(a)

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

Abutting. See contiguous.

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

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

Accessway means a paved area intended to provide ingress and egress of vehicular traffic from a public right-of-way.

Acre means a measure of land area containing 43,560 square feet of land or water or combination thereof.

Addition means a structure or a building added to the original structure or building at some time after the completion or issuance of a certificate of occupancy on the original structure or building.

Adjacent means that which lies near or close to and may be separated by streets, ways, easements, pipelines, power lines, conduits, or rights-of-way under ownership of the petitioner, or a governmental agency, or subdivision, or public or private utility.

Adjoining means that which is joined or united, actually touching. See contiguous.

Administrative official means any staff member of the town authorized to enforce, interpret, or administer the regulations of various development regulations, ordinances, or orders.

Adult congregate living facility (ACLF) means an establishment, institution, building, residence, private home, boardinghouse, home for the elderly, or other place, having some or all of the characteristics of homes for the elderly, or other place, whether operated for profit or not, which through its operation provides one or more personal services for seven or more persons not related by blood or marriage to the owner or operator, for a period exceeding 24 hours. Personal services are in addition to housing and food service and include, but are not limited to, personal assistance with bathing, dressing, housekeeping, supervision, eating, supervision of self-administered medication, and assistance in securing health care from appropriate sources.

Adult entertainment establishment means a commercial enterprise which limits admission to adults only owing to the sexual nature of its merchandise or entertainment. Such establishments may include, but not be limited to, adult bookstores, adult theaters, adult lounges, adult restaurants, adult health studios, adult photography studios, adult novelty stores, adult motels or hotels with nude, bottomless or topless entertainment of employees.

Alcoholic beverage means, as defined by state statute, all beverages containing more than one percent of alcohol by weight. The percentage of alcohol by weight shall be determined by measuring the weight of the standard ethyl alcohol in the beverage and comparing it with the weight of the remainder of the ingredients as though the remainder ingredients were distilled water. It is the intent of this subsection that the volume and weight tables for standard ethyl alcohol and distilled water, as established by the National Bureau of Standards, shall be conclusive regardless of the actual weight, which variance from the weight of distilled water is due to the adding of sugar, flavoring, or other ingredients used in making the final product.

Alley means a right-of-way, which affords only a secondary means of access to property, abutting thereon and not intended for general traffic circulation.

All-weather surface means a paved area with asphaltic or concrete material.

Alteration means, as applies to a building or structure, a change or rearrangement in the structural parts of the existing facilities, such as the interior walls and partitions, plumbing, electrical, or mechanical fixtures or an enlargement whether by extending on a side, or by increasing the height, or the moving from one location or position to another.

Amortization means a method of eliminating nonconforming uses by requiring the termination of the nonconforming use after a specified period of time.

Amusement device/coin- or token-operated means any amusement machine or device operated by means of insertion of a coin, token, or similar object for the purpose of amusement or skill, or for the playing of which, a fee is charged. The term "amusement device/coin- or token-operated" does not include vending machines, which do not incorporate gaming, amusement or skilled features, nor does the term "amusement device/coin- or token-operated" include any coin- or token-operated mechanical musical devices.

Anchor store/tenant means the largest retail establishment or major tenant within a shopping center, which draws customers, and thereby generates business for surrounding stores or tenants.

Annexation means the incorporation of land area into the town, with a resulting change in the boundaries of the town.

Apartment means a room or suite of rooms intended or designed for use as a permanent dwelling unit by a single family, including bath and culinary accommodations.

Apothecary means a person who prepares and sells drugs or medicines prescribed by a physician, doctor or dentist; a pharmacist or a druggist; except a dispensing practitioner as defined in F.S. § 465.0276.

Appeal means a means for obtaining review by the zoning board of adjustment, of a decision, determination, order or failure to act pursuant to the terms of this chapter.

Arcade, game/video, means any establishment, room, place or business location in which there are available to the public more than three coin- or token-operated amusement devices which are coin- or token-operated or where a fee is charged for the operation of such devices.

Arcade, structural, means a permanently roofed arched covered continuous area or passageway at ground level, open to a street, plaza, open space or building, which is accessible and open to the public at all times.

Area, minimum building, means the area within the outside perimeter of exterior walls, inclusive of corridors, stairs, closets, thickness of walls, columns or other features and exclusive of areas open or unobstructed to the sky.

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

Automotive, minor repair, means a retail establishment, which shall include those repairs such as brake repair, engine tune-ups, oil changes, and front-end alignments, or any similar work to the engine, drive train, etc., of a motor vehicle.

Automotive paint or body shop means a building or other structure used for painting, repainting, or retouching and/or major nonmechanical repairs and adjustments of motor vehicles.

Automotive service station. See service station.

Awning means any moveable roof-like structure cantilevered, or otherwise entirely supported from a building, so constructed and erected as to permit its being readily moved within a few minutes time to close and opening, or rolled or folded back to a position flat thereof, or which is detachable.

Bakery means an establishment engaged solely in the retail sale to the consumer of products, such as breads, cakes and pies which produce some or all of the products sold on the premises.

Bar means a structure or part of a structure used primarily for the sale or dispensing of alcoholic beverages by the drink. See lounge.

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

Base flood elevation means the height above mean sea level, expected to be reached by the 100-year flood.

Basement means a story situated under a building, the ceiling of which is entirely below grade or less than four feet, six inches above grade. The basement is not considered as part of any living area and shall not be used as living area. However, that portion of the basement above grade shall be considered as part of the overall building height.

Bedroom means a room other than a kitchen, dining room, living room, bathroom or closet, which is marketed, designed, or otherwise likely to function primarily for sleeping purposes.

Belvedere means a structure, such as a summerhouse or an open, roofed pavilion type shelter situated so as to command a particular view, natural feature, or weather variable.

Bicycle path means a six-foot-wide all-weather surfaced area separated from streets and sidewalks designed to be used by nonmotor driven vehicles.

Block means a parcel of land entirely surrounded by streets, streams, railroad right-of-way, parks, or other public space or a combination thereof.

Board of adjustment (zoning) means the officially constructed body of the town, whose principal duties are to hear and decide upon variances from the strict application of this chapter and to hear and decide upon appeals regarding interpretation of the various requirements and regulations set forth therein.

Boarder means an individual other than a member of the family occupying the dwelling unit or part thereof, who, for payment or other consideration, is furnished sleeping accommodations, and may be furnished meals or other services as part of the payment or other consideration.

