For the purposes of this Code, the following terms shall have the meanings set forth below or as specifically defined in another Article. Included are pertinent definitions adopted in the Comprehensive Plan, in addition to others applicable to this Code but not covered in the Plan. It is the intent of this Article to incorporate Comprehensive Plan definitions in substantially the same form in which they were adopted, although some terms may be defined here in a more detailed or restrictive manner. In the event a Comprehensive Plan amendment conflicts with a definition contained herein, the definition in the Comprehensive Plan shall take precedence, and shall be incorporated into this Code, by reference. For any definition not found here, refer to a published dictionary form.

The rules of interpretation included in Section 1.05.06 apply to the definitions. All words in this Code shall have the customary dictionary meaning. The present tense includes the future tense, and the future tense includes the present tense. The singular includes the plural, and the plural includes the singular. The word "person" includes a firm, corporation, association, organization, trust, or partnership. The word "shall" is always mandatory. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

(A)

Certain terms in this Article are defined to be inclusive of many uses to eliminate overly detailed lists of uses in the zoning districts established by this Code. These terms are referred to as "generic uses."

(B)

A use that is not specifically listed in a zoning district, does not fall within a generic use definition as defined in this Article, or is not interpreted as part of a generic use is prohibited.

(C)

Any use specifically listed within the Table of Uses or within the definitions cannot be considered part of a generic use definition.

The definitions of this article cannot be waived. No variances are permitted to general term of generic use definitions.

~A~

Abandoned, Wrecked, Dismantled, or Inoperative Motor Vehicles: Supplementary terms include:

Junked Motor Vehicle: Any motor vehicle, as defined in this Section, the condition of which is wrecked, dismantled, partially dismantled, inoperative, unlicensed, abandoned or discarded.

Motor Vehicle: Any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers, trailers, recreational vehicles, and all-terrain vehicles (ATV).

Private Property: Any real property within the County which is privately owned and which is not public property.

Public Property: Any street or highway, which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel and shall also mean any other publicly owned property or facility.

Abandonment of Use: The intent on the part of the user to abandon their right to a nonconforming use of the premises, as well as an actual cessation of the use in issue. Any use discontinued for a period of 90 days shall be deemed an abandoned use unless otherwise stated in the Code.

Accessory Building/Structure: A structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory buildings/structures include detached garages, carports, storage sheds, pole barns, and hay sheds.

Accessory Dwelling Unit: An ancillary or secondary living unit, that has a separate kitchen, bathroom, and sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit.

Accessory Use: A use customarily incidental to the principal use of the property.

Acres, Gross: The entire acreage of a site; includes the entire land and water area within the property boundaries.

Acres, Net: The portion of a site that can actually be built upon. The following are generally not included in the net acreage of a site: public or private road rights-of-way, public open space, lakes, and flood ways.

Addition (to an existing building): Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load bearing wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction.

Administrative Approval: Approval given by the County Manager/designee for permitting based on standards and criteria in this Code.

Adult Day Care Facility: Any building, buildings, or part of a building, whether operated for profit or not, which undertakes through its ownership or management to provide, for a part of the 24-hour day, basic services to three or more persons who are 18 years of age or older, who are not related to the owner/operator by blood or marriage, and who require such services. (F.S. § 429.901(1))

Adult Entertainment Establishment: Any business which excludes minors by virtue of age due to the presence or display of films, photographs, published materials, or activities of a sexual nature. This definition shall include adult bookstores and theaters, and establishments offering massage, body rubs, any display of nudity, and similar activities to the exclusion of minors. Establishments which offer medical and therapeutic services provided by state licensed practitioners are excluded from this definition. Any business qualifying as an incidental adult materials vendor shall also be excluded from this definition.

Adult Family-Care Home: Per F.S. § 429.65(2), A full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives. The following family-type living arrangements are not required to be licensed as an adult family-care home:

(A)

An arrangement whereby the person who owns or rents the home provides room, board, and personal services for not more than two adults who do not receive optional state supplementation under F.S. § 409.212. The person who provides the housing, meals, and personal care must own or rent the home and reside therein.

(B)

An arrangement whereby the person who owns or rents the home provides room, board, and personal services only to his or her relatives.

(C)

An establishment that is licensed as an assisted living facility under Chapter 429, Florida Statutes.

Affordable Housing: Housing costs that, on a monthly basis, require rent or mortgage payments of no more than 30% of a household's monthly gross income.

Agriculture or Agricultural: The use of land for cultivation of crops or the raising of animals or for preservation of land in its natural state.

Agricultural Building or Structure: Any building or structure that is accessory to the principal agricultural use of the land.

Agricultural Uses: Activities within land areas which are predominantly used for the cultivation of crops and livestock including: crop land; pastureland; intensive dairy operations; confined feeding operations; poultry raising; egg production; hatcheries; orchards; vineyards; nurseries; ornamental horticulture areas; groves; specialty farms; aquaculture operations; beekeeping operations; and silviculture areas.

Agricultural Uses, Short Term: Temporary agricultural uses projected to transition to another land use in the future. For the purpose of this Code, the term Short-Term Agricultural Uses shall not include confined feedlot operations, poultry farms and similar establishments used for the housing, exhibiting, displaying or keeping of Class I or II type wildlife as defined in Rule 68A-6.002, FAC.

Alterations: Any change or additions to the load-bearing members or the foundation of a structure.

Ambient Air Quality Standards: Standards that establish acceptable concentration levels for major classes of pollutants in the "ambient air" (that portion of the atmosphere which is external to buildings and accessible to the general public).

Amendment, Comprehensive Plan: Any action of a local government which has the effect of amending, adding to, deleting from or changing an adopted comprehensive plan element or map or map series, including an action affecting a prior plan or plan amendment adoption ordinance, but shall not mean a legislative act which only codifies local legislation or makes corrections, updates and modification of the capital improvements element concerning costs, revenue sources, acceptance of facilities or facility construction dates consistent with the plan as provided in F.S. § 163.3177(3)(b), and corrections, updates or modifications of current costs in other elements, as provided in F.S. § 163.3187(2).

Amnesty Days: A period of time authorized by the state for the purpose of purging small quantities of hazardous waste, free of charge, from the possession of homeowners, farmers, schools, state agencies, and small businesses.

Antenna: A mechanism, less than 30 feet in height, the purpose of which is to receive television or radio signals directly from ground-based sources, or to transmit such signals directly to ground-based receivers.

Antique Car/Vehicle: Any vehicle 25 years or older.

Apartment Building: A building which is used or intended to be used as a home or residence for three, or more, families living in separate quarters.

Applicant: Any person who submits an application for the purpose of obtaining approval of a request.

Aquifer: A water bearing stratum of permeable rock, sand, or gravel.

Recharge Areas: Geographic areas where the aquifer system is replenished through rainfall. Areas of high aquifer recharge are important for the continuation of potable ground water supplies.

High Recharge Area: Geographic areas designated by a Florida Water Management District where, generally, water enters the aquifer system at a rate of greater than 10 inches per year.

Prime Aquifer Recharge Areas: Geographic areas of recharge to the aquifer system, to be designated by the appropriate Southwest Florida Water Management District, as critical for the continuation of potable ground water supplies.

Assessed Value: The value of real property and improvements thereon as established by the Hardee County Property Appraiser's Office.

Assisted Living Facility: Any building or buildings, section of a building, or distinct part of a building, private home, boarding home, home for the aged or other residential facility, whether operated for profit or not, which through its ownership or management to provides housing, meals, and one or more personal service for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator. (F.S. § 429.02(5))

Automotive Repair, Major: Includes activities listed under Service Station, as well as removal and major overhaul of engines, transmissions and drive systems, and all types of paint and body work.

Automotive Repair, Minor: See Service Station. A business that performs minor automotive repair may include the sale of motor fuels.

Automotive Restoration/Antique or Classic (Private and "Not for Profit"): Restoring of classic vehicles (more than 20 years old) or antique vehicles (25 years or older) by a private individual and "not for profit." All activities must take place under cover. Stored vehicles must be screened. Vehicles may not be stored in front of the principal structure and must be set back 10 feet from side and rear property lines. An individual who is restoring a classic or antique vehicle may have three inoperable vehicles as long as they are of the same make and model of the vehicle being restored.

Auto Salvage Yard: A commercial business that disassembles inoperable vehicles for the purpose of resale of automobile parts. No more than three inoperable vehicles may be stored at any one time. See "Junkyard" for a business that stores more than three inoperable vehicles.

Availability or Available: With regard to the provision of facilities and services concurrent with the impacts of development, means that at a minimum the facilities and services will be provided.

~B~

Bakery, Retail (Bakeshop): A retail bakery sells baked goods directly to customers, as opposed to selling through other businesses or distributors.

Bar: Means and includes the terms "cocktail lounge", "tavern", "pub", and similar terms, synonyms and uses in which alcoholic beverages are sold and/or consumed on the premises and in which no customer dancing, or paid entertainment other than music is permitted. Any establishment serving alcoholic beverages, and not meeting the criteria for a restaurant as defined in this Code, regardless of any State licenses that they may possess, shall be classified as a bar.

Sports Bar: Any establishment which sells, serves, dispenses, or provides alcoholic beverages for the consumption on premises, even if incidental to the sale of food and nonalcoholic beverages, where indoor recreational uses are provided on the same premises including, but not limited to the following: pool tables, dart games, air hockey, dancing, and/or more than two video games/pinball/arcade machines per 100 seats.

Barbershop or Beauty Salon: An establishment in which hairdressing, makeup, and similar cosmetic treatments are carried out professionally. Any place or part thereof wherein cosmetology, barbering, electrology, or nail technology, or any of its practices, are practiced, whether such place is known or designated as a cosmetologically establishment, beauty salon, barber shop, nail salon, or electrology establishment, or where the person practicing cosmetology, barbering, nail technology or electrology therein holds oneself out as a cosmetician, cosmetologist, beauty culturist, barber, nail technician or electrologist, or by any other name or designation indicating that cosmetology or barbering is practiced therein.

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

Bed and Breakfast: An owner-occupied dwelling unit containing no more than six guest rooms where lodging, with or without meals, is provided for compensation.

Best Management Practice (BMP): A practice or combination of practices that are determined to be the most effective, practical means of preventing or reducing pollution.

Bicycle and Pedestrian Ways: Any road, path or way which is open to bicycle travel and traffic afoot and from which motor vehicles are excluded.

Bin (Container): A receptacle used for storage of parts or material.

Bio-Hazardous Waste: Infectious agents or other hazardous biological materials that present a risk (or potential risk) to the health of humans, animals, or the environment.

Board: The Board of County Commissioners of Hardee County, Florida.

Boarding or Rooming House: Residential facility other than an apartment building, hotel/motel, or restaurant, containing four or more rooms, where meals and/or lodging are provided in exchange for monetary compensation. This definition shall include dormitories, fraternity houses, and sorority houses.

Bottle Club: Means an establishment providing facilities for the consumption of alcoholic beverages by its patrons on the premises, but not licensed to sell alcoholic beverages, without regard to whether the patrons are required to be members of the club or establishment.

Breakaway Wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

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

Building and Building Related Definitions:

To be read in conjunction with Construction and Construction Related Definitions.

Building: A fully enclosed structure created to shelter any form of human activity. This may refer to a house, garage, religious institution, hotel, packinghouse, or similar structure. Buildings may refer to a historically or architecturally related complex, such as a house or jail.

Building Area: The total ground area taken on a horizontal plane at the mean grade level, of each building and accessory building but not including uncovered entrance platforms, terraces, and steps.

Building Component: An element or assembly of elements integral to or part of a building.

Building Height: The vertical distance measured from the established grade at the front building line to the highest point of the building.

Building Line: The vertical projection of the outer limits of the roof and portions of the structure onto the ground.

Building Permit: An official document authorizing the performance of a specific activity regulated by the FBC (Florida Building Code).

Building Shell: The structural components that completely enclose a building, including but not limited to, the foundation, structural frame, floor slabs, exterior walls, and roof system.

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

Building Supply Salvage Yard: An activity involving the on-site reclamation of used or recycled building materials offered for sale.

~C~

Cabin: In a recreational resort, a cabin is any building or structure used by a single family as temporary living or sleeping quarters.

