The words, terms and phrases in this section, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Where there is a conflict between the definition of a word as defined in this section and the definition of that same word as defined elsewhere in this Code, the most recently approved definition shall prevail and govern.

Accessory building or structure means a building or structure, the use of which is clearly subordinate or incidental to but customarily related to that of the main building and which is located on the same lot as the main building or structure to which the accessory is subordinate.

Accessory or ancillary use means use of a building, structure or property which is of a nature clearly subordinate or incidental to but customarily related to and serves the principal use of the building, structure or property permitted in the zoning district which it is established.

Alley means any dedicated public way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

Apartment means a building or portion thereof containing one or more residential units having kitchen facilities.

Atrium. See Court.

Buffering means the use of trees, shrubbery, planting, fences, walls, earth berms or open space, as defined in this section, as a screen to soften the visual or aural impact between dissimilar or incompatible uses or developments.

Buildable area of a lot means:

(1)

Gulf front lot means that total area contained within the legal boundaries of the lot including the area of any easements granted to the town for the provision of utility, communications, and telecommunications services but exclusive of governmental right-of-way, any part of the lot seaward of the coastal construction control line and any part of the lot west of the most landward mean high-water line.

(2)

Bay front lot means that total area contained within the legal boundaries of the lot including the area of any easements granted to the town for the provision of utility, communications, and telecommunications services but exclusive of governmental right-of-way, and any part of the lot submerged at mean high tide.

(3)

Interior lot means that total area contained within the legal boundaries of the lot, including the area of any easements granted to the town for the provision of utility, communications, and telecommunications services but exclusive of governmental right-of-way, and any part of the lot submerged at mean high tide.

Building means any walled and roofed structure, either temporary or permanent, which is used or constructed for the shelter, storage, enclosure or security of persons, animals, chattels, equipment, materials or property of any kind.

Building area means the total floor area of all a building's or structure's floors, including but not limited to the following: All habitable floors; all floors below habitable floors which are used for any purpose other than minor storage, the required enclosure of exits or the parking or movement of vehicles; mezzanines; lofts; attics; and the area of that portion of roofs, balconies, equipment or attachments (e.g., heating or air conditioning components) which protrude beyond the exterior line of a building's walls. This measurement will be used in determining a building's or structure's floor area ratio, as hereafter defined in this section.

Building, grandfathered, means any building which, as of July 28, 1981, either was completed or was under construction as authorized by a validly issued building permit or for which a valid application for a building permit, as defined in chapter 18 of this Code, had been received by the town.

Building, main or principal, means any building designed or utilized for the principal use permitted for the lot on which the building is located. In any residential district, any dwelling unit used as a residence shall be considered as a main building on the lot on which it is situated.

Building, multipurpose, means any building or portion thereof containing both residential units and business units. Any such building shall be designed and constructed in accordance with the stricter, safer and more restrictive provisions of the applicable sections of this chapter and building codes, as determined by the authority, i.e., committee or council, authorized to issue the building permit for the building.

Building or structure, lot coverage area, means the total lot coverage, measured in square feet, of the following areas: the area enclosed by the outermost part of the walls of a building or structure, including the area of any inner court or atrium; the area of that part of the roof which projects over or beyond the outermost portion of the walls of a building; the area of any part of any balcony, exterior stairs, and heating and air conditioning units, when such units are not located on top of the building, that is not covered by the roof or any portion of the roof of the building to which the balcony, stairs, and units are attached.

This measurement will be used in determining lot coverage for all buildings which contain only residential units. A swimming pool's area will not be used in determining lot coverage unless the pool is enclosed on at least three sides by walls or fences more than three feet in height. However, a swimming pool enclosed by a chainlink fence or any other open style fence, no more than four feet in height and with at least the topmost one foot unobstructed by vegetation or other material that obstructs vision, shall not be used in determining lot coverage.

Business or commercial unit means a building or portion thereof designed or intended for use in the sale or providing activities related to the sale or providing of goods or services. A building containing only residential units, e.g., a tourist lodging facility or an apartment, is not a business or commercial unit.

Certificate of occupancy means a document required for each residential unit and business unit issued by the town which authorizes the owner of a building or portion thereof to occupy and utilize the building or portion thereof for a use permitted in the zoning district in which the building is located.

Coastal construction control line means a line established within the town's corporate limits in accordance with F.S. ch. 161.

Conditional use means a qualification or modification to limit or define the terms of a special exception.

Condominium means any property which is approved, as provided by law, for the condominium form of ownership.

Court means an open, uncovered, unoccupied area, other than a yard, which is at least partially enclosed, such that at least one wall of the enclosure joins, abuts or is common with a building on the same lot or parcel as the court.