Boardinghouse means a building other than a hotel, where for compensation pursuant to previous arrangement, lodging, or lodging and meals are provided for three or more boarders.

Bookstore means an establishment engaged in the retail sale of new books, magazines and accessory supplies. The term "bookstore" does not include an adult bookstore which is deemed an adult entertainment establishment and which is provided for elsewhere in this chapter.

Breezeway means a roofed, open-sided passageway connecting two separate structures, or two separate portions of the same structure.

Buffer means land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances. The land area can be a landscape strip.

Buildable area means that portion of a lot or building site remaining for purposes of erecting or constructing a building, after setbacks have been provided.

Building means any structure constructed or built for the support, enclosure, shelter or protection of chattels, persons, animals or the like. The term "building" includes the term "structure" and shall include anything constructed or erected, which requires permanent location on the ground or is attached to anything having a permanent location on the ground.

Building area means the total of all roofed or undercover areas of the principal and accessory buildings.

Building, detached, means a building having no party walls in common with another building.

Building front means that exterior wall of a building which faces a front lot line of the lot.

Building height means the vertical distance measured from a point 18 inches above grade to the highest point of the underside of the finished ceiling line.

Building line means a line on a lot, generally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this chapter. The building line delimits the area in which buildings are permitted subject to all applicable provisions of this chapter.

Building, nonconforming, means a legally existing building which fails to comply with the regulations (for height, number of stories or building size) set forth in this chapter applicable to the district in which the particular building is located.

Building official means the officer, or other designated authority, or duly authorized representative of the town charged with the administration and enforcement of this chapter.

Building permit means the document or certificate issued by the town building official or other designated official, which verifies adherence to all applicable development regulations and gives permission to the permit applicant to proceed with the actions for which the permit was requested.

Building, principal, means a building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

Building site means a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

Bulk means the term used to describe the size of buildings or other structures, and their relationships to each other and to open areas and lot lines.

Bulk regulation means standards within this chapter, which control the height, density, intensity, and location of structures.

Bulkhead means a structural retaining wall built along a body of water behind which fill is placed, commonly referred to as a seawall.

Business service means a commercial activity, primarily conducted in an office, not involving the sale of goods or commodities and not dispensing a personal service, and including such businesses as real estate brokers, insurance agents, accountants, consultants, financial institutions, or any similar use.

Cabana means an enclosed, screened-in structure used for the purpose of private recreational activities of a homeowners' group or condominium association which is an accessory use to a residential use.

Canopy means a roof-like structure composed of any material which projects from the wall of a building and overhangs the building setback line.

Carnival means a traveling amusement show, having a Ferris wheel, assorted rides, ride shows, and/or the like.

Carpentry shop means a commercial establishment in which wood or wood byproduct objects or structures are made, built, constructed, assembled, finished, refinished, or repaired.

Carport means a roofed area open on one, two, or three sides which is freestanding or attached to a building, for the storage of one or more vehicles.

Casino means a building, structure, room, or rooms in which legal gambling is conducted.

Cemetery means a place dedicated to and used or intended to be used for the permanent internment of human or animal remains. A cemetery may contain land or earth internment; mausoleum, vault, or crypt internment; a columbarium or other structure or place used or intended to be used for the internment of cremated human or animal remains; or any combination of one or more of such structures or places.

Centerline. See street, centerline.

Certificate of occupancy means a document issued by the proper authority allowing the occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances of the town.

Charter means the document issued to the town and established pursuant to the applicable laws of the state, creating the town as a municipal corporation and defining its privileges, purpose, powers, and duties.

Chattel means personal property as contrasted with real estate.

Church means a building wherein persons regularly assemble for religious worship which is used only for such purpose and those accessory activities as are customarily associated therewith.

Circus means a traveling or permanent form of entertainment open to the public consisting typically of a variety of performances by acrobats, clowns, and/or trained animals.

City/town planning means the decision making process in which goals and objectives are established, existing resources and conditions are analyzed, strategies are developed, and controls are enacted to achieve goals and objectives as they relate to development within the town.

Clinic means an establishment where patients who are not lodged overnight, are admitted for examination and treatment, by one person or group of persons licensed by the state as a physician, dentist, chiropractor, therapist or other similar health related profession.

Club means buildings or facilities owned or operated by a corporation, association, person or persons for a social, educational, fraternal, civic, religious, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Clubhouse means a fully enclosed, air-conditioned structure used for the purpose of private recreational activities of a homeowners' group or condominium association which is accessory to a residential use and which has offices, meeting rooms, culinary facilities and adequate restroom facilities.

Cluster housing development means a development design technique primarily for residential dwellings that permits units to be grouped or clustered through a density transfer rather than spread evenly throughout a parcel as in conventional lot by lot development. A dwelling unit located above another dwelling unit shall not be considered cluster housing.

Commercial building means a building used only for a commercial use.

Commercial recreation facility means a building, structure, room or rooms, open area, park, playground, or the like which is open to the public for a fee, charge, or gratuity and provides recreation or amusement activities for commercial gain or profit.

Commercial use means an establishment which supplies commodities and services to the general public, including retail consumer goods, professional, business, and personal services.

Commercial vehicle means any vehicle of any nature which is used for hire or for profit.

Common area means the total area not designed for rental to tenants and which is available for common use by all tenants and their invitees, including, but not limited to, such areas as parking lots and their appurtenances, lobbies, sidewalks, landscaped areas, public restrooms, loading and service facilities, etc.

Common property line means a line dividing one lot from another.

Community center means a building or structure used for recreational, social, educational and cultural activities, usually owned and operated by a public or nonprofit group or agency.

Community residential home means a means an establishment, institution, building, residence, private home, boardinghouse, home for the elderly, or other place, having some or all of the characteristics of homes for the elderly, or other place, whether operated for profit or not, which through its operation provides one or more personal services for six or fewer persons. Personal services are in addition to housing and foodservice and include, but are not limited to, personal assistance with bathing, dressing, housekeeping, supervision, eating, supervision of self-administered medication, and assistance in securing health care from appropriate sources. All community residential homes shall comply with the minimum standards set forth in F.S. § 419.001(2).

Comprehensive plan means the composite of the town comprehensive plan, comprised of the goals, objectives, policy statements and all accompanying maps, charts, and explanatory material, as adopted by the town council, and all amendments thereto, in accordance with the state appropriate statutory requirements.