Camping Trailer: See Recreation Vehicle.

Canal: A trench, the bottom of which is normally covered by water with the upper edges of its two sides normally above water.

Canopy: Canopy refers to the area shaded by the crown of mature trees, which is listed among the approved species.

Capital Budget: The portion of each local government's budget that reflects capital improvements scheduled for a fiscal year.

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

Capital Improvement Program (CIP): A five-year listing of proposed capital improvement projects included in the County's Comprehensive Plan.

Carport: A roofed area open on one or more sides that is attached to or is within three feet of the principal building and designed or intended for storage of one or more motor vehicles, trailers, boats, or other movable property.

Car Wash and Detailing: Establishments providing full- or self-service washing and detailing for motor vehicles and domestic equipment. Retail sale of automotive products is permitted as an accessory use.

Cemetery: A plot or parcel of land used or intended for use as a burial place in or above the ground for dead human bodies, whether or not markers or monuments are used.

Change of Use: A change from one permitted land use to another permitted land use.

Chemical Plant: A plant where substances are produced by chemicals.

Child Care: The care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care. (F.S. § 402.302(1))

Child Care Facility: (F.S. § 402.302(2)). "Child care facility" includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included:

(A)

Public schools and nonpublic schools and their integral programs, except as provided in F.S. § 402.3025;

(B)

Summer camps having children in full-time residence;

(C)

Summer day camps;

(D)

Bible schools normally conducted during vacation periods; and

(E)

Operators of transient establishments, as defined in Chapter 509, Florida Statutes, which provide child care services solely for the guests of their establishment or resort, provided that all child care personnel of the establishment are screened according to the level 2 screening requirements of Chapter 435, Florida Statutes.

Citrus Grove: Land established to raise citrus and other tree fruit, including but not limited to oranges and grapefruit, and all varieties thereof.

Citrus Harvesting: The act of picking, combining, and loading for transport citrus fruit from a citrus grove.

Classic Car/Vehicle: A vehicle 20 years or older.

Clerk: Ex-Officio Clerk of the Board of County Commissioners of Hardee County, Florida; also, Clerk of the Court.

Club: Building, facilities, and property owned and operated by a corporation or association of persons for social or recreation purposes, including those organized chiefly to promote friendship and welfare among its members, but not operated primarily for profit or to render a service which is customarily carried on as a business.

Commercial Building: A building where commercial activities take place. Commercial buildings include office buildings, retail space, restaurants, warehouses, and more.

Commercial, Limited: Uses that include, but are not limited to, barber and beauty shops, chiropodists, shoe repair, book and record sales, laundry pickup and delivery, antique shops, camera and photographic supplies and sales, medical supply and pharmaceutical sales, decorators, tea rooms or tea houses not for sale of alcoholic beverages, social clubs, bakery shops, swimming services, custodial care centers for preschoolers or elderly persons, educational facilities public or private, florist shops, jewelers, television sales and service, and any similar use which is not prohibited by this ordinance but which, after a public hearing, may be determined to be similar by the Board of County Commissioners.

Commercial Motor Vehicle: Any vehicle which is not owned or operated by a governmental entity, which uses special fuel or motor fuel on the public highways, and which has a gross vehicle weight of 26,001 pounds or more, or has three or more axles regardless of weight, or is used in combination when the weight of such combination exceeds 26,001 pounds gross vehicle weight. (F.S. § 320.01(25))

Commercial Uses: Activities within land areas that are predominantly connected with the sale, rental and distribution of products, or performance of services.

Communication Tower: Mast, pole, or other structure exceeding 30 feet in height, on which are mounted one or more antennas, receivers, signal generator, or similar equipment, whose purpose is to receive television or radio signals directly from ground-based sources, or to transmit such signals directly to ground-based receivers.

Community Residential Home: (F.S. § 419.01(1)(a)). A dwelling unit licensed to serve residents who are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Families or licensed by the Agency for Health Care Administration which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning without approval by the local government, provided that such homes are not located within a radius of 1,000 feet of another existing such home with six or fewer residents or within a radius of 1,200 feet of another existing community residential home.

Compatibility: The appropriate use of a site, as it relates to suitability. When considering the "compatibility of a land use", the land, the location and the amount of property should be suitable for the proposed zoning or land use designation change. The requested zoning or land use classification should be compatible with development on surrounding property or can be made so with the imposition of conditions, buffers or limitations on the uses allowed.

Concurrency Management System: The procedures and/or process that the local government will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development.

Concurrent with the Impacts of Development: Concurrent with the impacts of development shall be satisfied when: the necessary facilities and services are in place at the time a development permit is issued; or a development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or that the necessary facilities are under construction at the time a permit is issued; or that the necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of concurrency as defined. Mechanisms and processes for attaining concurrency adherence is further described in the Unified Land Development Code.

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

Conservation Easement: A right or interest in real property intended to maintain land or water areas predominantly in their natural, scenic, open, or wooded condition. Such areas may preserve habitat for fish, plants, or wildlife; the structural integrity or physical appearance of sites of historical, architectural, archaeological, or cultural significance; or existing land uses compatible with conservation of natural resources.

Conservation Use: Publicly owned wetlands, floodplains, and other areas in which limited development is permitted to preserve a natural resource. Water wellfields and associated facilities, docks, and marinas, provided that all structures and parking areas are above the 100-year flood elevation.

Construction and Construction Related Terms.

To be read in conjunction with Building and Building Related Definitions.

Abandon or Abandonment: (1) termination of a construction project by a contractor without just cause or proper notification to the owner including the reason for termination; (2) failure of a contractor to perform work without just cause for 90 days; (3) failure to obtain an approved inspection within 180 days from the previous approved inspection.

Appraised Value: For purposes of construction, either (1) 120% of the assessed value of a structure or improvement as indicated by the Hardee County Property Appraisers Office or (2) the value as indicated in a certified appraisal from a certified appraiser.

Authorized Agent: A person specifically authorized by the holder of a Certificate of Competency to obtain permits in their stead.

Basic Wind Speed Line: Established to be 110 mph.

Certificate of Occupancy (C.O.): An official document evidencing that a building satisfies the requirements of the County for the occupancy of the building.

Change of Occupancy: A change from one Building Code occupancy classification or subclassification to another.

Construction: The process of adding structure to real property.

Imminent Danger: Structurally unsound conditions of a structure or portion thereof that is likely to cause physical injury to a person entering the structure; or due to structurally unsound conditions, any portion of the structure is likely to fall, be carried by the wind, or otherwise detach or move, and in so doing so cause physical injury or damage to a person on the property or to a person or property nearby; or the condition of the property is such that it harbors or is inhabited by pests, vermin, or organisms injurious to human health, the presence of which constitutes an immediate hazard to people living within the vicinity.

Inspection Warrant: A court order authorizing the County manager/designee(s) to perform an inspection of a particular property named in the warrant.

New Construction: Buildings for which the "start of construction" commenced on or after the effective date of this Code. The term also includes any subsequent improvements to such structures. For floodplain management purposes, see New Construction under the definition for Flood or Flooding in Article 7.

Consumptive Use Permit: A permit issued by the Southwest Florida Water Management District which allows the production (or pumping) of groundwater up to a specified amount, usually expressed in gallons per day.

Convenience Store: A building and land used or intended for retail sale of grocery store items, but on a much smaller scale than a grocery store. No sales of motor fuels. For the definition of a convenience store with gas sales, see Gasoline Sales (No Service).

Convenience Store with Gas: See Gasoline Sales (No Service).

Corner Lot: See Corner Lot definition under the Lot definitions.

County: Hardee County, Florida.

County Engineer: The person so designated and appointed by the Board of County Commissioners or their designated representative.

County Road: Those roads contained in the County Road Inventory listing, as officially adopted by the Board of County Commissioners.

Craft/Artisan Production: Any production, including assembly and transformation of raw materials, to make unique custom goods through the use of hand tools or small scale equipment to include, but not limited to: microbreweries, micro-distilleries, micro-wineries, artist studios and/or classes, coffee roasting/shops, confectionary production/shops, furniture making/upholstery, clothing and accessory production/repair/sales, custom cabinetry or woodwork, jewelry crafting, custom paper-making and printers, and specialty/cottage food production/preparation. All uses in this category shall be open to the public, have on-site retail and/or consumption components, and may have retail sales/distribution to a non-local destination.

~D~

Dairy Farm: A farm where cows are raised for milk and milk production.

Dairy Operations: The act of maintaining cows for milk and milk production.

Datum: A reference surface used to ensure that all elevation records are properly related. The current national datum used herein is the North American Vertical Datum (NAVD), 1988.

Demolition: The act of razing, dismantling, or removing a building or structure, or a portion thereof, to the ground level. The complete or constructive removal of any part or whole of a building or structure upon any site when same will not be relocated intact to a new site.

Density: The average number of families or dwelling units per acre of land.

Density Bonus: An additional number of dwelling units above what would otherwise be permissible within a particular zoning classification or future land use classification.

Density, Gross: The overall number of units per acre in a development, including all supporting facilities.

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

Developer: Any person, including a governmental agency, undertaking any development. (F.S. § 380.031)

Development: The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels. (F.S. § 380.04)

The following activities or uses shall be taken to involve "development:"

A reconstruction, alteration of the size, or material change in the external appearance of a structure on land; a change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land; alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction"; commencement of mining, or excavation on a parcel of land; demolition of a structure; clearing of land as an adjunct of construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land.

The following operations or uses shall not be taken to involve "development":

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way; work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like; work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; the use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; the use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock, or for other agricultural purposes; a change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class; a change in the ownership or form of ownership of any parcel or structure; the creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land. Work by any utility and other persons engaged in the distribution or transmission of gas, electricity, or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners. The listed operations or uses shall not be taken for the purpose of this Section to involve "development."

"Development" as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity when part of other operations or activities are not development (F.S. § 380.04).

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

Development of Regional Impact (DRI): Any development that, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county.

Development Order: Any order granting, denying, or granting with conditions an application for a development permit (F.S. § 380.031).

Development Permit: Includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development (F.S. § 380.031).

Development Review: See Site Plan Review.

Dilapidated Dwellings: From the Comprehensive Plan of Hardee County, Data and Analysis s. of the Housing Element, Page IV-11: A housing survey was undertaken in 1988 and housing units were classified by exterior condition and categorized as either A) sound, B) deteriorating, or dilapidated. A dilapidated dwelling is a structure that exhibits a number of structural or environmental defects suggesting a condition beyond corrective maintenance; included in this category are abandoned structures in a state of decay. A deteriorated dwelling is one that can still be repaired to meet the building code and is defined as: a structure that exhibits one or more obvious structural or environmental defects that can be repaired to meet the Florida Building Code; included in this category, for example, are structures with roof damage, rotting pillars, crumbling steps and porches.

Dimensional Variances: A departure from the terms of these Codes pertaining to height, width, depth, and area of structures and size of yards and open spaces, where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape, or topography, and not as a result of the actions of the applicant, the literal enforcement of these Codes would result in unnecessary and undue hardship.

Disabled Adult: Any person at least 18 years of age, but under 60 years of age, who is not eligible for vocational rehabilitation services and who has one or more permanent physical or mental limitations that restrict his or her ability to perform the normal activities of daily living and impede his or her capacity to live independently. (F.S. § 410.032(2))

Disabled Adults Home Care: A full-time, family-type living arrangement in a private home under which a person or group of persons provides, on a nonprofit basis, basic services of maintenance and supervision, and any necessary specialized services as are needed, for three or fewer disabled adults. (F.S. § 410.032(3))

Disabled Individual: Is an individual having a permanent or temporary physical or mental impairment that substantially limits one or more of the major life activities of such individual, which are seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring of oneself, and working. An individual with epilepsy, paralysis, a substantial hearing or visual impairment, mental retardation, or learning disability would fall under the definition of disabled, but an individual with a minor, non-chronic condition of short duration, such as a sprain, infection, or broken limb, generally would not be considered disabled. Equal opportunity must be given to disabled individuals in employment, transportation, telecommunication, and places of public accommodations. (American Disabilities Act, 1990)

Division: The Division of Alcoholic Beverages and Tobacco of the State Department of Business Regulation.