(1)

Outer court means an area, enclosed by walls on not more than three sides and having at least one side which opens onto a street, alley or permanent open space.

(2)

Inner court or atrium means any court enclosed by walls on all four sides.

Density means the total number of residential units, including guest units, which is the maximum number of residential units allowed per buildable acre. The maximum number of residential units that will be permitted for a lot is calculated by multiplying the applicable density for the zoning district wherein the lot is located by the number of buildable acres contained in the lot. If the calculation results in a number containing a fraction, that fraction will be dropped if it is less than one-half in value. A fraction with a value equal to or greater than one-half shall be counted as one residential unit, provided that the percentage increase in density is no more than ten percent of what would have otherwise been permitted if rounding-up were not permitted.

District or zoning district means a defined and designated section of the incorporated area of the town for which there are uniform zoning regulations governing the use of land and the use and construction of buildings and structures.

Dwelling or dwelling unit means a residential unit capable of providing independent living facilities for one family, including but not limited to sleeping accommodations, kitchen facilities and sanitary facilities.

Dwelling, multiple-family, means a building or portion thereof containing two or more residential units.

Dwelling, residential condominium, means a building or portion thereof which is owned in accordance with the applicable laws for the condominium form of ownership and contains one or more residential units.

Dwelling, single-family, means a building or portion thereof containing only one residential unit.

Efficiency apartment means a residential unit which consists of one room having kitchen, dining and sleeping facilities and separate, necessary sanitary facilities.

Fair market value means the value of a building or structure, excluding the value of the land on which it is located, as determined by the county tax appraiser or by a certified property appraiser before any substantial improvement is started or before the occurrence of any damage.

Family means one person or two persons, whether or not related, or parents, with their direct lineal antecedents, descendants, adopted children or domestic employees, together with not more than two other unrelated persons living together in a residential unit and comprising a single housekeeping unit.

Floodplain means the maximum elevation that floodwaters may reasonably be expected to reach in any 100-year period.

Floor means the lower or supporting surface of any building or structure or portion thereof composed of any material, including but not limited to sand, gravel, asphalt, concrete, limestone, metal or wood, with the surface being used by a person for any purpose, including but not limited to standing or walking, placement or storage of objects and movement or parking of vehicles.

Floor area means the total gross area of the floor of any building or portion thereof as determined by measuring between the outside surfaces of exterior walls or other vertical supports as appropriate.

Floor area, gross means the sum of the areas of several floors of a building, including areas for human occupancy in attics, and penthouses, as measured from the exterior faces of the walls, including all floors below habitable floors which are used for any purpose other than minor storage. It does not include unenclosed porches or balconies, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles, or required closure of exits, or any such floor space intended and designed for accessory heating, cooling, and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts, and the area of any inner court or atrium.

Floor area ratio (FAR) means a measurement of intensity of building development on a site. It is calculated by adding together the gross floor area of all buildings on the site and dividing by the buildable area of a lot.

Front of lot means that side of any lot designated as the front by the plat of the subdivision in which the lot is located. In the absence of positive identification by the plat and for those lots or areas which are unplatted, the front of any such lot shall be the narrowest side of the lot which runs most nearly in a north-south direction and abuts or is most nearly parallel to a street.

Garage means a building or portion thereof used primarily for the parking or storage of vehicles.

Grade means the ground elevation established for the purpose of regulating the height of structures, excluding buildings. The grade shall be the average of finished ground level adjoining the structure, measured in feet relative to mean sea level, as determined by the valid survey submitted as part of the application for the project's building permit.

Grade, building, means the ground elevation established for the purpose of regulating the height of buildings or structures. The building grade shall be the average of finished ground level adjoining the buildings at all exterior walls, measured in feet relative to mean sea level, as determined by the valid survey submitted as part of the application for the project's building permit.

Grandfathered building or use means any building or structure or part thereof which was constructed under a validly issued permit and any use which was a permitted use when established, but which building or use is no longer in compliance with all code and ordinance requirements because of later changes or amendments to the codes or ordinances. Section 110-333(b) establishes requirements for grandfathered buildings and uses.

Guest unit means a residential unit consisting of one or more rooms, with three-piece bathroom, but not including a kitchen, which is designated as an integral part of a dwelling unit and which has separate means of ingress and egress, other than by windows, that permit occupancy of the residential unit without interrupting the privacy or activity of the occupants of the remainder of the dwelling unit, thereby creating the possibility of the dwelling unit and the guest unit to be occupied simultaneously and independently by two different families or unrelated groups.

