For the purpose of these land development regulations, certain terms or words used herein shall be interpreted as follows:

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

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

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

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

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

The word "structure" includes the word "building" as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground. Among other things, structures include walls, buildings, fences, signs, and swimming pools.

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

The word "abut" shall not include directly across from.

The words "city commission" means the city commission of the City of Hawthorne, Florida.

The word "city" means the City of Hawthorne, Florida.

Abandoned motor vehicle. Abandoned motor vehicle is defined as one that is in a state of disrepair and incapable of being moved under its own power.

Abutting or adjacent property. Abutting or adjacent property is property that is immediately adjacent to the property being considered under these land development regulations.

Access. Access means the primary means of ingress and egress to abutting property from a dedicated right-of-way.

Accessory use or structure. An accessory use or structure is a use or structure of a nature customarily incidental and subordinate to the principal use or structure and, unless otherwise provided, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory building.

Addition. Addition means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing wall is new construction.

Administrator. The administrator is the land development regulation administrator designated by the city commission for the administration and enforcement of these land development regulations (see Land development regulation administrator).

Adult and sexually oriented establishment. Adult and sexually oriented establishment means adult bookstore or film store, adult cabaret, adult photographic or art studios, adult minimotion picture theater or drive-in or adult motion picture theater or drive-in (as defined herein).

Adult bookstore or film store. Adult bookstore or film store means an establishment having as a portion of its stock in trade books, magazines, other periodicals, films, video tapes, video disks, or similar items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein).

Adult cabaret. Adult cabaret means a bar, lounge, club or other establishment which sells alcoholic beverages and which features as part of the regular entertainment topless or bottomless dancers, strippers, whether male or female, or similar entertainers whose acts are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein).

Adult minimotion picture theater or drive-in. Adult minimotion picture theater or drive-in means an enclosed building or open-air establishment with a capacity for fewer than 50 persons in which a substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein), for observation by patrons therein.

Adult motion picture theater or drive-in. Adult motion picture theater or drive-in means an enclosed building or open-air establishment with a capacity of 50 or more persons in which a substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein), for observation by patrons therein.

Adult photographic or art studios. Adult photographic or art studio means a place or establishment wherein a substantial portion of the services or stock in trade consists of photographs, drawings, sketches, paintings, statues, effigies or the like, including those which are made or exhibited on the premises, and which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein).

Adventure/discovery center means a facility providing recreational uses similar to those permitted within the commercial, general (CG) zoning district.

Adverse effect. Adverse effect means increases in flood elevations on adjacent properties attributed to physical changes in the characteristics of the official 100-year flood area due to development.

Alter or alteration of a stormwater management system. Work done other than that necessary to maintain the system's original design and function.

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

Alley or service drive. An alley is a public or private right-of-way which affords only a secondary means of access to property abutting thereon.

Aquifer or aquifer system. Means a geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield significant quantities of water to wells and springs.

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

Area of special flood hazard. Area of special flood hazard is the land so designated on the city's flood insurance rate map.

Arterial streets. Arterial streets are streets which conduct large volumes of traffic over long distances and are functionally classified as such on the future traffic circulation map of the city's comprehensive plan.

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

Automotive service station. Automotive service station means an establishment whose principal business is the dispensing at retail of motor fuel and oil primarily for automobiles and where grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. In addition, an automotive service station may provide accessory facilities for car washing and polishing and may render minor repair services. However, major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, tire recapping or regrooving, storage of automobiles not in operating condition, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations are prohibited. An automotive service station is not a repair garage, a body shop, truck stop, or a car wash (see article 4 for special design standards for automotive service stations).

Automotive self-service station. Automotive self-service station means an establishment where motor fuel pumps are erected for the purpose of dispensing motor fuel at retail primarily for automobiles, but does not include minor automotive repair or the outside display of batteries tires and automobile accessories nor additional services which are customarily associated with an automotive service station.

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

Bar, cocktail lounge, or tavern. A bar, cocktail lounge, or tavern is any establishment which is devoted primarily to the retailing and on premises drinking of malt, vinous, or other alcoholic beverages, and which is licensed by the State of Florida to dispense or sell alcoholic beverages.

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

Block. Block includes tier or group and means a group of lots existing with well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter, or other name through which it may be identified.

Board of adjustment. Board of adjustment means the board of adjustment of the city, as herein provided for within these land development regulations.

Breakaway wall. A breakaway wall is 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.

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

Building. A building is any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the enclosure or shelter of persons, animals, vehicles, goods, merchandise, equipment, materials, or property of any kind. This definition shall include tents, dining cars, trailers, mobile homes, sheds, garages, carports, animal kennels, storerooms, or vehicles serving in any way the function of a building as described herein. This definition of a building does not include screened enclosures not having a roof impervious to weather.

Building front yard setback line. The building front yard setback line is the rear edge of any required front yard as specified within these land development regulations. Except as specifically provided within these land development regulations, no building or structure may be erected or extended to occupy any portion of a lot streetward of the building line.

Building, height of. Height of building is the vertical distance measured from the established grade at the corner of a front of a building to the highest point of the roof surface of a flat roof, to the deck line of a mansard or Bermuda roof, to the mean height level between eaves and ridge of gable, hip, cone, gambrel and shed roofs, and to a height three-fourths the distance from the ground to the apex of A-frame and dome roofs, as depicted in the diagram below. (See article 4, exclusions from height limitations).

Building line. A building line is the rear edge of any required front yard or the rear edge of any required setback line. Except as specifically provided by these land development regulations, no building or structure may be erected or extended to occupy any portion of a lot streetward or otherwise beyond the building line.

Building, manufactured. 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 F.S. ch. 553 pt. I.

Camping unit means and includes tents, cabins any other structure as may be developed marketed and used by the camping trade for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel.

Campsite means and includes any plot of ground used or intended for the exclusive occupation by a camping unit or units under the control of a camper.

Capital budget. Capital budget means the portion of the city's annual budget which reflects capital improvements scheduled for a fiscal year.

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

Child care center. A child care center is an establishment where six or more children, other than members of the family occupying the premises, are cared for during the day. The term includes day nurseries, kindergartens, day care services, nursery school, or play school.

Child care center, overnight. An overnight child care center is an establishment where six or more children, other than members of the family occupying the premises, are cared for not only during the day but overnight. An overnight child care center provides full overnight sleeping facilities for such children.

Church or other house of worship. Church or other house of worship means a place of worship at which nonprofit religious services are regularly conducted and carried on (see also Established places of religious assembly).

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

Club, private. For the purposes of these land development regulations, private clubs shall pertain to and include those associations and organizations of a civic, fraternal, recreational, or social character, not operated or maintained for profit. The term "private club" shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.

Collector streets. Collector streets are streets which serve as the connecting link for local streets and arterials. The traffic characteristics generally consist of relatively short trip lengths with moderate speeds and volumes. In addition, collectors are so functionally classified as such on the future traffic circulation map of the city's comprehensive plan.

Communication antenna. Communication antenna means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission.

Communication tower. Communication tower means a tower greater than 75 feet in height (including antenna) which supports communication equipment for either transmission or receiving. The term "communication tower" shall not include amateur radio operators' equipment, including citizens' band, very high frequency and ultra high frequency aircraft/marine, and other similar operators. Design examples of communication towers are described, as follows: (a) self-supporting lattice; (b) guyed; and (c) monopole.

