Abandoned sign shall mean (a) any sign face which advertises a business no longer conducted or product no longer sold. In making the determination that a sign advertises a business no longer being conducted, the city shall consider the existence or absence of a current occupational license, utility service deposit or account, use of the premises, and relocation of the business; (b) any sign structure which has not been used for business purposes for over six (6) months, that is nonconforming as to existing codes regarding height, setback of sign area; and (c) any previously permitted portable changeable copy or temporary sign for which the permitted time has expired.

Access shall mean a way or means of approach to provide vehicular or pedestrian entrance or exit to a property.

Access classification means a ranking system for roadways used to determine the appropriate degree of access management. Factors considered include functional classification, the City of Leesburg's or FDOT's adopted plan for the roadway, subdivision of abutting properties, and existing level of access control.

Access connection means any driveway, street, turnout or other means of providing for the movement of vehicles to or from the public roadway system.

Access management means the process of providing and managing access to land development while preserving the regional flow of traffic in terms of safety, capacity, and speed.

Access management plan (corridor) means a plan illustrating the design of access for lots on a highway segment or an interchange area that is developed jointly by the state, the metropolitan planning organization, and the affected jurisdiction(s).

Accessory building or use shall mean a subordinate structure or a portion of the main structure, the use of which is incidental to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

Accessory dwelling unit/guest house means a second dwelling unit that is located in an owner occupied single family detached home, or is a separate detached structure on the same lot as an owner-occupied single family detached home. Such dwelling units shall contain their own sleeping area individual kitchen, as defined herein, bathing and toilet facilities. The facilities shall be architecturally designed to be similar to the principal dwelling. Occupancy of the accessory dwelling and principal dwelling by members of the same family or other related persons shall have no bearing on the applicability of this definition.

Addition shall mean an extension or increase in floor area or height of a building or structure.

Administrator shall mean the city manager or designated representative.

Adult book and/or video store shall mean a substantial or significant portion, over twenty-five (25) percent of its stock in trade, books, magazines, videos, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.

Adult day care center means any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services to three (3) or more persons who are eighteen (18) years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services.

Adult motel shall mean a motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult motion picture theater shall mean an enclosed building or drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

Adult uses. The following are defined as adult uses: In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having objectionable operational characteristics, particularly when they are operated in certain high density residential areas thereby having a deleterious effect upon the adjacent areas. Regulation of these uses is necessary to ensure that these effects shall not contribute to the lighting or downgrading of the surrounding neighborhood. Such uses are: Adult book store; adult motion pictures theater; cabaret; massage parlors; adult motel; model studio; and sexual encounter center. The following organizations are exempt under this section: A proprietary school licensed by the state; a college, junior college, or university supported entirely or partly by taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the state, nor barbershops or beauty salons where massages are administered only to the scalp, the face, the neck or the shoulder.

Advertising message shall mean that copy on a sign describing products or services being offered to the public.

Affordable housing means housing which is available at a price or rent not exceeding thirty (30) percent of a low income household's gross income. Owner occupied housing costs include principal, interest, insurance, and property taxes. Rental housing costs include the contract rent. Low income household is defined as a household with gross income which is at or below eighty (80) percent of median income adjusted for family size, consistent with annually adjusted department of housing and urban development income guidelines.

Affordable housing development means a development where twenty (20) percent or more of the housing is available to these groups, and where documentation of continued availability has been certified by site review conducted by the housing department.

Age restricted development means a community/development project where the land is planned and developed to provide a community for persons fifty-five (55) years or older and community support districts. Community support districts are distinct mixed use areas with non age-restricted dwelling units within close proximity to age restricted dwelling units.

Agriculture—Field crops/wholesale nursery shall mean the production, keeping, or maintenance, for sale, lease, or personal use, of plants useful to man, and may include, but not be limited to, forage and sod crops, grain and seed crops, fruits of all kinds, vegetables, and nursery, floral, ornamental, and greenhouse products.

Agriculture—Processing/hatcheries shall mean the production, keeping, maintenance, or processing, for sale, lease, or personal use, of animals and plants useful to man, and may include, but not be limited to, dairy animals and dairy products, grain mills, poultry and poultry products.

Airport shall mean the Leesburg Municipal Airport.

Airport elevation shall mean the established elevation of the highest point on the usable landing area.

Airport hazard shall mean any structure, tree or use of land which obstructs the airspace required for or is otherwise hazardous to the flight of aircraft in landing or taking off at the airport.

Airport reference point means the point established as the approximate geographic center of the airport landing area and so designated.

Alcoholic beverages shall mean any beverage containing more than three and two-tenths (3.2) percent of alcohol by weight as measured under the standards of F.S. § 561.01(4)(b)., shall be deemed and held to be intoxicating beverages.

Alley shall mean any public space or thoroughfare twenty (20) feet or less in width which has been dedicated or deeded for public use which may afford only a secondary means of access to abutting property.

Alter or alteration shall mean any change or modification in construction or occupancy.

Amusement device shall mean a mechanically operated device which is used to convey persons in any direction as a form of amusement.

Anchor tenant shall mean a retail store(s) in a shopping center that is/are in excess of fifteen thousand (15,000) square feet of gross floor area and possess at least one hundred (100) feet of building frontage.

