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

Accessory buildings or use means a building, use of a building, use of land or water which is clearly secondary and incidental to the principal use of a building, water or land, and is located on the same parcel of land with the principal building or use.

Accessory dwelling unit means a separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area and full bathroom facilities, which is an attached or detached extension to an existing single-family structure, including garage apartment, guest cottage, and mother-in-law apartment or suite.

Adult day care center means any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. (F.S. § 429.901(1))

Adult family-care home means a full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives. (F.S. § 429.65(2))

Advertising sign or structure means any sign, billboard, object, structure, written or printed matter which serves to give notice of, call attention to, or advertise any product, service, or subject matter.

Alley means any public or private right-of-way less than 15 feet in width which affords secondary access to property and is not intended for general traffic circulation.

Alteration means any change in, addition to, deletion from, or rearrangement of structures, walls, roof, floors, wiring, pipes, or other structural parts of a building, except customary maintenance or repair.

Apartment means one or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit for an individual or a single family not owned in fee simple.

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

Bar means a business establishment or part of an establishment devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

Bed and breakfast means a home in a residential area that offers overnight lodging accommodations and breakfast for compensation. One decorative sign of up to 20 square feet for each street frontage in permitted. Typically, bed and breakfasts are private homes with fewer than ten bedrooms available for commercial use.

Block means a parcel of land entirely surrounded by public streets, watercourses, railway rights-of-way; town limits lines, or bounded on all sides by any combination of these.

Bond means a financial surety payable to the town.

Bufferyard means a portion of a yard containing trees and shrubs used to provide sight and sound screening from adjoining properties and rights-of-way. The width of the bufferyard and the plant materials used vary according to the uses.

Building means any structure constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, including mobile homes approved for occupancy, but not including campers, tents, billboards, signs, or fences. (Also see "Structure")

Building height means the vertical distance from the average finish grade elevation at the building line to the highest point of the structure.

Building inspector means the principal officer responsible for enforcing the Florida Building Code and issuing permits for construction within the town.

Building line means the outer surface of the vertical wall of the principal building nearest the property line on any side.

Club means an association of persons for some common purpose not primarily a business or church. The term "club," when used herein, also means lodge, fraternal order, or society.

Community residential home for seven to 14 unrelated residents means a dwelling unit licensed to serve residents who are clients of the department of elderly affairs, the agency for persons with disabilities, the department of juvenile justice, or the department of children and family services or licensed by the agency for health care administration which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. (F.S. § 419.001(1)(a))

Community residential home for six or fewer residents, which otherwise meets the definition of a community residential home, shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents shall be allowed in single-family or multifamily zoning without approval by the local government, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents. Such homes shall not be required to comply with the notification provisions of F.S. ch. 419; provided that, prior to licensure, the sponsoring agency provides the local government with the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the local government in which the proposed site is to be located in order to show that no other community residential home is within a radius of 1,000 feet of the proposed home with six or fewer residents. At the time of home occupancy, the sponsoring agency must notify the local government that the home is licensed by the licensing entity. (F.S. § 419.001(2))

Cul-de-sac means a dead-end street permanently closed at one end and terminated by a circular vehicular turnaround.

Development director means the principal officer responsible for enforcing this chapter, which normally is the town planner.

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

Duplex means a single building owned in fee simple by the owner containing two dwelling units generally offered for rent.

Dwelling means a building designed and conventionally constructed or used primarily for living quarters for one or more families.

Dwelling, multifamily, means a building used or designed for three or more dwelling units.

Dwelling unit means a dwelling or portion thereof providing complete living facilities for one family.

Emergency management official means the town public works director.

Engineer means when used herein shall mean the town engineer or such other person or agency designated by the town council to perform such duties as are assigned by this chapter.

Family means one or more persons occupying a premises and living as a single housekeeping unit.

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

(1)

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

(2)

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

(3)

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

(4)

A maximum of ten children if no more than five are preschool age and, of those five, no more than two are under 12 months of age. (F.S. § 402.302(8))

Family foster care means care provided a child in a foster family or boarding home, group home, agency boarding home, child care institution, or any combination thereof. (F.S. § 39.01(31)) Family foster home also means a private residence in which children who are unattended by a parent or legal guardian are provided 24-hour care. Such homes include emergency shelter family homes and specialized foster homes for children with special needs. (F.S. § 409.175(2)(e))

Front yard means the yard extending across the entire width of a lot from a point at the edge of the right-of-way to the building line.