Community residential home. A community residential home means a dwelling unit licensed to serve clients of the [state] department of health and rehabilitative services, which provide a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet physical emotional, and social needs of the residents. (See also article 4).

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

Comprehensive plan. The phrase "comprehensive plan" means the official city comprehensive plan adopted by the city commission pursuant to the Local Government comprehensive planning and Land Development Regulation Act (F.S. ch. 163, part II, as amended) and F.A.C. ch. 9J-5, as amended.

Cone of influence. Cone of influence means an area around one or more major water wells the boundary of which is determined by the city commission based on groundwater travel or drawdown depth.

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

County health department. County health department means the health department of the county.

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

Curb break. A curb break is a driveway or any other point of access or opening for vehicles onto a public street.

Day care center or nursery. See Child care center.

Density, gross residential. Residential density refers to the number of residential dwelling units permitted per gross acre of land and is determined by dividing the number of units by the total area of land within the boundaries of a lot or parcel including dedicated rights-of-way and except as otherwise provided for in these land development regulations. In the determination of the number of residential units to be permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit.

Developer. Developer means any person, including a governmental agency, undertaking any development as defined in F.S. ch. 163, part II and F.S. § 380.04, as amended.

Development. Development has the meaning as defined in F.S. ch. 163, part II and F.S. § 380.04, as amended.

Development order. Development order means any order granting, denying, or granting with conditions an application for a development permit, which includes any building permit, subdivision approval, rezoning, certification or designation, special exception, variance, special or temporary permit, or any other official action of the appropriate city approval body or land development regulation administrator having the effect of permitting the development of land.

Dispensing organization. Dispensing organization means an organization approved by the Florida Department of Health to cultivate, process, and dispense low-THC cannabis pursuant to F.S. § 381.961(1)(b).

Dormitory. A dormitory is a space in a unit where group sleeping accommodations are provided with or without meals for persons not members of the same family group, in one room, or in a series of closely associated rooms under joint occupancy and single management, as in college dormitories, fraternity houses, and military barracks.

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

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

Drainage detention structure. Drainage detention structure means a structure which collects and temporarily stores stormwater for the purpose of treatment through physical, chemical, or biological processes with subsequent gradual release of the stormwater.

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

Drainage retention structure. Drainage retention structure means a structure designed to collect and prevent the release of a given volume of stormwater by complete on-site storage.

Drugs, sale of. Drugs, sale of, means any lawful sale of pharmaceuticals as restricted by prescription, by the state of Florida and as prescribed and dispensed by the appropriate medical professional licensed by the state of Florida. The term shall include medical marijuana dispensing facility (see subsection 4.2.36).

Dwelling unit (DU). A dwelling unit is a room or rooms connected together, constituting a separate, independent housekeeping establishment for one family, for owner occupancy or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping facilities and one kitchen. A recreational vehicle (RV) shall not be considered a dwelling unit.

Dwelling, single-family. A single-family dwelling is a building containing only one dwelling unit and structurally connected to no other dwelling unit. For regulatory purposes, the term is not to be construed as including mobile homes, travel trailers, park model recreational units, housing mounted on self-propelled or drawn vehicles, tents, house boats, or other forms of temporary or portable housing.

Dwelling, mobile home or mobile home. The term "mobile home" as used herein shall be defined as set forth in F.S. ch. 553, pt. I. The term "mobile home" shall include manufactured housing, also as defined within said F.S. ch. 533. All mobile homes located within the city shall be built to the U.S. Department of Housing and Urban Development (HUD) Construction Code standards for state wind load requirements. The appropriate wind load requirements for the state can be identified by the identification plate affixed to the exterior of the manufactured home, which identifies the name and address of the manufacturing plant in which the manufactured home was manufactured and reference to the roof load zone and wind load zone for which the home is designed. However, this definition shall not include recreation vehicles as defined in the state statutes.

Dwelling, one-family. A one-family dwelling is one building under one roof containing only one dwelling unit. A one-family dwelling may be either a single-family dwelling or a mobile home dwelling.

Dwelling, two-family or duplex. A two-family or duplex dwelling is one building under one roof containing only two dwelling units.

Dwelling, multiple-family or multifamily. A multiple-family dwelling is one building under one roof containing three or more dwelling units. Housing for the aged, which does not provide for routine nursing and/or medical care, shall be construed to be a multiple-family dwelling.

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

a.

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

b.

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

c.

Guesthouses and servant's quarters in connection with single-family residences shall not be considered as dwelling units in the computation of (b) above.

d.

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

Easement. An easement is any strip of land created by a subdivider for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Elevated building. An elevated building is a noncellar building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls.

Elevation. Elevation means height in feet above mean sea level as established by the National Geodetic Vertical Datum (NGVD) of 1929.

Emergency means a condition that in the exercise of the sound discretion of the city is found deleterious to the public health, safety and welfare and requires immediate action.

Emphasis or emphasis on. Emphasis or emphasis on means that the type of matter specified is the apparent matter upon which the particular work or exhibition is based, or that the matter specified is a substantial portion of such work or exhibition. Because of the matters specified in the definition of specified sexual activities and the definition of specified anatomical areas, establishments exhibiting, creating or selling such goods or exhibitions are not generally open to juveniles.

Engineer. Engineer means a professional engineer registered to practice engineering by the State of Florida who is in good standing with the Florida Board of Engineer and Land Surveyors Examiners.

Essential services. See article 14.

Established places of religious assembly. Established places of religious assembly means established places of worship at which nonprofit religious services are regularly conducted and carried on (see also Churches and other houses of worship).

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

Facility. A facility is a building or buildings, appurtenant structures and surrounding land area used by a single business private entity or governmental unit or subunit at a single location or site.

Family. A family is one or more persons occupying a single dwelling unit and not more than two roomers or boarders may occupy the dwelling unit (for three or more roomers or boarders, see Group living facility). Family shall not be construed to mean a fraternity, sorority, club, monastery or convent, or institutional group.

Fill. Fill means any materials deposited for the purpose of raising the level of natural land surface.

Flood. Flood means the unusual and rapid accumulation or runoff of surface water of any source.

Flood elevation of record. Flood elevation of record means the maximum flood elevation for which historical records exist.

Flood insurance rate map (FIRM). The flood insurance rate map (FIRM) is the official map of the city, issued by the Federal Emergency Management Agency where both the areas of special flood hazard and the risk premium zones applicable to the city have been delineated.

Flood insurance study. A flood insurance study is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as, the flood boundary floodway map and the water surface elevation of the base flood for the city.

Floodplains. Floodplains means areas adjacent to a watercourse inundated during a 100-year flood event and identified by the Federal Emergency Management Agency on flood insurance rate maps.

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

Floor area. Floor area means, except as may be otherwise indicated in relation to particular districts and uses, the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, excluding attic areas with a headroom of less than seven feet, unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or heating or other building machinery and equipment, parking structures and basement space where the ceiling is not more than 48 inches above the general finished and graded level of the adjacent part of the lot.

