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

Abutting property, unless specifically stated otherwise within this chapter, means properties having a boundary line, or point or portion thereof, in common, with no intervening street right-of-way or easement, or any other easement over 25 feet in width.

Access, vehicular, means the principal means of vehicular ingress and egress to abutting property from a street right-of-way or easement.

Accessory apartment means a living unit, without cooking facilities, which is subordinate and attached to a single-family residence with at least one common adjoining interior door and could be made available for rent or lease.

Accessory building or structure. See Building or structure, accessory.

Accessory dwelling unit means a living unit subordinate to a single-family home which is either attached with cooking facilities, or detached with or without cooking facilities, and could be made available for rent or lease.

Accessory use. See Use, accessory.

Administrative office means an office which is customarily ancillary and subordinate to the permitted principal use of the property and which is used for clerical and administrative functions of the principal use. This term shall be interpreted to include managers or association offices for residential rental property, subdivisions, recreational vehicle parks and similar type activities.

Agricultural uses means and includes, but is not limited to, farming, horticulture, pasturage, forestry, citrus and other fruit groves, greenhouses and nurseries, truck farms and dairy farms, commercial fish, frog or poultry hatcheries, and raising of hogs and other farm animals.

Agritourism activity means any agricultural related activity on land classified as agricultural under F.S. § 193.461 that is consistent with and accessory to a bona fide farm, livestock operation, or ranch or in a working forest which allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy activities, including farming, ranching, historical, cultural, civic, ceremonial, training and exhibition, or harvest-your-own activities and attractions. An agritourism activity does not include the construction of new or additional structures or facilities intended primarily to house, shelter, transport, or otherwise accommodate members of the general public. An activity is an agritourism activity whether or not the participant paid to participate in the activity.

Aircraft landing facilities, private, means a facility, which may or may not be open to the public, whose primary purpose is to accommodate the takeoff and landing of noncommercial passenger aircraft.

Airport operations facilities means and includes all customary facilities for the operation of a major airport, as well as ancillary services, such as, but not limited to, aircraft cleaning and janitorial service, aircraft servicing and repairing, aircraft storage, air freight handling, airline ticket counters or offices, airline catering services, airport terminal services, customs clearance, flying charter services, hangar operation, sightseeing airplane services and flight instruction schools.

Airport, private, means an airport that is registered with the State, but not State-licensed. For the purposes of this chapter, Lee County Mosquito Control helistops and airport facilities (e.g., Buckingham Airport) are private airport facilities. Private airports are not open for use by the general public except by specific invitation of the airport owner.

Airport, public, means any airport licensed by the State, including State-licensed seaplane bases, helistops and emergency landing areas. Public airports, as used in this Code, specifically refer to SWFIA and Page Field. Public airports are open to the general public with or without a prior request to use the airport.

Alter andalteration mean any change in size, shape, character or use of a building or structure.

Ambient light means light not emanating from the site, such as moonlight.

Amusement device means any mechanical device or combination of devices that carries or conveys passengers on, along, around, over or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure or excitement. The term "amusement device" includes all amusement devices, amusement attractions and temporary structures regulated by F.S. Ch. 616 and the State Department of Agriculture and Consumer Services.

Amusement device, permanent, means a device which is used, or intended to be used, as an amusement device or amusement attraction that is erected to remain a lasting part of the premises.

Amusement park means permanent establishments known as amusement parks, kiddie parks, theme parks, etc., which operate one or more amusement attractions such as mechanical rides, amusement devices, exhibits and refreshment stands or picnic grounds, for a profit.

Animal clinic means an establishment providing for the diagnosis and treatment of ailments of animals other than humans, and which may include facilities for overnight care. See Animal kennel.

Animal kennel means an establishment where more than four dogs or cats (except litters of animals of not more than six months of age) are kept, raised, bred, cared for or boarded for others.

Animals, Class I, means all animals described in F.S. Ch. 379, and listed in F.A.C. 68A-6.002(1)(a).

Animals, Class II, means all animals described in F.S. Ch. 379, and listed in F.A.C. 68A-6.002(1)(b).

Applicant means any individual, firm, association, syndicate, co-partnership, corporation, trust or other legal entity, or their duly authorized representative, commencing non-appeal proceedings under this chapter.

Application, County-initiated, means any application in which the Board of County Commissioners is designated as the applicant, regardless of whether Lee County is the owner of the subject parcel.

Application, owner-initiated, means any application that is not County-initiated.

Approved discharge device means a device which is currently listed by the United States Coast Guard as an approved marine sanitation device.

Architect means a professional architect duly registered and licensed by the State.

Artificial light or artificial lighting means the light emanating from any manmade device.

Assisted living facilities (ALF) 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.

Automatic Teller Machine (ATM) means an unattended banking station located outside of or away from the principal bank building and in operation beyond normal lobby hours, operated by computerized equipment, and capable of carrying out specific banking transactions.

Authorized representative means any person who appears with the written permission of, and on behalf of, another person.

Auto parts store means establishments primarily engaged in the retail sale of new or used automobile, truck, trailer or motorcycle parts and accessories. The term "auto parts store" does not include auto wrecking yards.

Auto wrecking yard means the dismantling, crushing, shredding or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. See Junkyard.

Automobile service station means an establishment primarily engaged in the retail sale of motor fuel or lubricants, but which may also include facilities for washing, polishing, waxing, greasing, tire repair (with no recapping or vulcanizing) and other minor incidental repairs, and emergency road service, including towing and emergency repairs and services; provided, however, such establishment is not primarily engaged in work or services listed as "automotive repair and service" (see Section 34-622(c)(2)). See Convenience food and beverage store.

Average lighting means the sum of the calculated illuminance points on the photometric plan divided by the total number of calculated illuminance points within the site boundary. Sub-area averages, such as canopies, fuel pumps, telephone, drive through, ATM, and the like, shall only include points within that sub-area. Illuminance levels will be computed over developed portions of each site and specified adjacent land and do not include enclosed building pad areas. Time-averaged or other alternative methods of computing illuminance levels are not be permitted.

Back-lighting means the illumination of an awning, canopy or building roof, fascia, facade or through similar area by any type of lighting source from behind the fascia, facade or roof in order to be seen through those structures.

Bar andcocktail lounge mean any establishment devoted primarily to the retailing and on-premises drinking of malt, vinous or other alcoholic beverages.

Bed and breakfast establishment means an owner-occupied conventional single-family residence that accommodates lodgers. See Section 34-1494(b) for calculating density equivalents. Bed and breakfast establishments approved as part of a Private Recreational Facilities Planned Development (PRFPD) are not required to be owner-occupied.

Board means the Board of County Commissioners of Lee County, Florida.

Boardinghouse means an establishment with lodging facilities for more than four but less than ten persons, where meals are regularly prepared and served for compensation, and where food is placed upon the table family style, without service or ordering of individual portions from a menu. See Roominghouse.

Boat means any vessel, watercraft or other artificial contrivance used, or which is capable of being used, as a means of transportation, as a mode of habitation, or as a place of business, professional or social association on waters of the County, including:

(1)

Foreign and domestic watercraft engaged in commerce;

(2)

Passenger or other cargo-carrying watercraft;

(3)

Privately-owned recreational watercraft;

(4)

Airboats and seaplanes; and

(5)

Houseboats or other floating homes.

Boat parts store means establishments primarily engaged in the retail sale of watercraft parts and accessories, excluding trailers, but not providing installation service. Establishments which provide installation service are listed as "boat repair and service."

Boat repair and service means establishments primarily engaged in minor repair service to small watercraft, including the sale and installation of accessories.

Boatyard means a boating or harbor facility located on or having direct access to navigable water for building, maintaining and performing extensive repair on boats and small ships, marine engines and equipment. A boatyard shall be distinguished from a marina by the larger scale and greater extent of work done in a boatyard and by the use of dry dock, marine railway or large capacity lifts used to haul out boats for maintenance or repair. See Marina.

Brewpub means a restaurant that manufactures malted beverages for on-site consumption and retail sales, in quantities less than 5,000 barrels (1 barrel = 31 US gallons) a year, and may include a tasting room, service area, or retail space for patrons, with no wholesale distribution component.

Building means a structure, either temporary or permanent, with a roof intended to be impervious to weather, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. The term "building" includes tents, awnings, cabanas or vehicles situated on private property and serving the function of a building but does not include screened enclosures not having a roof impervious to weather.

Building or structure, accessory, means a building or structure which is customarily incidental and subordinate to a principal building or to the principal use of the premises and located on the same premises. See Building, principal.

Building, conventional, means:

(1)

A building, built upon the site and upon its own permanent foundation, constructed of basic materials such as wood, masonry or metal or minimally prefabricated components such as roof trusses, wall panels and bathroom/kitchen modules, and conformable to the locally adopted building, electrical, plumbing and other related codes; or

(2)

A building manufactured off the site in conformance with F.S. Ch. 553, Pt. IV (F.S. § 553.70 et seq.) (or F.A.C. Ch. 9B-1), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate.

Building height means the vertical distance of a building or structure measured in accordance with Section 34-2171.

Building official means the Director of the Division of Code Enforcement or his designee.

Building, principal, means a building in which is conducted the main or primary use of the premises on which the building is situated.

Bulb means the source of electric light. To be distinguished from the whole assembly (see Luminaire).

Bus station/depot means a location where buses may stop to load or unload passengers, luggage or packages and where the sale of bus tickets may occur. Bus passengers, luggage or packages are not transferred to other buses from this location. A bus station/depot is not synonymous with a bus terminal and is not a bus stop.

Bus stop means a designated area where local buses stop to load and unload passengers along locally designated routes.

Bus terminal means any premises for the transient housing or parking of buses and where the loading and unloading of passengers, luggage or packages or the transfer of passengers, luggage or packages to other buses may occur.

Business office means office space for the conduct of commercial activities, excluding retail sales.