Drainage Basin: The area defined by topographic boundaries that contributes stormwater to a drainage system, estuarine waters, or oceanic waters, including all areas artificially added to the basin.

Drainage Facilities: A system of man-made structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures.

Dredging: Excavation by any means in any waterbody or wetland. Excavation or creation of a waterbody that is, or is to be connected to waters, directly or via excavated waterbodies or a series of excavated waterbodies.

Drinking Establishment: An establishment where on-premises consumption of alcoholic beverages, but not including hard liquor, is permitted.

Dripline: Dripline is the boundary under a tree or other plant beyond which water will not drip from its foliage.

Duplex: A building designed and intended for or occupied exclusively by two families living independently of each other.

Dwelling: A building or portion thereof, designed or used exclusively for residential occupancy but not including hotels, lodging houses, boarding houses, motels, non-residential manufactured homes or residential care facilities.

Dwelling Unit: A room or rooms comprising the essential elements of a single housekeeping unit. Facilities for preparation, storage, and keeping of food for consumption within the premises shall identify the unit as a dwelling unit.

~E~

Earth Removal: The removal or extraction of any stone, sand, gravel, loam, topsoil, or other earth or earth product from a lot or parcel of land, except where such removal is for the purpose of grading a lot upon which a building is to be erected, a roadway to be built, or a platting thereof to be made. This shall not include mining or the extraction of minerals whose activities are to be governed by Article 13.

Easement: A right given by the owner of land to another party for specific limited use of that land. For example, property owners may give or sell an easement on their property to allow utility facilities like power lines or pipelines, or to allow access to another property. Property owners may also sell or dedicate to the government the development rights for all or part of a parcel, thereby keeping the land open for conservation, recreation, scenic or open space purposes.

Eaves: The extension or overhang of a roof, measured horizontally from the outer face of exterior walls or columns to the most distant point of the roof system.

Educational Uses: Activities and facilities of public or private primary or secondary schools, vocational and technical schools, and colleges and universities licensed by the Florida Department of Education, including the areas of buildings, campus open space, dormitories, recreation facilities or parking.

Elevated Building: A non-basement building built to have the lowest floor elevated above the ground level by means of foundation walls, pilings, columns (posts and piers), shear walls or breakaway walls.

Engineer: A civil engineer, registered and currently licensed to practice in the State of Florida, retained by the subdivider for the purpose of design and construction supervision.

Environmentally Sensitive Land: Wetlands, floodplains or critical habitat for plant or animal species listed by the Florida Department of Agriculture and Consumer Services (FDACS), the Florida Game and Fresh Water Fish Commission (FGFWFC), or the United States Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern. A Critical Habitat means the specific area within a geographic area occupied by plant or animal species listed by FDACS, FGFWFC or USFWS as endangered, threatened, or species of special concern on which are found those physical or biological features essential to the conservation of the species and which may require management considerations or protection.

Erosion: The washing away or scouring of soil by water or wind action.

Exceptional Hardship: A burden on a property owner that substantially differs in kind or magnitude from the burden imposed on other similarly situated property owners. Financial difficulty/hardship does not qualify as exceptional hardship.

Exotic Animals: Any wild animal not customarily confined or cultivated by humans for domestic or commercial purposes.

Expansion of Nonconforming Use: Extending a nonconforming use to occupy a greater amount of area or intensity beyond that which it occupied on the date the use became nonconforming.

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Family: An individual, or two or more persons related by blood, marriage, or adoption, living together as a single household unit.

Family Circumstance/Medical Condition: The grounds upon which a Temporary Special Use Permit may be applied for and granted only in a residential district.

Farmers' Market: The sale of organic, non-organic, or otherwise locally grown fruits, vegetables, and other agricultural products directly to the consumer by the farmer, typically in an outdoor setting or an association of local farmers who assemble at a defined location for the purpose of selling their produce directly to consumers.

Farm Operations: All conditions or activities by the owner, lessee, agent, independent contractor, or supplier which occur on a farm in connection with the production of farm, honeybee, or apiculture products or in connection with complementary agritourism activities. These conditions and activities include, but are not limited to, the marketing of farm products at roadside stands or farm markets; the operation of machinery and irrigation pumps; the generation of noise, odors, dust, fumes, and particle emissions; ground or aerial seeding and spraying; the placement and operation of an apiary; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; agritourism activities; and the employment and use of labor. (F.S. § 823.14(3)(d))

Farmworker, Farmworker Housing, and Related Definitions.

Farmworker: A person(s) employed to perform citrus harvesting, dairy operations, ranch operations and/or truck farm operations whether seasonally or year-round.

Farmworker Housing: The living accommodations of farm employees and their families, on one lot or parcel without regard to duration, which occurs exclusively in association with the performance of agricultural labor.

Farmworker Housing, Group Quarters: Housing for person(s) working on citrus groves truck farms or ranches/dairies wherein housing is provided by farm/ranch/dairy operation at no charge to the farmworker in a dormitory style.

Farmworker Housing, Migrant: Housing available to farmworkers for rent/monetary consideration.

Farmworker Housing, Resident: One and two-family dwellings on farms/dairies/ranches made available to farmworkers at no charge to the farmworker.

Feedlot: A type of animal feeding operation which is used in intensive animal farming for finishing livestock, notably beef cattle, but also swine, goats, sheep, turkeys, chickens or ducks prior to slaughter.

Fence: Any structure composed of wood, iron, steel, masonry, stone, or other material and erected in such a manner and in such location as to enclose, secure, partially enclose or secure, provide privacy, decorate, define, or enhance all or any part of any premises. Trellises or other structures supporting, or for the purpose of supporting, vines, flowers, and other vegetation, when erected in such a position as to enclose all or any part of the premises or otherwise satisfy the intent of this definition shall be considered a fence.

Filling Station: See Gasoline Sales (No Service).

Fitness Center: The Fitness Center is a health, recreational, and social facility geared towards exercise, sports, and other physical activities.

Flag Lot: A flag lot is a residential lot that does not provide the minimum required frontage width on a public or privately maintained street but is created to be served by a private driveway extending along a stem from the street to the portion of the lot which is deemed to be buildable.

Flood and Flood related definitions are located in Article 7.

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

Floor Area: The sum of gross horizontal area of the several stories of the building measured from the exterior faces of the exterior walls or from the centerline of party walls. Included shall be any basement floor, interior, balconies and mezzanines, elevator shafts and stairwells. The minimum floor area calculation for manufactured housing units shall be measured from exterior walls excluding any tongue, roof overhang or additions.

Floor Area Ratio: A non-residential land use intensity measure analogous to density. It compares the floor area of a building with the total area of its site. Floor area is the sum of the areas of the several floors of the building or structure. Floor area ratio is calculated by dividing the sum area of all floors by the gross area of the site.

Food and Beverage Manufacturing, Processing and Packaging, Heavy Industrial: Meets the definition of "Food and Beverage Manufacturing, Processing and Packaging, Light Industrial" and allows the uses listed within that definition. In addition, the following uses are also included: citrus processing; fats and oil product manufacturing; grain mill products and by-products; meat and poultry canning, curing, and byproduct processing; animal food production.

Food and Beverage Manufacturing, Processing and Packaging, Light Industrial: Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes bakeries; bottling plants; breweries; candy, sugar, and confectionery products manufacturing; catering services separate from stores or restaurants; coffee roasting; dairy products manufacturing; fruit and vegetable canning, preserving, related processing; seafood processing and canning; soft drink production; miscellaneous food item preparation from raw products. This definition does not include bakeries (retail) which sell all products on-site.

Food Stand: Booths, platforms, food trucks, and stands used for the production and sale of prepared or processed food products, such as hot dog and portable barbecue stands.

Foster Care Facility: A residential facility which provides a family living environment including such supervision and care necessary to meet the physical, emotional, and social needs of its residents. In accordance with (F.S. § 393.063(18)) the capacity of such a facility may not be more than three residents.

Frontage Related Definitions:

Double Frontage: A parcel of land having frontage on two or more roads, including, but not limited to through lots and corner lots.

Lot Frontage: The width of a lot or parcel of land measured along the adjacent street right-of-way line between opposite property lines.

Street Frontage: Street frontage shall mean all the property abutting one side of a street right-of-way between two intersecting streets measured along the adjacent street right-of-way line in all directions.

Frontage Road: A road designed to parallel a major roadway, thereby allowing the major roadway to function as a limited-access facility while providing access to lands adjacent to the roadway. (Sometimes designated as a "service road.")

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Garage Apartment: An accessory building which is or is intended to be detached from the principal building and which contains one or more dwelling units, whether or not vehicular storage is or was intended.

Garage, Commercial: A building or premises used for the storage, repair, rental, sale and/or servicing of motor vehicles and/or for the retail sale of fuel for such vehicles.

Garage, Private: A building, attached or detached to or from the principal structure, intended for the storage of automobiles or other wheeled property belonging primarily to occupants of the premises.

Garbage, Litter, Trash and Yard Trash Related Definitions.

Garbage: All kitchen and table refuse, offal, swill and every accumulation of animal and vegetable matter that attend the preparation, decay, dealing in or storage of meats, fish, fowl, game, or vegetable matter. The term "garbage" shall include combustible waste, such as paper, rags, pasteboard boxes and berry boxes used in connection with the preparation, distribution or storage of food, and glasses, bottles, tin cans or other disposable receptacles of food or food products.

Litter: Litter means any garbage, rubbish, trash, refuse, can, bottle, box, container, paper, tobacco product, tire, appliance, furniture; mechanical equipment or part, construction or demolition material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility, or substance in any form resulting from domestic, industrial, commercial, mining, agricultural or governmental operations.

Trash: Grass cuttings, leaves, and other vegetable waste not included in the term "garbage"; and wastepaper, glass, straw, excelsior or other rubbish and waste not connected with the preparation, distribution, or storage of food.

Yard Trash: Every waste accumulation of lawn, grass or shrubbery cutting or clippings and dry-leaf rakings, rocks, branches, palm fronds, tree branches, parts of trees, bushes or shrubs, green-leaf cuttings, coconuts, fruit or other matter usually created as refuse in the care of trees or large bushes.

Garden Home: See Single-Family Attached Dwelling Unit.

Gasoline Sales (No Service)/Gas Station/Filling Station/Convenience Store with Gas: A building and land used or intended for use to dispense, sell, or offer for sale any motor fuels, oils, or automotive accessories, and retail sale of grocery store items; but where no major automotive repair, body rebuilding, welding, tire capping, or painting is or is intended to be performed.

Gas Station: See Gasoline Sales (No Service).

Golf Course: Public or private golf course and par three courses including clubhouse, parking lots and maintenance facilities.

Grade: The inclination, to the horizontal, of any line which is generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance.

Established Grade: The average elevation of the finished grade of the ground immediately surrounding a building or structure and when used with reference to a street, means the elevation of the street.

Existing Grade: The grade prior to the start of work.

Finished Grade: The final elevation of the ground after the completion of construction which conforms to the approved plan.

Highest Adjacent Grade: The highest natural elevation of the ground surface, next to the proposed walls of a building.

Lowest Adjacent Grade: The lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately nest to the structure.

Group Home Facility: A residential facility which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such a facility shall be at least four but not more than 15 residents. (F.S. § 393.063(19))

Growth Management Act: Chapter 163, Part II, Florida Statutes, known and cited as the "Community Planning Act."

Guesthouse: An accessory building which is detached from the principal building, and which contains one dwelling unit; which is not for rental but for short term visitors; which is not for permanent occupation; and which may not be used for farmworker housing.

~H~

Habitual: Doing, practicing, or acting in some manner on a regular basis.

Halfway House: Any dwelling used as a home for juvenile offenders; for residential care or rehabilitation of adult offenders in lieu of institutional sentencing; for residential care and treatment of persons leaving correctional and mental institutions; as a shelter for teenage runaways; or as a residential treatment center for alcohol and drug users. A halfway house is designed to assist persons to reenter society and learn to adapt to independent living.

Hardship: Conditions peculiar to a property and not the result of the actions of the applicant, previous owners, or physical circumstances.