Animated sign shall mean any sign of which all or part thereof revolves or moves in any fashion whatsoever, including multi-prism indexing signs; any sign which contains or uses for illumination any light, lights, or lighting device or devices which change color, show movement or motion, or change the appearance of said sign or any part thereof automatically. This shall include public service information signs.

Apartment shall mean any dwelling unit as defined in this Code.

Apartment house shall mean any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of more than two (2) families living independently of each other and doing their own cooking in the building, and shall include flats and apartments.

Appeal shall means a request for a review of the designated administrative official's interpretation of any provision of this chapter or a request for a variance.

Approved shall mean approved by the planning and zoning official or other authority having jurisdiction.

Arcade shall mean an area contiguous to a street or plaza that is open and unobstructed, and that is accessible to the public at all times. Arcades may include building columns, landscaping, statuary and fountains. Arcades do not include off-street loading/unloading areas, driveways or parking areas.

Architect shall be deemed to be a duly registered and licensed architect.

Architectural feature shall means any construction attending to, but not an integral part of the sign, such as, by way of example not limitation, landscape, building, or structural forms that enhance the site in general; it also includes, graphic stripes and other architectural painting techniques applied to a structure that serves a functional purpose, or when the stripes or other painting techniques are applied to a building provided such treatment does not include lettering, logos or pictures.

Area (building) shall mean the maximum horizontally projected area of the building at or above grade, exclusive of court and vent shafts.

Area (floor) shall mean the usable area of each story of a building, or portion thereof, within surrounding exterior walls.

Area of a sign shall mean the total surface of a sign face including the background and frame but not structural supporting elements outside of its frame. Where a sign is composed of skeleton letters, characters, or symbols applied to a background which is not a structural part of the sign, the area of the sign shall be the smallest rectangle, triangle, circle, or any other geometric figure which shall include the display.

Area of shallow flooding means a designated AO or VO Zone on the flood insurance rate map (FIRM) currently in effect for the City of Leesburg and Lake County, Florida, with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

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

Arterial shall mean a route providing service which is relatively continuous, of high traffic volume, of long average trip length, of high operating speed, and of high mobility importance. In addition, all United States numbered highways shall be arterial roads.

Articulate shall mean to give emphasis to or distinctly identify a particular element. An articulated façade would be the emphasis of elements on the face of a wall including a change in setback, materials, roof pitch or height.

As-of-right zoning shall mean uses and development standards that are determined in advance and specifically authorized by the zoning regulations (e.g., a single-family zone would allow single-family housing as of right so long as site development standards are met). This type of zoning is in contrast to cumulative or "pyramidal" zoning.

Assisted living facility means any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one (1) or more personal services for a period exceeding twenty-four (24) hours to one (1) or more adults who are not relatives of the owner or administrator and is licensed under the provisions of F.S. Ch. 400, Pt. III.

Attic story shall mean any story situated wholly or partly in the roof, so designated, arranged or built as to be used for business, storage, or habitation.

Automatic (as applied to fire protection devices), shall mean a device or system providing an emergency function without the necessity for human intervention and activated as a result of a predetermined temperature rise, rate of rise of temperature, or combustion products, such as incorporated in an automatic sprinkler system, automatic fire door, automatic fire shutter or automatic fire vent.

Automobile parking structure shall mean a structure used for the parking or storage of automobiles.

Automobile rental lot shall mean a lot or parcel of land on which passenger automobiles for active rental purposes only are stored or parked.

Automobile repair shall mean a building, or portion thereof, other than a private garage, designed or used for equipping, servicing, repairing, painting, detailing, or storing of motor driven vehicles, lawn mowers, or motors of any type, but not including the storage of wrecked, junked, or inoperable vehicles or parts thereof.

Awning, canopy or marquee sign shall mean a projecting sign attached to or hung from a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line, or property line.

Background structure shall mean the parts of a sign, exclusive of the copy area, such as means, buttresses, poles, cables, and stringers, which support the sign face.

Balcony shall mean that portion of the seating space of an assembly room, the lowest part of which is raised four (4) feet or more above level of the main floor.

Banner sign shall mean a temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.

Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year, which, for purposes of application of this chapter, shall be determined from the FIRM or the best data available for "100-year flood levels" from federal, state or other authoritative sources where such levels have not been specifically designated on the FIRM.

Basement shall mean that portion of the building between floor and ceiling, which is partly below and partly above grade, as defined in this section, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling, provided, that the distance from grade to ceiling shall be at least four (4) feet, six (6) inches. (See definition for Story.)

Basic services shall mean services which include but are not limited to, providing a protective setting and self-care training.

Bed and breakfast establishment means an owner occupied building often of historical significance containing a number of lodging units intended primarily for rental to provide overnight accommodations with board. No personal care services shall be provided at this facility.

Beer shall mean any brewed beverage containing malt.

Berm shall mean an earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise or provide a buffer from adjoining uses.

Board of adjustment shall mean a board consisting of five (5) members appointed by the City of Leesburg and Lake County, Florida, as provided in Chapter 333 of the Florida Statutes.