Cabana means a structure that must be used for recreational purposes only, and may not be used by unit owners, their guests or invitees for occupancy as a rooming unit, housing unit, accessory apartment, guest unit or dwelling unit, as those terms are defined by this Code. Overnight sleeping is prohibited in a cabana. Stoves, with either a cook top range or an oven, are prohibited. Lease of the cabana structure for use by someone other than the unit owner is prohibited. This recorded covenant must be consistent with Section 34-1182 and may not be amended without the written consent of the Director of Lee County Community Development.

Camera shop means an establishment primarily engaged in the retail sale of cameras, film and other photographic supplies and equipment. Establishments primarily engaged in finishing films are listed as photofinishing laboratories.

Candela (cd) means the fundamental photometric quantity, luminous intensity, as defined in the International System of Units (SI).

Canopy means any raised, protective cover such as, but not limited to, awnings, marquees, overhangs, porte cochere, and drive-throughs.

Canteen vehicle means a self-propelled vehicle which is used for the temporary retail sale, display and accessory advertising of pre-cooked foods, pre-packaged foods and drinks, and prepared foods.

Conveyance means a food stand, a food vending cart, an ice cream truck, a canteen truck, or a mobile food dispensing vehicle as defined in F.S. § 509.102.

Car wash means establishments primarily engaged in washing cars or in furnishing facilities for the self-service washing of cars.

Caretaker's residence means the living unit of the person taking care of property and its use. A caretaker's residence is measured as intensity (not density) when located in nonresidential zoning districts.

Carnival means an enterprise which travels from community to community, generally staying for ten days or less in any one location, and which offers one or more amusement devices or attractions.

Carport means a freestanding or attached structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Casita means an accessory building located on an individual recreational vehicle lot which may contain sleeping and sanitary facilities and a kitchen and is used for habitation by the occupants of the recreational vehicle occupying the lot.

Cemetery means an area of land set apart for the sole purpose of the burial of bodies of dead persons or animals and for the erection of customary markers, monuments and mausoleums.

Change of occupancy means the discontinuance of an existing use and the substitution of a use of a different kind of class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

Clothing stores, general, means establishments primarily engaged in selling a variety of new clothing, shoes, hats, underwear and related articles for personal wear and adornment.

Clubs.

(1)

Club, commercial, means clubs which are owned by individuals and operated for a profit, such as tennis and racquetball clubs, golf clubs, etc.

(2)

Club, country, means a building and associated recreational facilities constructed in conjunction with a golf course (but not including the golf course itself), open only to members and their guests for a membership fee. Occasionally such facilities may be leased to outsiders for banquets, weddings, etc.

(3)

Club, fraternal, means a group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal membership requirements, such as Knights of Columbus, Masons, Moose, Elks, etc.

(4)

Club, membership organization, means an organization operating on a membership basis with preestablished formal membership requirements and with the intent to promote the interests of its members, and includes trade associations, professional organizations, unions and similar political and religious organizations.

(5)

Club, private, means a group of people such as a homeowners' or condominium association organized for a common purpose to pursue common goals, interests or activities.

Cluster development means a site planning technique that concentrates two or more principal buildings, and land uses or intensities, in specific areas of a development in order to provide area for open space and buffering, for recreation and other common facilities, for surface water management, for the protection of environmentally sensitive land and water and other valuable natural resources, and to reduce the cost of roads and infrastructure.

Coastal construction setback line means the line depicted in PB. 31 PG. 1-21, previously referred to as the 1978 Coastal Construction Control Line.

Commercial fishery means land or structures used as a commercial establishment for the receiving, processing, packaging, storage and wholesale or retail distribution and sale of food products of the sea. Such land or structures may include facilities for the docking, loading and unloading, fueling, icing and provisioning of vessels and for the drying and maintenance and storage of nets, traps and buoys.

Community garden means an area of land managed and maintained by a community or subdivision to grow and harvest food crops and non-food, ornamental crops, such as flowers. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of a group, and may include common areas maintained and used by group members.

Community residential home 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.

Compatible means, in describing the relation between two land uses, buildings or structures, or zoning districts, the state wherein those two things exhibit either a positive relationship based on fit, similarity or reciprocity of characteristics, or a neutral relationship based on a relative lack of conflict (actual or potential) or on a failure to communicate negative or harmful influences one to another.

Competent substantial evidence means nonspeculative, fact based, relevant evidence, provided by a person with personal knowledge of the facts or the expertise to provide an opinion on the facts, that establishes a reasonable foundation for the points argued or tends to prove the points that must be proven, and a reasonable mind would accept as adequate to support those points.

Comprehensive plan means the document, and its amendments, adopted by the Board of County Commissioners pursuant to F.S. Ch. 163, for the orderly and balanced future economic, social, physical, environmental and fiscal development of the County. The terms "comprehensive plan" and "the Lee Plan" are synonymous.

Condominium means that form of ownership of property under which units or improvements are subject to ownership by one or more owners, and there is appurtenant to each unit or part thereof an undivided share in common elements.

Consultant means an architect, attorney, engineer, environmentalist, landscape architect, planner, surveyor or other person engaged by the developer or applicant.

Continuing care facility (CCF) means a facility, licensed under F.S. Ch. 651, which undertakes through its ownership or management to provide housing and food service to adult residents. The facility must meet the criteria for exemption from the Fair Housing Act Amendments of 1988, Title VII USC.

Controlled water depth means the vertical distance measured from the waterbody control elevation to the deepest point of the proposed waterbody.

Convenience food and beverage store means a store that specializes in sale of convenience products and other commodities intended primarily to serve the day-to-day needs of residents in the immediate neighborhood, or the traveling public, which is typically or generally open to the public beyond the normal sales hours of other retail stores. Fuel pumps (see definition) may accompany the store.

Conversion means the changing of use or density.

Corner lot. See Lot, corner.

Correctional facility, County, means a County-operated facility for incarceration of offenders, including detention centers and jails.

County coastal construction control line or zones means the County coastal construction control line or zones landward of the mean high water along the Gulf of Mexico are identified on the County coastal construction setback map which is on file at the Department of Community Development.

Cumulatively illuminated means illuminated by numerous artificial light sources.

Current assessed value means the value of a building as shown in the most recent property tax records of the County. The property owner, at his cost, has the option of providing an independent appraisal to the County. The appraiser will be selected by the County. If this method is used, the determination will be binding on the property owner and the County, and at the option of the County property appraiser may be used as his official record for the valuation of the building.

Day care center, adult, means a facility or establishment that provides basic services such as, but not limited to, a protective setting, social or leisure time activities, self-care training or nutritional services to three or more adults not related by blood or marriage to the owner or operator, who require services. The term "day care center, adult" will not be interpreted to include overnight care.

Day care center, child, means a facility or establishment that provides care, protection and supervision for six or more children unrelated to the operator and that receives a payment, fee or grant for the children receiving care, whether or not operated for profit. The term "child day care center" does not include public or nonpublic schools that are in compliance with the Compulsory School Attendance Law, F.S. Ch. 1003, Pt. II (F.S. § 1003.21 et seq.). The term "child day care center" is synonymous with the terms "preschool" and "nursery school."

Denial with prejudice means an action taken by a hearing board indicating that the request is formally denied and may not be resubmitted, except as provided for in Section 34-205(a).

Denial without prejudice means an action taken by a hearing board indicating that the specific request being acted upon is formally denied but that the hearing board is willing to consider a modification of the request as set forth in Section 34-211(b).

Density means an existing or projected relationship between numbers of dwelling or housing units and land area. Refer to Article VII, Divisions 12 and 19 of this chapter.

Density reduction/groundwater resource (DR/GR) means those upland areas identified in the Lee Plan as DR/GR Land Use category.

Department means the Department of Community Development charged with the planning and administration of zoning for the unincorporated area of the County. As used in this chapter, the terms "Department" and "Division" are synonymous.

Department store means a departmentalized retail store, generally offering in one establishment, within each department, several lines and price and quality ranges of goods and services. Such an establishment is usually part of a chain store system and may occupy a freestanding structure or occupy a space in a shopping center within which it usually functions as an attractor or anchor store.

Detrimental uses means the use of property for adult bookstores, adult exhibitions or massage parlors, defined in Article VII, Division 3 of this chapter.

Developer means any individual, firm, association, syndicate, co-partnership, corporation, trust or other legal entity commencing development.

Development andto develop means the construction of new buildings or other structures on a lot, the relocation of existing buildings, or the use of a tract of land for new uses. To develop means to create a development.

Development of County Impact (DCI) means a development which, because of its character, magnitude, location, size, timing, density or intensity would have a substantial effect upon the health, safety and welfare of the citizens of the County or upon its natural resources.

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

Development parcel means a parcel divided from an original (parent) development tract, defined by metes and bounds or by a subdivision plat, intended for conveyance to a party (developer) subsequent to the original developer, or withheld by the developer for development separately from other development parcels or the remainder of the original development tract being the principal product, together with some infrastructural support, of the original development activity.

Development perimeter means the exterior lot or property lines of the original (parent) tract of any development consisting of subdivided parcels or lots.

Deviation means a departure from a specific regulation of this chapter, as well as from any separate land development regulation or code, when requested as part of the application for a planned development in accordance with Section 34-373(a)(9) and approved by the Board of County Commissioners based on the findings established in Section 34-377(a)(4). Deviations to approved Master Concept Plans may be reviewed pursuant to Section 34-380.

Dewater has the same meaning given in Section 10-1.

Direct light means light emitted directly from the lamp, off the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.

Director means the Director of the Department of Community Development or his designee. As used in this chapter, the terms "Division Director," "Department Director" and "Director" are synonymous.

District means any certain described area of the County to which this chapter applies and within which the zoning regulations are uniform.

Domestic tropical birds means birds not indigenous to the State or the United States that are commonly kept as pets in a home, including, but not limited to, canaries, finches, lovebirds, parrots, parakeets, cockatiels and mynah birds.

Dormitory means and includes residence halls, and means those facilities, used for housing students, which are owned and controlled by a public college or university, and which are to be distinguished from hotels, motels, roominghouses and boardinghouses.