Conditional use. See special exception.

Confectionery means an establishment engaged solely in the preparation and production of candy products for direct retail sale to the consumer on-premises.

Contiguous means lands are contiguous if they actually touch each other.

Convenience store means a small to medium size retail store generally opened for extended hours of business, selling prepackaged food, ready to eat food, beverages, dairy products and sundries, offering a limited selection of items and brands operated usually by one clerk acting as a cashier at a central check-out counter, catering to shoppers who desire to hand pick their items and complete their purchase in a minimum shopping time interval, typified by the 7-11, Circle K, Stop and Go and Cumberland Farms stores.

Convent. See parish house.

Corner lot. See lot, corner.

Court means an open unoccupied space on the same lot as the principal building and fully enclosed on at least two adjacent sides by walls of the building.

Coverage, ground. See lot coverage.

Crematory means a facility where dead human or animal bodies or remains are reduced to a residue, including bone fragments, by direct flame, also known as cremation, or by intense heat, also known as calcination.

Curb means a stone or concrete boundary usually marking the edge of a roadway or paved area.

Curb cut means an indentation or depression through or into a raised curb, forming a driveway or walkway.

Day care facility, child or adult means any facility which provides care or instruction for a period of less than 24 hours a day to five or more children under 12 years of age or to five or more adults.

Dedication means the transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee simple interest or of a less than fee interest, including an easement.

Density means the relationship between the number of existing or proposed amount of dwelling units on a specific land area, expressed in terms of the ratio of the number of units in relation to the land area included within the building site.

Developer means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter.

Development means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land or any clearing, grading, or other movement of land, for which permission may be required pursuant to this chapter.

District means any certain described area of the town to which these regulations apply and within which the zoning regulations are uniform.

Drainage means the removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation or prevention or alleviation of flooding.

Drive-in ordrive-through facility means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

Driveway means that space specifically designated and reserved on the site for the movement of vehicles from one site to another, to provide internal vehicular movement on the site or to move vehicles from a site to a public street.

Drugstore means a store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines but where nonmedical products are sold as well.

Dwelling means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, boardinghouses or lodginghouses.

Dwelling, attached, means one which is joined to another dwelling at one or more sides by a party wall or walls.

Dwelling, detached, means one which is entirely surrounded by open space on the same lot.

Dwelling, duplex. See dwelling, two-family

Dwelling, multiple-family, means a building or portion thereof used for occupancy by three or more families, living independently of each other, and doing their own cooking in the building.

Dwelling, single-family, means a building containing only a single dwelling unit.

Dwelling, two-family, means a building containing two dwelling units.

Dwelling unit means one or more rooms in a residential building or residential portion of a building, which are arranged, designed, used or intended for family purposes and which include lawful cooking space and lawful sanitary facilities reserved for the use of the single-family occupants thereof.

Easement means any strip of land created by a subdivider or granted by the owner, 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.

Egress means an exit.

Elevation means:

(1)

The vertical distance above or below a fixed reference level, usually mean sea level 0.00 feet.

(2)

A flat scale drawing of the front, rear, or side of a building or structure.

Eminent domain means the authority of the town or other government agency to take, or to authorize the taking of, private property for public use.

Encroachment means any protrusion of a vehicle outside of a parking space, vehicular use area or accessway into a landscaped area. There shall be no encroachment over or into a required landscaped area. Car stops shall be placed at least two feet from the edge of such landscaped area. In order to prevent encroachment and maintain a neat and orderly appearance of all planting islands adjacent to accessways and/or traffic, a proper protective curbing is required. Where car stops in parking spaces prevent encroachment, no other curbing is required. To enter gradually or by stealth, to trespass, to invade, as the rights of another.

Engineer, registered, means a professional engineer registered by the state and experienced in the field of civil engineering.

Enlargement orto enlarge means an enlargement is an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. To enlarge is to make an enlargement.

Erect means to build, construct, reconstruct, attach, hang, place, suspend or affix.

Establishment means an economic unit, generally at a single physical location, where business is conducted or services are offered.

Exaction means a contribution or payment required as an authorized precondition for receiving a development permit.

Existing use means the use of a lot, structure, or building, at the time of the enactment of this chapter.

Family means any number of persons related by legal adoption, blood, a licit marriage, or a group of not more than three persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.

Fence means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Financial institution. See business service.

Firewall means a fire resistive wall, having protective openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof and shall have sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall.

Flood hazard boundary map means a map of the town issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazard have been designated as Zone A.

Flood insurance rate map means a map of the town on which the Federal Insurance Administration had delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

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

Flood, 100-year, means the highest level of flooding that, on the average, is likely to occur once every 100 years, i.e., that has a one percent chance of being flooded each year.

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

(1)

The overflow of inland or tidal waters; and

(2)

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

Floodplain (or flood-prone area) means a land area adjoining a river, stream, watercourse, ocean, bay or lake, which is likely to be flooded.

Floodplain area having special flood hazards means that maximum area of the floodplain that, on the average, is susceptible to the 100-year flood.

Floodway means the channel of a canal or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.

Floor means the top surface of an enclosed area in a building, including the basement, i.e., top of slab in concrete construction or top of wood flooring in wood frame construction. The term "floor" also includes the floor of a garage used solely for parking vehicles.

Floor area, gross, means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

Floor area, ground, means the square footage area of a building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior stairways, secondary stairways, and drive-thru teller lanes or walkup windows of financial institutions. Ground floor area is the total area used by the town in determining the percentage of lot coverage.

Floor area, minimum. See minimum required living area.

Floor area ratio means the maximum square footage of the total floor area permitted for the total square footage of land area.

Floor, habitable, means the total floor area of all of the rooms in a dwelling unit, designed for residential occupancy.

Garage means a building or space used as an accessory to, or a part of a main building permitted in any residence district and providing for the storage of motor vehicles.

Garage, parking, means a building or portion of a building, or area beneath a building or structure, except those described as a private garage, used for the parking only of automotive vehicles.

Garage sale or estate sale means an occasional or periodic sales activity within a building, structure or open area, where an individual owner or resident offers goods, new and used for sale to the public. The term "garage sale" or "estate sale" does not include flea markets.

Gas station. See Service station.

Gazebo means a pavilion, belvedere, summerhouse, or other similar structure. See belvedere.