Breezeway shall mean a structure for the principal purpose of connecting a main building or structure on a property with other buildings.

Buffer shall mean an area provided to reduce the conflict between two (2) different land uses. Buffers are intended to mitigate undesired views, noise and glare—Effectively providing greater privacy to neighboring land uses. Typical buffers consist of materials that serve this purpose and include, but are not limited to, plant materials, walls, fences and/or significant land area to separate the uses. See also "screen".

Buffer strip shall mean a portion of a lot or property used to visually separate one use from another through the use of vegetation, distance or other approved method.

Building shall mean any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for fifty (50) percent of its perimeter. The term building shall be construed as if followed by the words "or part thereof." For the purpose of this chapter each portion of a building separated from other portions by a fire wall shall be considered as a separate building. For the purpose of area and height limitations, this definition shall be applicable to sheds and open sheds. Shed shall mean any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for less than fifty (50) percent of its perimeter. Open shed shall mean any structure that has no enclosing walls.

Building face, front shall mean any building face, which can be touched by a line, drawn perpendicular to street (public or private).

Building face, public shall mean any building side which is visible from public or private right-of-ways and/or the faces that contain public entry.

Building mass shall mean the building's expanse or bulk and is typically used in reference to structures of considerable size.

Building and trades contractor shall mean one who agrees to furnish materials or perform services at a specified price for construction or renovation and has all required licensing by the State of Florida including, but not limited to, air conditioning and heating, aluminum, building construction, hauling, machine construction, roofing solar energy systems, utility system installation, plumbing, electrical, and wall-covering. Facilities for this service may consist of a building where offices are maintained and construction materials are stored.

Building face of wall shall mean all window and wall area of a building in one (1) plane or elevation.

Building frontage shall mean the horizontal length of a wall of a building where such wall faces a street. The measurement of such length is along a line parallel to the street. Where a building is arranged to include establishments with exterior public entrances but no wall space facing a street, the horizontal dimension of one (1) wall of each such establishment which faces a mall or other private way may be considered to be building frontage.

Building height shall mean the vertical distance from the mean grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height between eaves and ridge for gable, hip and gambrel roofs.

Building line shall mean a line, established by law, beyond which a building shall not extend, except as specifically provided by law.

Building sign shall mean a sign lettered to give the name of a building itself, as opposed to the name of occupants or services.

Building signage shall mean any sign attached to any part of a building, including but not limited to, awning, canopy, wall or projecting signage.

Building, existing shall mean any structure erected prior to the adoption of the ordinance from which this chapter was derived, or one for which a legal building permit has been issued.

Cabaret shall mean a nightclub, theater, or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual conduct or specified anatomical areas.

Cable communications system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include: a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; a facility that serves only subscribers in one (1) or more multiple-unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way; a facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or any facilities of any electric utility used solely for operating its electric utility systems.

Caliper shall mean the minimum truck diameter of a replacement tree as measured at a predetermined point measurement.

Canopy or marquee sign shall mean a projecting sign attached to or hung from a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line, or property line.

Cartway means that area of road surface from curb line to curb line or between the edges of the paved or hard surface of the roadway, which may include travel lanes, parking lanes, and deceleration or acceleration lanes.

CBD shall mean the Central Business District which is an area bounded on the north by Meadow Street, on the south by the right-of-way of the old Atlantic Coast Line Railway, on the east by Canal Street, and on the west by 9th Street and Orange Avenue. The CBD Core shall mean an area within the CBD bounded on northwest from Main Street east to Orange Avenue, north on Orange Avenue approximately one hundred twenty-five (125) feet, then east approximately one hundred twenty-five (125) feet to 7th Street, north approximately one hundred twenty-five (125) feet on 7th Street, then east approximately one hundred (100) feet to 6th Street, north on 6th Street to Meadow Street, east on Meadow Street to 4th Street, south on 4th Street to Market Street, east on Market Street to Palmetto Street, north on Palmetto Street to Cleveland Street, east on Cleveland to Elk Street, south on Elk Street approximately one hundred fifty (150) feet, then east approximately two hundred (200) feet to Canal Street, south on Canal Street to Magnolia Street, west on Magnolia Street to 9th Street, and north on 9th Street to Main Street.

Cellar shall mean that portion of a building, the ceiling of which is entirely below grade or less than four (4) feet six (6) inches above grade. (See definition for Story.)

Change of use means the replacement of or substitution for the existing or former use of a premises with a use of a different classification under the zoning code, building regulations, fire codes or this Code.

Changeable copy sign shall mean any poster board, bulletin board, neon sign, screen, surface or wall, with characters, letters, or illustrations affixed thereto or thereon, by any method or means whatsoever, that can be changed, re-arranged, or altered without changing the face of the poster board, bulletin board, neon sign, screen, surface, or wall.

Changing sign (manual) shall mean a portion of a sign with letters, characters, or graphics that are not permanently affixed to the structure, framing, or background allowing the letters, characters or graphics to be modified from time to time manually, such as a bulletin board.

Circus/carnival shall mean a temporary event offering mechanical rides or a live traveling show, and customarily offering other activities such as games of skill, food, beverages and novelty concessions.