Habitable floor means any floor capable of being used for living, which includes working, sleeping, eating, cooking or recreation or any combination thereof. A floor used only for storage purposes is not a habitable floor.

Hedges/hedgerows are plants, shrubs, or trees located at or near the boundary of a property which are designated as such on approved site plan, or form a continuous visual screen or physical barrier. Hedges and hedgerows shall be maintained at a height as required by section 110-339 of this Code, regardless of the height that a particular species of trees or shrub might attain in a wild or unmaintained condition.

Height, building means the vertical distance from the required minimum piling height to the top of the sidewall. Structures on top of the building related to the installation and operation of elevators, roof access stairways, and solar equipment will not be counted as part of a building's height.

Home occupation means a use conducted entirely within an enclosed dwelling, employing only the inhabitants thereof, which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Specifically excluded is the storage and display of merchandise not produced by such home occupation, any activity involving any building alterations, window display, construction features, equipment, machinery or outdoor storage, any of which is visible from off the lot on which located.

Hotel. See Tourist lodging facility.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to or prevents infiltration by water. It includes surfaces such as compacted sand, limerock, or clay, as well as conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces.

Impervious surface ratio (ISR) means the result obtained by dividing the square footage of all impervious surfaces by the square footage of the buildable area.

Institutional (I) district means a zoning use classification which permits use for institutional facilities such as public buildings, schools, hospitals, churches, nursing homes and other uses which provide various community services.

Interval occupancy facility means a tourist lodging facility under an arrangement or plan whereby the use of one or more residential units has been segmented over time so that owners, lessees or holders, regardless of the form of ownership or form in which the right to use is expressed, of the residential unit have a recurring exclusive right to use of either that residential unit or another residential unit in the same development or in exchange for occupancy of another residential unit at a different location, according to a predetermined fixed schedule, and only if the schedule would permit in any one year a change or turnover of occupancy five or more times. For purposes of this chapter, interval occupancy, timesharing or timeshare lodging, interval ownership and similar uses shall be construed to be the same.

Legal holiday means any one of the following: New Year's Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day, Thanksgiving Day or Christmas Day.

Lot coverage means the percentage of the buildable area of a lot occupied by or proposed to be occupied by buildings, which contain only residential units or structures, and obtained by dividing the building or structure, lot coverage area by the buildable area of a lot. For multipurpose buildings or buildings containing only business units, lot coverage is that percentage obtained by dividing the building area by the buildable area of the lot.

Lot, parcel, tract or other configuration of land means an area of land occupied or capable of being occupied by a building or structure or portion thereof, together with such yards, setbacks and other open areas as are required by this Code.

Mean high water means the average height of the high waters over a 19-year period. (Refer to F.S. § 177.27.)

Mean high-water line means the intersection of the tidal plane of mean high water with the shore.

Mezzanine means an intermediate level between the floor and ceiling of any story and covering less than 33⅓ percent of the floor area immediately beneath.

Minimum piling height means the minimum base flood elevation as shown on the most recent Flood Insurance Rate Map produced by the Federal Emergency Management Agency for the town, plus six feet, as used for regulating the height and side setback of buildings.

Minor improvement means any repair, reconstruction, alteration or improvement, not including additions, of an existing structure, the cost of which is less than 50 percent of the fair market value of the structure either:

(1)

Before the repair or improvement is started; or

(2)

If the structure has been damaged and is being restored, before the damage occurred.

Motel. See Tourist lodging facility.

New construction means any building or structure, the construction or substantial improvement of which is begun after February 23, 1982.

Non-conforming lot means a lot which does not meet the requirements of this Code in terms of area, width, or other dimensions, but which lawfully existed at the time of adoption of this Code.

Non-conforming structure means a structure which does not meet the requirements of this Code in terms of dimensional or intensity requirements, but which lawfully existed at the time of adoption of this Code.

Non-conforming use means the use of a structure or of land which does not meet the use regulations of this Code or the future land use plan, but which was lawfully in existence prior to February, 27, 1990.

Non-residential use means those uses provided for under the respective zoning categories, other than residential.

Open air market means any sale conducted in other than a permanent building, including but not limited to produce markets and flea markets for the sale of new or used merchandise.

Open area means that portion of a lot which is not occupied by a building or structure and which does not contain any part of private driveways and roadways, off-street parking areas, loading and trash pickup areas, swimming pools, structures of any kind except permitted fences, governmental right-of-way, submerged lands or the area west of the coastal construction control line.

Outpatient clinic is a clinic offering a community general diagnoses or treatments without an overnight stay.

Person includes, means and is applied to any natural individual, family, group, firm, partnership, association, joint venture, public or private corporation or a receiver, executor, trustee, conservator or other representative appointed by orders of any court or in any other manner.