Government service means any function, facility or utility of the United States, state, county, town, or other district of governmental unit.

Grade means a reference plane representing the highest point of the crown of any public or private street or roadway which lies contiguous to the property or building site. If the abutting streets or roadways are unimproved, grade shall be measured from the nearest paved roadway.

Grass means green herbage, commonly referred to as grass, which is commonly grown year-round in South Florida. Grass shall also include artificial or permanent grass.

Gross floor area. See Floor area, gross.

Gross land area means the total area, including all public and private areas within the legal boundaries of a particular parcel of land or project, and structure thereon.

Ground cover means low growing living plant material or inanimate material.

Ground floor area. See floor area, ground.

Habitable floor. See floor, habitable.

Hazardous material means and includes, but is not limited to, inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; coal, tar acids such as phenol and cresols and their salts and all radioactive materials.

Hedge means solid and unbroken visual screen of self-supporting living plant material.

Home occupation means any nonretail activity carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit. Such home occupation must comply with the regulations set forth in this chapter.

Homeowners' association means a community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.

Hospital and full service medical facilities means a facility licensed by the state, which maintains and operates organized facilities for one or more persons, for medical or surgical diagnosis, care, and other treatment of human illness.

Hotel means any building principally containing sleeping rooms in which transient guests are lodged with or without meals, with no provisions made for cooking in any individual room or suite. Such facility may have one or more dining rooms, restaurants or cafes as accessory uses. Such facility would also structurally and for purposes of safety be obliged to conform to the laws of the state regulating hotels.

Impervious surface means impervious surfaces are those which do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks and any areas of concrete or asphalt.

Implementation means the carrying out or fulfilling of established plans, proposals or policies.

Improvement means any building, structure, place, work of art, or other object constituting a physical betterment of real property, or any part of such betterment.

Inanimate material means rocks, pebbles, mulch, gravel, driftwood, bark, pine needles, wood shavings, garden ornaments, statuary sculpture or similar inanimate objects.

Incombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit, and will not continue to burn or glow at that temperature.

Incompatible use means a use which is incapable of existing in harmony with other uses situated in its immediate vicinity.

Indoor amusement means establishments engaged in providing for entertainment indoors for a fee or admission charge, including such activities as bowling, pool, billiards, arcades which feature coin- or token-operated devices, such as pinball and video games, with three or more devices. See arcades.

Industrial operation means a tract of land or establishment upon or within which a mechanical or chemical transformation of materials or substances into new products takes place, including the assembling of component parts, the manufacturing of products, or the blending, building, repairing, refinishing, or storing of materials such as lubricating oils, plastics, resins, liquors, metals, products, woods, cloths, or the like.

Ingress means access or entry.

Institution means a nonprofit corporation or a nonprofit establishment for public or quasi-public use.

Intent means the object or statement of purpose toward which any section of this chapter strives or for which it exists.

Interior parking strip means any parking space which is not adjacent to a required landscape strip.

Intersection means any street or public way or court which joins another at an angle, whether or not it crosses the other.

Kennel, commercial, means any building and/or land used, designed or arranged to facilitate the raising, breeding, boarding, grooming, and medical treatment, for profit, of such domesticated animals as dogs and cats.

Kennel, private, means any building and/or land designed or arranged for the care of dogs and cats belonging to the owner of the principal use, kept for purposes of show, hunting, or as pets.

Kitchen means a space used or designed to be used for the preparation of food.

Laboratory means:

(1)

Clinical. A laboratory where examinations are performed on materials or specimens taken from the human body, to provide information or materials for use in the diagnosis, prevention, or treatment of a disease or the assessment of a medical condition. No manufacturing shall be conducted in connection with such facility. The use or production of any hazardous materials or toxic pollutants is strictly prohibited.

(2)

Testing. A building or part of a building devoted to the testing and analysis of any product. No manufacturing is conducted on the premises except for experimental or testing purposes.

Land use means the description of how land is occupied or utilized.

Land use plan means that element of the town comprehensive plan containing both text and map depicting the existing and proposed location, extent and intensity of the development of land to be used in the future, for varying types of residential, commercial, recreational, educational and other public and private purposes or combination of purposes.

Landscape architect means a landscape architect registered by the state.

Landscape plan means a detailed sketch to scale illustrating the type, size, location and number of plants to be placed in a development.

Landscape strip means a strip of land along the perimeter of the site containing trees, barriers, ground cover and/or other plant material.

Landscaping. Refer to chapter 121.

Laundromat means an establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public.

Laundry and dry cleaning means a retail service, which provides for the washing, drying, dry cleaning, and/or ironing of any natural or manmade fabrics. The equipment or machinery necessary to perform such service is not accessible to the general public.

Legal access means a dedicated or recorded right-of-way, lane, place, alley, or easement, excluding utility and drainage easements, affording perpetual ingress and egress from a property to a public roadway.

Licensing officer means the duly authorized representative of the town charged with the administration and enforcement of the business licensing and/or the issuance of town occupational licenses.

Living area, minimum. See minimum required living area.

Living plant material means grass, ground cover, shrubs, vines, hedges, and trees or palms.

Loading space, off-street, means an off-street loading space of not less than 12 feet wide, 50 feet long, and having a minimum vertical clearance height of 14 feet, exclusive of access aisles and drives, for the short-term parking of a vehicle while loading or unloading merchandise or materials.

Lot means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. Such lot shall have access to a public street, and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

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

(4)

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

Lot area means the total horizontal area included within lot lines.

Lot area per dwelling unit means that portion of the lot area required for each dwelling unit located on the lot.

Lot, corner, means a lot or parcel of land abutting upon two or more streets, at their intersection, or upon two parts of the same street, forming an interior angle of less than 135 degrees.

Lot, coverage, means that portion of the area of a lot, expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise covered.

Lot, depth, means the mean horizontal distance between the lot frontage and the rear lot line of the lot, measured within the boundaries of the determined lot width.

Lot, frontage, means the front of an interior lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under yards in this section.

Lot, minimum area of, means the smallest lot area established by the zoning chapter, on which a use or structure may be located in a particular district.

Lot, rear. See Property line, rear.

Lot, reverse frontage, means a through lot which is not accessible from one of the parallel or nonintersecting streets upon which it fronts.

Lot, side. See Property line, side.

Lot, through, means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

Lot, width, means the mean horizontal distance between the side property lines, measured along the established building line or setback line, or if no setback line is established, the distance between the side property lines measured along the street line.