Drive-in theater means a place of outdoor assembly used for the showing of plays, operas, motion pictures and similar forms of entertainment which is designed to permit the audiences to view the performance from vehicles parked on the theater property.

Drive-through facility means an establishment where a patron is provided products or services without departing from his automotive vehicle or in which the patron may temporarily depart from his vehicle in a non-parking space while servicing it, such as a do-it-yourself car wash or fuel pump. The terms "drive-through," "drive-in" and "drive-up" are synonymous.

Drugstore means an establishment wherein the principal use is the dispensing of prescription and patent medicines and drugs and related products, but where nonmedical products such as greeting cards, magazines, cosmetics and photographic supplies may also be sold. The term "drugstore" includes the term "pharmacy."

Duplex. See Dwelling unit, types.

Dwelling unit means a room or rooms connected together, which could constitute a separate, independent housekeeping establishment for a family, for owner occupancy, or for rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units that may be in the same structure and containing sleeping and sanitary facilities and one kitchen. The term "dwelling unit" does not include rooms in hotels, motels or institutional facilities. See Housing unit and Living unit.

Dwelling unit, types.

(1)

Duplex means a single, freestanding, conventional building on a single lot, designed for two dwelling units under single ownership, or wherein each dwelling unit is separately-owned or leased but the lot is held under common ownership.

(2)

Single-family residence means a single, freestanding, conventional building designed for one dwelling unit, and which could be used for occupancy by one family.

(3)

Two-family, attached, means a single, freestanding, conventional building designed as two dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership.

(4)

Townhouse means a group of three or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access, and no unit is located above another, and each unit is completely separated from any others by a rated firewall or a fire and sound resistant enclosed separation or space, and wherein each dwelling unit is on a separate lot under separate ownership.

(5)

Mobile home means a building, manufactured off the site in conformance with the Federal Mobile Home Construction and Safety Standards (24 CFR 3280 et seq.), subsequently transported to a site complete or in Sections where it is emplaced and tied down in accordance with F.A.C. Ch. 15C-1, with the distinct possibility of being relocated at a later date.

(6)

Multiple-family building means a group of three or more dwelling units within a single conventional building, attached side by side, or one above another, or both, and wherein each dwelling unit may be individually-owned or leased but the land on which the building is located is under common or single ownership. Dwelling units, other than caretaker's quarters, which are included in a building that also contains permitted commercial uses will also be deemed to be multiple-family dwelling units.

(7)

Zero lot line means a dwelling unit with at least one wall of a building on a side or rear line of the lot on which it stands.

(8)

Live-work unit means a dwelling unit comprised of a living unit and work unit. The work unit is an area that is designed or equipped exclusively or principally for the conduct of commercial activities and is to be regularly used for such commercial activities by one or more occupants of the living unit. See Living unit.

Easement means a grant of a right to use land for specified purposes. The term "easement" means a nonpossessory interest in land granted for limited use purposes.

Engineer means a professional engineer duly registered and licensed by the State.

Enlargement andto enlarge mean an addition to the floor area or volume of an existing building, or an increase in that portion of a tract of land occupied by an existing use.

Entrance gate means a mechanized control device which is located near the point of access to a development which serves to regulate the ingress of vehicles to the interior of the development for the purpose of security and privacy.

Environmental quality means the character or degree of excellence or degradation in the total essential natural resources of the area as measured by the findings and standards of the physical, natural and social sciences, the arts and technology, and the quantitative guidelines of federal, State and county governments.

Environmentally sensitive land means any lands or waters, the development or alteration of which creates or has the potential to create a harm to the public interest due to their value as sources of biological productivity, as indispensable components of various hydrologic regimes, as irreplaceable and critical habitat for native species of flora and fauna, or as objects of scenic splendor and natural beauty. Among these types of land are those designated wetlands.

Equivalent means the state of correspondence or virtual identity of two land uses or zoning districts that exhibit similar levels of effects on each other and the community at large as defined by such factors as their intensities and schedules of use and activity, their demands for services and infrastructure such as roads and water and sewer systems, their impacts on natural resources and other similar parameters. The term "equivalent" is not synonymous with the term "compatible."

Essential services means the erection, construction, alteration or maintenance, by a public or private utility company for the purpose of furnishing adequate service by such company for the public health, safety or general welfare, of electrical and communication cables, poles and wires, and water and sewer collection, transmission or distribution mains, drains and pipes, including fire hydrants. The term "essential services" includes necessary transformers, switching equipment, meters, pumps and similar equipment, which is less than 27 cubic feet in size, but does not include communication towers, telephone booths or pay telephone stations. This definition does not include buildings, structures or uses listed as "essential service facilities" (see Section 34-622(c)(13)).

Excavation means the stripping, grading or removal by any process of natural minerals or deposits, including, but not limited to, peat, sand, rock, shell, soil, fill dirt or other extractive materials, from their natural state and location.

Excavation, depth, means the vertical distance measured from the lowest existing natural grade along the bank of the proposed excavation to the deepest point of the proposed excavation.

Existing only means the use is permitted only if it lawfully existed on September 27, 1993, or was granted a special exception within two years prior to that date and commenced the approved construction within two years after that date. A use that qualifies as "existing only" will not be classified as a nonconforming use. It will be afforded the same privileges as a permitted use and may be expanded or reconstructed, in accordance with all applicable current regulations, but only on the specific parcel on which it is located, as that parcel was legally described on September 27, 1993. Where the use of a structure or building is discontinued or abandoned for 12 months or more, the use no longer qualifies as "existing only," see Section 34-621.

Existing outdoor lighting means a light fixture and support installed or approved by the County to be installed on or before June 24, 2003.

Exotic animals means animals not indigenous to the State or the United States and large native animals not customarily kept in captivity outside zoological gardens.

Exterior lighting means temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outside. Fixtures that are installed indoors that are intended to light something outside or act to draw attention are considered exterior lighting.

Fair means a gathering held at a specified time and place for the buying and selling of goods; a market. The term "fair" includes an exhibition, as of farm products or manufactured goods, usually accompanied by one or more competitions, entertainments, amusement attractions or devices.

Family means one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that a group of five or more adults who are not related by blood, marriage or adoption will not be deemed to constitute a family. The term "family" does not include a fraternity, sorority, club, monastery, convent or institutional group.

Farm means the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm or aquaculture products, including land used to display plants, animals, farm products, or farm equipment to the public.

Farm labor housing means residential buildings located near actively farmed land and occupied exclusively by farm workers as defined in F.S. § 420.503. However, housing that meets the density and occupancy limitations that apply to all other housing may not be considered farm labor housing.

Fixture means the assembly that holds the lamp in a lighting system. The term "fixture" includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.

Flea market, indoor, means a market held within a building where groups of individual sellers offer goods for sale to the public. A major distinction between an indoor flea market and a multiple-occupancy complex is that most leases between the sellers and the operators of the flea market are short term.

Flea market, open, means a market held in an open or roofed area (not within a building) where groups of individual sellers offer goods for sale to the public.

Flood light or spotlight means any light fixture or lamp that incorporates a reflector or refractor to concentrate the light output into a directed beam in a particular direction.

Floor area means the total area of each story of a building, or portion thereof, within the surrounding exterior walls of the building or structure.

Florist shop means establishments primarily engaged in the retail sale of cut flowers and growing plants. Stores primarily engaged in selling seeds, bulbs and nursery stock are classified as garden and lawn supply stores, and greenhouses and nurseries primarily engaged in growing are listed as plant nurseries.

Food and beverage service, limited, means the provision of food or beverages for: members and guests of a private club or recreational center but not available to the general public; or members of the general public when accessory to an agritourism activity permitted in accordance with Section 34-1711. The term "food and beverage service" will not be interpreted to include restaurants, Groups I, II, III and IV. See Article VII, Division 5 of this chapter relating to on-premises consumption of alcoholic beverages.

Food cart means a food stand operated out of a vehicle or some wheeled or skid-mounted structure, generally mobile or at a specific location temporarily.

Food stand means a temporary open-air stand, kiosk or place for the retail sale, display and accessory advertising of pre-cooked food, pre-packaged food and drinks, and prepared foods. The term "food stand" may include tents or other temporary weather protection that is portable and capable of being dismantled or removed from the sales site.

Food truck park means a development created with permanent on-site seating, sanitary facilities, and amenities wherein food and/or beverages are offered for sale to the public from a set number of mobile food vendors. Mobile food vendors associated with the food truck park may be permanently or temporarily located on the property. See Section 34-3052 for mobile food vending as a temporary use, not associated with a food truck park.

Food vending cart means any nonmotorized cart, trailer, table, equipment, or apparatus which is not a structure, which is designed and intended so as to not be a permanent fixture on a lot, and which is used for the temporary retail sale, display, and accessory advertising of food. The term "food vending cart" does not include a mobile food dispensing vehicle.

Footcandle means illuminance produced on a surface one foot from a uniform point source of one candela. Measured by a light meter.

Fractional ownership dwelling unit means any unit for which the ownership interest in the property or dwelling unit is divided among multiple entities and/or individuals for the primary purpose of creating short-term residential use or rental units, rather than full-time residential units.

Fraternity house means a dwelling used and occupied by a fraternity or sorority composed of college or university students and containing and providing domestic and social facilities and services thereto. See Group quarters.

Fuel pump means a vehicle fuel dispensing device, other than a portable fuel container or fuel dispensing vehicle, which can be self-service or full-service. A single fuel pump is a fuel pump that can serve only one vehicle at-a-time. Vehicle fuel dispensing devices that can service more than one vehicle at-a-time consists of multiple fuel pumps. The number of pumps is determined by the maximum number of vehicles that can be serviced at the same time. For example, a fuel dispensing device that can fuel two vehicles at once is considered two fuel pumps, and a fuel dispensing device that can fuel three vehicles at once is considered three fuel pumps, and so on.