Place of public assembly means a building or structure or portion thereof capable of accommodating a congregation, group or gathering of 75 or more persons without violating applicable provisions of the appropriate fire and life safety codes.

Plat means a map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of F.S. ch. 177, and of any ordinances, rules or regulations of the county and the town and includes the terms "replat," "amended plat" or "revised plat."

Preservation (P) district means a zoning use classification which includes those areas appropriate to be classified as natural resource features, areas of significant environmental or ecological importance and areas important to conservation, recreation, habitat for endangered species and quality of both fresh and saltwater resources.

Principal use means the main purpose for which land or a building or structure is arranged, constructed, designed, intended or capable of being utilized or for which land or a building or a structure is or may be occupied.

Project/premises means a lot or parcel of property including all structures and improvements thereon.

Recreation/open space (R/OS) district means a zoning use classification which permits public parks, public recreational facilities, public beach or water access and public or private open space.

Residential equivalent use means a residential-like accommodation other than a dwelling unit, including bed and breakfast, group home, congregate care, nursing home and comparable assisted living facilities. No such use shall be required or eligible to employ the residential equivalent standards for density/intensity for any household that qualifies as a dwelling unit. This use shall not include any type of use authorized by F.S. ch. 419, Community Residential Homes, which is entitled to be treated as a dwelling unit.

Residential/office/retail (ROR) district means a zoning use classification which permits dwelling units, guest units and tourist lodging facility units at a maximum density as provided in section 110-171 et seq. and permits business or commercial units.

Residential unit means a building or portion thereof capable of being used as a temporary or permanent residence for one family and, as a minimum, containing sleeping accommodations and sanitary facilities, although the residential unit may also have kitchen, dining or other living facilities. Examples of residential units include but are not limited to dwelling units, guest units, condominiums, apartments and hotel or motel rooms.

Resolution means an expression of the council concerning matters of administration, an expression of a temporary character or a provision for the disposition of a particular item of the administrative business of the council adopted as provided in F.S. § 166.041.

Resort facilities medium (RFM) means a zoning use classification which permits residential dwelling units, guest units, and tourist lodging facility units at a maximum density as provided in section 110-146 et seq.

Setback means the distance measured from the appropriate property line or boundary or the coastal construction or mean high-water line, in order to provide for the front, side and rear open areas as required by this Code.

Shall, will are mandatory and not directory.

Special district means the Indian Rocks Special Fire Control District, located in the county.

Special exception means a zoning use that would not be appropriate generally or without restriction throughout the particular zoning district or classification, but which, if controlled as to number, area, location or relation to the neighborhood, would not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals and the general welfare.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between such floor and the ceiling next above it. For residential buildings, the lowest habitable floor shall be counted as the first story; however, for any multipurpose building or any building used for business or commercial purposes, the lowest floor shall be counted as the first story.

Street means any accessway or public thoroughfare, including but not limited to alleys, highways, avenues and boulevards, and also all of the land lying between the right-of-way lines for such street, whether improved or unimproved.

Structural alterations means any change in the supporting members of a structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or exterior walls of a structure.

Structure means anything constructed or erected in or on the ground or attached to anything in or on the ground, including but not limited to buildings, sheds, shelters, gazebos, trellises, walls, poles, signs, seawalls, swimming pools and aboveground exterior mechanical equipment, such as air conditioning compressors, pool filters, fans, pumps and tanks, but not including fences. The term "structure" includes the term "building."

Substantial improvement means any repair, reconstruction, improvement or alteration of a structure, the cost of which equals or exceeds 50 percent of the fair market value of the structure either:

(1)

Before the improvement or repair is started; or

(2)

If the structure has been damaged and is being restored, before the damage occurred.

For the purpose of this definition, substantial improvement is started when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. However, the term does not include either any project for health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions or any alteration of a building listed on the National Register of Historic Places or a state inventory of historic places.

Tourist lodging facility means a hotel, motel, motor lodge, tourist court or similar building or group of buildings in which one or more residential units are offered to the public or reserved to private parties and where each such residential unit is intended primarily for occupancy for 30 days or less. A tourist lodging facility may contain kitchen or cooking facilities. A tourist lodging facility is distinguished from an apartment or apartment house in that the persons or families occupying the facility's residential units intend that their occupancy will be temporary. There is a rebuttable presumption that, when the residential unit occupied is not the sole residence of the guest or occupant, the occupancy is tourist. There is a rebuttable presumption that, when the residential unit occupied is the sole residence of the guest or occupant, the occupancy is nontourist.