Lot line means the boundary of a lot.

Lot of record means a lot which exists as shown or described on a plat or deed, in the records of the county.

Lounge means a building or portion of a building, wherein alcoholic beverages are sold by the drink and consumed on the premises.

Main building. See building principal.

Manufactured home. See mobile home.

Manufacturing. See industrial operation.

Map, official zoning. See official zoning map.

Marquee. See canopy.

Massage means the manipulation of the superficial tissue of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy or thermal therapy, or any electrical or mechanical device, or the application to the human body of a chemical or herbal preparation. Any and all of the above shall be as defined, permitted, and licensed by the state.

Massage parlor/establishment means a site, or premises, or portion thereof, as licensed by the state upon which a masseur practices massage.

Masseur means a person, including a masseuse, certified as required by the state, who administers massage for compensation.

Master plan. See comprehensive plan.

Mean means the average of a number of figures, computed by adding up all figures and dividing by the number of figures.

Metes and bounds means a method of describing the boundaries of land, by directions and distances from a known point of reference.

Minimum building area. See area, minimum building.

Minimum required living area means the area of the floor measured from the inside of the exterior walls to the inside of dividing walls, excluding the area for garages, whether separate or integral, carports, open porches, open breezeways, or storerooms not accessible from the interior of the building.

Mixed use zoning means zoning which permits a combination of usually separated uses within a single development.

Mobile home means a manufactured, detached, transportable single-family dwelling unit, designed for long-term occupancy and arriving at the site where it is to be occupied as a complete dwelling unit, containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems. Any such vehicle or structure shall be deemed to be a mobile home, whether or not the undercarriage and axles have been removed therefrom, and whether or not resting upon a temporary or permanent foundation.

Moratorium means a temporary halting or severe restriction on specified development activities.

Motion picture theater. See Theater.

Motel means a building or group of buildings, which contain sleeping accommodations for transient occupancy, and which has individual entrances from outside the building to serve each such sleeping unit. No provisions shall be made for the cooking in any individual room or suite of rooms. Motels may have one or more dining rooms, restaurants or cafes as accessory uses.

Motorhome. See recreational vehicle.

Multiple-family dwelling. See dwelling, multiple-family.

Municipal building. See public building.

Nightclub means a commercial establishment usually open for extended hours or late at night which provides food, drink, and/or entertainment.

Nonconforming building or structure means a structure or building existing at the time of the passage of the ordinance from which this chapter is derived, or amendment thereto, which does not conform to the regulations of area, height or lot coverage, or other like requirements of the district in which it is located.

Nonconforming lot means any lot which was lawfully created prior to the enactment of this chapter, but which now fails to conform to all applicable provisions of this chapter.

Nonconforming use means a land use existing at the time of the passage of the ordinance from which this chapter is derived, or amendment thereto, which does not conform to the provisions, requirements and regulations of the district in which it is located.

Nuisance means anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses.

Nursery means land or greenhouses used to raise flowers, shrubs and plants.

Nursing and convalescent facility means a building, or a group of buildings where for compensation pursuant to the previous arrangement, care is offered or provided for three or more persons suffering from illness, other than a contagious disease, or sociopathic or psychopathic behavior which is not of sufficient severity to require hospital attention, or for three or more persons requiring further institutional care after being discharged from a hospital, other than a mental hospital.

Occupancy means and pertains to and is the purpose for which a building or premises is used, or intended to be used.

Occupant means the person or persons in actual possession of premises.

Occupation means gainful employment in which a person engages to earn compensation for the necessities of life.

Off-site sign. See sign off-site.

Off-street parking space means an area designated for the temporary parking of a motor vehicle, which is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.

Office means a room, suite of rooms, or building in which a person transacts his business, or carries on his stated occupation.

Official zoning map means the official map of the town upon which the boundaries of each district are designated and established as approved and adopted by ordinance of the town, made a part of the official public records of the town, and which is the final authority as the zoning status of land and water areas, buildings and other structures in the incorporated area of the town.

Open space means an exterior open area, clear from the ground upward, devoid of residential and commercial buildings, accessory structures and impervious areas; including drainage retention areas, not to include recreation buildings.

Open space, common, means any open space under common ownership and control.

Out parcel means a tract of land of any size or dimension, which is not included in a land development proposal or site plan and is specifically indicated as such on the proposal or plan.

Outdoor display. See outdoor storage.

Outdoor sales means the selling of any goods, material, merchandise, or vehicles for more than 24 hours, in an area open to the sky and/or visible from adjacent properties or rights-of-way.

Outdoor storage means the keeping of any goods, material, merchandise, or vehicles for more than 24 hours, in an area open to the sky and/or visible from adjacent properties or rights-of-way.

Overhang means:

(1)

The part of a roof or wall which extends beyond the facade of a lower wall; and

(2)

The portion of a vehicle extending beyond the wheel stops or curb.

Pain management clinic.

(1)

The term "pain management clinic" means a privately owned clinic, facility, or office, which:

a.

Advertises in any medium for any type of pain management services; or

b.

Employs a physician primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications. A physician is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer which persists beyond the usual course of the disease or the injury that is the cause of the pain beyond the usual course of the disease or the injury that is the cause of the pain or more than 90 days after surgery; and

c.

Is required to register with the state department of health pursuant to F.S. § 458.3265, as it may be amended, regardless of whether such registration is pending, denied or revoked.

(2)

The term "pain management services" means the treatment of chronic nonmalignant pain by prescribing or dispensing controlled substance medications.

(3)

A pain management clinic shall not be considered a medical or dental office.

Parcel means a lot or tract of land.

Parish house means a residential building or buildings, owned by a bona fide church or religious center for the sole purpose of providing living facilities for a priest, pastor, deacon, nun, or other similar authority or employee of such church or center.

Parking access means the area of a parking lot that allows motor vehicles ingress and egress from the street.

Parking area means the total area devoted to the parking and maneuvering of vehicles.

Parking lot means an area or plot of ground used for the temporary parking of motor vehicles either for compensation or to provide an accessory service to a business or residential use.

Parking space means a surfaced area, enclosed or unenclosed which is sufficient in size and is specifically designed for the sole purpose of parking one automobile.

Partition means an interior wall, other than folding or portable, that subdivides spaces within any story, attic or basement of a building.