Hazardous Material: Any hazardous chemical, toxic chemical, or extremely hazardous substance, as defined in s. 329 of EPCRA (Emergency Planning and Community Right-to-Know Act of 1986, Title III, Superfund Amendments and Reauthorization Act of 1986 ss. 300-329, 42 U.S.C. ss. 11001, et seq.; and federal regulations adopted thereunder. (F.S. §§ 252.82(5) and (6))

Hazardous Waste: Those wastes as defined in 40 CFR, Part 261, Federal Regulations, as hazardous due to their ignitability, corrosivity, reactivity, or toxicity, or solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed.

Highest Adjacent Grade: The highest natural elevation of the ground surface, next to the proposed walls of a building.

Historic Resources: Historically significant structures or archeological sites.

Florida Master Site File: The state's clearinghouse for information on archaeological sites, historical structures, and field surveys for such sites. A combination of both paper and computer files, it is administered by the Bureau of Archaeological Research, Division of Historical Resources, Florida Department of State.

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

Historic Site: A single lot or portion of a lot containing an improvement, landscape feature, or archaeological site, or a historically related complex of improvements, landscape features or archaeological sites that may yield information on history or prehistory.

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

Home Occupation: An occupation, profession, or business activity conducted within a residential dwelling by a resident residing in the dwelling unit, where such use is clearly incidental and subordinate to the residential use and where the residential character of the dwelling shall not change. The term is synonymous with "home-based occupation".

Hospice: A centrally administered corporation or a limited liability company that provides a continuum of palliative and supportive care for the terminally ill patient and his or her family. (F.S. § 400.601(3))

Hospice Residential Unit: A homelike living facility, other than a facility licensed under other parts of Chapter 400, Florida Statutes (Nursing Homes and Related Health Care Facilities), or Chapter 395, Florida Statutes (Hospital Licensing and Regulation), or under Chapter 429, Florida Statutes (Assisted Care Communities), that is operated by a hospice for the benefit of its patients and is considered by a patient who lives there to be his or her primary residence. (F.S. § 400.601(5))

Hospice Services: Items and services furnished to a patient and family by a hospice, or by others under arrangements with such a program, in a place of temporary or permanent residence used as the patient's home for the purpose of maintaining the patient at home; or, if the patient needs short-term institutionalization, the services shall be furnished in cooperation with those contracted institutions or in the hospice inpatient facility. (F.S. § 400.601(6))

Palliative Care: Services or interventions which are not curative but are provided for the reduction or abatement of pain and human suffering. (F.S. § 400.601(7))

Hotel: A building or other structure used and maintained as primarily a place where sleeping and supplemental accommodations are supplied transient guests. Serving of alcoholic beverages is allowed where serving of such is an accessory use. In accordance with F.S. § 509.242(1)(a), a hotel provides sleeping room accommodations for 25 or more guests.

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Impervious Surface: Impervious surfaces shall include all land paved with concrete or asphalt that is used for off-street parking, driveways, sidewalks, patios, and service areas.

Improper Outdoor Storage: Improper outdoor storage means the excessive accumulation of material(s) or item(s) defined as litter, trash, junk, or debris that are stored or placed outside unless such outdoor storage is on properties specifically zoned or permitted to store, accumulate, or dispose of such items such as junk yards, automobile wrecking yards, metal salvage yards, or solid waste management facilities.

Incinerator, Accessory: Solid waste disposal facility, accessory to a permitted principal use or activity, authorized only to burn materials generated at the location of the permitted use or activity. Facility must meet all applicable State and Federal air quality emissions standards.

Incinerator, Commercial: Solid waste disposal facility authorized to burn non-hazardous materials generated on and transported from properties other than the location of the incinerator facility. Disposal activities are carried out on a large scale or for-profit basis. The burning of bio-hazardous waste and the disposal of radioactive material is not permitted. Facility must meet all applicable State and Federal air quality emissions standards.

Indoor Gun Range: An indoor (enclosed by walls and ceiling) target range for firearms practice or competition, which includes one or more firing lanes. The use may also include retail sales and gunsmithing services.

Industrial Uses: The activities within land areas predominantly connected with manufacturing, assembly, processing, or storage of products.

Heavy Industry: The processing, fabricating, preparing, extracting, assembling, packaging, cleaning, servicing, testing, repairing, storage or warehousing of raw materials, products or equipment in a manner which may involve significant air, water, noise, radiation or other adverse or hazardous impacts on surrounding properties. This term shall be deemed to include among other things, all developments of regional impact as that term is defined in F.S. § 380.06(1), fertilizer products processing plants, petroleum or asphalt refining, chemical processing of wood materials and other similar and potentially noxious activities as determined by the Hardee County Board of County Commissioners. This term shall not include any mining activity nor hospitals, health-related facilities and residential developments.

Light Industry: A use engaged in the manufacture, processing, fabrication, assembly, treatment, and/or packaging of finished products or parts, predominantly from previously prepared materials.

Inoperable Vehicle: A motor vehicle which does not have a current state license plate; or a vehicle which is licensed but is disassembled or wrecked in part or in whole and is unable to move under its own power.

Intensification of Use: An increase in capacity or number of units of a residential or commercial building.

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Junkyard: Included, but not limited to, wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or closed storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations. Storage of more than three inoperable vehicles constitutes a junkyard. [Note: An individual who is restoring, not for profit, a classic or antique vehicle, may have three inoperable vehicles, so long as they are of the same make and model of the vehicle being restored.]

~K~

Kennel: A facility for the overnight boarding of animals, where outside runs or pens are provided.

Kennel, Commercial: A building or premises where animals are boarded for compensation or are bred or raised on a commercial scale; does not include a veterinary facility, pet shop, humane society shelter, or animal shelter.

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Land Development Codes: Includes local zoning, subdivision, building, and other regulations controlling the development of land.

Land Excavation: The removal of sand, dirt or any other earthen material from one location to be used or sold for fill in another off-site location, resulting in an excavation pit which may also be known as a "borrow pit."

Landscape Irrigation Water Conservation Definitions:

Automatic Irrigation System: An irrigation system designed to operate following a preset program entered into an automatic controller.

Distribution Equipment: The water emitters on irrigation systems, including but not limited to sprinklers, rotors, spray heads and micro-irrigation devices.

Energy Star: Energy Star is the joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy, which certifies products and practices that protect the environment and lead to money saving through energy and water conservation.

Florida Water Star: A water conservation certification program for new and existing residential and commercial developments that meet specific water-efficiency criteria for indoor fixtures and appliances, landscape design and irrigation systems.

Florida Water Star Certifier: A person who verifies Florida Water Star ^SM program criteria in accordance with program documents. Certifiers demonstrate sufficient knowledge to verify appropriate subcategories, such as irrigation, landscape, and plumbing, and have passed the certifier exam and are current with their CEUs per the requirements of the Florida Water Star ^SM program. Certifiers are independent third parties who may inspect irrigation systems modified or installed by irrigation professionals.

Florida Water Star Irrigation and Landscape Accredited Professional: A landscape or irrigation professional who has successfully passed the Florida Water Star ^SM accredited professional exams for landscaping and irrigation and is currently in good standing with the program.

Head to Head Coverage: The spacing of sprinkler heads so that each sprinkler throws water to the adjacent sprinkler.

High Volume Irrigation: An irrigation system with a minimum flow rate per emitter of more than 30 gallons per hour ("GPH") or higher than 0.5 gallons per minute ("GPM"). High volume emitter flow rates are usually measured in GPM.

Irrigation Professional: Any person installing or maintaining an irrigation system in the City of Davenport for payment.

Irrigation System: A set of components that may include the water source, water distribution network, control components, and other general irrigation equipment which has been installed to provide irrigation.

Landscaped Area: The entire parcel less the building footprint, driveways, hardscapes such as decks and patios, and other non-planted areas. Water features are included in the calculation of the landscaped area. Landscaped area includes Florida-Friendly landscaped areas.

Licensed Irrigation Professional: An irrigation specialty contractor who obtains the irrigation specialty license from The Florida Construction Industry Licensing Board and maintains continuing education requirements.

Low Volume Irrigation: Any emitter or sprinkler that applies less than 30 GPH or 0.5 GPM.

Matched Precipitation: Irrigation in which all of the sprinklers in a particular zone apply similar amounts of water to a given area.

Micro-Irrigation: The frequent application of small quantities of water directly on or below the soil surface or plant root zone, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes. Micro-irrigation encompasses a number of methods or concepts, including drip, subsurface, bubbler and micro-spray irrigation, previously known as trickle irrigation. Micro-irrigation is typically a form of low volume irrigation.

Rotors: Sprinkler heads in lawn areas that provide water as they rotate through a set arc of operation.

Spray Heads: Irrigation heads that pop up with water pressure and provide a continuous spray pattern throughout a given arc of operation.

Substantial Modification: Any modification to existing irrigation systems such that 50% or more of the irrigation system (by area) is replaced or altered.

Temporary Establishment Irrigation: The temporary use of irrigation for the establishment of new vegetation that shall be removed once the plants are established or within two years, whichever occurs first.

WaterSense: A U.S. Environmental Protection Agency (EPA) program for the management of water supplies by working with manufacturers and retailers to establish efficient plumbing standards, guidelines, and certifications.

Land Surveyor: A person registered and currently licensed to practice land surveying in the State of Florida.

Level of Service (LOS): An indicator of the extent or degree of service provided by or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of Service shall indicate the capacity per unit of demand for each public facility. Level of Service, as it pertains to the Hardee County Comprehensive Plan is for Levels of Service for potable water, sanitary sewer, roads, and recreation.

Litter: See Garbage, Litter, Trash, and Yard Trash.

Livestock: Livestock means grazing animals, such as cattle, horses, sheep, swine, goats, other hoofed animals, ostriches, emus, and rheas which are raised for private use or commercial purposes. (F.S. § 585.01(13))

Living Area: The area measured within the outside foundation walls of the principal structure, including such areas as utility rooms, pantries and storage closets; excluding such areas as attic storage, garages, carports, breezeways, patios and porches (screened, roofed or otherwise).

Loading Space: An off-street space that is accessible to a street or alley and which is located on the same lot as the building, or contiguous to a group of buildings, for the temporary parking of a commercial motor vehicle while loading or unloading merchandise or materials.

Local Comprehensive Plan: Any or all local comprehensive plans or elements or portions thereof prepared, adopted, or amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, as amended. (F.S. § 380.031)

Local Planning Agency (LPA): Pursuant to Chapter 163, Florida Statutes, the LPA means the entity responsible for preparation of the Comprehensive Plan and amendments for approval by Hardee County and performance of other duties of a local planning agency as provided in Chapter 163, Florida Statutes, the Codes of the Hardee County.

Lot: A parcel of land under one property ownership occupied by or to be occupied by one principal building and its accessory buildings and including the open spaces and yards required under this Code.

Lot, Corner: A lot in the junction of and fronting on two or more intersecting streets. The applicable front setback requirement shall apply to both street frontages of a corner lot. If the two streets form an angle of more than 135 degrees, as measured at the point of intersection of their center lines, the lot shall not be considered a corner lot.

Lot Depth: Distance between the midpoints of the front and rear lot lines. On irregular lots for which there is no clear rear lot line, depth shall be measured as follows:

(A)

At a distance equal to 125% of the normal lot depth requirement for the applicable land use classification, draw a line parallel to the front setback line.

(B)

The length of this line, as measured from property boundaries on each end, must be at least 50% of the normal lot width requirement for the applicable land use classification.

Lot, Interior: Any lot that is not a corner lot.

Lot Line, Front: In cases where the lot fronts on only one street, the lot line adjacent to the street. For corner lots, the side meeting minimum width requirements; if width requirements are met on both frontages, the front lot line shall be the frontage which is most nearly perpendicular to the line along which the lot depth requirement is met. For through lots and corner lots meeting width and depth requirements on both frontages, the property owner may choose one as the front lot line for the purpose of placement of accessory structures.

Lot Line, Rear: Lot line opposite and most distant from the front lot line. For purposes of measuring depth of irregular lots, see definition of Lot Depth.

Lot Line, Side: All lot lines that are not rear or front lot lines.

Lot of Record: A lot that is duly recorded in the public records of Hardee County.

Lot, Through: Lot, other than a corner lot, having two road frontages. Through lots shall not be required to meet the applicable lot width requirement on both frontages. The owner of such a lot may choose the narrower end of the lot as the front for purposes of accessory structures.