Floridan Aquifer System. Floridan Aquifer System means the thick carbonate sequence which includes all or part of the Paleocene to early Miocene Series and functions regionally as a water-yielding hydraulic unit. Where overlaid by either the intermediate aquifer system or the intermediate confining unit, the Floridan contains water under confined conditions. Where overlaid directly by the surficial aquifer system, the Floridan may or may not contain water under confined conditions, depending on the extent of low permeability materials in the surficial aquifer system. Where the carbonate rocks crop out, the Floridan generally contains water under unconfined conditions near the top of the aquifer system, but, because of vertical variations in permeability, deeper zones may contain water under confined conditions. The Florida Aquifer is the deepest part of the active groundwater flow system. The top of the aquifer system generally coincides with the absence of significant thicknesses of clastics from the section and with the top of the vertically persistent permeable carbonate section. For the most part, the top of the aquifer system coincides with the top of the Suwannee Limestone, where present, or the top of the Ocala Group. Where these are missing, the Avon Park Limestone or permeable carbonate beds of the Hawthorn Formation for the top of the aquifer system. The base of the aquifer system coincides with the appearance of the regionally persistent sequence of anhydride beds that lie near the top of the Cedar Keys Limestone.

Frontage of a lot. See Lot frontage.

Functionally dependent facility. A functionally dependent facility is a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such a docking facility necessary for the loading or unloading of cargo or passengers, boat building, boat repair, or fishery processing facilities. The term does not include longterm storage, manufacture, sales, or service facilities.

Garage, parking. A parking garage is a building or portion thereof designed or used for temporary parking of motor vehicles.

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

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

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

Garbage. Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Grade. The level of the finished ground surface immediately adjacent to the exterior walls of the building.

Groundwater. Groundwater means water in saturated zones or stratum beneath the surface of land or water, whether or not it is flowing through known and definite channels.

Group living facility. A group living facility is an establishment where lodging is provided (a) for four or more persons who are not a family or for three or more roomers or boarders, (b) for residents rather than transients, (c) on a weekly or longer basis, and (d) in which residents may share common sleeping or kitchen facilities. Group living facility includes dormitories, fraternities, sororities, rooming[houses] or boardinghouses, convents or monasteries, orphanages, and housing for other institutional groups. For the purposes of these land development regulations, one, two, or multiple family dwellings which constitute separate, individual housekeeping establishments for one family shall not be considered to be group living facilities.

Guesthouse or guest cottage. A guesthouse or guest cottage is a dwelling unit in a building separate from and in addition to the main residential building on a lot, intended for intermittent or temporary occupancy by a nonpaying guest; provided, however, that such quarters shall have no cooking facilities, shall not be rented, and shall not have separate utility meters.

Habitable room. A habitable room is a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.

Habitable story. Habitable story means any story used or to be used for living purposes, which includes working, sleeping, eating cooking, recreation, or a combination thereof. A story used only for storage purposes having only nonloadbearing walls, e.g., breakaway latticework, wall, or screen, is not a "habitable story."

Hazardous waste. Hazardous waste means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed.

Height of a building. See Building height.

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

Home occupation. Unless otherwise provided herein, a home occupation is an occupation conducted entirely in a dwelling unit, in accordance with the home occupation criteria in section 4.2 of these land development regulations.

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

Improvements. Improvements may include, but is not limited to, street pavement, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, road and street signs, landscaping, permanent reference monuments ("PRMs"), permanent control points ("PCPs"), or any other improvements required by these land development regulations.

Infestation. Infestation means the presence within or around a dwelling, of any insects, rodents, or other pests.

Intensive agriculture. Intensive agriculture means all areas of concentrated animal density generally associated with milking barns, feed lots, chicken houses and holding pens.

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

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

Land development regulations. Land development regulations means regulations which address the use of land and water, subdivision of land, drainage and stormwater management, protection of environmentally sensitive areas, sign control, standards for public facilities and services, on-site traffic flow and parking and any other regulation so deemed appropriate by the city.

Land development regulation administrator. The land development regulation administrator is the official designated by the city commission for the administration and enforcement of these land development regulations.

Landmark. A building or structure which has been designated as such within the comprehensive plan.

Landmark site. The land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises or the setting for the landmark.

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

Lien. A lien is a claim on the property of another as security against the payment of a just debt.

Livestock. Livestock means all domesticated animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle and poultry.

Local planning agency. Local planning agency means the agency designated by the city commission, under the provisions of F.S. ch. 163, part II, as amended.

Local streets. Local streets are streets whose primary function is to provide the initial access to the collector and arterial roadways. These facilities are characterized by short trips, low speeds, and small traffic volumes.

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

Lot. A lot is a portion of a subdivision or any parcel of land intended as a unit for building development or for transfer of ownership or both. For the purposes of these land development regulations, a lot shall be of at least sufficient size (a) to meet minimum zoning requirements for use, coverage, and area, and (b) to provide such yards and open spaces as are herein required (provided that certain nonconforming lots of record are exempted from certain of the provisions of these land development regulations (see section 2.3). "Lot" includes the words "plot," "parcel," "tract," or "site" and may consist of:

a.

A single lot of record;

b.

A portion of a lot of record;

c.

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

d.

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

Lot area. The total area included within lot lines.

Lot coverage. Lot coverage is that percentage of lot area that is covered or occupied by buildings, including accessory buildings.

Lot frontage. The front of an interior lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as set out in these land development regulations.

Lot line. The lines bounding a lot as established by ownership.

Lot measurement, depth. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connection the foremost points on the side lot lines in front and the rearmost points of the side lot lines in the rear.

Lot measurement, width. Width of a lot shall be considered to be the average distance between straight lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the foremost points of the side lot lines in front (where they intersect with the street line) and the rear most points of the side lot lines in the rear; provided, however, that the width between the side lot lines at their foremost points in the front shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the width shall not be less than 60 percent of the required lot width.

Lot of record. A lot of record is (1) a lot which is part of a subdivision recorded in the office of the county clerk, or (2) a lot or parcel described by metes and bounds, the description of which has been so recorded on or before the date of adoption of the city's comprehensive plan.

Lot types. The diagram which follows illustrates terminology used in these land development regulations with reference to corner lots, interior lots, reversed frontage lots, and through lots:

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

B = Interior Lot, defined as a lot other than a corner lot with only one frontage on a street.

C = Through Lot, defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

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

Low-THC cannabis. Low-THC cannabis means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization.

Marginal access street. A marginal access street is a street, parallel and adjacent to an existing street, providing access to abutting lots.

Marijuana (cannabis). Marijuana means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include "low-THC cannabis," as defined in F.S. § 381.986, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with § 381.986.

Mean sea level. Means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For the purposes of these land development regulations, the term is synonymous with National Geodetic Vertical Datum (NGVD).

Medical marijuana dispensing facility. Medical marijuana dispensing facility means a facility that dispenses cannabis to qualified patients for medical use, and not a recreational use, pursuant to all applicable regulations of the State of Florida, as may be amended from time to time (refer to subsection 4.2.36 of these regulations).

Medical marijuana treatment center (MMTC). Medical marijuana treatment center (MMTC) means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the State department of health. See Article X, Section 29, of the Florida Constitution (refer to subsection 4.2.36 of these regulations).

Mobile home. See Dwelling, mobile home.

Mobile home park. A mobile home park consists of a parcel of land under single ownership or management which is operated as a business engaged in providing for the parking of mobile homes to be used for nontransient living or sleeping purposes, and where lots are offered only for rent or lease, and including customary accessory uses such as owners' and managers' living quarters, laundry facilities, and facilities for parks and recreation. (See section 2.1 for the definition of a mobile home.)

Mobile home stand. A mobile home stand is a lot or parcel of ground designated for the accommodation of not more than one mobile home.

Mobile home subdivision. A mobile home subdivision is a residential subdivision where lots are offered for sale for use exclusively by mobile homes. (See section 2.1 for the definition of a mobile home.)