City means the City of Leesburg in Lake County, Florida and all territory within its present and future boundaries and including any area over which the city exercises jurisdiction. The city commission is authority for the city.

City commission shall mean the city commission, as legally constituted, of the City of Leesburg, Florida.

Clearing shall mean the removal of any trees or vegetation from the land, but shall not include mowing of lawn and field grasses.

Clinic shall mean a building or portion of a building where patients are admitted and lodged for short duration periods while being examined and treated by a group of professionals licensed by the State of Florida to practice the healing arts.

Club shall mean a building or portion thereof or premises owned and operated by a person for social, educational, recreational or fraternal purposes, but not for profit or to render a service which is customarily carried on as a business.

Collector shall mean a route providing service which is relatively of moderate average traffic volume, moderately average trip length, and moderately average operating speed. These routes also collect and distribute traffic between local roads or arterial roads and serve as a linkage between land and access and mobility needs.

Combined commercial, office, or industrial center/complex shall mean a grouping of business and/or service uses on a single site with common parking.

Combustible material shall mean a material which cannot be classified as noncombustible in accordance with that definition.

Commercial recreation and entertainment facilities shall mean establishments which provide indoor or outdoor opportunities for casual entertainment by patrons of all ages, and may include, but not be limited to, amusement parks, bingo clubs, bowling alleys, firing ranges, golf driving ranges, go-kart tracks, miniature golf courses, skating rinks, teen clubs or non-alcoholic dance clubs, skateboard parks, and game rooms.

Common property line shall mean a line dividing one (1) lot from another when the lots are not of one (1) ownership.

Community residential home means a dwelling unit licensed under the provisions of F.S. Ch. 419, to serve clients of the department of children and family services, which provides a living environment for up to fourteen (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.

Conditional use shall mean a use which may be allowed within a zoning district subject to the provisions of this chapter and in accordance with the procedures as set forth in this chapter.

Condominium dwelling unit shall mean a single unit providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

Congregate care facility shall mean any building or buildings, section of a building, or distinct part of a building, residence, private home, boarding home, home for the aged, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding twenty-four (24) hours, housing, food service, and one (1) or more personal assistance services for four (4) or more adults, not related to the owner or administrator by blood or marriage, who require such services; or to provide limited nursing services or limited mental health services, when specifically licensed to do so pursuant to Section 400.407, Florida Statutes. A facility offering personal assistance services, limited nursing services, or limited mental health services for fewer than four (4) adults is within the meaning of this definition if it formally or informally advertised to or solicits the public to be an establishment which regularly provides such services.

Connection spacing means the distance between connections, measured from the closest edge of pavement of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way.

Consumer and household services and repair shall mean establishments engaged in the cleaning or repair of household appliances, furniture, and similar items, excluding repair of motor vehicles or motors of any type. Typical uses include, but are not limited to, appliance repair, bicycle repair, carpet cleaning, and furniture repair and re-upholstery.

Copy area shall mean the part of a sign, including trim, embellishments, and background, which contains the copy. The copy is computed by straight lines drawn closest to copy extremities encompassing individual letters or words.

Copy, permanent and temporary shall mean the wording and embellishments on a sign surface either in permanent or removable letter form.

Corner clearance means the distance from an intersection of a public or private street to the nearest access connection, measured from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection along the traveled way.

Corridor overlay zone means special requirements added onto existing land development requirements along designated portions of a public thoroughfare.

Coverage, lot or land shall mean any area which has been developed with structures or pavement or any other impervious surface.

Cross access means a service drive providing vehicular access between two (2) or more contiguous sites so the driver need not enter the public street system.

Curb level (referring to a building) shall mean the elevation at that point of the street grade that is opposite the center of the wall nearest to and facing the street line.

Day care center ornursery shall mean a building or portion thereof or premises designed for or occupied for the purposes of providing paid supervised care and/or education for six (6) or more children; however, no overnight sleeping facilities are to be included.

Deed means a legal document conveying ownership of real property.

Design standards shall mean statements and graphics intended to direct the planning and development of the built environment in a particular manner or style so that the end result contributes positively to the overall development and complies with city requirements.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or permanent storage of materials.

Development order or permit means any order granting, denying, or granting with conditions an application for a development approval including the following:

(1)

Site plan approval;

(2)

Conditional use approval;

(3)

Land subdivision approval;

(4)

Variance;

(5)

Land use amendments;

(6)

Rezoning;

(7)

Developments of regional impact;

(8)

Commercial dock; or

(9)

Any other official action of the city having the effect of permitting the development of land.

Diameter at breast height (DBH) shall mean the trunk diameter of a tree measured four and one-half (4.5) feet above the average ground level at the base of the tree. Provided, however, if the tree forks four and one-half (4.5) feet above ground level, it is measured below the swell resulting from the double stem.

Directional median opening means an opening in a restrictive median that provides for specific movements and physically restricts other movements. Directional median openings for two (2) opposing left or "U-turn" movements along a road segment are considered one (1) directional median opening.

Directional sign shall mean any sign used to indicate the direction to entrances, exits, parking area, restrooms, drive-through facilities, or other nonbusiness related facilities on the site.

