or serving of food, refreshments or beverages in automobiles, and/or 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 other than a completely enclosed building on the premises. A restaurant which provides drive-in facilities of any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant for the purposes of the LDR. A barbecue stand or pit or sandwich bar, having the characteristics noted in this definition shall be deemed a drive-in restaurant.

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

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

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

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

School capacity. The demand that can be accommodated by a public school facility at the level of service standard, as determined by the school district.

School concurrency allocation. A reservation of school capacity made by the school district after a finding of available school capacity, upon Haines City's approval of a development proposal. The reservation shall be indicated on the school concurrency schedule.

School concurrency application. An application for the school district to make a finding of available school capacity and issue a school concurrency schedule.

School concurrency schedule. A schedule maintained by the school district that tracks the availability of school capacity over time.

School concurrency service areas (CSA). Are designed and subsequently modified to maximize available school capacity and make efficient use of new and existing public schools. These areas shall be school attendance zones (excluding attendance "spot zones") and shall be designed so that the adopted Level-of-Service will be achieved and maintained within the bounds of the School Board's requirement for the financially feasible five year capital facilities plan.

School district. The School Board of Polk County.

School district designee. A person or committee designated to act on behalf of the school district, and to make determinations regarding whether public school concurrency has been achieved for school concurrency applications submitted to the school district by the director.

Senior adult flat. A single family dwelling unit designed to accommodate not more than one retired senior adult parental family related to the occupants of the principal residence.

Service station. (See chapter 5 of the LDR.)

Sexually oriented business. See Chapter 12, Article IV, Code of Ordinances of the City of Haines City, Florida.

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

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

Short term rental. A dwelling unit which is made available for rent for periods of fewer than 30 days or one calendar month at a time, whichever is less, for use, occupancy or possession by the public, regardless of the form of ownership of the unit. Dwelling units commonly referred to as "timeshares," "vacation rentals" and "holiday rentals" which possess the above characteristics are included within this definition. Bed and breakfast establishments are excluded from the definition. Also excluded from the definition are multiple family dwellings, the individual units of which are offered exclusively for rent. The exemption of multiple family dwellings from the definition of "short term rental" shall not be construed as authorizing multiple family dwellings to be operated as hotels, motels or other transient lodging establishments.

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

Sign. Any writing, graphic or pictorial presentation, number illustration, or decoration, flag, banner, or pennant, or other device designated to inform or attract the attention of persons not on the premises on which the sign is located.

Sign, abandoned. A sign which, for a period of 180 consecutive calendar days, is no longer being used, and which is not being maintained shall be considered an abandoned or discontinued sign.

Sign, banner. A sign having characters, letters or illustrations that is constructed of cloth, canvas, or other type of natural or man-made fabric, or other similar light material which can be easily folded or rolled, but not including paper or cardboard. The banner may be supported by along one or more corners by wires, ropes, strings, or other materials that are not fixed or rigid.

Sign, billboard. An off-site sign that the surface or surfaces of which are sold, rented or leased.

Sign, building. A sign applied or affixed to a building, including, without limitation, wall, marquee, window, projecting or awning signs.

Sign, canopy. A sign painted on or attached to a canopy or awning.

Sign, civic event. A sign intended to be displayed for a limited period of time to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organization, or similar noncommercial organization. Such activities and events include festivals, sports events, and holiday celebrations.

Sign, decorative. A sign or signs that do not advertise a product for sale on the premises and do not specifically state the name of the occupant on the site, but are otherwise placed on a building or site to promote a theme or marketing concept for a brand of product or brand of service provided on that site.

Sign, directional. A sign located at the exit or entrance of a premise that has two or more driveways.

Sign, electronic community bulletin board. A sign designed to provide community information related to public and semi-public meetings, and special events related to activities of schools, churches, governmental facilities and similar public and quasi-public facilities. Only schools, churches, governmental facilities and similar public and quasi-public facilities may be permitted to have an electronic community bulletin board sign. These signs by their nature are illuminated, changeable copy, electronic signs. Due to compatibility with nearby residential districts and uses these signs are only permitted as a conditional use in accordance with chapter 20, article 2, of the Land Development Regulations.