Party wall means a common shared wall between two separate structures, buildings, or dwelling units.

Patio means an open unoccupied space which may be practically enclosed by wall, fence, or building and not considered part of the residential living structure.

Performance guarantee means any security that may be accepted by the town as a guarantee that improvements required as a part of an application for development are satisfactorily completed.

Permissible use means any use authorized in a particular zoning district, whether a permitted use, a conditional use or a special exception use.

Permit. See building permit.

Permitted use means any use allowed in a zoning district and subject to the provisions and regulations applicable to that zoning district.

Personal service means establishments primarily engaged in providing services involving the care of a person or his apparel. Such services may include, but are not limited to, beauty parlors, shops or salons, barbershops, massage or any similar use not involving the sale of any retail product.

Pharmacy means a place where drugs and medicines are prepared and dispensed by filling of medical prescriptions.

Planned commercial development means an area of a minimum contiguous size, as specified by this chapter, to be planned, developed, operated and maintained as a single entity, containing one or more structures to accommodate commercial or office uses, or both, and appurtenant common areas and other uses incidental to the predominant uses.

Planned unit development means a land area under unified control designed and planned to be developed in a single operation or by a series of prescheduled development phases according to an officially approved master plan which does not necessarily correspond to the property development and use regulations of the zoning district in which the development is located.

Planning board means the duly designated body of the town whose principal duties are the review of development and other zoning related matters, to act as a technical advisory body, and to make recommendations and findings of fact to the town council for its action as the officially designated local planning agency for the town.

Plat (record plat) means a map, suitable for recording in the public records of the county depicting the division or subdivision of land into lots, blocks, parcels, tracts, or other portions thereof, however, the same may be designated, prepared in accordance with the provisions of this chapter and those of any applicable law and/or local ordinance.

Plumbing shop, sales/service, means a commercial establishment in which the pipes, fixtures, or other apparatus of a water, gas, or sewage system are sold, repaired, rebuilt, refinished, stored or the like.

Premises means a lot, parcel, tract or plot of land together with the buildings and structures thereon.

Principal building. See building principal.

Principal use means the primary or predominant use of any lot or building.

Printing/publishing establishment. See industrial operations.

Private means intended for or restricted to the use of a particular person, group, or company.

Professional office means the office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical, or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an art founded thereon.

Professional service means the conduct of business in any of the following related categories: architectural, engineering, planning, law, medicine, music, art, interior design, dentistry, accounting, insurance, real estate, finance and securities investment and any similar type profession.

Prohibited use means a use that is not specifically listed as a permitted or permissible use in any zoning district.

Property line, front. See lot frontage.

Property line, rear, means a property line opposite and most distant from the lot frontage. For a triangular lot, the rear property line shall mean a line ten feet in length, within the lot parallel to the lot frontage line, or parallel to the chord of a curved lot frontage line, and at the maximum distance from it. For irregular shaped lots, where it may be difficult to determine the actual rear lot line and appropriate yard requirements, such determination shall be made by reference to the particular lot line and yard established from the common property lines of abutting lots.

Property line, side, means a property line which transects or runs generally perpendicular to the lot frontage or rear property line, connecting the frontage and rear property line. For irregular shaped lots, where it may be difficult to determine the actual rear lot line and appropriate yard requirements, the determination shall be made by reference to the particular lot line and yard established from the common property lines of abutting lots.

Public agency means any government or governmental agency, board, commission, authority, or public body of the town, county, state, United States of America, or any other legally constituted district.

Public area means public parks, playgrounds, trails, paths and other recreation areas and other public open spaces; scenic and historical sites; schools and other public buildings or structures.

Public building means any use controlled exclusively for public purposes by any department or branch of state, county, or municipal government.

Public facility means that which is controlled exclusively for public purposes by any department or branch of government, state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated.

Public hearing means a meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

Public notice means the advertisement of a public hearing in a paper of general circulation in the area, and through other media sources, indicating the time, place and nature of the public hearing.

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

Public utility. See public use/public facility.

Quorum means a majority of the full authorized membership of a board or agency.

Recreation facility means a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.

Recreational vehicle/motor home means a unit primarily designated as temporary living quarters for recreational, camping, travel or entertainment and uses associated therewith, which either has its own motor power or is mounted on or drawn by another vehicle, which is designed and constructed to travel on public thoroughfares without special permit in accordance with the provisions of the state vehicle code.

Religious center means a structure or place which is specifically designed and only used for the organized worship, ceremonies, rituals and education pertaining to a particular system of beliefs.

Rent means a periodic payment, made by a tenant, to his landlord for the use of land, buildings, structures or other property, or portions thereof.

Repair service, commercial, means a commercial establishment in which radios, televisions, small household appliances, exclusive of refrigerators, stoves, or ovens, furniture, and the like are restored to sound condition after damage, injury, or deterioration. This use shall in no way include any automotive or vehicular repair services or shops.

Residence. See dwelling unit.

Restaurant means an establishment within a building whose primary business is the sale of food and beverages, including alcoholic beverages when served on the premises with food to a patron, and whose design and method of operation includes all the following:

(1)

Each patron places their order at their table or counter from an individual handheld menu, which displays or describes the food and beverages available to them.

(2)

Food and beverages in primarily non-disposable containers are regularly served by an employee and consumed by patrons while seated at their table or counter.

(3)

Preparation, service and consumption of food and beverages primarily takes place within a completely enclosed building.

Restaurant, other, means any establishment within a building whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation is that of a fast-food or drive-in restaurant offering quick food service, where orders are generally not taken at the customer's table and includes one or more of the following characteristics:

(1)

Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises.

(2)

Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic, or other disposable containers.

(3)

The consumption of foods, frozen desserts or beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged, or permitted.

Restriction means a limitation on property which may be created in a property deed, lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development.

Retail means the selling of goods in small quantities directly to the consumer.

Retail service means establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, financial institutions, real estate and insurance brokers, personal services, motion pictures, amusement and recreation services, health, educational and social services.

Retaining wall means a structure constructed to hold back or support an earthen bank.

Reverse frontage. See lot, reverse frontage.

Rezoning means the legal process by which changes are made to the boundaries of a zoning district, or where new boundaries are established for a zoning district, or the reclassification of an area from one zoning district to another.

Right of access means the legal authority to enter or leave a premises.

Right-of-way means a strip of land dedicated or deeded to the perpetual use of the public, such as, but not limited to, roadways, sidewalks and crosswalks.