Discontinued signs shall mean a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity and/or for which no legal owner can be found within a specified period of time.

District shall mean a section or sections of the city for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.

Dock shall mean a structure over water which is designed or used to provide anchorage for and access to one (1) or more boats at anchorage.

Dominant wetland vegetation shall be determined as provided in Rule 17-3.022, Florida Administrative Code. In circumstances where the natural boundary of wetland vegetation is unclear, the line of demarcation may be approximated at a surveyed elevation measured at a location in the same wetland where the natural line is clear. In the event an undeveloped area has been recently cleared of all vegetation, the wetland boundary may be determined by a study of the soils, aerial mapping, photography, hydrology, and other historical information as appropriate.

Dormer shall mean a window set vertically in a gable projecting from a sloping roof.

Dormitory shall mean a building comprised of multiple living quarters, without private kitchen facilities and most without private bath facilities, and where common cooking and dining facilities may be furnished, for a student body or religious order as an accessory use to a university, college, boarding school, convent, monastery, or similar institution.

Double-faced signs shall mean a sign constructed to display its message on the outer surfaces of two (2) identical and opposite parallel planes.

Double frontage lot means a lot that fronts upon two (2) parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot.

Dripline shall mean the ground area surrounding the trunk of a tree that is described by the vertical plane enclosing the outermost branches of the tree. For asymmetrical specimens, or those with unusually small crown spear, the dripline area shall in no case be less than that area described by a radial dimension of one (1) foot for each one (1) inch of trunk radius.

Dwelling unit shall mean a single unit providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwelling, mobile home park or subdivision shall mean a vehicle or movable dwelling structure which is designed to be used as a dwelling unit for one (1) family and which stands on wheels, or rigid supports, or on a foundation, but excluding pre-fabricated homes or sections thereof and travel trailers as defined in this section.

Dwelling, multiple or multi-family shall mean a structure or group of structures on a parcel or building lot designed for occupancy by four (4) more families living independently of each other and which individually or collectively comprise four (4) or more apartments.

Dwelling, single-family shall mean a detached building designed for or occupied exclusively by one (1) family.

Dwelling, townhouse shall mean a building designed for or occupied exclusively by one (1) family and attached to two (2) or more other buildings of similar design and separated by one (1) or more party walls. Attached townhouses, as defined, constitute a building group. (See definition for Townhouse.)

Dwelling, triplex shall mean a building designed for and to be occupied by three (3) families living independently of each other, in which the living area for each family is attached to those of the other two (2) families, separated by a party wall or party walls, with no interior access from the living unit of any one (1) family to the living unit of either of the other two (2) families.

Dwelling, two-family shall mean a detached building designed for or occupied exclusively by two (2) families living independently of each other.

Dwelling, without other qualifications shall mean a structure occupied exclusively for residential purposes by not more than two (2) families.

Easel sign shall mean a sign that is temporary and easily moved, and is supported by three (3) or four (4) legs which rests on a hard or ground surface. The sign includes a copy area on one (1) or two (2) sides.

Easements means any strip of land for public or private utilities, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right-of-way use designated in the reservation of the servitude. No private communications system may be constructed within the easement without written permit from the city.

Eating and drinking establishment means a business that is licensed to prepare and/or serves food or beverages for consumption by the public. Such uses are regulated by type as follows:

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

Beach bar means any building, structure or facility whether temporary or permanent, which is built, erected or provided as a location for the purpose of making retail sales of alcoholic or intoxicating beverages, or malt or vinous beverages, as an accessory use to a hotel or motel.

Fast food restaurant means a retail food service establishment without table service (order placement and delivery) provided to patrons; walk-up counter and carryout trade is a primary portion of the facility; includes fast food, drive-through service, food delivery, carryout, public snack bar/automats, and delicatessens.

Nightclub means any restaurant, dining room, bar or similar establishment providing food or refreshments, which holds a 4-COP liquor license from the State of Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco. Provided, however, any restaurant, dining room or similar establishment which holds a 4-COP liquor license with the "S," "SR" or "SRX" designation, shall be deemed an accessory use to the principal use and not a nightclub.

Outdoor restaurant means a portion of a restaurant, of any type, located outside which functions as an extension of the principal use of the private property of the restaurant. An outdoor restaurant is not located in a completely enclosed building and is open to the sky except that it may have awnings, umbrellas, or building overhang and shall be used exclusively for dining, drinking and circulation therein. An outdoor restaurant may provide either wait staff service or self-service. (See also Sidewalk café.)

Sidewalk café means a street level portion of a restaurant, of any type, located within the sidewalk area of the public right-of-way, which is normally adjacent to a street, which functions as an extension of the principal use of the private property of the restaurant. A sidewalk café is open to the sky except that it may have awnings or umbrellas, and shall be used for dining, drinking and circulation therein pursuant to the approved conditional use permit. A sidewalk café may provide either wait staff service or self-service. (See also Outdoor restaurant.)

Sit-down restaurant means a retail food service establishment with indoor seating only in which the principal use is the preparation, cooking, consumption, and sale of food and beverages.

Educational institution shall mean a place for systematic instruction with a curriculum the same as customarily provided in a public school or college. These activities include nursery school and kindergarten facilities designed to provide a systematic program to meet an organized training requirement.