Frontage:

(1)

The term "street frontage" means all of the property abutting one side of a street right-of-way between two intersecting streets measured along the adjacent street right-of-way line in all directions.

(2)

The term "lot frontage" means the width of a lot or parcel of land measured along the adjacent street right-of-way line between opposite property lines.

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

Garage, mechanical, means any building or land used or intended to be used to accommodate automotive repair, rebuilding, reconstruction, painting, tire recapping, welding, or servicing.

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

Garage, public, means any land or building used for the storage of automobiles or other wheeled property primarily for nonoccupants of the premises, whether or not remuneration is paid or received for such storage.

Group home is a general term that means any of three types of homes under the control of different agencies within the Florida Department of Children and Families (DFC). Group homes may be for children, aging adults or persons with disabilities. See: Adult care, assisted living, family day car, family foster care, residential child-caring and residential group care.

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

Loading space means a space on the lot or parcel of land accessible to an alley or street not less than 12 feet in width, 30 feet in depth, and 14 feet in height.

Lot means a parcel of land occupied or intended for occupancy by a building or any use of land and includes all open space requirements established by the zoning regulations of the town.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot coverage means the vertical projection on the ground of the roof line of all structures, both principal and accessory, located on any lot or parcel of land.

Lot, depth of, means the mean horizontal distance between the front and rear lot lines.

Maximum extent practicable (MEP) means a treatment standard that utilizes the best available technology and available resources.

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

Marina means a dock or basin for the mooring, berthing, securing and dry storage of small boats and water craft. Such a business may provide servicing, fueling, pumping out, boat repair, marine equipment sales, rentals chartering, restaurants and lodging ashore.

Mobile home means a structure, transportable in one or more sections, which is eight body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. (F.S. § 320.01(2)(a)). A mobile home is built to the U.S. Department of Housing and Urban Development (HUD) standards; is usually installed on temporary foundations (concrete pads, dry-stacked blocks and tie-downs); and is usually not considered real property.

Modular home means a residential structure designed, built, permitted and inspected to the Florida Building Code (FBC), and must be installed on permanent foundations (e.g., poured footers, stem walls & poured piers or engineered slabs, just like site built homes) that are designed and built specifically for that home by a contractor licensed by the Department of Business and Professional Regulation (DBPR). It is a violation of Florida Statutes for a mobile home installer to install a modular home. To be acceptable in the state, a modular home must bear the insignia of the Florida Department of Community Affairs (DCA) on the inside of the cover of the home's electrical panel. They are considered real property when installed on a permanent foundation, and insured as such.

Motor home means any unit, such as a motor coach or camper, which can be described as a self-propelled vehicle, fitted and equipped for living purposes, including facilities for sleeping or preparation of food.

Nonconforming use means an established use of a building or land lawful prior to and at the time of the adoption of this chapter that does not conform to and with the permitted use provisions of this chapter for the district in which it is located.

Nursing home means any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide for a period exceeding 24-hour nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services. (F.S. § 400.021(7))

Park trailer a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. (F.S. § 320.01(1)(b)7.)

Principal building means a building, including covered porches and attached carports, in which is conducted the principal use of the lot or parcel on which it is situated. In any residence district any dwelling shall be deemed to be the principal building on the lot on which the same is situated.

Rear yard means the yard extending across the entire width of the lot between the rear lot line and the rear building line of the principal building.

Recreation commercial, indoor means a commercial land use conducted entirely inside of a building, including an arcade, arena, art gallery and studio, art center, assembly hall, athletic and health club, auditorium, bowling alley, club or lounge, community center, conference center, exhibit hall, gymnasium, library, movie theatre, museum, performance theatre, pool or billiard hall, skating rink, swimming pool, and tennis courts.

Recreation commercial, outdoor means a commercial land use conducted outside of a building, characterized by potentially moderate impacts on traffic, the natural environment, and the surrounding neighborhood, athletic fields, miniature golf, skateboard parks, swimming, bathing, wading and other therapeutic facilities; tennis, handball, basketball courts; batting cages and trampoline facilities.

Recreational vehicle means a living unit primarily designed as temporary living quarters for recreational, camping, or travel use, which is either designed to be self-propelled or is mounted on or drawn by another vehicle. This definition includes vehicles such as travel trailers, motor homes, camping trailers, truck camper, and conversion vans.