Fuel pump, full service, means a fuel pump where an employee of the business operates the fuel pump and dispenses fuel for each customer (not self-service). The business may include other minor vehicle services such as washing the windows, checking tire pressure, checking oil level, and checking the windshield washer fluid level, but does not include other services typically associated with an automobile service station or automobile repair and service.

Fuel pump, self-service, means a fuel pump that requires the consumer to operate the pump and no other vehicle service is provided

Fuel pump station. See fuel pump.

Full cutoff means that a light fixture in its installed position does not emit any light, either directly or by reflection or diffusion, above a horizontal plane running through the lowest light-emitting part of the fixture. Additionally, the fixture in its installed position does not emit more than ten percent of its total light output in the zone between:

(a)

The horizontal plane through the lowest light-emitting part of the fixture; and

(b)

Ten degrees below the horizontal plane (80 degrees above the vertical plane).

Fully shielded means that a light fixture is constructed so that in its installed position all of the light emitted by the fixture is projected below the horizontal plane passing through the lowest light-emitting part of the fixture.

Garage means a building or structure for the parking or storage of motor vehicles.

Garage, private, means a garage that is provided for the parking of motor vehicles owned by the occupants of the principal building.

Garage, public, means any garage that is available to the public, whether or not a fee is collected. Such garages may not involve the repair or servicing of any motor vehicles.

Garage sale and yard sale mean an informal sale of used household or personal articles, such as furniture, tools or clothing, held on the seller's own premises, or conducted by several people on one of the sellers' own premises.

Gasoline dispensing system, special means a gasoline dispensing system which is card-operated for governmental or commercial entities only in accordance with the provisions of the Florida Administrative Code.

Gasparilla Island Conservation District means all of Gasparilla Island, including Boca Grande Isles and Gasparilla Golf Course Island, Three Sisters Island, Hoagen's Key and Loomis Island, situated in the County, including all adjacent submerged lands, tidal lands, overflow lands and tidal ponds.

Gatehouse means a structure which is located near the point of access to a development in which an individual controls access to that development for the purpose of security and privacy.

General mining permit means the approval, granted by the Board of County Commissioners or the Hearing Examiner, indicating that a proposed mining development or a specific phase of a mining development has received all necessary zoning approvals.

Glare means bright or brilliant light emitting from a point source of light, or reflected or refracted from a point source of light, with an intensity great enough to:

(1)

Reduce an observer's ability to see;

(2)

Cause an observer to experience momentary blindness, or a temporary loss of visual performance or ability; or

(3)

Cause an observer with normal sensory perception annoyance or discomfort to the degree which constitutes a nuisance.

Government agency means any department, commission, independent agency or instrumentality of the United States, the State, the County, or an unincorporated authority, district or other governmental unit.

Greater Pine Island means the area that is affected by Lee Plan Goal 24 as depicted on Map 2-A and as described in Section 33-1002.

Greenhouse means a building made of glass, plastic, or fiberglass, etc., where plants are cultivated.

Grocery means a retail market for general food items, often, but not necessarily, self-service, smaller than a supermarket and with a far smaller range of nonfood items. See Supermarket and Convenience food and beverage store.

Group quarters means a building in which a number of unrelated individuals that do not constitute a family live and share various spaces and facilities for, for example, cooking, eating, sanitation, relaxation, study and recreation. Examples of group quarters include fraternity and sorority houses, boardinghouses, adult congregate living facilities, dormitories, roominghouses and other similar uses.

Hardship means an unreasonable burden that is unique to a parcel of property, such as peculiar physical characteristics. Economic problems may be considered but may not be the sole basis for finding the existence of a hardship.

Hardware store means establishments primarily engaged in the retail sale of a number of basic hardware lines, such as tools, builders' hardware, paint and glass, housewares and small household appliances and cutlery.

Hearing Board means the Hearing Examiner, Board of County Commissioners or Local Planning Agency, whichever is applicable, responsible for conducting a public hearing.

Hearing Examiner means the officer authorized by the Board, including Hearing Examiners pro tempore, to hear matters and exercise duties set out in Article II of this chapter. For the purposes of prohibiting unauthorized communication, the term "Hearing Examiner" includes members of the Hearing Examiner's staff.

Heliport means an area, either at ground level or elevated on a structure, licensed or approved for the landing and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Helistop means a heliport, but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

High Pressure Sodium (HPS) means a bulb that is filled with high pressure sodium vapor. HPS emits a yellow/orange light, but color correct lamps are available.

Home care facility means a conventional residence in which up to three unrelated individuals are cared for, but without provision for routine nursing or medical care.

Home occupation means an occupation customarily carried on by an occupant of a dwelling unit as an accessory use which is clearly incidental to the use of the dwelling unit for residential purposes and operated in accordance with the application provisions of Article VII, Division 18 of this chapter.

Hoophouse means a structure made of PVC piping or other material covered with translucent plastic, constructed in a half-round or hoop shape.

Hospice means a facility designed to provide comfort and relief for the emotional and physical needs of the terminally ill.

Hotel/motel. See Article VII, Division 19 of this chapter.

Housing unit means a house, apartment, mobile home or trailer, group of rooms or single room occupied or intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants do not live and eat with any other person in the structure, and which have direct access from the outside of the building or through a common hall. See Dwelling unit and Living unit.

Ice cream vehicle means a self-propelled vehicle which is used for the temporary retail sale, display and accessory advertising primarily of pre-packaged frozen dairy or frozen water-based food products, soft serve or hand-dipped frozen dairy products or frozen water-based food products and pre-packaged beverages. At least 75 percent of its inventory shall consist of ice cream products or related frozen dessert products, as more particularly defined in F.S. Ch. 503, as may be amended from time to time, and offer for sale no more than 25 percent of other pre-packaged products which are non-ice cream or non-related frozen dessert products.

Illuminance means density of luminous flux incident on a surface. The unit of measure is the footcandle.

Illuminating Engineering Society of North America (IESNA) means the professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting.

Impound yard means a facility used for the temporary storage of vehicles or other personal property legally removed or impounded from public or private property that is not awaiting immediate repair pursuant to an agreement by the vehicle owner or property owner.

Increase nonconformity means any one of an infinite number of differing combinations of change which, in effect, would make a use of land or structures already not in conformance with this chapter, less in compliance with this chapter after the change than the use or structure was prior to the change. See Article VIII of this chapter.

Independent living unit means a unit which is authorized only as a part of a licensed continuing care facility (CCF) or assisted living facility (ALF), which may be equipped with a kitchen.

Indirect light means direct light that has been reflected or has scattered off of other surfaces.

Infill development means the development, redevelopment or reuse of vacant and underutilized sites surrounded by existing development and where street access is available.

Intensity means a measurement of the degree of customarily nonresidential uses based on use, size, impact, bulk, shape, height, coverage, sewage generation, water demand, traffic generation or floor area ratios.

Island means any piece of land that is surrounded completely by a natural body or natural bodies of water. Islands created through excavation or dredging activity or lands otherwise surrounded by water as a result of human activity will not be considered islands.

Junkyard means any use on streets or private property involving the parking, storage or disassembly of junked vehicles, or wrecked or nonoperable vehicles, or storage, baling or otherwise dealing in wastepaper, rags, scrap metal, used building materials, old household appliances and other similar matter. These uses will be considered junkyards regardless of whether operations are conducted within a building or in conjunction with, in addition to or accessory to other uses of the premises. The term "junkyard" does not include pawnshops and establishments for the sale, purchase or storage of usable secondhand cars, used furniture or similar household goods and appliances.

Lamp means the source of electric light; the component of a luminaire that produces the actual light; the bulb and its housing. This is to be distinguished from the whole assembly. (See Luminaire.)

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

Land use means the development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under the Lee Plan or an element or portion thereof, land development regulations, or a land development code, as the context may indicate.

Landscape architect means a professional landscape architect duly registered and licensed by the State.

Laundromat means a business that provides washing, drying, dry cleaning or ironing machines for hire for customers to use on the premises.

Lawfully means a building or use which was permitted by right, special exception, special permit or other action approving the use or placement of a structure by the Board of County Commissioners or Zoning Board (such as by variance), at the time it was built or occupied, and such building or use was located in compliance with the zoning regulations for the district in which located, or in accordance with the terms of the variance.

Lawn and garden supply stores means establishments primarily engaged in selling trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools and other garden supplies to the general public. These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. Establishments primarily engaged in growing are classified as plant nurseries.

Lee Plan means the current County Comprehensive Plan, as adopted by Article V of this chapter, and any amendments thereto or succeeding comprehensive plan which is in effect at the time a decision of any decision-maker described in this chapter is taken or rendered.

Light Loss Factor (LLF) means a percentage applied to the actual anticipated foot-candle levels of a fixture, that reduces the calculated light level output on the photometric plan to account for lower light level output from a fixture due to the age of the bulb, and dirt that occurs over time.

Light pollution means any adverse effect of artificial light emitted into the atmosphere, either directly or indirectly by reflection, including, but not limited to, light trespass, uplighting, the uncomfortable distraction to the eye, night blindness, or any manmade light that diminishes the ability to view the night sky or interferes with the natural functioning of nocturnal native wildlife.

Light trespass means light emitting from a point source of light that falls outside the boundaries of the property on which the point source of light is located, and which constitutes a nuisance to a reasonable person of normal sensory perception.

Lighting means any or all parts of a luminaire that function to produce light.

Live-aboard means the use of a boat as a living unit.

Living area means the area of a living unit enclosed, heated or air-conditioned, and protected from the elements. The term "living area" does not include unheated or un-air-conditioned garages, carports, or utility or storage areas contained therein, screened porches, unenclosed areas, cellars, basements and attics. Living area is determined by exterior dimensions.

Living unit means any temporary or permanent unit used for human habitation. See Dwelling unit and Housing unit.

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

Local Planning Agency means the County Planning and Zoning Commission performing the functions set forth in F.S. § 163.3174, as well as the functions set forth in Section 34-115.