Electrical sign shall mean any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source.

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

Elevated sign shall mean a sign which is supported by one (1) or two (2) poles of no greater than eight (8) inches in diameter or as designed by an engineer and otherwise elevated from the ground to the bottom edge of the sign by a minimum of eight (8) feet. Each such elevated sign(s) may be required to be designed by an engineer holding a current registration in the State of Florida and submitted with sealed plans at time of permitting, if required by the building official.

Emergency vehicle means any marked or unmarked police cars or vans, fire trucks, fire rescue vehicle, emergency rescue vehicles, fire staff vehicles, ambulances and ambulance staff vehicles, city regional utility vehicles.

Engineer shall be deemed to be a duly registered and licensed engineer in the State of Florida.

Engineer, city means the designated engineer of the City of Leesburg.

Erected shall mean attached, altered, built, constructed, reconstructed, enlarged or moved, and shall include the painting of wall signs, but does not include copy changes on any sign.

Essential services shall mean public utility facilities either underground or overhead and related to the transmission or distribution system of water, sanitary or storm sewerage, telephone, gas, electricity, solid waste disposal, cable or community television and public safety including poles, wires, mains, hydrants, drains, pipes, conduit, police or fire call boxes, traffic signals and other similar equipment necessary for the furnishing of adequate services but not including buildings.

Exempt signs shall mean signs exempted from regulations under this code.

Façade shall mean the portion of any exterior elevation on the building extending from grade to the top of the parapet, wall or eaves and extending the entire length of the building.

Family shall mean one (1) or more persons living together, whether related to each other by birth or not, and having common housekeeping facilities.

FCC means the Federal Communications Commission or its legally appointed successor.

Feather flag (also known as a banner flag or swooper flag) shall mean a vertically oriented banner attached to a single pole allowing the fabric to hang loose at one (1), two (2), or three (3) of the four (4) corners.

Fire wall shall mean a fire-resistive wall, having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof.

Flag shall mean any fabric, banner, or bunting which may contain distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

Flag lot means a parcel of land that is accessible only by a very long narrow strip leading from a main road.

Flashing sign shall mean any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light or an externally mounted intermittent light source.

Flood hazard boundary map (FHBM) means an official map of this community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

Flood insurance rate map (FIRM) means an official map of this community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to this community.

Flood insurance study is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary-floodway map and the water surface elevations of the base flood prone areas.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the: Overflow of inland or tidal waters; and/or unusual and rapid accumulation of runoff of surface waters from any source.

Floodway means the channel of a river, stream or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Floor area or space shall mean the sum of the gross horizontal area of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of the walls separating two (2) buildings.

Floor area ratio (FAR) means the total amount of gross floor area of all buildings on a zoning lot in relation to the total square footage of zoning lot area, expressed as a ratio. The calculation of the floor area ratio excludes land devoted to public rights-of-way and submerged lands.

Floor or lowest floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concreted slab construction or top of wood flooring in wood frame construction. An unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or storage, in an area other than a basement area, is not considered a building's "lowest floor" provided that such enclosure is not built so as to render the structure in violation of applicable minimum elevation requirements of chapter 10.5, section 10.5-7(b) of this chapter.

Florida Intrastate Highway System means the specially designated statewide system of limited access and controlled access facilities, as designated by FDOT and adopted by the legislature, which allows for high speed and high volume traffic movement within the state. Florida's Turnpike is a portion of the Florida Intrastate Highway System.

Franchise means an initial authorization or renewal thereof issued by the city commission, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable communications system or telephone system.

Free-standing signs shall mean a sign which is supported by one (1) or more columns, uprights, or braces anchored into the ground independent of support from any building, including ground signs and elevated signs.

Front of lot (frontage street) shall mean the front boundary line of a lot bordering on the street, and in the case of a corner lot, may be either frontage.

Front yard shall mean the portion of the front yard extending the full width of the lot and measured between the front lot line and a parallel line across the front of the building. Corner and double lots shall adhere to the front yard setback(s) for each frontage.

Frontage shall mean the length of the property line of any one (1) premises parallel to and along each public right-of-way it borders.

Frontage road means a public or private drive which generally parallels a public street between the right-of-way and the front building setback line. The frontage road provides access to private properties while separating them from the arterial street. (See also Service roads)

Full median opening means an opening in a restrictive median that allows all turning movements from the roadway and the intersecting road or access connection.

Functional area (intersection) means that area beyond the physical intersection of two (2) controlled access facilities that comprises decision and maneuver distance, plus any required vehicle storage length, and is protected through corner clearance standards and driveway connection spacing standards.

Functional classification means a system used to group public roadways into classes according to their purpose in moving vehicles and providing access.

Funeral homes shall mean undertaking and funeral services involving the care and preparation of deceased humans.

Gallery shall mean that portion of the seating space of an assembly room having a seating capacity of more than ten (10) located above a balcony.

Gable shall mean a triangular wall section at the end of a pitched roof, bounded by the two (2) roof slopes.