Sign, electronic display (HD). A sign that uses electronic technology, such as liquid crystal display (LCD), light emitting diode (LED), plasma, or similar high-definition technology to transmit a message.

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

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

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

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

Sign, human. A sign that is held or worn, including costumes, by a person for the purpose of advertising a message, or otherwise drawing attention to a business, commodity, service, or product.

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

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

Sign, marquee. A sign attached to or painted on the face of a marquee and not projecting above or beneath said marquee face.

Sign, monument. A ground sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles. The base of the sign structure is on the ground or a maximum of 12 inches above the adjacent grade.

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

Sign, non-conforming. A sign or advertising structure existing within the city limits or existing in an area annexed into the city after the effective day of these regulations, which by its height, area, location, use or structural condition does not conform to the requirements of chapter 7, shall hereafter be termed non-conforming.

Sign, non-illuminated. A sign which has no source of illumination either directly or indirectly.

Sign, number and surface area. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Their matter is displayed in a random manner without organized relationship or elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

The surface areas of a sign shall be computed as including the entire area within the periphery of a regular geometric form, or combinations or regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, but not including blank masking, frames, or structural elements of the sign bearing no graphic matter. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back to back with a maximum of one foot separation, the area of the sign shall be taken as the area of one face if the two faces are of equal as area and the area of the larger face if the two faces are of unequal area.

Sign, off-site. A sign other than an on-site sign.

Sign, on-site. Any sign (1) that identifies an activity conducted or products or services available on the premises where the sign is located, or (2) displaying a non-commercial message, or (3) any combination of (1) and (2).

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

Sign, portable. Any on site sign which is temporary in nature, and portable in that it is not intended to be permanently affixed or attached to the ground and which may be wired for illumination. This type of sign may include but is not necessarily limited to: pole attachments, searchlights, stands, and business signs pasted, painted or attached to window display areas.

Sign, projecting. A sign attached to a building or other structure and extending beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached.

Sign, real estate. A temporary sign located on a premise which is available for sale, lease or trade.

Sign, roof. A sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof of the structure.

Sign, sandwich board. A freestanding portable sign having one or two surface areas for display and no supporting posts.

Sign, temporary. An on-premises sign intended to be displayed for a limited period of time to advertise activity such as, but not limited to, sales, specials, promotions, holidays, business grand openings, lease or vacancy of rental units, and notice of new development. Easily removed signs attached to windows shall be considered temporary signs.

Sign, trailer. A sign constructed of any material with or without changeable lettering, illuminated or non-illuminated, mounted on a trailer or similar structure, with or without wheels, and not permanently secured to the ground.

Sign, wall. A sign which is painted, applied to or mounted flat against a building or other structure with orientation from the exterior front, rear or side wall of such building or structure.

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

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

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

Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen. Nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product.

Small engine repair. Repair activities conducted within enclosed structures which have little or no discernable impacts on adjacent properties, and that involve the repair of engines for items such as lawn mowers, trolling motors, trimmers, chain saws, go karts, and other similar sized engines. Automotive, boat, or recreational vehicle repair, and similar activities are not considered to be small engine repair.

Small equipment repair. Repair activities conducted within enclosed structures which have little or no discernable impacts on adjacent properties, and that involve the repair of equipment. Items such as earth movers, cranes, forklifts, skid steers, multi-terrain loaders (bobcats), machinery that uses diesel engines, and similar size machinery or equipment are not considered to be small equipment repair.

Social service facility. A facility operated by an organization which provides services such as training, counseling, health, or the distribution of food, excluding the preparation and distribution of meals, or clothing. This term includes but is not limited to a facility offering life skills training, substance abuse counseling, housing services, or a neighborhood recovery center. This term does not include an emergency residential shelter.

Sod or lawn. See definition of turf.

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

Special approval. An action that may be taken by the city commission which makes certain land uses identified in chapter 5 of the Land Development Regulations permissible land uses.

Special event. Special events are those events that run for one day but not longer than two weeks and are intended to or likely to attract substantial public crowds. Special event includes, but is not limited to, art shows, sidewalk sales, pumpkin and Christmas tree sales, haunted houses, carnivals (major and minor), special auto sales, grand openings, festivals, home exhibitions, and church bazaars. Private events and/or functions shall be exempt. The administrative official may use his discretion in determining if an event is public or private.