Motel, motor hotel, or motor lodge. See Hotel.

National Geodetic Vertical Datum (NGVD). As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

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

New construction. New construction means structures for which the "start of construction" commenced on or before the effective date of these regulations.

Newspaper of general circulation. A newspaper of general circulation means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

Nonconforming lot, structure, use of land, use of land and structure, etc. See section 2.3.

Non-self-contained camping unit means a unit, which is dependent upon a service building for toilet and lavatory facilities.

Nuisance. The following shall be defined as nuisances:

1.

Any public nuisance known at common law or in equity jurisprudence.

2.

Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

3.

Whatever is dangerous to human life or is detrimental to health, as determined by the county health officer.

4.

Overcrowding a room with occupants.

5.

Any structure having insufficient ventilation or illumination.

6.

Any structure having inadequate or unsanitary sewage or plumbing facilities.

7.

Any structure which is unclean, as determined by the county health officer.

8.

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the county health officer.

Nursery school. See Child care center.

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

Office, business. A business office is an office for such operations as real estate agencies, advertising agencies (but not sign shop), insurance agencies, travel agencies and ticket sales, chamber of commerce, credit bureau (but not finance company), abstract and title agencies, insurance companies, stockbroker, employment agencies, billing office, and the like. It is characteristic of a business office that retail or wholesale goods are not shown to or delivered from the premises to a customer.

Office, professional. A professional office is an office for the use of a person or persons generally classified as professional such as architects, engineers, attorneys, accountants, doctors, lawyers, dentists, veterinarians (but not including boarding of animals on the premises, except as part of treatment and then only in soundproof buildings), psychiatrists, psychologists, and the like. It is characteristic of professional offices that the use is devoted principally to an offering of consultive services.

100-year flood area. [The] 100-year flood area means those areas that have a land elevation less than the official 100-year flood elevations.

Official 100-year flood map. [The] official 100-year flood map means the map issued by the Federal Emergency Management Agency that delineates the areas having ground elevations that are less than the official 100-year flood elevations.

Official ten-year flood elevations. Official ten-year flood elevations means the most recent and reliable flood elevations based on a Log Pearson type III probability distribution produced by the United States Geological Survey and based on historical data.

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

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

Operator. Operator means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

Outdoor bathing facilities means ponds, impoundments, beaches, or other places, whether natural or man-made, in which an area is held out for swimming or bathing purposes.

Overflow area means a plot of ground in or adjacent to the set apart for accommodating those campers for whom no designated sites are available in the general geographical area, and which is subject to certain restrictions as to size, length of stay, temporary facilities, etc.

Overnight means the occupation of a camping unit as a temporary habitation between the hours of 7:00 p.m. and 7:00 a.m., or major portion thereof.

Owner. Owner means the holder of the title in fee simple and any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted. It shall also mean any person who, alone or jointly or severally with others:

(a)

Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(b)

Shall have charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possessions, or assignee of rents, lessee, or other person firm, or corporation in control of a building; of their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of these land development regulations to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property which apply to the owner.

Package liquor store. A package liquor store is a place where alcoholic beverages are dispersed or sold in containers for consumption off the premises.

Parcel of land. Parcel of land means any quantity of land capable of being described with such definiteness that its locations 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.

Park model RV (recreational vehicle), resort cottage, casita means as follows:

• Park model RV: a recreational vehicle as defined in F.S. § 320.01.

• Resort cottage: a single unit of one or more rooms designed or intended for temporary occupancy as separate living quarters with eating, sleeping and sanitary facilities.

• Casita unit a single unit designed or intended for temporary occupancy with is an accessory use to the recreation vehicle. Casitas are not considered residential uses. Casitas my only be rented in conjunction with the recreational vehicle on site.

Parking space, handicapped. A handicapped parking space is an off-street parking space which is reserved for persons who are physically disabled or handicapped, as defined within the Americans with Disabilities Act of 1990 (P.L. 101-336)

Parking space, off-street. For the purposes of these land development regulations, an off-street parking space shall consist of a space adequate for parking a standard size automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street or walk and so that any automobile may be parked and unparked without moving another. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 200 square feet, but off-street parking requirements will be considered to be met only where actual spaces meeting the requirements above, are provided and maintained, improved in the manner required by these land development regulations, and in accordance with all ordinances and regulations of the city. (See also section 4.2, off-street parking requirements.)

Performance bond. See Surety device.

Permanent control point (PCP). A permanent control point (PCP) is a secondary horizontal control monument which shall be a metal market with the point of reference marked thereon or a four-inch by four-inch concrete monument a minimum of 24 inches long with the point of reference marked thereon. PCP's shall bear the registration number of the surveyor filing the plat of record.

Permanent reference monument (PRM). A permanent reference monument (PRM) is a metal rod a minimum of 24 inches long or a 1½-inch minimum diameter metal pipe a minimum of 20 inches long, either of which shall be encased in a solid block of concrete or set in natural bedrock, a minimum of six inches in diameter, and extending a minimum of 18 inches below the top of the monument, or a concrete monument four inches by four inches, a minimum of 24 inches long, with the point of reference marked thereon. A metal cap marker, with the point of reference marked thereon, shall bear the registration number of the surveyor certifying the plat of record, and the letters PRM shall be placed in the top of the monument.

Person means and includes any individual or group of individuals, partnership, firm, private or public association or corporation, state, county, city, town, or anyone who by covenant, restriction or agreement has care, control, custody or management of property or parts thereof, or any combination of the above or other legal entity.

Planning and zoning board. Planning and zoning board shall refer to the planning and zoning board of the city, as herein provided for within these land development regulations.

Plat. A plat is a map or drawing depicting the division of land into lots, blocks, parcels, tracts, sites, or other divisions; however, the same may be designated, and other information required by these land development regulations. The word "plat" includes the terms "replat" or "revised plat."

Plat, final. A final plat is a finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for recording.

Plumbing. Plumbing means the practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: Sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems, within or adjacent to any building structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of stormwater, liquid waste, or sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal.

Plot. See Lot.

Poultry. Poultry means all domesticated birds that serve as a source of eggs or meat, including chickens, turkeys, ducks, ostriches, quail, pheasants and geese.

Premises. Premises means a lot, plot or parcel of land including the buildings of structures thereon.

Product tight. Product tight means impervious to the hazardous material which is or could be contained so as to prevent the seepage of the hazardous material form the containment system. To be product tight, the containment system shall be made of a material that is not subject to physical or chemical deterioration by the hazardous material being contained.

Public areas. Public areas means an unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the fire department and free of all incumbrances that might interfere with its use by the fire department.

Public buildings and facilities. For the purposes of these land development regulations, public buildings and facilities means the use of land or structures by a municipal, county, state, or federal governmental entity for a public service purpose. More specifically public facility means major capital improvements including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreation, and health systems and facilities. For the purposes of these land development regulations, essential service shall not be considered public buildings and facilities.

Public playground or public park. Public playground or public park means properties and facilities owned and operated by any governmental agency, which are open to the general public for recreational purposes.

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

Recreational uses. Recreational uses means activities within areas where recreation occurs.

Recreational vehicle. A recreational vehicle is a vehicular, portable structure as defined in F.S. § 513.01.10 which is built on a chassis (including a travel trailer), designed to be a temporary dwelling for travel, recreational, and vacation purposes, which is identified on the unit by the manufacturer as a motor coach, travel trailer or park model recreational unit.