Lock-off accommodations means a single living unit designed in such a manner that at least one room and a bathroom can be physically locked off from the main unit and occupied as a separate living unit. Each portion may have a separate outside entry or share a common foyer with separate lockable interior doors or share a lockable door or doors separating the two units.

Lot means a parcel of land considered as a unit. See Lot, corner.

Lot, corner, means:

(1)

A lot located at the intersection of two or more streets where the corner interior angle formed by the intersection of the two streets is 135 degrees or less; or

(2)

A lot abutting a curved street if straight lines drawn between the intersections of the side lot lines and the street right-of-way or easement to the foremost point of the lot form an interior angle of less than 135 degrees.

Lot, double-frontage, means any lot, not a corner lot, having two or more property lines abutting to a street right-of-way or easement. See Section 10-704.

Lot, through, means a lot having two opposite lot lines abutting a street right-of-way or easement. See Section 10-704.

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

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

Lot line means a line which delineates the boundary of a lot.

Lot line, front, means the lot line which separates the lot from a street right-of-way or easement.

Lot line, rear, means that lot line which is parallel to or concentric with and most distant from the front lot line of the lot. In the case of an irregular or triangular lot, a line 20 feet in length, entirely within the lot, parallel to or concentric with and at the maximum possible distance from the front lot line, shall be considered to be the rear lot line. In the case of a through lot, there shall be no rear lot line. In the case of a double-frontage lot, the line directly opposite from the front line shall be designated as either a rear line or a side line depending upon the designation of the adjacent property. In the case of corner lots, the rear lot line shall be the line most nearly parallel to or concentric with and most distant from the front lot line most prevalent along the block.

Lot line, side, means any lot line which is not a front or rear lot line.

Lot measurement, depth. See Section 10-703.

(1)

Lots lawfully created prior to January 28, 1983. Depth of a lot is the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear.

(2)

Lots lawfully created after January 28, 1983. Depth of a lot is the distance between the front lot line and the rear lot line as measured at the midpoint of the front lot line to the midpoint of the rear lot line. To determine the midpoint of a curved line, a straight line is drawn connecting the points of intersection of the curved line with the side lot lines. A line drawn perpendicular to the midpoint of the straight line to the point it intersects the curved line will determine the midpoint of the curved line for the purposes of this chapter.

Lot measurement, width.

(1)

For lots lawfully created prior to January 28, 1983. Width of a lot is considered to be the average distance between straight lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the foremost points of the side lot lines in front (where they intersect with the street line) and the rearmost points of the side lot lines in the rear.

(2)

For lots lawfully created after January 28, 1983. Width of a lot is considered to be the distance between the side lot lines (or a front and side lot line for corner lots) as measured along the minimum required street setback line. See Section 34-2221 for exceptions.

Lot of record means a lot which is part of a plat which has been lawfully recorded in the plat books in the Office of the Clerk of the Circuit Court of the County, and is in compliance with F.S. Ch. 177, or a parcel of land, the deed of which was lawfully recorded in the office of the Clerk of the Circuit Court of the County on or before January 28, 1983.

Low pressure sodium or LPS means a bulb that is filled with low pressure sodium vapor, which has a nearly monochromatic spectrum. LPS emits light that is deep orange in color.

Luminaire means the complete lighting assembly including the lamp, the fixture and other parts, less the support assembly.

Lumen means a unit of light emission. For example, incandescent light bulbs with outputs of 60, 75 and 100 watts emit approximately 840, 1,170, and 1,690 lumens, respectively.

Manufactured housing. See Building, conventional.

Manufacturing means establishments which are primarily engaged in the mechanical or chemical transformation of materials or substances into new products, as well as establishments primarily engaged in assembling component parts of manufactured products if the new product is not a permanent structure or other fixed improvement.

Marina means a commercial or industrial water-dependent use located on property adjacent to water with direct access to a navigable channel. The primary function must be to provide commercial dockage, mooring, storage and service facilities for watercraft and land-based facilities and activities necessary to support the water dependent use. The term "marina" does not apply to docks, davits, boathouses and similar docking facilities that are accessory or ancillary and subordinate to:

1)

Residential buildings that are located on the same premises and under the same ownership or control as the docks, davits, boathouses, boat ramps, and similar docking facilities; and

2)

Commercial or industrial establishments that are not water-dependent uses.

Marina accessory uses means uses normally ancillary and subordinate to a marina, including, but not limited to, sale of marine fuel and lubricants, marine supplies, boats, boat motors, and boat parts; restaurant or refreshment facility, boat rental, minor boat rigging and motor repair. However, no dredge, barge or other work dockage or service is permitted, and no boat construction or reconstruction is permitted. See Boatyard.

Massage establishment means any shop, establishment or place of business as defined by F.S. § 480.033.

Medical office means standard office space for the dispensing of medical and health-related services, including outpatient clinics incidental to such offices. Users may include medical doctors, osteopaths, chiropractors, naturopaths, nurse practitioners, health maintenance organizations and similar group practices, psychiatrists, clinical psychologists, therapists, counselors and similar licensed or professional practitioners, but does not include small animal hospitals or other veterinary clinics.

Mercury vapor means a bulb that is filled with mercury gas under pressure. Emits a blue/white light. Mercury vapor lamps are now classified as hazardous waste.

Metal Halide (MH) means a bulb that is filled with metal halides as well as argon gas and mercury vapor. MH emits a light that is white in color.

Microbrewery, -distillery, or -winery means an establishment that manufactures and packages beers, meads, wines, liquor, or similar beverages on-site, in quantities less than 15,000 barrels (1 barrel = 31 US gallons) per year, and may include an accessory tasting room and retail space for patrons on-site that is clearly incidental to the microbrewery operation.

Mining means an excavation for the primary purpose of removing the extracted material for use off site. This does not include the removal of surplus materials defined in Chapter 10.

Mining operation permit means an approval, issued by the Director after staff review, evidencing compliance with all conditions of the general mining permit have been complied with, and providing that mining operations may commence or continue in accordance with all applicable regulations.

Mini-warehouse means any building designed or used to provide individual storage units with separate exterior doors as the primary means of access, to individuals or businesses for a fee. The storage units must be used solely as dead storage depositories for personal property, inventory and equipment and not for any other use. See Warehousing, public, and Storage, dead.

Mobile food vendor means an operator offering the temporary retail sale, display and accessory advertising of fresh prepared food, pre-cooked food, pre-packaged food, and prepared food from mobile food dispensing vehicles as defined in F.S. § 509.102, or from a similar self-propelled conveyance such as ice cream trucks or canteen vehicles, or non-fixed structure such as a food stand or food vending cart.

Mobile home. See Dwelling unit, types.

Model means a residential or commercial structure or part thereof used solely for demonstration purposes or sales promotion, not occupied as a dwelling unit, and open to the public for inspection.

Modular home. See Building, conventional.

Moor means to secure a vessel with lines.

Multiple-family building. See Dwelling unit, types.

Multiple-occupancy complex means a parcel of property under one ownership or singular control, or developed as a unified or coordinated project, with a building or buildings housing more than five occupants conducting a business operation of any kind.

Multi-slip docking facility means two or more docks that provide vessel mooring slips to unrelated individuals, either for rent or for sale. A multi-slip docking facility is distinguished from a marina in that it has no commercial activity associated with it, including boat rentals or those uses or activities listed under transportation services Group I (see Section 34-622(c)(53)). The term "multi-slip docking facility" does not include boat ramps.

Music store means establishments primarily engaged in the retail sale of musical instruments, phonograph records, sheet music and similar musical supplies.

Newsstand means establishments primarily engaged in the retail sales of newspapers, magazines and other periodicals, including home delivery.

Nightclub means a bar, cocktail lounge, or other similar establishment primarily engaged in serving or selling alcoholic beverages to customers wherein paid floor shows or other forms of paid entertainment are provided for customers as a part of the commercial enterprise.

Nonconforming building or structure, lot or use means an existing building or structure, lot or use, lawful when established, which fails to comply with any provisions of this chapter, or which fails to comply as the result of subsequent amendments. See Article VIII of this chapter.

Nonessential lighting means lighting that is not necessary for an intended purpose after the purpose has been served. For example, lighting for a business sign, architectural accent lighting, and parking lot lighting, may be considered essential during business or activity hours, but is considered nonessential once the activity or business day has concluded.

Nontransient park means a recreational vehicle development designed, intended or used for long term (six months or longer) emplacement of a recreational vehicle on recreational vehicle sites that are lawfully subdivided, platted, recorded or otherwise approved by the Board of County Commissioners. Individual sites may be rented or leased, owned by individuals, or part of a condominium, cooperative or other similar arrangement.

North American Vertical Datum of 1988 (NAVD 88) means the vertical control used as a reference for establishing varying elevations within the floodplain.

Nursery school. See Day care center, child.

Oil or gas exploration wells means the sinking or driving of wells for the purpose of oil or gas exploration.

Oil or gas extraction wells means the sinking or driving of wells for the purpose of oil or gas extraction.

Outdoor lighting means any outdoor artificial lighting device, fixture, lamp, or other similar device, permanently installed or portable, that is intended to provide illumination for either visibility or decorative effects. Vehicle lights and flashlights are not included in this definition.

Outparcel means a parcel divided from an original (parent) development tract, defined by metes and bounds or by a subdivision plat depicting it as an undivided tract, and intended for conveyance or conveyed to a party (developer) subsequent to the original developer, or withheld by the developer for development separately from the majority of the original development tract.

Package store means a place where alcoholic beverages are dispensed or sold in factory sealed containers for consumption off the premises.

Paint ball range, outdoor, means a simulated exercise conducted outdoors in which players use paint-shooting guns to engage their opponents.

Paint, glass and wallpaper store means establishments engaged in selling primarily paint, glass and wallpaper, or any combination of these lines, to the general public.

Park-trailer. See Recreational vehicle.

Parking lot, accessory, means an area of land set aside for the temporary parking of vehicles owned or leased by the owner of the premises, guests, employees or customers of the principal use.