Lot Width: The distance between side lot lines measured at the front setback line. In cases where side lot lines are not parallel because the lot fronts on a curved right-of-way, minimum width at road frontage shall be as follows:

(A)

Curved right-of-way: 75% of width requirement established by the applicable zoning district.

(B)

Subdivision cul-de-sac: 67% of width requirement established by the applicable zoning district.

Width at road frontage shall be measured along a straight line connecting the foremost points of side lot lines.

Lounge: Any establishment where the on-premises consumption of alcoholic beverages, but not including hard liquor, is permitted.

Lowest Adjacent Grade: The lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately nest to the structure.

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Manufacture: The process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, semifinished, or finished materials. (F.S. § 553.36(12))

Manufactured Building: "Manufactured building", "modular building," or "factory-built building" means a closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facilities for installation or erection as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures. The term includes buildings not intended for human habitation such as lawn storage buildings and storage sheds manufactured and assembled offsite by a manufacturer certified in conformance with this part. This part does not apply to mobile homes. (F.S. § 553.36(13))

Manufactured Home: A mobile home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard. (F.S. § 320.01(2)(b))

Market Value: The value agreed to between a willing buyer and a willing seller as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal, or one based on income approach), Actual Cash Value (replacement cost depreciated for age and quality of construction of building), or adjusted tax-assessed values.

Master Development Plan (MDP): A development plan for the PUD detailing all land uses, lot layouts, street locations and specification, recreation areas, non-residential areas, etc., to enable a thorough review of the proposed PUD.

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

Minimum Construction, Design, Quality, and Condition Standards - Used/Pre-Owned Manufactured and Mobile Homes Related Definitions:

Agent: A person or persons, with or without compensation, acting for or on behalf of another in the transaction of business.

Board: In cases involving the Appeals process, applicant, applicants, or Department may request a hearing for finding of fact or formal ruling before the Hardee County Board of County Commissioners.

Building Department: The Hardee County Building Department.

Good Proof: A certificate of Title as provided for in Chapter 319, Florida Statutes.

Mobile Home: As defined in F.S. § 320.01(2)(a).

Manufactured Home: As defined in F.S. § 320.01(2)(b).

Permits: Permitting as related to either rebuilding, installing, or occupying a mobile home or manufactured housing unit.

Used or Preowned: Any mobile home or manufactured housing unit that does not hold a new Certificate of Title or has been occupied for a period of 24 hours or more. A Certificate of Title assigned to a licensed mobile home or manufactured housing unit manufacturer, broker, dealer, or dealership "show models" offering full new factory warranty shall not be considered as used.

Mining: The act of taking mineral substances from a pit or excavation in the earth.

Mining Major Special Exception Use Permit: A Major Mining Special Exception is a permit for the review and consideration of Phosphate Mining and related industrial activities associated with the transportation and beneficiation of phosphate ore and mineral processing.

Mini-Warehouse: A self-service facility consisting of individual self-contained units used for storage and no other purpose, plus an office/residence for a manager. Storage may include the outside storage of RVs, boats, etc.

Mitigation: Any action, including but not limited to, restoration, enhancement, or creation of wetlands, required to be taken in order to offset environmental impacts on permitted activities.

Mobile Home: A residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and not originally sold as a recreational vehicle. A mobile home is any residential unit constructed to standards promulgated by the United States Department of Housing and Urban Development. (F.S. § 723.003(8) & F.S. § 553.36(14))

Mobile Home Park: A lot or parcel under single ownership or control designed and developed with necessary sanitary and utility facilities, as required by Hardee County ordinances and state regulatory agencies, for the purpose of offering lots or spaces for rent or lease, and which the primary use of the park is residential, intended to be used as temporary or permanent living facilities.

Mobile Home Subdivision: A subdivision of mobile homes where individual lots are owned by owners and where a portion of the subdivision or the amenities exclusively serving the subdivision are retained by the subdivision developer. (F.S. § 723.003(14))

Motel: A building or groups of buildings, whether detached or in connected units, used as sleeping accommodations designed primarily for transient automobile travelers. In accordance with F.S. § 509.242(1)(b), a motel has at least six rental units, an exit to the outside of each rental unit, off-street parking for each unit, and a central office on the property with specified hours of operation. The term "motel" includes buildings designated as auto courts, tourist courts, motor lodges, motor hotels and similar appellations.

Motor Home: See Recreation Vehicle.

Multiple Family Dwelling: A structure designed or used for residential occupancy by more than two families, with or without common or separate kitchen or dining facilities, including apartment houses, apartment hotels, rooming houses, boarding houses, fraternities, sororities, dormitories, row houses, townhouses and similar housing types, but not including hotels, hospitals or nursing homes.

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

Natural Drainage Features: The naturally occurring features of an area that accommodate the flow of stormwater, such as streams, rivers, lakes, and wetlands.

Natural Reservations: Areas designated for conservation purposes and operated by contractual agreement with or managed by a Federal, State, Regional or local government or nonprofit agency such as: national parks, state parks, lands purchased under the Save Our Coast, Conservation and Recreation Lands or Save Our Rivers programs, sanctuaries, preserves, monuments, archaeological sites, historic sites, wildlife management areas, national seashores, and Outstanding Florida Waters.

Natural Resources: Land, air, surface water, ground water, drinking water supplies, fish and their habitats, wildlife and their habitats, biota, and other such resources.

Nightclub: Means a commercial establishment dispensing alcoholic beverages for consumption on the premises and in which customer dancing may be permitted, and/or provides floor shows, paid entertainment or disc jockeys.

Non-conforming: A lot, use of land, building, use of buildings, or use of buildings and land in combination which lawfully existed prior to the enactment of these Codes, but which fails by reason of such enactment to conform to the regulations of the zoning district in which it is located.

Non-conforming, Lot: Any lot which does not meet the minimum dimensions, area, or other regulations of the zoning district in which it is located.

Non-conforming, Lot of Record: A lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Hardee County, or a parcel recorded by metes and bounds, which was in existence prior to the time of the adoption of these Codes and which fails to meet the requirements for area, width, and/or depth for any permitted use within the zoning district in which it is located.

Non-conforming, Structure: A structure which was lawfully established in compliance with all applicable ordinances and laws, but which because of the application of a subsequent zoning ordinance no longer conforms to the setback, height, maximum lot coverage, or other building development requirements.

Non-conforming, Use of Building or Structure: The use of any building or structure, other than a use specifically permitted in the district in which the lot or parcel of land is located, existing at the effective date of the ordinance from which this Code is derived, or the effective date of any amendment thereto.

Non-conforming, Use of Land: The use of any land, other than a use specifically permitted in the zoning district in which the lot or parcel of land is located, existing at the effective date of the ordinance from which this Code is derived, or the effective date of any amendment thereto.

Noxious Material: Material which can cause injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical, mental or economic well-being of individuals.

Nursing Home Facility: Any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment that regularly provides such services.

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Open Space: Undeveloped lands suitable for passive recreation or conservation uses.

Overland Flow Area: A system designed to spray very clean water (effluent) from sewage treatment plants over vacant fields in sheets. The water percolates slowly into the ground and is purified before reaching the aquifer.

Owner's Agent: A person, firm or entity authorized in writing by the owner to act for or in place of the owner.

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Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit (F.S. § 380.031).

Park: A pleasure-ground set apart for recreation of the public to promote health and enjoyment.

Parking Lot: An area or plot of ground used for the storage or parking of motor vehicles either for compensation or to provide an accessory service to a business.

Parking Space: An enclosed or unenclosed covered or open area where space is permanently reserved for the parking of a motor vehicle and where such space is connected to a street or alley by a surfaced driveway that affords satisfactory ingress and egress for automobiles.

Performance or Surety Bonds: Written agreements made between the developer and the County for 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.

Person: Any individual, group of individuals, firm, corporation, association, organization, or any legal entity.

Personal Services: Those business establishments customarily providing services rather than goods to individuals. Such uses include: barber shops and beauty salons (including tanning and nails), seamstress/tailors/shoe repair/daytime spas, dry cleaning and laundry dropoff point, fitness and weight loss centers, learning centers, tattoo shops, and other similar, compatible, or ancillary services.

Place of Worship: A church, ecclesiastical or denominational organization, or established physical place for worship at which nonprofit religious services and activities are regularly conducted and carried on and includes those bona fide religious groups that do not maintain specific places of worship. (F.S. § 496.404(23))

Planned Unit Development (PUD): A type of development and the regulatory process that permits a developer to meet overall community density and land use goals without being bound by existing zoning requirements. A PUD is planned and built as a unit thus fixing the type and location of uses and buildings over the entire project.

Plat: A map or drawing depicting the division of land into lots, blocks parcels, tracts, sited, or other divisions set forth in Chapter 177, Florida Statutes.

Playground: A recreation area with play apparatus.

Pollutant: Any substance, contaminant, noise, or man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

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

Nonpoint Source Pollution: Any source of water pollution that is not a point source.

Point Source Pollution: Any source of water pollution that constitutes a discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Porch, Enclosed and Open: An enclosed porch is a roofed space attached to the outside of the outer wall of the building, on one or more sides, which has railings or screened enclosures. An open or unenclosed porch is a roofed space attached to an outer wall of a building open on one or more sides without railing, glass, canvas, screen, or similar materials on the open sides.

Potable Water: Water suitable for human consumption and which meets water quality standards determined by the Department of Health and Rehabilitative Services, provided through a public system or by a private well.

Potable Water Facilities: A system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains.

Potable Water Wellfield Protection Zone: In accordance with Policy 3.2 of the Conservation Element of the Hardee County Comprehensive Plan, the protection zone is defined as the area within a 400-foot radius of the location of the wellhead. Within a 200-foot radius of the wellhead is a zone of exclusion, in which no new land uses may be established.

Poultry Farm: A parcel of land used to raise more than 50 adult birds for commercial sale or distribution, primarily for meat and eggs but also for feathers.

Professional Offices: Those uses that include, but are not limited to, dental, medical, photography, legal, architecture, real estate, insurance, accounting, finance, trade organizations, cooperatives, travel agency, government; where the principal use is that of providing such service but not primarily of a retail point of delivery.

Project Area: The area within the total land area of a proposed development (Residential, Mixed-Use or Non-Residential), which is or will be served by a surface water management system (on-site or off-site), access to public roadways and including any private roadways or frontage/service roads (on-site or off-site) that provide access to the proposed development.

Property Owner: Any owner of fee title to the land in question. Also, see Developer.

Public Buildings and Grounds: Structures or lands that are owned, leased, or operated by a government entity, such as civic and community centers, hospitals, libraries, police stations, fire stations, and government administration buildings.

Public Facilities: Transportation systems or facilities, sewer systems or facilities, solid waste systems or facilities, drainage systems or facilities, potable water systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public health systems or facilities. Individual private potable water wells or septic systems are not public facilities.

Public Hurricane Shelter: A structure designated by local emergency management officials and the American Red Cross as a shelter during a hurricane.

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 time, place, and purpose of such hearing according to the requirements of Chapter 166.041 and/or Chapter 163, Florida Statutes, governing the particular action to be considered.

Public Safety and Nuisance: Anything which is injurious to safety and health of the entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Public Shelter Space: An area within a public hurricane shelter that can accommodate a temporary refugee during a storm or hurricane. Generally, public shelter space is measured as a minimum of 20 square feet per person.

Public Supply Potable Water Wellfield: A potable water wellfield that serves a public supply water system.

Public Supply Sanitary Sewer Facilities: Sanitary sewer facilities that serve at least 15 service connections, or regularly serve at least 25 residents. Generally, a multi-user septic tank is not a public sanitary sewer Facility.

Public Supply Water System: A potable water Facility that serves at least 15 service connections, or regularly serves at least 25 residents.

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Radioactive Waste: As defined by the Nuclear Regulatory Commission.

Ranch: A farm or pastureland consisting of a large tract of land along with facilities needed to raise livestock (especially cattle).

Ranch Operations: The act of maintaining livestock, ranch lands and infrastructure.

Recirculating Farms (Hydroponics, Aquaculture, and/or Aquaponics): A recirculating farm uses clean recycled water as a basis to grow food. These farms can grow plants (hydroponics), fish (aquaculture), or both plants and fish together (aquaponics).