Road. See street.

Roof means the outside top covering of a building.

Roomer. See boarder.

Roominghouse. See boardinghouse.

Salvage yard means a lot, parcel of land, or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded materials; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition; or the sale of parts thereof.

Satellite television antenna system means a system of equipment designed to receive satellite television and radio signals for distribution to private residences including both single-family dwellings, multifamily dwellings and commercial establishments. The term "satellite television antenna system" includes the terminology "television dish," or "television disc" or "television disk."

Scale means the relationship of distances on a map, site plan, or other graphic representation, as they relate to actual ground distance.

School means any building or group of buildings, the use of which meets state requirements for primary, secondary, postsecondary or vocational education.

Screened/screening means obscuring or concealing an area, nearby structure or use through the installation of walls, opaque fencing, plant material or a combination thereof in a manner that conforms to the maximum height requirements according to town codes.

Service station means any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use, the sale and installation of lubricants, tires, batteries and similar accessories.

Setback means a line running a certain distance back from and parallel with the property lines, wherein no structure, building or portion thereof shall be permitted, erected, constructed, or placed unless specifically permitted by this chapter.

Setback line means that line which is the required minimum distance from the street right-of-way line, or any other lot line that establishes the area within which the principal structure must be erected or placed. See building line.

Sheet metal shop. See industrial operation.

Shopping center means a group of commercial establishments planned, developed, managed and operated as a unit, with off-street parking provided on the property, and related in its location, size and type of shops to the trade area which the unit serves.

Shrub means a self-supporting woody evergreen or flowering species of low stature normally characterized by persistent stems and branches springing from the base.

Side yard. See yard, side.

Sidewalk means a concrete, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway. See walkway.

Sign means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

Sign, off-site, means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

Single-family dwelling. See dwelling, single-family.

Site means any plot or parcel of land or combination of contiguous lots or parcels of land.

Site plan means a graphic plan and information representation drawn to scale depicting uses and structures proposed for a parcel of land as required by the regulations set forth within this chapter.

Slope means the degree of deviation of a surface from a horizontal plane, usually expressed in percent or degrees.

Special assessment means a fee levied by the town or county for the financing of a local improvement that is primarily of benefit to the landowners who must pay the assessment.

Special exception means 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 is permissible. Such uses may be permissible in such zoning districts as special exceptions as outlined in the applicable zoning district.

Specified anatomical area means:

(1)

Less than completely and opaquely covered human genitals, pubic area, buttock, or female breast below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Storage, open. See outdoor storage.

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, then the space between the floor and the ceiling next above it and including those basements used for the principal use.

Street means a strip of land, owned privately or publicly, which affords the principal means of access to abutting property. The term "street" includes road, thoroughfare, parkway, avenue, boulevard, expressway, land, place, square, or however otherwise designated within the above-mentioned right-of-way.

Street centerline means the line midway between the street right-of-way lines or the surveyed and platted centerline of a street, which may or may not be the line midway between the existing right-of-way lines.

Street centerline setback means the minimum distance measured from the street centerline required for the preservation of existing right-of-way and future right-of-way expansion.

Street frontage means all the property on one side of a street between two intersecting streets (crossing or terminating), or if the street is a dead-end, then all of the property abutting one side between an intersecting street and the dead-end of the street.

Street line means the line between the street and abutting property, also referred to as right-of-way line.

Structural alteration. See alteration.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" shall be construed as if followed by the words "or part of."

Structure, accessory. See accessory building, structure, or use.

Subdivision means one of the following:

(1)

A tract of land which is to be platted, improved and divided into lots for sale.

(2)

A tract of land upon which an apartment, a multiple-dwelling, or two or more buildings, excluding accessory buildings such as garages, are to be constructed.

(3)

The dedication by plat of a public right-of-way or easement over, through or across a tract regardless of area.

(4)

The resubdivision of land heretofore divided or platted into lots, sites or parcels.

(5)

See development.

Survey means:

(1)

The process of precisely ascertaining the area, dimensions and location of a piece of land, and any buildings and improvements located thereon.

(2)

The representation which graphically displays the area, dimensions and location of a piece of land, and any buildings and improvements located thereon.

Surveyor means a land surveyor registered in the state.

Swale means a depression in the ground which channels surface stormwater runoff.

Swimming pool means any confined body of water, located either above or below the existing finished grade of the site, exceeding 150 square feet in surface area, and two feet in depth, designed, used, or intended to be used for swimming or bathing purposes.

Synthetic plant material means synthetic or artificial materials in the form of trees, shrubs, ground covers, or vines, which shall not be used in lieu of the plant requirements stated in this chapter.

Temporary means established for a fixed period of time, with the intent to discontinue upon the expiration of the time period.

Temporary structure means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. This shall include, but not be limited to, construction trailers and associated facilities subject to approval by the town council.

Temporary use means a use established for a fixed period of time, with the intent to discontinue such use upon the expiration of the time period.

Tenant means an occupant of land or premises, who occupies, uses and enjoys real property for a fixed time, usually through a lease agreement with the property owner and with the owner's consent.

Tennis court means an improved area used for playing tennis.

Theater means a building or part of a building, devoted to showing motion pictures, or for dramatic, musical or live performances, not to include adult entertainment establishments.

Time-share use means any dwelling unit, accommodation, facility, or establishment under which the exclusive right of use, occupancy or possession circulates among various occupants in accordance with a fixed time schedule on a periodically occurring basis for a period of time established by such schedule.

Tire store means a retail establishment in which the principal use is the sale and repair of automobile tires and the minor repair of automobiles.

Townhouse means a single-family dwelling of at least two stories, designed in such a manner so as to provide direct access to the outside, no such unit is located over another unit, connected by one or more common fire resistant walls.

Toxic pollutants means a combination of pollutants including disease-carrying agents which, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism can cause death or disease, mutations, deformities, or malfunctions in such organisms or their offspring.

Trailer. See mobile home.

Travel trailer. See recreational vehicle.

Tree means a self-supporting woody plant of a species having an average mature crown spread of 15 feet or greater when growing in the town, and having a trunk that eventually can be maintained in a clean condition, clear of lateral woody growth of five feet or greater.

Triplex. See dwelling, multiple-family.

Two-family dwelling. See dwelling, two-family.