Residential child-caring agency means any person, corporation, or agency, public or private, other than the child's parent or legal guardian that provides staffed 24-hour care for children in facilities maintained for that purpose, regardless of whether operated for profit or whether a fee is charged. Such residential child-caring agencies include, but are not limited to, maternity homes, runaway shelters, group homes that are administered by an agency, emergency shelters that are not in private residences, and wilderness camps. Residential child-caring agencies do not include hospitals, boarding schools, summer or recreation camps, nursing homes, or facilities operated by a governmental agency for the training, treatment, or secure care of delinquent youth. (F.S. § 409.1675(1)(b)(2)(j))

Residential group care means a living environment for children who have been adjudicated dependent and are expected to be in foster care for at least six months with 24-hour-awake staff or live-in group home parents or staff. Each facility must be appropriately licensed in this state as a residential child caring agency as defined in F.S. § 409.175(2)(j) and must be accredited by July 1, 2005. (F.S. § 409.1676(2)(b))

Retail sales establishment is a retail operation that carries an assortment of merchandise directly to the consumer that is available for immediate purchase and removal from the premises by the purchaser. Such establishments may include but are not limited to antiques stores, apparel stores, appliance stores, bookstores, department stores, discount stores, drug stores, electronics stores, farm stores, furniture stores, hardware stores, home improvement centers, shoe stores, stationary stores and similar establishments.

Retail services establishment is an establishment that provides services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places, hotel and motels, financial, real estate and insurance, personal services, motion pictures, amusements and recreation services, health, educational, and social services, museums, and galleries.

Servant and domestic quarters means living quarters, which may include kitchen facilities that are either attached or detached from the principal residence, used as a residence by persons employed to provide domestic services to the occupants of the principal residence.

Service station means a building and land used or intended for use to dispense, sell or offer for sale any motor fuels, oils, or automotive accessories, but where no major automotive repair, body rebuilding, welding, tire re-capping, or painting is or is intended to be performed.

Side yard means a yard extending along the side lot line from the front yard to the rear line and the side building line.

Sidewalk means a paved area five feet in width within a public right-of-way used or intended to be used for pedestrian traffic.

Shelter means a placement with a relative or a nonrelative, or in a licensed home or facility, for the temporary care of a child who is alleged to be or who has been found to be dependent, pending court disposition before or after adjudication. (F.S. § 39.01(68))

Stormwater means surface runoff and drainage of water resulting from rainfall.

Street:

(1)

The term "street" means a public or private access way 16 feet or more in width, dedicated or otherwise having legal sanction for unlimited public use;

(2)

The term "street" includes the terms "road," "avenue," "lane," "boulevard," "thoroughfare," "highway," "place," "way," "drive," and "terrace."

Structure means any piece of work constructed or erected that requires permanent location on the ground or attached to something that has a permanent location on the ground, but not including, tents, or swimming pools. (Also see "Building")

Subdivision:

(1)

The term "subdivision" means:

a.

The division of a lot, tract or parcel of land, whether improved or unimproved, into two or more lots or parcels of land, for the purpose, whether immediate or future, of transfer of ownership; or

b.

If the establishment of, or opening of a new street is involved, any divisions of such parcel.

c.

The term "subdivision" includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to land being subdivided.

(2)

The division of land into parcels of more than five acres not involving any change in street lines or public easements shall not be deemed to be a subdivision within the meaning of these regulations.

Townhouse means a single-family dwelling unit with a private entrance that is part of a larger structure containing two of more dwelling units in a linear configuration and having totally exposed front and rear walls for access, light and ventilation.

Utility easement means a parcel of land more than 15 feet in width dedicated to the public and used, or intended for use as a way for utility uses, vehicular and pedestrian traffic, regardless of what term of reference is used for its designation.

Yard means an open space on the same lot with a principal building, open, unoccupied by buildings, from the ground to the sky and measured from the foundation line to the nearest front, side or rear property lines, except as may be specifically permitted.

(Land Development Code 1995, glossary; Ord. No. 2013-09, § 1, 12-3-2013; Ord. No. 2014-02, § 1, 6-3-2014)

The provisions of this chapter will be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare and to implement the comprehensive plan of the town.

(Land Development Code 1995, div. 1.05)

This chapter is enacted pursuant to the requirements and authority of F.S. § 163.3202 (the Community Planning Act), the town Charter effective December 4, 1979, and the general powers enumerated in F.S. ch. 166.

(Land Development Code 1995, div. 1.02)

With the exceptions listed in section 16-5, all development in the town shall be subject to the provisions of this chapter, and no development shall be undertaken without prior authorization pursuant to this chapter.