Recreation: The pursuit of leisure time activities occurring in an indoor or outdoor setting.

Recreational Resort: A significant tourist-attracting hospitality industry that. accommodates recreational vehicles, tents, and cabins in a campground setting which may be located to chance the enjoyment of leisure time activities on a temporary basis.

Recreation Facility: A component of a recreation site used such as a trail, tennis court, basketball court, athletic field, golf course or swimming pool.

Recreation Uses, Indoor Commercial: This category consists of commercial uses that share land use characteristics such as traffic-generation rates and bulk (buildings) requirements. These uses include but are not limited to, bowling alleys, dance studios, schools for martial arts, physical fitness centers, private clubs or lodges, movie theatre, theatres and auditoriums, and indoor skating rinks.

Recreation Uses, Indoor Public: Indoor public recreation uses include areas for recreation activities including, but not limited to, aquariums, day or youth camps, community or recreation centers, gymnasiums, libraries or museums, indoor skating rinks, indoor swimming pools, indoor tennis, racquetball, handball courts, and all other institutional, indoor recreation.

Recreation Uses, Outdoor Commercial: This group includes commercial recreation uses that are greater nuisances than conventional outdoor recreation activities because of their size and scale, traffic volumes, noise, lights, or physical hazards such as flying objects or use of weapons. These uses include, but are not limited to, amusement parks, drive-in theaters, fairgrounds, commercial stables, golf driving ranges (including miniature golf), marinas, outdoor theaters (or amphitheaters), race tracks (e.g., auto, dog, go-kart, harness, horse, motorcycle), ranges (skeet, rifle, or archery), sport arenas, and all other outdoor commercial recreation uses.

Recreation Uses, Outdoor Public: Outdoor Public recreation uses include areas for recreation activities including, but not limited to, arboretums, basketball courts, boat launching ramps, areas for cycling, docks, fish camps, hiking, and jogging, outdoor nature areas, parks (public or private), picnic areas, piers, playfields, playgrounds, outdoor swimming pools and springs, tennis courts, tot-lots, wildlife sanctuaries, and all other outdoor recreation uses. Specifically excluded are outdoor movie theaters, firing ranges, miniature golf courses, golf driving ranges, and marinas.

Recreation Vehicle (RV): A unit primarily designed as temporary living quarters for recreation, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities of recreation vehicles are: travel trailer, fifth-wheel travel trailer, camping trailer, truck camper, motor home, private motor coach, van conversion, and park model RV/park trailer.

Recreation Vehicle Campgrounds: A development designed specifically to accommodate recreation vehicles for overnight or limited vacation-season stays. See Recreational Vehicle Parks.

Recreation Vehicle Parks: A place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more recreational vehicles or tents; and the term also includes buildings and sites set aside for group camping and similar recreational facilities. For the purposes of this definition, the terms "campground," "camping resort," "RV resort," "travel resort," and "travel park," or any variations of these terms, are synonymous with the term "recreational vehicle park." (F.S. § 513.01(11))

Recreation Vehicle Unit: (F.S. § 320.01(1)(b)). Those units primarily designed as temporary living quarters for recreation, camping or travel use, that either have their own mode of power or are mounted on or drawn by another vehicle. They are:

(A)

"Travel trailer": 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 recreation, camping, or travel use. It is of a body width not more than 8 ½ feet and an overall body length of no more than 40 feet when factory equipped.

(B)

"Camping trailer": 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 recreation, camping or travel use.

(C)

"Truck camper": 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 recreation, camping, or travel use.

(D)

"Motor home": A vehicular unit built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreation, camping or travel use.

(E)

"Park Model Recreation Vehicle" RV (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. 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 s.f. when constructed to U.S. 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.

Unit or Unit Area: Any section or plot of ground upon which is erected any recreational vehicle, travel trailer, cabin, or tent.

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

Remedy a Deficiency or Violation: To bring the regulation, procedure, structure, or other development into compliance with State of Florida, Federal or county floodplain management regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways the impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this code or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

Residence: A single-family dwelling or dwelling unit in a multiple family dwelling, which contains sleeping, bathroom, food refrigeration, cooking, and dining facilities.

Residential Building: A building used for residential use, containing a dwelling unit, or dwelling units.

Residential Support Uses: The use of land, buildings, or structures for uses specifically permitted in the applicable zoning district, which include but are not limited to child care centers, schools, religious institutions, and cultural facilities.

Residential Uses: Activities within land areas used predominantly for housing.

Restaurant: Any establishment where food is served or prepared or both, for public consumption on or off the premises.

Drive-In/Drive-Thru/Take-Out Restaurant: A business establishment where food or drink is served to patrons in automobiles, or which have drive-thru or take-out services with or without minimal table service, or which provide outside tables for use by patrons.

Established Business: Any restaurant or food service business in which customers are seated, served food and beverage, and which otherwise would qualify for the issuance of a beer license, wine license and/or liquor license pursuant to State Statute, that is in existence at the effective date of this ordinance.

Retail Sales: Any legal use of land or building that offers goods or services for retail sale or rental to the public or any sector of the public. Such uses shall include but are not limited to new and used cars, truck, tractor, or farm equipment display for any retail sale; mobile home display and sale, small bakeries where the products produced are primarily sold on the premises; food and drink establishments for both conventional and drive-in or delivery sales and services; repair of any goods or machinery and; any combination of permitted uses.

Rezoning: The act of, or request for, changing or redesignation of the zoning of a particular lot, parcel, or tract of land.

Right-of-Way: Land in which the State, a County, or a Municipality owns the fee simple title or has an easement dedicated or required and is intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for similar special use.

Riverine: Relating to, formed by or resembling a river (including tributaries), streams, brook, etc.

Road: A general term used to describe a facility that provides for vehicular.

Roadway: The portion of the right-of-way that contains the road pavement, curb and gutter, and shoulders.

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, and collector roads, which may be subcategorized into principal, major or minor levels. Those levels may be further grouped into urban and rural categories.

Arterials: Arterial roads and highways are intended to serve moderate to large traffic volumes traveling relatively long distances. Requirements for speed and level of service are usually quite high. Access to arterial roads should be well controlled and, in general, limited to collector roads and highways. Arterial roads are used to surround neighborhoods and connect widely separated rural and suburban communities. The arterial system should form a continuous network designed for a free flow of through traffic. Every United States numbered highway is an arterial road.

Collectors: Collector roads are intended to serve as the connecting link for local roads and highways and to provide intra-neighborhood transportation. Collector roads collect and distribute traffic between local roads or arterial roads. The traffic characteristics generally consist of moderate to relatively short trip lengths and moderate speeds and volumes. Access to collector roads should be restricted to local roads and highways and major traffic generators. Collectors should penetrate neighborhoods without forming a continuous network, thus discouraging through traffic which is better served by arterials.

Locals: The primary function of a local road is to serve the adjacent property by providing the initial access to the highway network. These facilities are characterized by low traffic volumes, short trip lengths, low speeds, and high volume land access for abutting property. The design of the network should be directed toward eliminating through traffic from these facilities.

Rooming House: A residential building used, or intended to be used, as a place where sleeping or housekeeping accommodations are furnished or provided for pay to transient or permanent guests or tenants in which less than 10 and more than three rooms are used for the accommodation of such guests or tenants, but which does not maintain a public dining room or cafe in the same building, nor in any building connected therewith.

Row House: See Single-Family Attached Dwelling Unit.

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Seamstress/Tailor: A person whose occupation is making or altering outer garments.

Sales/Repair of Heavy Equipment: Establishment primarily engaged in the retail sale, leasing and service of new or used heavy machinery or equipment. Heavy machinery or equipment includes, but is not limited to, earth movers, cranes and similar-size vehicles, machinery, and equipment.

Sanitary Landfill: a) "Class I solid waste disposal area" means a disposal facility which receives an average of 20 tons or more per day, if scales are available, or 50 cubic yards or more per day of solid waste, as measured in place after covering, and which receives an initial cover daily; b) "Class II solid waste disposal area" means a disposal Facility which receives an average of less than 50 cubic yards per day of solid waste, as measured in place after covering, and which receives an initial cover at least once every four days.

Sanitary Sewer Facilities: Structures or systems designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants and disposal systems.

School: A place for systematic instruction in any recognized branch or branches of knowledge.

Private School: A school that is not a public school and which is held, used, or controlled exclusively by a private organization association or other private entity and is operated on a profit-making basis or collects fees or dues in payment for use of such school.

Public School: A school giving regular instructions, with a recognized general curriculum on an elementary, secondary, or higher academic level at least five days a week, except holidays, for a normal school year of not less than seven months, which school is held, used or controlled exclusively for public purposes by a department or branch of government without reference to the ownership of the building or structure or the realty upon which it is situated. This term shall not be deemed to include day care centers unless such centers are conducted as part of the school of general education but shall include vocational schools or other special education facilities if such facilities are held, used or controlled exclusively for public purposes as described above.

Shoe Repair: The repairing of shoes.

Silviculture: The branch of forestry dealing with the development and care of forests and forest products.

Seasonal Population: Part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population shall include tourists, migrant farmworkers, and other short-term and long-term visitors.

Septic Tank: A watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system. (Chapter 10D-6 F.A.C.)

Service Garage: See Automotive Repair, Major.

Service Station: Includes activities listed under "Gasoline Sales (No Service)", plus: activities conducted at a service garage including the sale of any motor fuels, oils, or automotive accessories and maintenance or small-scale mechanical work on motor vehicles. This shall include inspection, maintenance, repair or replacement of the following: brake systems; ignition and electrical systems; carburetors and fuel systems; batteries; oil, antifreeze and other fluids; and tires. Also included are auto washing and detailing, and the tuning and adjustment, but not disassembly or removal, of engines and transmissions.

Setback: The required minimum horizontal distance between the front, rear, or side property lines and the front, rear, or side lines of a principal or accessory building or structure, as measured from any vertical wall or support of said building or structure. For corner lots, regardless of the standard side setback requirement of the applicable zoning district, the side street setback shall be equal to the front setback requirement of the adjacent interior lot.

Sewage Disposal Facility: Facility or property used in conjunction with a wastewater treatment plant for the disposal and/or purification of treated sewage effluent including, but not limited to, spraying, overland flow and artificial wetlands, including a private package treatment plant.

Shallow Flooding: See Area of Shallow Flooding under definition of Flood or Flooding.

Shopping Center: A group of not less than five contiguous retail stores, originally planned and developed as a single unit, having a total ground floor building area of not less than 20,000 square feet, with immediate adjoining off-street parking facilities for not less than 100 automobiles.

Sign and Sign Related Definitions:

Sign: Any letters, numbers, symbols, graphic, pictures, or figures or combination thereof which are erected, constructed, placed, painted, tethered or attached to a structure or the ground, which identify, advertise, communicate, or direct attention to a product, business, institution, place, person or event. When not modified by the term "structure" or "face", the term "sign" shall include all parts of the sign and its supporting structure.

A-Frame Sign: A temporary double-faced sign attached at the top and with the bottom spread apart to form a stable base (also known as a Sandwich Board Sign). See Sandwich Board Sign for example.

Abandoned Sign: A sign shall be considered abandoned when the business activity or firm, which such sign advertises, is no longer in operation for a period of at least 90 days or does not have a current occupational license from the County. In the alternative, a sign which is non-commercial in nature and its purpose has elapsed or expired in the preceding 60 days.

Aggregate Sign Area: The total calculated sign area.

Awning: Any structure made of cloth or metal, which is supported by an open metal framework, and which is temporarily or permanently attached to, and extends from, an exterior wall or any other exterior portion of a building.

Backlit Sign: A sign where the light source is typically placed behind, and faces towards, the sign graphic.

Example Backlit Sign

Banner: Any temporary strip of cloth, plastic or other flexible, lightweight, material on which a sign is printed, painted, or otherwise displayed and which is intended to be hung or mounted to a structure by cord, rope, cable, or similar method. "Banner" does not include blade signs or flags.

Example Banner

Billboard: A permanently constructed freestanding sign, which is used for the display of off-premises messages, and which is not otherwise exempted or prohibited by the Sign Regulations.