Recreational vehicle and campgrounds means and includes, recreation camps not defined herein as vehicle parks or travel trailer parks and campgrounds, but defined herein as family campgrounds, camping resorts, camping communities or any other area, place, parcel or tract of land, by whatever name called, on which three or more campsites are occupied or intended for occupancy, or facilities are established or maintained, wholly or in part, for the accommodation of camping units for periods of overnight or longer, whether the use of the campsites and/or facilities is granted gratuitously, by a rental fee, by lease, by conditional sale or by covenants, restrictions and easements. This definition is not intended to include summer camps, and migrant labor camps as defined in Florida Statutes, construction camps, permanent mobile home parks, or storage areas for unoccupied camping units, or property upon which the individual owner may choose to camp and not be prohibited or encumbered by covenants, restrictions and conditions from providing his sanitary facilities within his property lines.

Regulated materials. Shall be the following materials:

a.

Petroleum products, which include fuels (gasoline, diesel fuel, kerosene and mixtures of these products, lubricating oils, motor oils, hydraulic fluids and other similar products. This term does not include liquified [liquefied] petroleum gas, American Society for Testing and Materials grade number 5 and number 6 residual oils, bunker C residual oils, intermediate fuel oils used for marine bunkering with a viscosity of 30 and higher and asphalt oils.

b.

Substances listed by the Secretary of the Florida Department of Labor and Employment Security pursuant to F.S. ch. 442, as amended (Occupational Health and Safety). This list, known as the Florida Substances List, is provided in F.A.C. ch. 38F-41, as amended.

c.

Substances listed by the Administrator of the United States Environmental Protection Agency pursuant to section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. This list is provided in 40 (Protection of the Environment) CFR 302, Designation, Reportable Quantities and Notification, as amended.

d.

Substances listed by the Administrator of the United States Environmental Protection Agency pursuant to Title III of the Superfund Amendments and Reauthorization Act of 1986, as amended. The list is provided in 40 CFR 355, Emergency Planning and Notification, as amended.

e.

Materials listed by the Secretary of the United States Department of Transportation pursuant to the Hazardous Materials Transport Act. This list is provided in 49 (Transportation) CFR 172, Hazardous Materials Tables and Communications Regulations, as amended.

f.

The following elemental metals, if they are stored in a easily crumbled, powered, or finely divided state: aluminum, beryllium, cadmium, chromium, copper, lead, manganese, mercury, molybdenum, nickel, rhodium, silver, terrarium, tin and zinc.

g.

Mixtures containing the above materials if they contain one percent or more by volume or if they are wastes.

h.

Any material not included above which may present similar or more severe risks to human health or the environment as determined by the land development regulation administrator. Such determinations must be based upon competent testing or other objective means with conclusions which indicate that the material may pose a significant potential or actual hazard.

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

Residential buildings. Regulated buildings means buildings in which families or households live or in which sleeping accommodations are provided and all dormitories, shall be classified as residential occupancy. Such buildings include, among others, the following: dwellings, multiple dwellings and roominghouses (see also definition of Dwelling unit).

Residential home for the aged. A residential home for the aged (also known as adult congregate living facility) is a health care facility containing characteristics of multiple-family housing, providing a maximum in independent living conditions for individuals or couples and a minimum of custodial services which would include daily observation of the individual residents by designated staff personnel. As accessory uses, residential homes for the aged may include dining rooms and infirmary facilities for intermediate or skilled nursing care solely for the use of the occupants residing in the principal facility.

Restaurant. A restaurant is an establishment where meals or prepared food, including beverages and confections, are served to customers for consumption on or off the premises. Restaurant includes cafes, coffee shops, donut shops, delicatessens, fast food outlets, cafeterias, and other establishments of a similar nature, but the term shall not include religious (not for profit) or charitable facilities where food is prepared or served.

Retention. Retention means the collection and storage of runoff without subsequent discharge to surface waters.

Right-of-way. Right-of-way is land dedicated, deeded, used, or to be used for a street, alley, pedestrian way, crosswalk, bikeway, drainage facility, or other public uses, wherein the owner gives up his or her rights to the property so long as it is being or will be used for the dedicated purpose. Right-of-way also is a land measurement term, meaning the distance between lot property lines which generally contains not only the street pavement, but also the sidewalk, grass area, and underground or aboveground utilities.

Riverbank setback line. Riverbank setback line means a line running parallel to a river and at a distance as specified within these land development regulations.

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

Roominghouse. Roominghouse means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons which are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.

Rooming unit. Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Rubbish. Rubbish means combustible and noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, or other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery, and dust.

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

Sediment. Sediment means the mineral or organic particulate material that is in suspension or has settled in surface [water] or groundwater.

Servants' quarters. Servants' quarters are accommodations, without cooking facilities or separate utility meters, for domestic servants employed on the premises. Such units may be in either a principal or an accessory building but no such living quarters shall be rented, leased, or otherwise be made available for compensation of any kind except in the form of housing for servants.

Service building means a structure housing toilet, showers or lavatories.

Service station. See Automotive service and Self-service station.

Sewage means the human excrement from service buildings, sanitary stations, camping units or other places together with such kitchen, laundry or shower wastes as may be present.

Sidewalk. A sidewalk is that portion of the street right-of-way outside the roadway, which is improved for the use of pedestrian or bike traffic.

Sign. A sign is any device designed to inform or attract the attention of persons not on the premises on which the sign is located. Unless otherwise specified, a sign may have one or two faces. (See article 4 for general regulations governing signs.)

Sign, surface area. The surface area of a sign shall be computed as including the entire area within the periphery of a regular geometric form, or combinations of regular geometric forms, comprising all of the display area of the sign, and including all of the elements of the matter displayed, but not including blank masking, frames, or structural elements of the sign and bearing no advertising matter. In the case of double face signs, each sign face shall be measured as surface area and the combined surface area of both faces shall not exceed the maximum permitted for the building or use.

Sign, on-site. A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

Sign, off-site. An off-site sign is a sign other than an on-site sign.

Sign, animated. An animated sign is a sign with externally moving parts or messages, or so operating as to give a viewer the illusion of moving parts or messages.

Sign, attached. An attached sign is a sign painted on the exterior face of a building or attached to a building. Attached signs include canopy signs, marquee signs, wall signs, roof signs, and projecting or hanging signs supported or attached to a canopy, awning, marquee, or building.

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

Sign, freestanding. A freestanding sign is a sign which is not attached to a building. Freestanding signs include ground signs, pole signs, and portable signs.

Sign, identification. An identification sign is a sign which depicts the name and/or address or a building or establishment on the premises where the sign is located as a means of identifying said building or establishment. An identification sign shall not contain promotional or sales material.

Sign, nonflashing. A nonflashing sign is a sign which does not have a flashing, changing, revolving, or flickering light source or which does not change light intensity.

Site. See Lot.

Soil survey. Soil survey means the United States Department of Agriculture Soil Conservation Service Soil Survey for the county.

Solid waste. Solid waste means 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. Solid waste facilities means 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. Solid waste processing plant means a facility for incineration, resource recovery, or recycling of solid waste prior to its final disposal.

Solid waste transfer station. Solid waste transfer station means 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 use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning district as a special exception if specific provision for such a special exception is made in these land development regulations. (For the procedure in securing special exceptions, see sections 12.2 and 13.2.) Unlike the pyramidal uses noted as being permitted within certain commercial zoning districts, the listing of special exceptions within each zoning district are unique to that zoning district and not transferable to another zoning district.