Game room shall mean an establishment for the playing of billiards/pool, video games, pinball, ping-pong, or other similar table or board games. This use shall be considered commercial recreation and shall be allowed in any zoning district which allows commercial recreational uses as a principal use or as a conditional use.

Garage, private shall mean an accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is an accessory.

Garage, public shall mean a building, or portion thereof, other than a private garage designed or used for equipping, servicing, repairing, hiring, selling or storing of motor driven vehicles, but not including the storage of wrecked or junked vehicles.

Gasoline station signs shall mean signs for buildings and premises in which a primary source of revenue is the retail dispensing of motor fuels and shall include convenience stores, etc. where fuel is dispensed.

Gated development means any residential development that may be fenced and has a secured gate at the roadway entrance to the facility preventing free access by the public.

Grade shall mean a reference plane representing the average of finished ground level adjoining the building at all exterior walls.

Green Book, The Florida (Manual of Uniform Minimum Standard for Design, Construction, and Maintenance) means a manual produced by the Florida Department of Transportation which provides for uniform standards and criteria for transportation facilities for both state and local roads.

Gross floor area shall mean the sum of the fully enclosed covered floor area and the unenclosed covered floor area of a building at all floor levels.

Ground sign shall mean a sign which is in contact with or the bottom edge of which is within seven (7) feet, eleven (11) inches of the ground and is supported by uprights or braces which is placed on, near or at ground level, and which is not attached to any building. The definitions of ground sign and pole sign are mutually exclusive.

Group home shall mean any building or buildings, section or distinct part of a building, residence, private home, boarding home, or other place, whether operated for profit or not, which functions as a single housekeeping unit and which undertakes through its ownership or management to provide either overnight lodging, or food service, or both, and one (1) or more personal assistance or basic services for four (4) or more adults, or two (2) or more families, not related to the owner or administrator by blood or marriage, who require such services. This category includes residential facilities for alcohol and drug rehabilitation, for indigent transients, for developmentally disabled persons, for persons with mental health problems not requiring hospitalization, for abused spouses with or without dependent children, for dependent children, and for juvenile and adult residential correctional facilities, including halfway houses. "Group home" shall not be construed to mean a state licensed (1) home for the aged, (2) adult congregate living facility, (3) foster care facility, or (4) day care center for either adults or children.

Group ownership (condominium) shall mean any type of property ownership where common land is held by some other person, other than the dwelling unit owner.

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

Height of sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

Height. As applied to a building, means the vertical distance from grade to the highest finished roof surface in the case of flat roofs or to a point at the average height of roofs having a pitch of more than one (1) foot in four and one-half (4.5) feet. Height of a building in stories does not include basements and cellars, except as specifically provided otherwise. As applied to a story, means the vertical distance from top to top of two (2) successive finished floor surfaces. As applied to a wall, means the vertical distance to the top measured from the foundation wall, or from a girder or other intermediate support of such wall.

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

Hip roof shall mean roof without gables.

Historic building or site means a property, site, zoning lot, building, or structure that has been designated as "historic" by the city commission through a approved survey or district or that is listed on the National Register of Historic Places as being worthy of protection, enhancement and perpetuation because of its cultural, historic, architectural, or archaeological significance and integrity.

Home occupation shall mean an occupation, profession, activity, or use that is carried on for gainful employment within a residential dwelling unit, which: (a) Is clearly incidental and subordinate to the use of the dwelling unit as a residence; (b) Is conducted only by members of the family residing in the dwelling unit and entirely within the principal structure; (c) Does not offer products for sale from the premises; (d) Does not alter or change the residential character or exterior appearance of the dwelling unit and no evidence of the use is visible or audible from the exterior of the residential property; (e) Does not generate traffic in excess of that customary at residences and where no commercial vehicles are kept on the premises or parked overnight on the premises unless otherwise permitted by these regulations.

Hotel shall mean any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.

Identification sign shall mean a sign which is limited to the address and number of a building and/or the name of an institution or person.

Illuminated sign shall mean a sign that uses artificial light, either internal or external to the sign faces, to draw attention to the sign or otherwise increase its visibility.

Impervious surface shall mean a surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

Impervious surface ratio (ISR) means a measurement of the intensity of hard-surfaced development on a site. An impervious surface ratio is the relationship between the total area covered by impervious surfaces on a site and the gross land area of the zoning lot. The impervious surface ratio is calculated by dividing the square footage of the area of all impervious surfaces on the site by the square footage of the gross land area.

Inner court shall mean an open unoccupied space bounded by the walls of the building, but located within the exterior walls of the building.

Instrument runway shall mean a runway equipped or to be equipped with electronic or visual air navigation aids adequate to permit the landing of aircraft under restricted visibility conditions.

Interior lot line shall be synonymous with "common property line".

Internet/sweep-stakes redemption cafés means any business enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including, but not limited to, computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This term includes, but is not limited to internet sweepstakes, video sweepstakes, electronic gaming operations or cybercafés, who have a finite pool of winners. Internet cafés without sweepstakes redemptions, video arcades, wifi cafés etc. shall not be considered internet/sweepstakes redemption café uses. This does not include any lottery approved by the State of Florida.