Blade Sign (aka feather sign, teardrop sign): A temporary sign that is constructed of cloth, canvas, plastic fabric or similar lightweight, non-rigid material and that is supported by a single vertical pole mounted into the ground or on a temporary, readily movable, structure.

Example Blade Signs

Building Sign: A permanent on-premises sign displayed upon or attached to any part of the exterior of a building.

Example Building Signs

Canopy Sign: A permanent sign attached to any roof-like structure that is open on at least three sides, utilized as protection from the rain or sun, such as over gasoline pumps. Canopy signs may be located on any side of the canopy.

Example Canopy Sign

Changeable Copy Sign, Manual: Any sign with copy that can be manually changed, rearranged, or altered without changing the face of the sign.

Example Changeable Copy Sign, Manual

Cladding: A covering or enclosure designed to conceal the actual poles and/or other structural supports of a sign.

Example Exposed Pole Support   Example Concealed Pole Support Using Cladding

Directional Sign: Any sign whose sole purpose is to provide direction for pedestrian and vehicular traffic. A directional sign may be a permanent sign or a temporary sign.

Display Board: A permanent sign, flush-mounted to the exterior wall of a building, which displays information to public view.

Double-Faced Sign: A sign with back-to-back faces provided the faces are joined on the same support.

Electronic Message Center Sign: A variable-message sign that changes at regular intervals via a computer-controlled interface or some other electronic means of changing copy. An Electronic Message Center Sign may be a permanent sign or a temporary sign.

Fascia Sign: A permanent building mounted sign. (The example fascia signs, as shown below, are located on roof like structures; however, these are not roof signs.)

Example Fascia Signs

Flag: A usually rectangular piece of fabric that is used as a symbol or emblem and which is attached to a flagpole by being tethered along one side.

Flagpole: A freestanding or temporary ground mounted structure, or a structure mounted to a building or wall and used for the sole purpose of displaying a flag.

Freestanding Sign: A permanent sign that is supported by one or more columns, uprights, or braces, and set firmly in or upon the ground surface, not attached to or forming part of any building or other structure. Freestanding signs include ground, monument, and pole signs.

Freestanding, Wide-Base Sign: Any permanent, freestanding sign in which the uprights or braces are clad in a permanent material such that the entire base has a monolithic or columnar line that maintains essentially the same contour. Wide-base signs shall be allowed where ground, monument, and pole signs are allowed.

Example Wide-Base Sign

Front Foot of the Building Frontage: Each foot or major portion thereof, measured along the main entry side of a building.

Front Foot of the Parcel or Premises: Each foot or major portion thereof, measured along the public right-of-way where the subject property abuts said right-of-way.

Grade Elevation: The final elevation of the ground surface after development, excluding berms or landscape treatments specifically designed to raise the height of the sign.

Ground Sign: A freestanding sign permanently attached to or supported by the ground by two or more support posts at the outside edge, not attached to any structure.

Example Ground Sign

Height of Sign: The vertical distance measured between the top of a sign structure and the finished grade elevation, or the average elevation of the abutting roadway, nearest the base of the sign to the highest point on the sign.

Inflatable Sign: A sign consisting of a flexible, non-porous material, which is inflated or shaped from inserted air or other gas. Inflatable displays include air or gas blown devices. This definition shall not include individual latex balloons less than 18 inches in size.

Illuminated Sign: A sign that uses artificial light, either internal or external to the sign faces, to draw attention to the sign or otherwise increase its visibility.

Marquee Sign: A permanent sign attached to a structure projected from and supported by a building, which extends beyond the building line and usually fully or partially covers a sidewalk, porch, public entrance or other pedestrian way. See Building Sign definition for example illustration.

Monument Sign: A permanent, freestanding sign, with a solid base, designed with a continuous structural element of approximately the same dimension from the ground to the top of the sign.

Example Monument Sign

Neon Sign: A sign with tubing that is internally illuminated by neon or other electrically charged gas.

Nonconforming Sign: A sign legally erected or installed in the County before the adoption of the Sign Regulations, which was in compliance with all of the provisions of the County then in effect, but which does not presently conform to the requirements of the Sign Regulations.

Off-Premises Sign: A sign relating to an activity or place that is not on the same premises on which the sign is located. A sign bearing a non-commercial message is deemed to be on-premises.

On-Premises Sign: Any sign relating to an activity or place on the same premises on which the sign is located.

Parasite Sign: Any sign not exempted by the Sign Regulations, for which no permit has been issued, and which is attached to another sign.

Example Parasite Signs

Permanent Sign: A sign designed and constructed to be attached to a building or structure, or to the ground, in a manner that precludes ready removal or movement of the sign, and whose intended use appears to be indefinite.

Pole Sign: A permanent, freestanding sign, other than a ground or monument sign, which is mounted on a freestanding pole, or poles, embedded in the ground.

Example Freestanding Pole Signs

Portable Message Center Sign: Any sign which is designed to be transported by a vehicle, trailer, or on its own wheels, including any such electronic, digital, or manual changeable copy sign where the wheels may be removed and the remaining chassis or support structure may be attached temporarily to the ground. This definition shall not include banner signs, blade signs, yard signs, and sidewalk signs as provided in the Sign Regulations.

Example Portable Message Center Signs

Public Purpose Sign: Regulatory signs and any notice or warning signs required by Local, State, or Federal Government law, ordinance, regulation, or resolution.

Roof Sign: A permanent sign painted on or affixed to the roof of a building and primarily supported by that roof structure.

Example Roof Signs

Sandwich Board: An unsecured double or single faced temporary sign, most often forming the cross-sectional shape of the letter "A" when viewed from the side, and which may be readily moved from place to place (also known as an A-Frame Sign).

Example A-Frame/Sandwich Board Sign

Setbacks for Signs: The setbacks for signs specified in this Chapter shall be measured horizontally from the vertical place of the property line or right-of-way line to the closest point of the sign.

Sign Area: The area of any geometric figures which contains the entire sign face upon which copy may be placed.

Sign Copy: The letters, numerals, figures, symbols, logos, and graphic elements comprising the content or message of a sign exclusive of the street name and numerals identifying a street address.

Sign Face: The surface upon, against, or through which the sign copy is displayed or illustrated.

Sign Structure: The uprights, supports, braces and framework supporting a sign.

Snipe Sign: Any sign of any size, made of any material, including paper, cardboard, wood and metal, when such sign is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, fences or other objects.

Example Snipe Sign

Tablet Sign: A permanent sign located on a building which is cut into any masonry surface, or when constructed of bronze or other durable material and attached to the surface of a building.

Temporary Sign: Any sign designed, constructed, and intended to be used on a limited-term basis, and which is not permanently installed. A permanent sign with periodic changes to the message shall not be considered a temporary sign. This definition shall include, but is not limited to, such signs as banner signs, blade signs, yard signs, portable message center signs, and sandwich board signs. "Temporary Sign" does not include vehicular signs.

Example Temporary Yard Signs   Example A-Frame/Sandwich Board Sign

V-Style Sign: A sign having two sign faces where the width between the faces does not exceed more than four feet apart when measured at the widest point, and erected back-to-back at an approximate 45° angle to form a "V".

Vehicular Sign: Vehicular sign means a sign attached or affixed to a parked vehicle or trailer in such a manner that the sign is not incidental to the vehicle, but is the primary use of that vehicle, providing a base for such sign, or constituting the sign itself. This definition shall not include the use of business logos, identification, or advertising on vehicles primarily and actively used for transportation.

Wall Sign: Any sign affixed to an exterior wall of a building.

Single-Family Attached Dwelling Unit: Residential dwelling unit designed and constructed to meet Florida Building Code requirements for single-family attached structures, sharing a common side wall with at least one other unit, and having a designated yard and entrance that are not shared with other units. Such units shall be built only on property that is platted according to applicable subdivision regulations. This definition includes cluster development, garden homes, townhomes, rowhouses, zero lot line homes and z-lot development.

Site: The location of a significant event, activity, building, structure, or archaeological resource.

Site Development Plan: A plan, drawn to scale by a licensed professional engineer, showing uses, structures and all other physical features proposed for a development site. It includes lot lines, streets, building sites, parking spaces, walkways, reserved open spaces, easements, buildings, and major natural and man-made landscape features, and other pertinent information, per Article 9 of this Code.

Site Plan Review: The process whereby local officials review the site plans and maps of a developer to assure that they meet the stated purposes and standards of land development regulations, provide for the necessary public facilities, and protect and preserve topographical features and adjacent properties through appropriate siting of structures and landscaping.

Solar Power Generation Facility Related Definitions:

Customer-Owned Renewable Generation System: An electric generating system located at a customer's premises that uses one or more of the following fuels or energy sources; hydrogen, biomass, solar energy, geothermal energy, wind energy, ocean energy, waste heat, or hydroelectric power as defined in F.S. § 377.803, and is primarily intended to offset part or all of the Customer's current electrical requirements. The system is considered to be either Tier 1 or Tier 2 based on its rated alternating current (AC) power output. A Tier 1 system is rated at no more than 10 kilowatts (10 kW) alternating current (AC) power output and a Tier 2 system is rated at more than 10 kilowatts (10kW) but not greater than 100 kilowatts (100 kW) alternating current (AC) power output. Utility-owned Renewable Generation System: Any municipal or investor-owned electric utility generation system that uses a Photovoltaic System as its fuel source and is designed to supply less than 75 megawatts of regulated power into the electrical grid, as defined in F.S. §§ 403.501 - 518.

Electrical Power Plant: An electrical power generating facility using any process or fuel including the associated facilities and those directly associated transmission lines required to connect the electrical power plant to an existing transmission network or rights-of-way. This term does not include any solar power generation facility of less than 75 megawatts in capacity.

Photovoltaic (PV) Systems: Solar technology systems that use photovoltaic cell technology to harness radiant energy from the sun and create electricity. These cells are often packaged into panels that can be placed on rooftops or mounted on the ground. The cells can also be incorporated into other building materials such as roofing materials, facades, and even glass; an arrangement that is commonly known as "building-integrated PV."

Solar Energy System: The equipment used for collecting, transferring, converting, storing, and/or using solar energy for the generation of electricity. Devices could include solar panels, films, shingles, or other solar components. The equipment could be used for water heating, space heating, cooling, or other applications that normally require an energy source and are located on the same property on which the solar energy is collected. A solar energy system may be mounted on the building or on the ground, and as deemed in these regulations, is not the principal use of the property but is an accessory to a private use.

Solar Panel: A device comprised of solar cells, also known as photovoltaic devices, which convert sunlight into electricity.

Solar Power Generation Facility: A type of electrical power generation facility which utilizes a collection of ground mounted solar panels to produce electricity for off-site use. These facilities are a principal use of a property and include directly associated transmission lines required to connect the solar power generation facility to an existing transmission network or rights-of-way. A solar power generation facility can also be known as a solar power plant, solar farm, or solar generation station.

Solid Waste: Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

Solid Waste Facilities: Structures or systems designed for the collection, processing, or disposal of solid wastes, including hazardous wastes, and includes transfer stations, processing plants, recycling plants, and disposal systems.

Solid Waste Processing Plant: A facility for incineration, resource recovery, or recycling of solid waste prior to its final disposal.

Solid Waste Transfer Station: A facility for temporary collection of solid waste prior to transport to a processing plant or to final disposal.

Special Exception: A Special Exception is a permit for a use or structure that is not allowed as a matter of right, but may be permitted, if certain standards defined in the Code are met. A Special Exception use is one that may be appropriate in certain site locations but not in all locations; thus, review is made on a case-by-case basis to ensure the surrounding area and wider community are not adversely affected by the use.

Special Flood Hazard Area: See definition of Flood or Flooding.

Special Needs Housing: Facilities that provide 24-hour care, services, and housing in an institutional or residential setting for adults and/or children with conditions, disabilities or circumstances that qualify them for short or long-term housing and care. Such facilities include, but are not limited to: Adult Family-Care Home, Assisted Living Facility, Family Foster Home, Foster Care Facility, Group Home Facility, Hospice Residential Unit, Nursing Home Facility, and other similar facilities and homes; all of which are defined elsewhere in this Article.

Standard Housing: Dwelling units that meet the Federal Minimum Housing Quality Standards as established for the HUD Section 8 Program.