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

Special flood hazard area. An area in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as zone A, AO, A1 A30, AE, A99, AH, V1 V30, VE or V. (Also defined in FBC, B Section 202.)

Spot zone. An area zoned to a particular school that is not in the immediate neighborhood of that school facility in order to facilitate desegregation and balance socio-economic diversity.

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

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

Start of construction. The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns.

Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (Also defined in FBC, B Section 202.)

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

Storage. Any area that is intended for the use of the storage of goods, materials, refuse, or vehicles and equipment not in service. Storage areas shall not incorporate any other areas such as parking areas, landscaping, and yard areas unless specifically authorized by the applicable land use regulations.

Storage area. An area used or intended for the storage of automobiles, materials, refuse and equipment not in service for more than 48 consecutive hours. Storage areas shall not incorporate any other areas of project development such as parking areas, landscaping, and yard areas unless specifically authorized by the applicable land use regulations.

Stormwater. Surface runoff and drainage of water resulting from rainfall.

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

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

Loop drive. A type of minor local street, each end of which terminates at an intersection with the same connecting street, and whose principal radius points of the 108 degree system of turns are not more than 1,000 feet from said connecting street, nor normally more than 600 feet from each other.

7.

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

8.

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

9.

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

Street construction terms. The following terms are defined for purposes of street construction:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

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

Student capacity. The estimated number of students (in full-time equivalency) that can be satisfactorily housed in a facility at any given time based upon a percentage of the total number of satisfactory student stations.

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

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

Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. (Also defined in FBC, B Section 202.)

Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include (also defined in FBC, B, Section 202.) any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, provided the alteration will not preclude the structure's continued designation as a historic structure.

Supervised living facilities. Facilities housing more than 20 residents, to include, but not limited to, convalescent homes, rest homes, nursing homes, community residential rehabilitation centers, dormitories, adult congregate living facilities and boarding homes.

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

Temporary. A use intended for limited duration to be located in a zoning district not permitting such use. This use is for a fixed period of time, with the intent to discontinue such use upon the expiration of such time that does not involve the construction or alteration of any permanent structure.

Temporary classroom. A movable or portable classroom facility.

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

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

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

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

Townhouse or rowhouse. Three or more single family dwellings separated by party walls or separated by not more than one inch from another townhouse with private entrances in the front and rear. A townhouse shall be held in separate ownership through single lots or a condominium plat.

Transitional housing. A multifamily residential facility developed in an individual dwelling unit format that does not restrict occupancy to six months or less and that provides temporary accommodations to person and families for a period of up to one year, and which also may provide meals, counseling, and other services, as well as common areas for residents of the facility.

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

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

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

Unit, dependent. A unit other than an independent unit.

Unit, self-contained. A unit which can operate independent of connections to sewer, water and electric systems, containing within the unit a toilet, water storage connected to a kitchen sink, and hold facilities for all liquid wastes.

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

Variance. A variance is a relaxation of the terms of the LDR where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the LDR would result in unnecessary and undue hardship on the land. As used in the LDR under zoning, a variance is authorized only for height, area and size of structures or size of yards and open spaces. As used in the LDR under subdivisions, a variance is authorized generally for peculiar site or topographic conditions, and not as a result of actions of the owner or developer, but all within the intent and purpose of the chapter.

Variance (flood protection). A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code.

Vegetation inventory. A document which delineates the location and identifies the vegetation upon a lot, and which meets the standards established in section 10.4.2 and section 10.4.3 of chapter 10.

Vegetation, native. As used in chapter 10, plant species with a geographic distribution indigenous to all, or part of the State of Florida, Unless specified otherwise, when the term vegetation is used in chapter 10, it shall be interpreted to mean native vegetation growing naturally on the site and not planted by man and shall include but not necessarily be limited to the following trees and under story species:

Vehicle storage. The short-term or long-term parking and/or storage of motor vehicles outside an enclosed building, but not for the purpose of outdoor sales display.

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

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

Vertical farming. The practice of growing crops in vertically stacked layers in a controlled, in-door environment. Farming techniques used, are processes such as hydroponics, aquaponics, and aeroponics.

Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

Waters of the United States. As defined by the U.S. Environmental Protection Agency (EPA) in Title 40, Section 122 of the Code of Federal Regulations or any modification or derivative there of.