Unity of title means a document recorded in the office of the clerk of the county circuit court, stipulating that a lot or lots, or parcels of land shall be held under single ownership, shall not be eligible for further subdivision, and shall not be transferred, conveyed, sold, or divided, in any unit other than in its entirety.

Upholstery shop. See industrial operation.

Use means any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or any activity, occupation, business or operation carried on, in a building or other structure on a tract of land.

Use, accessory. See accessory building, structure or use.

Use, conditional. See special exception.

Use, permitted. See permitted use.

Use, principal. See principal use.

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

Use, temporary. See temporary use.

Variance means a relaxation of the terms of the zoning chapter 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 this chapter would result in unnecessary and undue hardships.

Vehicle means any self-propelled conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise, or any substance, and shall include passenger cars, trucks, buses, motorcycles, scooters and mopeds.

Vehicular use area means an area used for parking, loading, circulation, storage and/or display of any type of vehicle.

Veterinary hospital means an establishment where domestic animals are examined and treated by a person licensed by the state, and so qualified and authorized to treat diseases and injuries of animals. The term "veterinary hospital" does not include the use of outside commercial kennels.

Video. See arcade, game/video.

Vine means a plant material which normally requires support to reach mature form.

Walkway means a concrete surfaced or leveled area intended to provide ingress and egress of pedestrian traffic from a public right-of-way. See sidewalk.

Warehouse means any building or structure which is primarily used for the storage of goods and materials for later sale or distribution. See industrial operation.

Yard means a required open space clear from the ground upward, unoccupied and unobstructed by any structure, except for fences, walls, and hedges as provided in this chapter.

Yard, corner, means a yard on the side of a corner lot, being the minimum horizontal distance between the lot frontage and any structure or any projections thereto.

Yard, front, means a yard extending across the front of a lot, being the minimum horizontal distance between the lot frontage and the front of the buildings.

Yard, interior, means a yard between any structure and the side line of the lot, extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the structure of any projections thereto.

Yard, rear, means a yard extending across the rear of a lot, being the minimum horizontal distance between the rear property line and the rear of the building. See property line, rear.

Yard, side, means the open space 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 the nearest point of the side lot line to the nearest point of the main building. See property line, side.

Zero lot line development means a development technique whereby the location of buildings is placed on lots in such a manner that one or more of the building's sides rest directly on a lot line.

Zero lot line dwelling means the location of a building on a lot in such a manner that one or more of the buildings sides rest directly on a lot line.

Zone means a specifically delineated area or district in the town within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

Zoning board. See board of adjustment, zoning.

Zoning map. See official zoning map.

(b)

Rules for construction. The following rules of construction apply to the text of this chapter:

(1)

The particular shall control the general.

(2)

The term "shall" is mandatory; the term "may" is permissive.

(3)

A building or structure includes any part thereof.

(4)

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

(5)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either; or," the conjunction shall be interpreted as follows:

a.

The term "and" indicates that all the connected items, conditions, provisions, or events shall apply.

b.

The term "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

c.

The expression "either; or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.

(6)

Any word, term, or phrase not defined by this section shall be used with a meaning of common or standard utilization.

(7)

The term "chapter" shall mean the provisions embraced within this chapter and sections and shall constitute and be known and may be cited as the "Comprehensive Zoning Chapter of the Town of Lake Clarke Shores," hereinafter referred to as "chapter."

(Code 1980, § 19-4; Code 1995, § 86-1; Ord. No. 280, § 1, 1-7-1991; Ord. No. 06-03, §§ 1, 2, 2-21-2006; Ord. No. 08-03, § 1, 11-18-2008; Ord. No. 10-03, § 1, 3-2-2010; Ord. No. 11-02, § 1, 4-12-2011; Ord. No. 15-05, § 1, 8-11-2015; Ord. No. 20-01, § 1, 5-12-2020; Ord. No. 21-08, § 1, 9-28-2021; Ord. No. 21-09, § 1, 9-28-2021)

The purpose of this chapter is to implement the town comprehensive development plan, as revised in 1985 in conformance with the Local Government Comprehensive Planning Act of 1975, and the promotion of the health, safety, and general welfare of the present and future residents of the town by:

(1)

Giving effect to the goals, objectives, and plan recommendations of the town comprehensive development plan.

(2)

Dividing the town into districts according to the use of land and buildings, the intensity of such use, including bulk and height, and surrounding open space.

(3)

Establishing regulations which protect and promote the public health, safety, and general welfare of the people by providing standards to control the amount of open space and impervious surfaces within a development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts.

(4)

Controlling and regulating the growth of the town concentrating development in areas where adequate community facilities can be provided, and limiting development in areas where these facilities are not and should not be provided.

(5)

Regulating and restricting the location and use of buildings, structures and land for residential, commercial and other uses.

(6)

Lessening the danger and congestion of traffic on the streets and highways.

(7)

Securing safety from fire, panic, flood and other dangers.

(8)

Providing adequate privacy, light and air.

(9)

Protecting the tax base by facilitating cost-effective development and the most appropriate use of land within the town.

(10)

Conserving the values of property throughout the town.

(11)

Preventing the overcrowding of land, and protecting landowners from adverse impacts on adjoining developments.

(Code 1980, § 19-2; Code 1995, § 86-2)

The rules, regulations, and requirements contained in this chapter apply to all properties and lands within the corporate limits of the town, as they exist now or as they may be legally altered.

(Code 1980, § 19-3; Code 1995, § 86-3)

It is the intent of this chapter that the duties of the town council under this chapter shall include hearing and deciding questions of interpretation and enforcement. It is also the expressed intent of this chapter that the zoning board of adjustment shall be an advisory board to the town council who shall decide all administrative reviews, appeals, special exceptions and variances. The sole procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the town council shall have the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter or sections thereof, as provided by law, and of establishing a schedule of fees and charges as stated in the section of fees and charges.

(Code 1980, § 19-13(D); Code 1995, § 86-4; Ord. No. 20-01, § 2, 5-12-2020)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards, shall govern.

(Code 1980, § 19-19; Code 1995, § 86-5)

Wherever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the town clerk, who shall notify the building official, and he shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

(Code 1980, § 19-20; Code 1995, § 86-6)

(a)

Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor as provided by state law. In addition, a violator shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(b)

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

(c)

Nothing contained in this section shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violation.

(Code 1980, § 19-21; Code 1995, § 86-7; Ord. No. 08-03, § 2, 11-18-2008)