Parking lot, commercial, means a parking lot which constitutes the principal use of the property, and which is available to the public for a fee, or which may be leased to individual persons.

Parking lot, park-and-ride, means a parking lot that constitutes the principal use of the property and serves a bus station/depot or a bus stop on a transit route whereby a user leaves their vehicle and travels via bus, carpool, vanpool or bike. Park-and-ride lots must obtain designation by Lee County Transit (LeeTran).

Parking lot, temporary, means an area of land set aside to provide overflow parking (seasonal) as set forth in Section 34-2022.

Partially shielded means that the outdoor lighting fixture is constructed so that at least 90 percent of the light emitted by the fixture is projected below the horizontal plane of the lowest point of the fixture.

Participant means a nonparty appearing at a Hearing Examiner proceeding, in person or through authorized representative, and providing legal argument or testimony.

Party to proceedings before the Hearing Examiner or Board means the applicant/Appellant and the County (and their representatives). The term "party" does not include participants or their representatives.

Permanent resident is defined as provided in F.S. § 196.012.

Permanent unit means any recreational vehicle (df) that is intended to be left emplaced on a recreational vehicle site for six months or longer.

Pet services means establishments primarily engaged in providing grooming, obedience training and other services for pets not requiring the services of a veterinarian, not including animal clinics or kennels.

Pet shop means establishments primarily engaged in the retail sale of pets and pet supplies.

Pharmacy means an establishment strictly for the preparation or dispensing of prescription drugs and medicines and related products.

Photofinishing laboratories means establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade.

Photometrics means the display of the measurement of the quantities associated with light.

Piped music means recorded background music transmitted by radio, telephone, or satellite to built-in sets in offices, restaurants, waiting rooms, etc.

Place of worship means a structure or structures designed primarily for accommodating an assembly of people for the purpose of religious worship, including related religious instruction, church or synagogue ministries involving classes for 100 or less children during the week, and other church or synagogue sponsored functions which do not exceed the occupancy limits of the building.

Planned development means a development that is designed and developed as a cohesive, integrated unit under unified control that permits flexibility in building siting, mixture of housing types or land uses, clustering, common functional open space, the sharing of services, facilities and utilities and protection of environmental and natural resources.

Planned unit development (PUD). See Article VI, Division 10, Subdivision IV of this chapter.

Plant nursery means any lot, structure or premises used as an enterprise for the purpose of growing or keeping of plants for sale or resale.

Plat means a subdivision of land as defined by F.S. Ch. 177.

Player development academy means a facility ancillary to a County-owned or -operated stadium with exercise, training, rehabilitation and nutritional programs and subordinate amenities such as housing, kitchen, dining hall, theater, classrooms, and multi-purpose and recreation rooms.

Point source of light means a manmade source emanating light, including, but not limited to, incandescent, tungsten-iodine (quartz), mercury vapor, fluorescent, metal halide, neon, halogen, high-pressure sodium and low-pressure sodium light sources, as well as torches, camp and bonfires.

Premises means any lot, area or tract of land.

Premises, on the same, means being on the same lot or building parcel or on an abutting lot or adjacent building in the same ownership.

Principal building. See Building, principal.

Prison means a State or federally-operated facility for incarcerating criminal offenders.

Private recreational facilities includes nature trails, tent camping areas, boardwalks, play areas (as defined in Park Planning Guidelines, Third Edition), horse stables and riding areas, golf courses, and other uses as set forth in Section 34-941(c).

Processing and warehousing means the storage of materials in a warehouse or terminal and where materials may be combined, broken down or aggregated for transshipment or storage purposes where the original material is not chemically or physically changed. The term "processing and warehousing" means an establishment for storage and shipment as opposed to a manufacturing establishment.

Produce stand means structures, vehicles, trailers or other contrivances that are erected, emplaced or parked and that are used for the display or sale of agricultural products grown or produced on the same premises, or agricultural products grown or produced on other farms if the farms are located within the County and are under the control of the operator of the produce stand. Nonagricultural products must not be displayed or sold from produce stands. See Section 34-1713 for applicable regulations.

Property line. See Lot line.

Quarter section line is synonymous with half section line and will mean either of two lines which, used in combination, divide a Section of land into four quarters.

Recessed means a lamp built into a horizontal fixture or portion of a fixture, or into an outdoor ceiling or canopy so that the lamp is fully cut-off, and no part of the lamp extends or protrudes beyond the underside of a fixture or portion of a fixture or structure.

Record means the information presented to the Hearing Examiner and made a part of the hearing record, as evidenced by the recording of the hearing and the documents and materials accepted as exhibits.

Recreation facilities. The following definitions do not apply to the PRFPD District.

(1)

Recreation facilities, commercial, means recreation equipment or facilities not classified as a park (Section 34-622(c)(32)), or as personal, private-on-site, or private-off-site facility, but instead operated as a business and open to the public for a fee. See Section 34-622(c)(38).

(2)

Recreation facilities, personal, means recreation equipment or facilities such as swimming pools, tennis, shuffleboard, handball or racquetball courts, swings, slides and other playground equipment and an open, roofed picnic pavilion. These uses must be an accessory use on the same premises and in the same Zoning District as the principal permitted use, with the exception of the picnic pavilion and designed to be used primarily by the owners, tenants, or employees of the principal use and their guests.

(3)

Recreation facilities, private, on-site, means recreation equipment or facilities such as residential multi-slip docking facilities; community horse stables, arenas, riding paths, paddocks or similar facilities; swimming pools, tennis, shuffleboard, handball or racquetball courts; or swings, slides, and other playground equipment that is owned, leased or operated by a homeowners', co-op, or condominium association and located in the development or neighborhood controlled by the association.

(4)

Recreation facilities, private, off-site, means recreation equipment or facilities such as, but not limited to, swimming pools, tennis, shuffleboard, handball or racquetball courts, picnic facilities, swings, slides and other playground equipment owned, leased or operated by a homeowners', co-op, or condominium association for use by the association's members and guests, but which are not located in the development or neighborhood controlled by the association.

Recreation hall means a building owned or operated by a condominium or homeowners' association for a social or recreational purpose, but not for profit or to render a service which is customarily carried on as a business. This definition does not include fraternities or sororities.

Recreational vehicle means a recreational vehicle type unit defined in F.S. § 320.01(1)(b). It is primarily designed as temporary living unit for recreational, camping or travel use, and has its own motive power or is mounted on or drawn by another vehicle. This definition will change to be consistent with changes to State law without amendment to this chapter. Types of recreational vehicles are:

(1)

Travel trailer means a vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living unit for recreational, camping or travel use. It has a body width of no more than 8½ feet and an overall body length of no more than 40 feet when factory-equipped for the road.

(2)

Camping trailer means a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use.

(3)

Truck-camper means a truck equipped with a portable unit designed to be loaded onto or affixed to the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping or travel use.

(4)

Motor home means a vehicular unit which does not exceed the length and width limitations provided in F.S. § 316.515, is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping or travel use.

(5)

Van conversion means a vehicular unit which does not exceed the length and width limitations provided in F.S. § 316.515, is built on a self-propelled motor vehicle chassis, and is designed for recreational, camping or travel use.

(6)

Park-trailer means a transportable unit which has a body width not exceeding 14 feet, is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for the operation of installed fixtures and appliances. The total area of the unit in setup mode, when measured from the exterior surface of the exterior walls at the level of maximum dimensions and including any bay window that extends to the floor line, does not exceed 400 square feet when constructed to ANSI A-119.5 standards, or 500 square feet if constructed to the U.S. Department of Housing and Urban Development standards. The length of a park-trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. For the purposes of this chapter, the terms "park-trailer," "park model" and "park model trailer" are synonymous.

(7)

Private motor coach means a vehicular unit which does not exceed the length, width, and height limitations provided in F.S. § 316.515(9), is built on a self-propelled bus type chassis having no fewer than three load-bearing axles and is primarily designed to provide temporary living unit for recreational, camping, or travel use.

(8)

Fifth-wheel trailer means a vehicular unit mounted on wheels, designed to provide a temporary living unit for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit, of gross trailer area not to exceed 400 square feet in the setup mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.

Recreational vehicle park, existing, means a parcel (or portion thereof) or abutting parcels of land, with conventional recreational vehicle district zoning, designed, used or intended to be used to accommodate two or more occupied recreational vehicles, and in which necessary utilities and streets and the final site grading or paving of concrete pads or vehicle stands was completed prior to September 16, 1985.

Recreational vehicle park, expansion, to an existing means the preparation of additional sites, by the construction of facilities for servicing the sites on which the recreational vehicles are located (including the installation of utilities, final site grading, pouring of concrete pads or the construction of streets), for which a preliminary development order was not issued by the County prior to September 16, 1985. The term "recreational vehicle park, expansion," does not include pads for utility rooms, enclosures or storage sheds where permitted.

Recreational vehicle park resident, permanent, means any person who currently owns and has resided at a specific address within a recreational vehicle park for a continuous period of over 12 months prior to September 16, 1985, and who filed an affidavit with the County by October 31, 1985.

Recycling facility means a building within which sorting, separating, baling or crushing of materials such as glass, aluminum or paper products is conducted prior to being transported to another location for recycling into usable products. The term "recycling facility" may not be interpreted to include auto wrecking or salvage yards, junkyards, trash or refuse dumps, incinerators, wood chipping, or shredding and composting of vegetative matter.

Redevelopment means development characterized by renovation or replacement of existing structures.

Relevant evidence means information having the tendency to prove or disprove any fact of consequence to the decision to be made. The "decision to be made" in zoning matters is whether the application/appeal complies with applicable review criteria, including the project's consistency with the Lee Plan and this Code.

Religious facilities means religious-related facilities and activities, which may include, but are not limited to, places of worship, bus storage facilities or areas, convents, monasteries, retreats, church or synagogue ministries involving classes for more than 100 children during the week, and homes for the aged.

Residence. See Dwelling unit, Living unit, andHousing unit.