Specified anatomical areas. Specified anatomical areas mean less than completely and opaquely covered human genitals, human pubic region, human buttock, human female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities. Specified sexual activities mean human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, human pubic region, human buttock or human female breast.

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

Start of construction. Start of construction includes substantial improvement, and means the date the building permit was issued, provided [that] the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Stormwater. Stormwater means the flow of water which results from and that occurs immediately following a rainfall.

Stormwater runoff. Stormwater runoff means that portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system.

Stormwater management system. The system, or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site.

Story. A story is that portion of a building included between the surface of any floor and the surface of the next floor above it (including [the] basement), or if there be no floor above it, then the space between such floor and the ceiling next above it. (See habitable story section 2.1.)

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

Street line. The street line is the line between the street and abutting property. A street line is also referred to as the right-of-way line.

Structure. See General,section 2.1.

Subdivider. Subdivider shall refer to any person, firm, corporation, partnership, association, estate, or trust or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, including a developer or an agent of a developer.

Subdivision. Subdivision is the division of a parcel of land, whether improved or unimproved, into three or more lots or parcels of land, for the purpose whether immediate or future, of transfer of ownership, whether by deed, metes and bounds description, devise, lease, map, plat or other recorded instrument or if the establishment of a new street is involved, any division of such parcel. The term shall not mean the division of land into parcels of more than five acres not involving any change in street lines; the transfer of property by sale or gift or estate succession by the property owner to his or her spouse or lineal descendants; or the transfer of property between tenants in common for the purpose of dissolving the tenancy in common among those tenants. The term includes a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.

Subdivision, major. A major subdivision is any subdivision not classified as a minor subdivision including, but not limited to, subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, or the creation of any public improvements, except where otherwise specifically exempted from the requirements of these land development regulations.

Subdivision, minor. A minor subdivision is any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road, or the extension of local governmental facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjacent property, and not in conflict with any provision or portion of the comprehensive plan or these land development regulations.

Substantial damage. Means 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 percent of the market value of the structure before the damage occurred.

Substantial improvement. Substantial improvement means for a structure built prior to the enactment of these land development regulations any repair, reconstruction, or improvement of a structure the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration on 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 either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places.

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

Surface water. Surface water means water above the surface of the ground whether or not flowing through definite channels, including the following:

1.

Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline; or

2.

Any natural or artificial stream, river, creek, channel, ditch, canal, conduit culvert, drain, waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently and which has a definite channel, bed or banks; or

3.

Any wetland.

Surficial aquifer system. Surficial aquifer system means the permeable hydrogeologic unit contiguous with land surface that is comprised principally of unconsolidated to poorly indurated clastic deposits. It also includes well-indurated carbonate rocks, other than those of the Florida Aquifer System where the Floridan is at or near land surface. Rocks making up the surficial aquifer system belong to all or part of the upper Miocene to Holocene Series. It contains the water table and water within it is under mainly unconfined or locally confined conditions to prevail in its deeper parts. The lower limit of the surficial aquifer system coincides with the top of laterally extensive and vertically persistent beds of much lower permeability. Within the surficial aquifer system, one or more aquifers may be designated base on lateral or vertical variations on water bearing properties.

Surety device. A surety device is an agreement by a subdivider with the city for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.

Surveyor, land. Land surveyor means a land surveyor registered under F.S. ch. 472, as amended, who is in good standing with the Florida State Board of Engineer Examiners and Land Surveyors.

Swimming pool means any swimming, wading or spray pool, including all appurtenant equipment, structures and facilities provided for the use of the patrons of the facility.

To plat. To plat means to divide or subdivide land into lots, blocks, parcels, tracts, sites, or other divisions; however, the same may be designated, and the recording of the plat in the office of the county clerk in the manner provided for in these land development regulations.

Tower site. Tower site means a parcel on which a communication tower and accessory structures are located, which may be smaller than the minimum lot size required for a particular zoning district.

Travel trailer. See the definition of Recreational vehicle.

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

Unsafe building. Any building or structure that has any of the following conditions, such that the life, health, property, or safety of the general public is endangered:

(a)

Whenever the stress in any material, member or portion thereof, due to all imposed loads including dead load exceeds the working stresses allowed in the city building code for new buildings.

(b)

Whenever a building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the buildings or structures is less than it was prior to the damage and is less than the minimum requirement established by the city building code for new buildings.

(c)

Whenever for any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is designed.

(d)

Whenever any building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse.

(e)

Whenever any building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of city regulations.

(f)

Whenever any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.

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

Use of land. Use of land includes use of land, water surface, and land under water to the extent covered by these land development regulations, and over which the city has jurisdiction.

Utilities. Utilities includes, but is not necessarily limited to: water systems, electrical power, sanitary sewer systems, stormwater management systems, and telephone or cable television systems; or portions, elements, or components thereof.

Valuation or value. As applied to a building, valuation or value means the estimated cost to replace the building in kind.

Variance. A variance is a relaxation of the terms of these land development regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of these land development regulations would result in unnecessary and undue hardship on the land. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning classification or district or adjoining zoning classifications or districts. (For the procedure in securing variances, see article 12).

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

Watercourse. Watercourse means any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently and which has a definite channel, bed, bank, or other discernible boundary.

Water-dependent uses. Water-dependent uses means activities which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for: waterborne transportation including ports or marinas; recreation; electrical generating facilities; or water supply.

Water-related uses. Water-related uses means activities which are not directly dependent upon access to a water body, but which provide goods and services that are directly associated with water-dependent or waterway uses.

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

Well. Well means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when intended use of such excavation is to conduct groundwater from an aquifer or aquifer system to the surface by pumping or natural flow, to conduct waters or other liquids from the surface into any area beneath the surface of land or water by pumping or natural flow, or to monitor the characteristics of groundwater within an aquifer system(s). For the purposes of these land development regulations, geotechnical borings greater than 20 feet in depth shall be included in the definition of "well."

Wellfield management zone. Wellfield management zone is a wellfield protection area of 300 feet around community water system wellheads (see section 6.2).

Wetlands. Wetlands means land that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient of support, and that under normal circumstances do or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes, but is not limited to, swamp hammocks, hardwood swamps, riverine cypress stands, cypress ponds, bayheads and bogs, wet prairies, freshwater marshes, tidal flats, salt marshes and marine meadows.

Yard. A yard is a required open space unoccupied and unobstructed from the ground upward; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. For explanation of how to measure the various types of yards, on rectangular and nonrectangular lots, as defined in the following definitions, see [the] accompanying diagrams.

Yard, front. A front yard is a yard extending between side lot lines across the front of a lot adjoining a street. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the land development regulation administrator may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. In the case of corner lots and reverse frontage lots, a front yard of the required depth shall be provided on both frontages.

Yard front, depth required. Yard front, depth required, shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.

Yard, side. A side yard is a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the street. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after front yards have been established on both frontages shall be considered side yards.

Yard, side; depth required. Yard, side; depth required, shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Yard, rear. A rear yard is a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.

Yard, rear; depth required. Yard, rear; depth required, shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

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

Yard, waterfront. A waterfront yard is a yard measured from and parallel to the mean high water mark of the lake, stream, or other watercourse on which the lot is located.