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

Wine bar. An establishment where the principal focus is selling wine by the glass, rather than liquor or beer. Food is not generally offered at these establishments.

Work program. A five-year capital improvement plan that is financially feasible, as defined by state statute, and which is adopted by the school district and Haines City and incorporated into the capital improvement element of Haines City's comprehensive plan. The work program itemizes planned public school facilities and includes the following:

(a)

All planned public school facilities, including new construction, expansions, and renovations that will create additional capacity, whether provided by the school district of through proportionate share mitigation;

(b)

Existing and projected enrollment of public school facilities;

(c)

The year in which each planned public school facility will be undertaken;

(d)

The source of funding for each planned public school facility and the year in which the funding becomes available;

(e)

The capacity created by each planned public school facility; and

(f)

Necessary data and analysis supporting the proposed work program.

Yard. For the purposes of the Land Development Regulations, a yard is defined as the minimum required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, that fences, walls, poles, posts and other customary yard accessories, such as ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. Types of yards are defined as follows and per the diagram in chapter 5, "Diagrams of Yard Configurations, Non-Regular and Rectangular Lots":

1.

Yard, front. A front yard is defined as follows:

A.

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

B.

Depth of required front yards shall be measured perpendicular to a straight line joining the foremost points of the side lot lines. The foremost points of side lot lines, in the case of rounded property corners, as at street intersections, or irregular corners, shall be assumed to be the points at which lines would have met without rounding or irregularity. Front and the front of the rear yard lines shall be parallel.

2.

Yard, side. A side yard is defined as follows:

A.

A yard extending from the rear line of a required front yard to the rear or back property line, or in cases where more than one front yard is required, as on a through lot, to the rear line of the second front yard. In the case of corner lots, those yards adjacent to streets remaining after front yards have been established shall be considered side yards, and shall be required to have the same distance as the required front yard.

B.

Width of a required side yard shall be measured in a manner similar to that employed in measurement of depth for required front yards, so that the yard established is a strip of the minimum width required with its inner edge parallel to the side lot line at its outer edge.

3.

Yard, rear. A rear yard is defined as follows:

A.

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

B.

Depth of a required rear yard shall be measured in a manner similar to that employed in measurement of depth for required front yards, so that the yard established is a strip of the minimum depth required with its inner edge parallel to the rear lot line at its outer edge.

4.

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

5.

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

Zero lot line dwelling. A single family detached dwelling whereby the dwelling is permitted to be built up to one or both of the side property lines and may be required to have a minimum side yard on only one side of the dwelling.

(Ord. No. 08-1328, § 2, 5-15-2008; Ord. No. 08-1331, § 2, 7-17-2008; Ord. No. 08-1334, § 2, 9-4-2008; Ord. No. 09-1346, § 1, 8-6-2009; Ord. No. 09-1355, § 2(Att. A), 11-19-2009; Ord. No. 10-1388, § 2, 12-18-2010; Ord. No. 11-1403, § 2, 8-18-2011; Ord. No. 12-1418, § 2, 3-1-2012; Ord. No. 12-1417, § 2, 3-15-2012; Ord. No. 12-1424, § 1, 7-5-2012; Ord. No. 12-1426, § 1, 9-5-2012; Ord. No. 13-1453, § 1, 7-18-2013; Ord. No. 14-1467, § 1, 1-23-2014; Ord. No. 14-1476, § 1, 10-16-2014; Ord. No. 15-1490, § 1, 3-19-2015; Ord. No. 17-1584, § 1, 11-16-2017; Ord. No. 18-1594, § 1, 3-1-2018; Ord. No. 18-1604, § 2, 7-19-2018; Ord. No. 18-1624, § 1, 11-15-2018; Ord. No. 18-1625, § 2, 12-18-2018; Ord. No. 20-1695, § 2, 8-6-2020; Ord. No. 21-1732, § 1(Exh. A), 6-17-2021; Ord. No. 22-2024, § 1, 10-4-2022; Ord. No. 23-2053, § 1(Exh. A), 12-7-2023; Ord. No. 24-2068, § 1(Exh. A), 4-4-2024; Ord. No. 24-2089, § 1(Exh. A), 11-21-2024)