(Land Development Code 1995, § 1.03.01)

(a)

Previously issued development orders. A development project with an approved site development plan or subdivision plat may proceed under regulations in effect at the time of approval, provided that:

(1)

The development order had not expired at the time of the adoption date of the ordinance from which this chapter is derived or amendment thereto.

(2)

Development activity has begun or will begin according to the time limits under which the development was originally approved.

(3)

If the development order expires or is otherwise invalidated, any further development activity on the development site will conform to the requirements of this chapter or amendment thereto.

(b)

Previously issued development permits. The provisions of this chapter and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit, provided that:

(1)

The development permit was issued prior to the adoption date of the ordinance from which this chapter is derived and development activity has begun or will begin within six months of the date of issuance of the development permit; and

(2)

Development activity continues without interruption until the development is complete. If the development permit expires, any further development will conform to the requirements of this chapter or any amendments thereto.

(Land Development Code 1995, § 1.03.02)

(a)

General provisions. The lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning. Assurance to a developer that upon receipt of his development permit he may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic cost of development. It is the intent of this section to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development, all in conformity with and to carry out the purpose of the town comprehensive plan and the Community Planning Act (F.S. § 163.2511 et seq.).

(b)

Authority. This intent is effected by exercising the authority granted the town to enter into development agreements with developers under the Florida Local Government Development Agreement Act (F.S. § 163.3220 et seq.). This section shall be regarded as supplemental and additional to the powers conferred upon the town by other laws and shall not be regarded as in derogation of any powers now existing.

(c)

Procedures. The developer shall make application for a development agreement through the development director and pay an application fee set by resolution.

(Land Development Code 1995, §§ 5.02.01—5.02.03)

State Law reference— Florida Local Government Development Agreement Act, F.S. § 163.3220 et seq.).

(a)

Parks.

(1)

All residential subdivisions approved after the effective date of the ordinance from which this chapter is derived shall include a dedication of no less than five percent of the gross land area of the development site for use as public park or open space land.

(2)

Where an evaluation under the concurrency management system indicates that the dedication required under subsection (a)(1) of this section is insufficient and that additional usable recreation land and facilities are needed to maintain the adopted level of service standard, the developer of a subdivision shall dedicate land of suitable size, topography and general character to the town. For multifamily sites or mobile home parks, the town council shall decide whether the developer shall make a similar donation or pay a fee which is equal to the fair market value of the land otherwise required to be dedicated. The required acreage or fee shall be determined by the development director based on information supplied in the concurrency test statement submitted in connection with the proposed development.

(3)

Conditions for the town's acceptance of dedicated recreation land shall be established in a development agreement under the provisions of this chapter.

(4)

Where dedication of recreation land is not required to maintain the adopted level of service, the town may refuse to accept such land, or establish reasonable conditions for acceptance. Proposed recreational uses must be consistent with the future land use map of the town comprehensive plan. Other conditions may include, but are not limited to, the following:

a.

The land must be readily accessible and usable for recreational purposes.

b.

The land must be fully or partially developed for recreational use at the time of acceptance.

c.

The facility would meet a specific recreational need of the town (i.e., picnic areas and boat launch facilities).

(b)

Rights-of-way.

(1)

Rights-of-way required to serve all developments shall be dedicated in accordance with the requirements of article V of this chapter. Where subdivisions are bordered by public rights-of-way, additional rights-of-way shall be dedicated so as to meet minimum widths specified in the comprehensive plan. Where a dedicated right-of-way is extended to an adjoining property or street, there shall be no reserved strips affording private control of future access. The town may require public reserved strips where such reservations promote the public health and safety and implement the comprehensive plan.

(2)

Where a right-of-way has been dedicated independent of any requirement of this chapter or the comprehensive plan, the town may refuse to accept such right-of-way, or establish such conditions for acceptance as the town council determines to be reasonable.

(Land Development Code 1995, § 5.03.01)

(a)

Except where alleys are provided for the purpose of access and utility placement, easements of no less than 15 feet in width, or wider as the town engineer deems necessary, shall be dedicated for the installation of underground utilities by the town or franchised utility providers.

(b)

Easements for watercourses or drainage ways traversing a subdivision shall be of width sufficient to convey the volume of stormwater projected to be generated by the 25-year storm event.

(c)

Where required under the provisions of this chapter, easements shall be dedicated to the town for sidewalks. Such easements shall be of sufficient width to meet the requirements of article V of this chapter.

(d)

All easements shall be approved by the town engineer.

(Land Development Code 1995, § 5.03.02)