(Ord. No. 2002-05, § 3, 2-4-2002; Ord. No. 2002-06, § 1, 2-4-2002; Ord. No. 2009-25, § 1, 12-1-2009; Ord. No. 2011-02, § 2, 4-12-2011; Ord. No. 2018-07, § 3, 8-7-2018; Ord. No. 2019-05, § 1, 8-6-2019; Ord. No. 2020-02, § 2, 6-2-2020; Ord. No. 2020-07, § 2, 10-6-2020)

2.2.1.

Whenever a single lot is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.

Within the districts established by these land development regulations or amendments that may later be adopted, there may exist (1) lots, (2) uses of land, (3) structures, (4) characteristics of use, and (5) use of structures and premises which were lawful before the adoption or amendment of the city's comprehensive plan, but which would be prohibited, regulated, or restricted under the terms of these land development regulations or future amendments.

It is the intent of these land development regulations to permit these nonconformities, except for signs, to continue until they are voluntarily removed or removed as required by these land development regulations, but not to encourage their survival. It is further the intent of these land development regulations that nonconforming uses of land or structures, except for signs, may be continued where the lawful use of land existed prior to adoption or amendment of the city's comprehensive plan. Such nonconforming uses, except for signs, may be continued, so long as it remains otherwise lawful, subject to its discontinuance after it ceases to exist for a period of more than six months.

A nonconforming use of land, shall not be extended or enlarged after the adoption or amendment of the city's adopted comprehensive plan. A nonconforming structure may be continued where a structure lawfully existed prior to adoption of the city's comprehensive plan where such structure would not be permitted to be built under the city's comprehensive plan by reason of restrictions on requirements other than the use concerning the structure. Such structure may be continued so long as it remains otherwise lawful. The above provisions do not apply to signs.

To avoid undue hardship, nothing in these land development regulations shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the adoption or amendment of the city's adopted comprehensive plan and upon which actual building construction has been carried on diligently (see section 2.1 for definition of Actual construction). Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

2.3.1.

Nonconforming lots of record. In a district in which one-family dwellings are permitted, a one-family dwelling and customary accessory buildings may be erected, expanded, or altered on any single lot of record on the date of adoption or amendment of the city's adopted comprehensive plan, whether located within a subdivision or without, but only to the extent of one single-family residence per lot. However, as of the date of adoption or amendment of the city's comprehensive plan, such lots shall not be contiguous with the same frontage to other lot(s) owned by or under contract for deed to the persons applying for the single-family residence building permit.

2.3.2.

Nonconforming uses of land. Where, as of the date of adoption or amendment of the city's adopted comprehensive plan, lawful use of land exists which would not be permitted by these land development regulations, such use may be continued, so long as it remains otherwise lawful, subject to:

1.

Enlargement, increase, intensification, alteration. No such nonconforming uses shall be enlarged, increased, intensified, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of these land development regulations.

2.

Movement. No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of these land development regulations.

3.

Discontinuance. If a nonconforming use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than six consecutive months, any subsequent use of such land shall conform with the regulations specified by these land development regulations for the district in which such land is located.

4.

Structure additions. No structures shall be added on such land, except for the purposes and in a manner conforming with the regulations for the district in which such land is located.

2.3.3.

Nonconforming structures. Where a structure that is not a sign exists lawfully under these land development regulations at the effective date of their adoption or amendment that could not be built under these land development regulations by reason of restrictions on area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to:

1.

Enlargement or alteration. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

2.

Destruction. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50 percent of its replacement value at time of destruction, it shall not be reconstructed except in conformity with these land development regulations.

3.

Movement. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform with the regulations for the district in which it is located after it is moved.

2.3.4.

Nonconforming characteristics of use. If characteristics of use such as residential densities, off-street parking or loading, or other matters pertaining to the use of land, structures, and premises are made nonconforming by these land development regulations as adopted or amended, no change shall thereafter be made in such characteristics of use which increases nonconformity with these land development regulations; provided, however, that changes may be made which do not increase, or which decrease, such nonconformity.

2.3.5.

Nonconforming use of structures and premises. Where a lawful use of a structure that is not a sign, or of a structure and premises in combination, exists at the date of adoption or amendment of the city's adopted comprehensive plan that would not be allowed in the district under the terms of these land development regulations, the lawful use may be continued so long as it remains otherwise lawful, subject to:

1.

Enlargement, extension, alteration, etc. No existing structure devoted to a use not permitted by these land development regulations in the district in which such use is located shall be enlarged or altered by more than 50 percent, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

2.

Extension of use. A nonconforming use may be extended into any part of a building which was manifestly arranged or designed for such use on the date of adoption or amendment of the city's comprehensive plan. A nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy land outside the building or another building or structure on the same lot or parcel not used for such nonconforming use on the date of adoption or amendment of the city's comprehensive plan.

3.

Change in tenancy or ownership. A change in tenancy, ownership, or management of a nonconforming use does not affect the status of the nonconformity, provided [that] there is no change in the nature or character of such nonconforming use.

4.

Change in use. A nonconforming use of a structure, or of a structure and premises in combination, may be changed to another nonconforming use of the same character, or to a more restricted but nonconforming use, provided [that] the board of adjustment finds after due public notice and hearing that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accordance with the intent and purpose of these land development regulations.

5.

Change to conforming use requires future conformity with district regulations. A structure, or structure and premises in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform with the regulations of the district in which such structure is located, and the nonconforming use shall not thereafter be resumed nor shall another nonconforming use be permitted.

6.

Discontinuance. If a nonconforming use of a structure, or structure and premises in combination, ceases for any reason (except where government action impedes access to the premises) for a period of more than six consecutive months, any subsequent use shall conform with the regulations for the district in which the use is located.

7.

Structure additions. No structure shall be added in such premises, except for purposes and in a manner conforming to the regulations for the district in which the premises is located.

8.

Destruction. Should a structure containing a nonconforming use be destroyed by any means to the extent of more than 50 percent of its replacement value at the time of destruction, its status as a nonconforming use is terminated, and it shall not be reconstructed except in conformity with all provisions of these land development regulations.

2.3.6.

Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.

2.3.7.

Uses under special exception provisions not nonconforming uses. Where on the date of adoption of the comprehensive plan, or amendment thereto, the lawful use of land exists which would be permitted as a special exception under the terms of these land development regulations, such use shall not be deemed a nonconforming use in such district, but shall without further action be deemed a conforming use in such district. However any enlargement or expansion of any such uses shall be subject to the procedures for securing special exceptions (see section 11.2).

(Ord. No. 2009-20, § 2, 12-15-2009)

Cross reference— Buildings and building regulations, ch. 14.

Certain land development rights of property owners may be vested with respect to the city's comprehensive plan and these land development regulations adopted to implement the comprehensive plan. For instance, development specifically approved in a Development of Regional Impact development order is vested in accordance with F.S. § 163.3167(8), as amended, and is exempt from the provisions of this section. This section sets forth the procedure for determining those vested rights. A person claiming vested rights to develop property may make application for a vested rights certificate pursuant to this section, notwithstanding the preceding sections.

2.4.1.

Determination of vested rights.

2.4.1.1.

An application for a vested rights certificate may be approved and a vested rights certificate issued if an applicant demonstrates rights that are vested under the standards of this section, subject to the limitation set forth in this section and subject to compliance with such laws and regulations against which the development is not vested. Possession of a vested rights certificate enables a permittee to complete the development approved under such certificate up to and through issuance of appropriate certificates of occupancy.

2.4.1.2.

An application for a vested rights certificate may be filed within one year of the adoption of these land development regulations for the subject property. Except as provided in the section below, failure to file an application within the required period constitutes an abandonment of any claim to vested rights. Judicial relief are not available until administrative remedies set forth in the section are exhausted.