Transportation/utility (T/U) means a zoning use classification which permits public use for transportation facilities, utility installations, recycling facilities, public works garages and public or private utility services, substations or switching stations or other similar uses intended primarily for the provision of public services.

Use means the purpose for which land or a building or structure is arranged, constructed, designed, intended or capable of being utilized or for which land or a building or a structure is or may be occupied.

Variance means a modification of this chapter as provided in section 110-84.

Yard means an open area on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise may be allowed by this chapter.

Yard, front, means an open area extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot lines and the nearest wall or line of the main building.

Yard, rear, means an open area extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest wall or line of a main building.

Yard, side, means an open area between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from nearest point of the side lot line to the nearest side wall or line of a main building.

Zoning use category or classification means the identification of the use for which a building, structure or lot is or may be occupied. Classifications include but are not limited to resort facilities medium (RFM), residential/office/retail (ROR), preservation (P), recreation/open space (R/OS), institutional (I) and transportation/utility (TU).

(Code 1979, § 23-7; Ord. No. 93-3, § 3, 7-13-93; Ord. No. 95-5, § 1, 3-15-95; Ord. No. 99-1, § 1, 2-9-99; Ord. No. 00-5, § 10, 12-12-00; Ord. No. 2002-2, § 1, 9-10-02; Ord. No. 03-3, § 1, 6-10-03; Ord. No. 04-12, § 1, 8-10-04; Ord. No. 2004-18, § 1, 11-9-04; Ord. No. 2004-22, § 1, 1-11-05; Ord. No. 2006-3, § 1, 3-15-06; Ord. No. 2009-2, §§ 1—3, 3-10-09; Ord. No. 2009-7, § 1, 9-9-09)

Cross reference— Definitions generally, § 1-2.

This chapter applies to all properties and lands located within the corporate limits of the town as they exist or as they may be enlarged or diminished.

(Code 1979, § 23-3)

(a)

It shall be unlawful for any person to construct, erect, alter, repair or demolish any building or other structure within the town without first obtaining the required permits from the town and all appropriate federal, state, regional, county and special district governments and agencies.

(b)

Except as provided in this section, no building or structure may be used, erected or altered nor may any land be used for any purpose other than that permitted in the zoning district in which the building, structure or land is located.

(c)

No lot, parcel or other land area may be so reduced or diminished that the yards, open areas and setbacks become smaller than prescribed in this chapter. Further no yard, open area or setback provided about any building or structure for the purposes of complying with any applicable section of this Code may be considered as providing any portion of a yard, open area or setback for any other building or structure.

(d)

Whenever any existing building or portion thereof for which a certificate of occupancy was previously issued, is structurally altered, the owner will apply to the town for a new certificate of occupancy prior to the use or reoccupancy of the structural alteration.

(e)

In accordance with the applicable provisions of the town's Charter, the owner of any real property located within the corporate limits of the town shall be required to plat the subdivision of any such real property and furnish the town with two copies of the plat after it is properly recorded with the county. No plat subdividing land within the corporate limits of the town shall be entitled to record in the office of the county clerk of the circuit court without written approval of the town council endorsed thereon.

(f)

Discrimination in the construction, location, sale, rental, leasing or providing of housing because of age, race, color, sex, handicap, ethnic background, marital status, household composition or religion is prohibited. The town will, by referral, facilitate the notification of enforcement agencies whenever housing discrimination is encountered.

(Code 1979, § 23-5)

Editor's note— Ord. No. 99-1, § 2, adopted Feb. 9, 1999, repealed § 110-4, which pertained to continuance of existing nonconforming uses, structures and lots. See the Code Comparative Table.

(a)

Revenue and expenditure accounts in the town's general fund are established for the purpose of receiving and accounting for conservation and resource management fees.

(b)

An environmental charge will be imposed, in addition to any other permit fees, in accordance with the following schedule:

(1)

Ten percent of the total building permit fees or $5.00, whichever is greater, for each of the following types of building permits: movement of structure; demolition; roofing; paving; grading; filling; excavating; landscaping with a valuation of more than $500.00; sign; swimming pool; sprinkler system.

(2)

One-tenth of one percent of the valuation of each project for which a building permit is required for construction, provided the valuation exceeds $15,000.00. If any calculation results in a charge containing a fraction of a dollar, the charge will be established at the nearest whole dollar amount. A charge including the fractional value of $0.50 or more will be increased to the next higher whole dollar amount.

(c)

All charges collected in accordance with this section will be used solely for the purposes of maintaining, improving and beautifying the streets, lots and other property to which the town has title of ownership.

(Code 1979, § 23-30)