Stormwater: The flow of water that results from a rainfall event.

Street: A public accessway 20 feet or more in width dedicated or otherwise having legal sanction for unlimited public use, includes the terms road, avenue, lane, boulevard, thoroughfare, highway, place, way, drive, and terrace.

Structure: Anything constructed or installed that is rigidly and permanently attached to the ground or to another object that is rigidly and permanently attached to the ground. This shall include but not be limited to supporting walls, signs, screened or unscreened enclosures covered by a permanent roof, swimming pools, poles, and pipelines; walled and roofed buildings, including gas or liquid storage tanks that are principally above ground, as well as a manufactured home.

Subdivision and Subdivision Related Definitions:

Concept Plan: A plan which describes generally, in narrative and with maps and/or drawings, the layout and vision of a project and its goals and objectives.

Minor Subdivision: Any division of a lot, parcel, or tract of land not involving the construction of new roadway or drainage facilities, wetland or flood plain impact or mitigation, or reconstruction of these facilities.

Subdivision: The division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided. F.S. § 177.031(18).

Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

Substantial Improvement: Any repair, reconstruction, alteration or improvement to a structure, the cost of which equals or exceeds 50% of the market value of the structure, either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions.

Substantially Improved Existing Mobile/Manufactured Home Parks or Subdivisions: Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Support Documents: Any surveys, studies, inventory maps, data, inventories, listings, or analyses used as bases for or in developing the local Comprehensive Plan.

Surety or Performance Bonds: See Performance or Surety Bonds.

Swimming Pool: Any structure, located in a residential area, that is intended for swimming or recreational bathing and contains water over 24 inches deep, including, but not limited to, in-ground, aboveground, and on-ground swimming pools; hot tubs; and nonportable spas. This definition does not include public swimming pools. (F.S. § 515.25(11))

Swimming Pool, Public: A watertight structure of concrete, masonry, or other approved materials which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a filtered and disinfected water supply, together with buildings, appurtenances, and equipment used in connection therewith. A public swimming pool or public pool shall mean a conventional pool, spa-type pool, wading pool, special purpose pool, or water recreation attraction, to which admission may be gained with or without payment of a fee and includes, but is not limited to, pools operated by or serving camps, churches, cities, counties, day care centers, group home facilities for eight or more clients, health spas, institutions, parks, state agencies, schools, subdivisions, or the cooperative living-type projects of five or more living units, such as apartments, boardinghouses, hotels, mobile home parks, motels, recreational vehicle parks, and townhouses. (F.S. § 514.011(2))

~T~

25-Year Frequency, 24-Hour Duration Storm Event: A storm event and associated rainfall during a continuous 24-hour period that may be expected to occur once every 25 years. Its associated floodplain is that land which may be expected to be flooded during the storm event.

Temporary Special Use Permit: A use that may be allowed in a residential district temporarily. The Board of county Commissioners has authority to issue the permit. The County Manager or their designee has authority to renew the permit.

Townhouse: A design term, referring to the physical form of more than two single-family attached homes, each with its own ground-floor entry. Also, see Single-Family Attached Dwelling Unit.

Trash: See Garbage, Litter, Trash, and Yard Trash.

Travel Trailer: See Recreation Vehicle.

Truck: Any motor vehicle with a net vehicle weight of 5,000 pounds or less and which is designed or used principally for the carriage of goods and includes a motor vehicle to which has been added a cabinet box, a platform, a rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers. (F.S. § 320.01(9)). For trucks over 5,000 pounds, See Truck, Heavy. For other related definitions, see Semitrailer, Truck Tractor, Commercial Motor Vehicle.

Semitrailer: Any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle. (F.S. § 320.01(5))

Trailer: Any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle (F.S. § 320.01(4))

Truck, Heavy: Any motor vehicle with a net vehicle weight of more than 5,000 pounds, which is registered on the basis of gross vehicle weight in accordance with F.S. § 320.08(4), and which is designed or used for the carriage of goods or designed or equipped with a connecting device for the purpose of drawing a trailer that is attached or coupled thereto by means of such connecting device and includes any such motor vehicle to which has been added a cabinet box, a platform, a rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers. (F.S. § 320.01(10))

Truck Tractor: A motor vehicle which has four or more wheels and is designed and equipped with a fifth wheel for the primary purpose of drawing a semitrailer that is attached or coupled thereto by means of such fifth wheel and which has no provision for carrying loads independently. (F.S. § 320.01(11))

Truck Camper: See Recreation Vehicle.

Truck Farm: Land established for the raising of ground, bush and vine fruits and vegetables, including but not limited to, cucumbers, tomatoes, peppers, watermelons, cantaloupes, blueberries, and similar produce.

Truck Farm Operations: The act of preparing the land for planting, cultivating, and harvesting produce from truck farms.

~U~

Unique Natural Habitats: "Habitat" means the environment in which an animal normally lives and in which it meets its basic need for food, water, cover, breeding space, and group territory. "Unique" means the occurrence is rare or infrequent or is of special social/cultural, economic, educational, aesthetic, or scientific value. Areas where endangered, threatened, or rare species, or remnant native plant species, occur.

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

Urban Sprawl: A development pattern characterized by low density, automobile-dependent development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses. (F.S. § 163.3164)

~V~

Variance: A modification of this Code when such variance will not be contrary to the public interest, and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Code would result in unnecessary and undue hardship. A variance is authorized only for height, area, size of structure or size of yards and open spaces, or other dimensional requirements. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall the variance be granted because of the presence of nonconformities in the zoning district or classification or in the adjoining zoning districts or classifications.

Vegetative Communities: Ecological communities, such as coastal strands, oak hammocks, and cypress swamps, which are classified based on the presence of certain soils, vegetation, and animals.

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

Veterinary Clinic: Facility for the treatment of animals where all animals are kept within a completely enclosed structure. No outside runs or pens are allowed. When in conjunction with a kennel, the regulations for kennels shall apply.

~W~

Wastewater Residuals and Domestic Septage Related Definitions:

Chemical/Portable Toilet Sludge: All solid or liquid wastes containing human feces, or residuals of such, that have been pumped from chemical or portable toilets.

Domestic Septage: A mixture of sludge, fatty materials, human feces, and wastewater removed during the pumping of an onsite sewage treatment and disposal system. This term does not include: food service sludges, industrial sludges, water treatment sludges, air treatment sludges, chemical/portable toilet sludges, holding tank sludges, or domestic wastewater treatment residuals.

Domestic Wastewater Residuals: The solid, semi-solid, and/or liquid residue removed during the treatment of domestic wastewater. This term does not include the treated effluent or reclaimed water from a domestic wastewater treatment plant.

Food Service Sludge: Oils, greases, and grease trap pumpings generated by a food service operation.

Holding Tank Sludge: A mixture of human body wastes and wastewater, kitchen wastes, and similar wastes produced at locations that lack permanent sanitary facilities and operate only for short periods of time.

Incident: An unusual occurrence including, but not limited to, spills, leaks, or discharges to the environment of wastes regulated by this ordinance, which has the potential to endanger public health, or the environment.

Incorporate: To add to the soil by thoroughly tilling, disking, or injecting in to the upper surface, to a depth of no more than 12 inches, and which is above the NRCS published seasonal high water table for each soil type involved.

Industrial Sludge or Residuals: Sludges that are primarily composed of materials generated through a manufacturing or other industrial process, including air treatment sludges, and water treatment sludges.

Lead Operator: Chief Wastewater Treatment Operator in charge of the Wastewater Treatment Plant.

Nuisances Injurious to Health: Those conditions that are defined in Chapter 386.041, Florida Statutes.

Objectionable Odor: Shall be construed to be any odor present in the outdoor atmosphere which by itself, or in combination with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or property, or which creates a nuisance, or any noisome odor which materially offends the sense of smell and which is created during the disposal, treatment, or management of septage, domestic wastewater residuals, or industrial wastewater residuals and prevents the reasonable and comfortable use and enjoyment of property by the public when such odor can be detected by the human senses beyond the property limits of the person responsible for the source thereof, or the property limits of the site where such residual is applied.

Occasional User: Not more than one application per year, per site.

Person: Any individual, association, partnership, corporation, or other entity, including any officer, employee, department, agency or instrumentality of the United States, the State, or any political subdivision thereof.

Residuals: The solid, semisolid, and/or liquid residue removed during the treatment of domestic or industrial wastewater in a wastewater treatment plant (WWTP). Not included are the solids removed from pump stations and lift station screenings and grit removed from the preliminary treatment components of WWTPs. Also not included are ash generated during the incineration of biosolids; domestic septage; treated effluent or reclaimed water from a WWTP.

Septage: A mixture of sludge, fatty materials, human feces, and wastewater removed during the pumping of an on-site sewage treatment and disposal system. This includes food service sludge(s), chemical/portable toilet sludge(s) or holding tank sludge(s) from domestic wastes. This does not include industrial sludges, water treatment sludges, air treatment sludges or domestic wastewater treatment residuals. (Pursuant to Hardee County Ordinance No. 1998-04).

Septage, Agricultural Disposal: The disposal of septage through the land application of properly treated septage through an approved septage stabilization process by the State of Florida, Department of Health, and permitted under F.A.C. Chapter 10D-6.

Septage, Treatment Facility: A facility for the treatment of septage by an approved septage stabilization process, including lime stabilization. The facility must be approved by the State of Florida, Department of Health. (Pursuant to Hardee County Ordinance No. 1998-04)

Surface Waters: A recognizable body of water, including but not limited to wetlands, swamps, or marsh areas, bayheads, cypress ponds, sloughs, and natural or constructed ponds contained within a recognizable boundary.

Transporters: Those persons or companies that operate vehicles within the boundaries of Hardee County to collect, transport or land spread domestic wastewater residuals, industrial wastewater residuals, holding tank sludge, chemical/portable toilet sludge, food service sludge or domestic septage.

Wastewater Treatment Plant (WWTP) or Facility: A central public or private facility for the processing and treatment of wastewater, which is the combination of liquid, solid or semi-solid wastes from residences, commercial buildings, industrial plants and institutions, together with any entrained groundwater, surface runoff or leachate which may be present. "Wastewater treatment plant or facility" shall not be construed to mean portable toilets or septic tanks.

Waterbody: Any natural or artificial pond, lake, reservoir, or other area with a discernible shoreline that ordinarily or intermittently contains water.

Watercourse: A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourses may include specifically designated areas in which substantial flood damage may occur.

Water Wells: Wells excavated, drilled, dug, or driven for the supply of industrial, agricultural or potable water for general public consumption.

Wetlands: Those areas that are inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial or possess characteristics that are associated with reducing soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto as provided in F.S. § 373.019(27).

Wetland Vegetation: The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions as provided in F.S. § 373.019(27).

~X~

Xeriscaping: Any water conserving landscaping technique that takes into account sunlight intensity, soil conditions and the use of drought tolerant vegetation for the purpose of providing an alternative to the traditional turfgrass-dominated lawn.

~Y~

Yard: An open space on the same lot with a building unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.

Yard, Front: A yard across the full width of the lot, extending from the building line of the building to the line of the street on which it faces.

Yard, Rear: A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection other than steps, unenclosed balconies or unenclosed porches.

Yard, Side: A yard between the building and the sideline of the lot and extending from the front yard to the rear yard.

Yard Sale: An informal event for the sale of used goods by private individuals held in the yard or garage of the seller's residence within any of the agricultural or residential zoning districts.

Yard Trash: See Garbage, Litter, Trash, and Yard Trash.

~Z~

~Acronyms~

AASHTO American Association of State Highway and Transportation Officials.

DABT Division of Alcoholic Beverages and Tobacco (of the State Department of Business and Professional Regulation).

DOC The Florida Department of Department of Commerce.

D.O.T. The Florida Department of Transportation.

D.O.T. Specifications Florida Department of Transportation Standard Specifications for Road and Bridge Construction, current edition.

DRC Development Review Committee

FAA Florida Aviation Administration.

F.A.C. Florida Administrative Code.

FCC Federal Communications Commission.

FDEP Florida Department of Environmental Protection.

FEMA Federal Emergency Management Agency.

F.S. Florida Statutes.

LOS Level of Service