Residential exterior cladding means customary residential siding which extends from the base of a building to the roof eave, such as wood, metal, and vinyl lap siding, brick and composite materials. The term "residential exterior cladding" excludes corrugated and ribbed galvanized steel or similar finishes, generally applied in nonresidential or agricultural applications.

Resource recovery means various techniques of recovering reusable or recyclable materials or energy from garbage and trash.

Restaurant, fast food, means an establishment whose principal business is the sale of food or beverages in a ready-to-consume state primarily for off-site consumption, and that may contain drive-through facilities.

Restaurant, standard, means an establishment whose principal business is the sale of food or beverages to customers in a ready-to-consume state, and principal method of operation includes one or both of the following characteristics:

(1)

Customers are served their foods and beverages by a restaurant employee at the same table or counter where food and beverages are consumed.

(2)

A cafeteria-type operation is conducted where food and beverages generally are consumed within the restaurant building.

Retaining wall means a vertical bulkhead located above mean high water and landward of any existing wetland vegetation or littoral zone characterized by the presence of intertidal fauna. See Vertical seawall.

Right-of-way line. See Street right-of-way line.

Roofed means any structure or building with a roof which is intended to be impervious to weather. See building.

Rooming unit means a room or group of rooms used, or designed and intended to be used, as a living facility for a single-family, and which contains provisions for living, sleeping and sanitation but does not provide cooking or eating facilities.

Roominghouse means a residential building used, or intended to be used, as a place where sleeping or housekeeping accommodations are furnished or provided for pay to transient or permanent guests or tenants in which less than ten and more than three rooms are used for the accommodation of such guests or tenants, but which does not maintain a public dining room in the same building or in any accessory building.

Screen enclosure means a structure, in whole or in part self-supporting, with walls and a roof of insect screening intended to provide protection from insects not designed to be impervious to weather.

Setback means the minimum horizontal distance required between a specified line and the nearest point of a building or structure.

(1)

Street setback means the setback extending across the front of a lot measured from the edge of an existing or proposed street right-of-way or street easement. See Section 34-2192 for requirements. Whenever this chapter refers to street setback it means existing or proposed street right-of-way or street easement, whichever is greater.

(2)

Side setback means the setback, extending from the required street setback to the required rear lot line, or opposing street setback in the case of a double-frontage lot, measured from the side lot line.

(3)

Rear setback means the setback, extending across the rear of a lot, measured from the rear lot line.

(4)

Waterbody setback means the setback measured from the mean high water line (MHWL), or the control elevation line, if applicable, of a water body. See Section 34-2194 for requirements.

Shield means to establish a visual and sound barrier by the use of a berm, wall, screening or other methods that will not permit the sound or sight of the facility in question to be apparent from adjoining property.

Shoreline means a straight or smoothly curved line which, on tidal waters, follows the general configuration of the mean high-water line, and which on nontidal waters is determined by the annual average waterline. Boat slips and other manmade or minor indentations will be construed as lying landward of the shoreline and are considered upland when computing the lot area of waterfront property.

SIC Code means a two-, three- or four-digit numeric code that identifies commercial or industrial activities and classifies firms according to standards set down in the Standard Industrial Classification Manual, 1972 (Washington: GPO, 1972).

Single-family residence. See Dwelling unit, types.

Single management means that a single entity is responsible for the daily management and operation of the establishment or place of business.

Skyglow means illumination of the sky from artificial sources.

Southeast Lee County means the land designated as Planning District #18 on Lee Plan Map 1-B.

Special exception means a certain specified departure from the regulations of this chapter for a use that is not permitted generally within a zoning district, but which, may be permitted when controlled under specified conditions designed to promote the public health, safety, welfare, order, comfort, convenience, appearance or prosperity, and may be permitted, in accordance with other applicable regulations.

Stable, boarding, means any location where horses are kept for a fee, which is not a private or commercial recreation stable. Dressage and riding lessons may occur for the boarders only.

Stable, commercial, means any location where horses are kept principally for sale or hire and where the following activities may occur, horse training, dressage, riding lessons, trail riding, grooming and ancillary uses required to conduct these activities.

Stable, private, means any premises where horses are kept which are owned by and solely for the use of the occupants of the premises.

Storage means the safekeeping of goods, wares, products or other commodities in an area for more than 48 hours for later use or disposal. The term "storage" includes the keeping of boats, cars, recreational vehicles, etc., for others, whether or not compensation is made to the property owner. The term "storage" does not include animals, nor does it apply to the outdoor display of products for sale such as boats, mobile homes, construction equipment vehicles, landscaping materials, or customary and usual activities accessory to agricultural or residential uses.

Storage, dead, means the storage of goods, wares, products or other commodities, with no sales, conferences or other human activity other than the placement, removal or sorting of stored items.

Storage, indoor, means storage accessory to a permitted use contained wholly within a building. When listed as a permitted or permissible use in the zoning district regulations, it will not be construed to mean a warehouse or a mini-warehouse.

Storage, open, means any storage not defined as indoor storage.

Story (floor) means that portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.

STRAP number means a means of property identification which consists of the section, township, range, area and parcel numbers.

Street means a public or private thoroughfare which affords vehicle access to the principal means of ingress or egress to a lot. The term "street" is synonymous with the terms "avenue," "boulevard," "drive," "lane," "place," "road," and "way," or similar terms.

Street right-of-way, existing is a general term denoting land, property or interest therein, usually in a strip, acquired for or devoted to transportation purposes, which has been dedicated to the public and accepted by the Board of County Commissioners.

Street right-of-way orstreet easement line means an imaginary line delineating the boundary of an existing or proposed street right-of-way or street easement.

Street right-of-way, proposed, is a general term denoting land or property, usually in a strip, identified on Lee Plan Map 3A, as land to be used in the future for transportation purposes.

Structure means that which is built or constructed. The term "structure" will be construed as if followed by the terms "or part thereof."

Sufficiency means that the application is not only complete but that all sections are sufficient in the comprehensiveness of data or in the quality of information provided to allow the County to determine whether the application affords the reviewing agencies adequate information to prepare the reports required.

Supermarket means a retail establishment which is principally for the sale of general food items on a cash and carry basis, generally self-service in arrangement, and frequently with a wide range of nonfood items, including sundries, package sale of alcoholic beverages, hardware and the like, and frequently housing discrete but subordinate commercial operations such as bakeries, restaurants, pharmacies and package stores. A supermarket is to be distinguished from a grocery store on the basis of scale, being usually 25,000 square feet or larger in size, and the broader mix of goods and services.

Surplus material means material that absolutely must be excavated in order to comply with permit requirements, and which cannot reasonably be expected to be used on the same premises for any purpose.

Surveyor or professional surveyor means a professional surveyor and mapper (PSM) duly registered and licensed by the State.

Tactical training facility means a venue that provides facilities for the practical training of government funded law enforcement, fire, emergency medical and emergency management personnel. Such venues may include indoor and outdoor facilities and may incorporate the use of vehicles and equipment relating to the performance of these jobs. Tactical training facilities may include: shooting ranges, Military Operations on Urban Terrain (MOUT) sites, explosives handling, chemical munitions handling, hazardous materials handling, riot control training, K-9 training, mounted patrol training, obstacle courses, physical conditioning courses, rappelling towers, driving courses, emergency response training, fire training, confined space training, police and fire academy training, storage, classroom and other ancillary facilities necessary and related to these activities.

Taproom. See Bar and cocktail lounge.

Tasting room means an area within a microbrewery, -distillery, -winery, or brewpub devoted to the sampling and retail sales thereof of beer, spirits, or wine produced on-site for on- or off-site consumption.

Theater, indoor, means a building or part thereof devoted to showing motion pictures, or for dramatic, musical or live entertainment, but not including nightclubs.

Through lot. See Lot, through.

Timeshare unit means any dwelling unit for which a timesharing plan, as defined in F.S. Ch. 721, has been established and documented. See Section 34-1494 for determining density of timeshare units that include lock-off accommodations.

Townhouse. See Dwelling unit, types.

Transient guest means a guest that registers, rents, leases, or lets a living unit or accommodations for six months or less.

Transient park means a recreational vehicle development designed or used for short term (less than six months) emplacement of a recreational vehicle on recreational vehicle sites that are lawfully subdivided, platted, recorded or otherwise approved by the Board of County Commissioners. Individual sites may be rented or leased, owned by individuals, or part of a condominium, cooperative or other similar arrangement.

Transient unit means a recreational vehicle which is brought to the recreational vehicle park by the user and is removed from the park at the end of the user's visit.

Transportation Department means the County Department of Transportation.

Travel trailer. See Recreational vehicle.

Truck farm means the horticultural practice of growing one or more vegetable crops on a large scale for shipment to distant markets.

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

Trucking terminal means an area or building where cargo is stored and where trucks load and unload cargo on a regular basis. Ancillary facilities may provide for parking, storing or servicing of trucks.

Two-family. See Dwelling unit, types.

Unauthorized communication means any direct or indirect communication, in any form, whether written, verbal or graphic, with the Hearing Examiner or the Hearing Examiner's staff, by any person outside of a public hearing and not on the record, concerning substantive issues in any proposed or pending matter relating to appeals, variances, special permits, rezonings, special exceptions, or any other matter assigned by statute, ordinance or Administrative Code to the Hearing Examiner for decision or recommendation, except as permitted in the County Administrative Code.

Unified control means that a single property owner or entity has been authorized by all owners of the property to represent them and to encumber the parcel with covenants and restrictions applicable to development of the property as approved by the County.

Uplighting means lighting that directly or indirectly projects light in such a manner as to shine light rays above the horizontal plane passing through the lowest point of a luminaire.

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, or intended to be carried on, in a building or other structure or on a tract of land.

Use, accessory, means a use of a structure or premises located on the same premises as the principal use and is customarily incidental and subordinate to the principal use of the structure or premises. See Use, principal.

Use, mixed, means the development of land or building or structure with two or more different but compatible uses, such as but not limited to, residential, office, industrial and technological, retail, commercial, public, entertainment or recreation uses, in a compact urban form.