2.4.1.3.

If a property owner is absent from the State of Florida during the entire filing period and does not have an agent present in the state during such period, such property owner may, with documentation sufficient to indicate a probable lack of notice, be granted leave by the city commission to file an application within one year after the individual's return to the State of Florida.

2.4.1.4.

Notwithstanding the provisions of this section, the city commission may, in extraordinary circumstances, allow a property owner to submit an application after the one year deadline where such extension avoids undue hardship to the property owner.

2.4.2.

Standards for vested rights.

2.4.2.1.

An application for vested rights determination shall be approved if the applicant demonstrates:

1.

The applicant:

a.

Owned the property proposed for development on the date of adoption or amendment of the city's comprehensive plan;

b.

Entered into a contract or option to purchase the property on or before such date; or

c.

Presents facts such that it would be inequitable, unjust or fundamentally unfair to deny an application for vested rights where the applicant acquired ownership after such date; and

2.

There was a valid, unexpired act of an agency or authority of government upon which the applicant reasonably relied in good faith; and

3.

The applicant, in reliance upon the valid unexpired act of government, made a change in position or incurred extensive obligations or expenses; and

4.

It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant. In making this determination, the city may consider a number of factors including, but not limited to:

a.

whether construction or other development activity has commenced and is continuing in good faith.

b.

Whether or not the expense or obligation incurred can be substantially used for a development permitted by the city's comprehensive plan and these land development regulations.

2.4.2.2.

The following are not considered development expenditures or obligations in and of themselves without more evidence of actions in reliance unless the applicant was unable to obtain further approvals because of extraordinary delays, beyond the applicants control:

1.

Costs for legal and other professional services that are not related to the design or construction of improvements.

2.

Taxes.

3.

Costs for acquisition of the land.

2.4.3.

Presumptive vesting. Notwithstanding the criteria set forth in this section, presumptive vesting for consistency and concurrency is applied to any structure on which construction has been completed pursuant to a valid building permit such presumptive vesting for the purposes of consistency and concurrency means there is no requirement to file an application to preserve vested rights status.

1.

Presumptive vesting for density only: The following categories of properties are presumptively vested for purpose of density only and shall not be required to file an application to preserve vested rights in this regard:

a.

Lots of record as of the adoption of the city's comprehensive plan, whether located within a subdivision or without, but only to the extent of one single-family residence per lot; however, such lots shall not be contiguous on the same frontage as of the adoption of the city's comprehensive plan to any other lot(s) owned by or under contract for deed to the person(s) applying for the single-family residence building permit; and

b.

Contiguous lots of record as of the adoption of the city's comprehensive plan, whether located within a subdivision or without, where such lots are treated as one lot for one single-family residence.

2.4.4.

Section 380.06 vested rights. Developments of regional impact authorized under F.S. § 380.06 (1987), pursuant to a valid, unexpired binding letter of vested rights issued by the state land planning agency, including approved modifications to such binding letter of vested rights (the "binding letter"), shall automatically qualify for a vested rights certificate to be issued upon completion of the procedure set forth in this paragraph. Such permit shall recognize the vesting of the development as set forth in the binding letter for purposes of the comprehensive plan, from these land development regulations adopted to implement the comprehensive plan and from concurrency. In lieu of subsection 2.4.7 below, such vesting shall continue until development approved in the binding letter is complete or until the expiration or invalidation of the binding letter, whichever occurs first. Notwithstanding subsection 2.4.7, a proposed change to a development vested hereunder shall be reviewed pursuant to the substantial deviation or change criteria provided for in F.S. § 380.06, as amended. A substantial deviation after the date of adoption or amendment of the city's comprehensive plan shall cause those development rights that are the subject of such deviation to become subject to the comprehensive plan, these land development regulations and concurrency requirements. The request for issuance of the vested rights certificate shall consist of the binding letter along with a master plan of development or similar document previously approved by the city commission and submitted to the land development regulation administrator for verification of authenticity. The land development regulation administrator may require additional documents or materials necessary for the city to determine the extent of development vested and to estimate the capital improvements required by the development.

Submission of the binding letter along with the appropriate master plan or similar document and additional materials required by the land development regulation administrator shall entitle the applicant to a vested rights certificate which shall be issued by the city commission upon receipt of verification of authenticity by the land development regulation administrator. Development of regional impact development is vested under section F.S. § 380.06 and for which a binding letter has not been issued shall qualify for a vested rights certificate in accordance with the procedures set forth in these land development regulations, upon establishment, that prior to July 1, 1973, the city issued a building permit or other authorization to commence development and that in reliance on such permit or other authorization there has been a change of position as required under the provisions of F.S. § 380.06(20) vested rights; provided, however, [that] in lieu of the limitation set forth in subsection 2.4.7, such vesting shall continue until such development is complete or until the state land planning agency determines that such development is not entitled to be vested under section F.S. § 380.06, whichever occurs first.

2.4.5.

Statutory vesting. The right to develop or continue the development of property shall exist if:

(1)

A valid and unexpired final development order was issued by the city prior to adoption of this comprehensive plan;

(2)

Substantial development has occurred on a significant portion of the development authorized in the final development order or is completed; or

(3)

Development is continuing in good faith as of the adoption of the city's comprehensive plan.

A "final development order" is a development order which approved the development of land for a particular use of uses at a specified density of use and which allowed development activity to commence on the land for which the development order was issued. "Substantial development" means all required permits necessary to commence and continue the development have been obtained; permitted clearing and grading has commenced on a significant portion of the development; and the actual construction of roads and the stormwater management system on that portion of the development is complete or is progressing in a manner that significantly moves the entire development toward completion.

2.4.6.

Common law vesting. A right to develop or continue the development of property notwithstanding this comprehensive plan may be found to exist if the applicant proves by a preponderance of evidence that the owner or developer, acting in good faith and reasonable reliance upon some act or omission of the city, has made a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right to develop or to continue the development of the property.

2.4.7.

Limitation on determination of vested rights:

2.4.7.1.

Development subject to a vested rights certificate shall be consistent with the terms of the development approval(s) upon which the certificate was based. Substantial deviation from a prior approval, except as required by governmental action, shall cause the development to be subject to policies and implementing decisions and regulations of the city's comprehensive plan. The city commission shall determine if a proposed or actual deviation change is a substantial deviation based upon:

1.

A change in use or intensity of use that would increase the development's impacts on those public facilities subject to concurrency by more than five percent.

2.

A change in access to the project that would increase the development's transportation impacts by more than five percent on any road subject to concurrency unless the access change would result in an overall improvement to the transportation network.

2.4.7.2.

A vested rights certificate applies to the land and is therefore transferrable from owner to owner of the land subject to the permit.

2.4.7.3.

Notwithstanding anything in this section to the contrary, a vested rights determination may be revoked upon a showing by the city of a peril to public health, safety or general welfare of the residents of the city unknown at the time of approval.

2.4.8.

Vested rights applications. Applications for a determination of vested rights shall be submitted to the land development regulation administrator on forms provided by the city. The city shall review the application for sufficiency and an insufficient application shall be returned to the applicant for additional information. Upon acceptance by the city, the application shall be assigned a hearing date. The city establishes the schedule of hearing dates and an application deadline for each hearing.

2.4.9.

Application forms. The application for determination of vested rights shall contain information sufficient to permit a determination by the city pursuant to the criteria set forth in section 2.4.7.