Use, principal, means the primary purpose for which land or a structure or building is used.

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

Use, special permit. See Special exception.

Use, temporary, means an outdoor use or activity which is permitted only for a limited time such as promotional events, tent sales, charity events, craft or art fairs, car shows, retail stands, food stands, or other similar uses deemed appropriate by the Director. Temporary uses are subject to specific regulations and permitting procedures.

Use permitted by right means a use or uses which, by their very nature, are allowed within the specified Zoning District provided all applicable regulations of the County are met. Permitted use includes the principal use of the land or structure as well as accessory uses, unless specifically stated to the contrary.

Variance means a departure from the provisions of this chapter or from any County ordinance (excluding building codes) relating to building and other structural setbacks, lot dimensions such as width, depth or area, structure or building height, open space, buffers, parking or loading requirements, lot coverage, impervious areas, landscaping and similar type regulations.

Variance, use, means an attempt to allow a use in a district not allowed by this Code, except as provided in Sections 34-620 and 34-933.

Variety store means a retail store offering a broad mix of generally nondurable goods, notions and sundries, also generally of moderate price. Durable goods, such as furniture, large appliances and the like, are seldom offered in a variety store.

Vertical seawall means a vertical bulkhead located at or below mean high water, built to withstand wave force and erosion. See Retaining wall.

Warehouse, high cube, means large warehouses and distribution centers with a high level of mechanization and low level of on-site employment located within a building with a minimum gross floor area of 100,000 square feet, a minimum ceiling height of 24 feet, dock-high loading bays at a minimum ratio of one door per 10,000 square feet of high cube warehouse floor area, and a maximum accessory office floor area of five percent of the overall building. High-cube warehouses may only be located within IPD and MPD and may not be used for manufacturing or labor-intensive purposes.

Warehouse, hybrid, means any building designed or used to provide individual storage units with separate exterior doors as the primary means of access, to individuals for a fee or through individual ownership. In addition to dead storage depositories for personal property, individual storage units may also include ancillary accommodations such as restrooms, mezzanines, or other improvements to create occupiable space, as defined by the Florida Building Code, for personal hobby or recreation space for individual unit tenants or owners. See Mini-warehouse, Warehouse, public, and Storage, dead.

Warehouse, private, means indoor terminal facilities operated primarily for a specific commercial establishment or group of establishments in a particular industrial or economic field, such as moving companies, transfer companies, freight delivery, specific retail store storage or beverage distribution, but not generally accessible to the public.

Warehouse, public, means indoor storage units available to the general public at a fee for the dead storage of farm products, furniture and other household goods or commercial or private goods of any nature. Access to the storage units is from interior doors and individual exterior overhead doors are not provided. See also Mini-warehouse.

Water, body of.

(1)

Artificial body of water means a depression or concavity in the surface of the earth, other than a swimming pool, created by human artifice, or that portion of a natural body of water extended or expanded by human artifice, and in which water stands or flows for more than three months of the year.

(2)

Natural body of water means a depression or concavity in the part of the surface of the earth lying landward of the line of mean sea level (NAVD) which was created by natural geophysical forces and in which water stands or flows for more than three months of the year; also, the bays and estuaries lying between the County mainland and the barrier islands (Gasparilla Island, Cayo Costa, North Captiva Island, Captiva Island, Sanibel Island, Estero Island, Lovers Key, Big Hickory Island and Little Hickory Island and Bonita Beach) with the outermost boundary defined by a series of short straight lines that can be drawn connecting these islands.

Water-dependent uses means land uses for which water access is essential and which could not exist without water access.

Water-related uses means land uses that might be enhanced by proximity to the water but for which water access is not essential.

Waterway means any bay, river, lake, canal or artificial or natural body of water connected to navigable waters of the United States.

Wetlands, consistent with F.S. § 373.019(27), means those areas inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptions, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto.

(LDC 1994, § 34-2; Zoning Ord. 1993, § 1000; Ord. No. 93-14, § 8, 4-21-1993; Ord. No. 93-24, § 20, 9-15-1993; Ord. No. 94-02, § 5, 1-19-1994; Ord. No. 94-24, § 3, 8-31-1994; Ord. No. 95-07, § 9, 5-17-1995; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 98-28, § 5, 12-8-1998; Ord. No. 99-05, § 9, 6-29-1999; Ord. No. 99-22, § 3, 12-14-1999; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 01-18, § 5, 11-13-2001; Ord. No. 02-15, § 2, 4-9-2002; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 03-16, § 6, 6-24-2003; Ord. No. 04-05, § 1, 4-27-2004; Ord. No. 05-14, § 6, 8-23-2005; Ord. No. 06-06, § 1, 4-11-2006; Ord. No. 07-19, § 6, 5-29-2007; Ord. No. 07-24, § 7, 8-14-2007; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 10-24, § 1, 6-8-2010; Ord. No. 10-25, § 4, 6-8-2010; Ord. No. 11-01, § 5, 3-8-2011; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 12-19, § 3, 9-11-2012; Ord. No. 12-20, § 4, 9-11-2012; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 15-11, § 1, 6-16-2015; Ord. No. 15-15, § 1, 11-17-2015; Ord. No. 16-19, § 10, 11-15-2016; Ord. No. 18-10, § 1, 3-20-2018; Ord. No. 19-03, § 7, 4-2-2019; Ord. No. 21-08, § 9, 6-1-2021; Ord. No. 22-01, § 2(34-2), 1-18-2022; Ord. No. 22-12, § 2(34-2), 5-17-2022; Ord. No. 23-22, § 3, 9-5-2023; Ord. No. 24-14, § 8, 10-1-2024; Ord. No. 25-09, § 5, 4-15-2025; Ord. No. 25-12, § 2, 6-17-2025)

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

(1)

Where the term "ordinance," "law," "statute," or "map" is referred to in the text, it is meant to include the phrase "as adopted and as amended from time to time" unless specifically stated to the contrary in the text.

(2)

In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table or illustrative table, the text will control.

(3)

Where this chapter refers to a specific federal, State or County agency, department or division, it will be interpreted to mean, "or any succeeding agency authorized to perform similar functions or duties."

(LDC 1994, § 34-3; Zoning Ord. 1993, § 200; Ord. No. 94-24, § 4, 8-31-1994)

(a)

Scope. The provisions of this chapter shall apply uniformly to all land, water, buildings and structures now or hereafter located in the unincorporated areas of the County.

(b)

Deed restrictions. The provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. It is not intended by this chapter to interfere with, abrogate or annul any easements, covenants or other agreement between the parties; provided, however, that, where this chapter imposes a greater restriction upon the uses of structures, land and water, or requires more open space, than is required by other rules or regulations, or by easements, covenants or agreements, by recorded deed, plat or otherwise, the provisions of this chapter shall govern. The County shall not be responsible for the enforcement of private deed restrictions.

(c)

Vested rights. Nothing in this chapter is to be interpreted or construed to give rise to any vested right in the continuation of any particular use, district or zoning classification or any permissible activities therein; and such use, district, zoning classification and permissible activities are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the protection of public health, safety and welfare.

(d)

Special regulations for Gasparilla Island Conservation District. Gasparilla Island, Boca Grande Isles, Gasparilla Golf Course Island, Three Sisters Island, Hoagen's Key and Loomis Island are subject to special regulations as set forth in Laws of Fla. Chs. 80-473, 83-385 and 86-341.

(LDC 1994, § 34-4; Zoning Ord. 1993, § 201)

(a)

The interpretation and application of the provisions of this chapter will be reasonably and uniformly applied to all property within the unincorporated area of the County. The provisions of this chapter are regulatory.

(b)

The provisions of this chapter will be held to be the minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity or general welfare, and for securing safety from fire and other dangers, providing adequate light and air, and preventing excessive concentration of population.

(c)

Whenever the regulations and requirements of this chapter are at variance with the requirements of any other lawfully enacted and adopted rules, regulations, ordinances or laws, the most restrictive will apply.

(LDC 1994, § 34-5; Zoning Ord. 1993, § 905.03; Ord. No. 01-18, § 5, 11-13-2001)

If the subject property is located in one of the following communities, the owner/applicant will be required to demonstrate compliance with the requirements applicable to the specific community as outlined in Chapter 33.

(1)

Greater Pine Island.

(2)

Page Park.

(3)

Caloosahatchee Shores.

(4)

Lehigh Acres.

(5)

North Fort Myers.

(6)

Matlacha.

(7)

Upper Captiva.

(8)

North Olga.

(9)

San Carlos Island Overlay District.

(LDC 1994, § 34-6; Ord. No. 07-19, § 6, 5-29-2007; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 12-01, § 6, 1-10-2012; Ord. No. 12-14, § 4, 6-12-2012; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 14-20, § 4, 10-21-2014; Ord. No. 16-19, § 10, 11-15-2016; Ord. No. 24-14, § 8, 10-1-2024)

(a)

The Lee Plan is the document adopted by the Lee County Board of County Commissioners in accordance with F.S. Ch. 163 to guide and regulate all land development activities within Lee County. All development orders (including rezonings), as defined in F.S. § 163.3164(15), shall be consistent with the goals, objectives, polices and standards in the Lee Plan. Where there are apparent conflicts between the Lee Plan and any regulations in the Chapter, the Lee Plan will prevail.

(b)

The Lee Plan contains a future land use map which divides the County into future urban, future suburban, and future non-urban areas. All development must be consistent with the future land use map, the definitions of the land use categories in the text of the plan, and the remainder of the text of the Lee Plan.

(c)

This chapter includes a list of zoning districts. Some of these zoning districts permit uses, densities, or intensities that are not permitted in particular future land use map categories. Property may not be rezoned to a district that is inconsistent with the applicable future land use map category or with the remainder of the text of the Lee Plan.

(LDC 1994, § 34-491; Ord. No. 94-24, § 21, 8-31-1994; Ord. No. 24-14, § 8, 10-1-2024)