Industrial—Heavy means an industrial use that has significant potential impacts on the environment or adjacent uses including, but not limited to noise, vibrations, emissions, hazards and odors, where more than twenty (20) percent of the use takes place outside of an enclosed building or where exterior storage equals or exceeds building floor area.

Industrial—Light means an industrial use engaged in the processing, manufacturing, compounding, assembly, packaging, treatment, or fabrication of materials and products, from processed or previously manufactured materials, includes assembly, repair, warehousing, distribution or servicing of industrial, generally within an enclosed building.

Intrastate Highway System (see Florida Intrastate Highway System).

Intoxicating beverages means all liquors, wines and beers containing more than three and two-tenths (3.2) percent of alcohol by weight.

Joint use driveway (or shared access) means a driveway connecting two (2) or more contiguous sites to the public street system.

Junk yard shall mean the use of more than two hundred (200) square feet of the area of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

Landing area shall mean the area of the airport used for the landing, take-off or taxing of aircraft.

Levee or levee system means a flood protection system which consists of one (1) or more manmade structures, usually earthen embankments, which contain, control or divert the flow of water so as to provide protection from temporary flooding, and associated components, such as closure and drainage devices, which system is designed, constructed and operated in accordance with sound engineering practice.

Liquor shall mean all spirituous beverages created by distillation and by mixture of distilled beverages by the process commonly called blending.

Local shall mean a route providing service which is relatively of low average traffic volume, of short average trip length or minimal through-traffic movements, and of high land access for abutting property.

Local access transport area (LATA) means that geographic area and communications system in which the City of Leesburg is located and in which United Telephone of Florida or any subsequent telephone company is authorized by the Florida Public Service Commission to provide local exchange access telecommunications services.

Local telephone service shall mean the access to a local telephone system, and the privilege of telephonic quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system; or any facility or service provided in connection with a service described in chapter 25, section 25-782. The term "local telephone service" does not include any service which is a toll telephone service; private communication service; cellular mobile telephone or telecommunication service; specialized mobile radio, or pagers and paging service, including, but not limited to, "beepers" and any other form of mobile and portable one-way or two-way communication; or telephone typewriter or computer exchange service.

Lot shall mean a parcel of land which meets any of the following requirements: A parcel of land that lies within a subdivision recorded with the assessment department or land registry office; a parcel of land which meets all requirements for a legal lot under the current zoning code; or a legal lot of record as defined by the current zoning code.

Lot, corner Any lot having at least two (2) contiguous sides abutting upon one (1) or more streets, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty-five (135) degrees.

Lot depth shall mean the depth of a lot is the distance measured in the mean direction of the side lines of the lot from the midpoint of the front lot line to the midpoint of the opposite mean rear line of the lot.

Lot frontage means that portion of a lot extending along a street right-of-way line.

Lot lines shall mean the lines abounding a lot as established by ownership.

Lot of record shall mean a lot which is part of a subdivision, or a parcel of land described by metes and bounds, the plat or description of which has been recorded in the office of the Lake County Clerk of the Circuit Court. If a portion of a lot or parcel has been conveyed at the time of the adoption of this article, the remaining portion of said lot or parcel shall be considered a lot of record.

Lot, interior shall mean a lot other than a corner lot having frontage on one (1) street.

Lot, nonconforming means a lot that does not meet the dimensional requirements of the district in which it is located and that existed before these requirements became effective.

Lot, through shall mean an interior lot having frontage on two (2) streets, other than a corner lot.

Lot width means the horizontal distance between side lot lines measured parallel to the front lot line at the minimum required front setback line.

Maintain shall mean to permit a sign, structure or any part of each to continue or to repair or refurbish a sign, structure or any part of either.

Maintenance means the act of preventing deterioration of a building or structure, or decay of or damage to a building or structure or any part thereof, by restoring the building or structure as nearly as practicable to its condition prior to such deterioration, decay or damage.

Manual of Uniform Traffic Control Devices (MUTCD) means a federal document adopted by the Florida Department of Transportation that provides standards for traffic control devices. Florida Administrative Rule 14-110 establishes the MUTCD to be Florida's standard for traffic control devices.

Manufactured home (formerly mobile home) means a structure, transportable in one (1) or more sections, which may be built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. For floodplain management or flood insurance purposes the term "manufactured home" (or manufactured housing) does not include recreational vehicles, park trailer, travel trailers, or similar vehicles, inasmuch as permanent placement of these vehicles on a site or their use as a place of residence within the city limits is specifically prohibited by the City of Leesburg Zoning Ordinance.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale, for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads or foundations, and the construction of streets and storm drainage facilities, are required to be completed before such manufactured homes may be occupied.

Massage parlor shall mean any place where for any form of consideration or gratuity, massage, alcohol rub, the administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual conduct or for any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

Master development plan shall mean a map or plan of proposal development activities approved as a result of the zoning process or other zoning procedures specified in this land development code or similar provisions in previous zoning regulations.

Mean sea level means the average height of a sea for all stages of the tide for the coastal areas nearest the community. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter the term is synonymous with National Geodetic Vertical Datum (NGVD) or, formerly, the United States Coast and Geodetic Survey Datum (USC & GSD), as corrected in 1929, which is the vertical control upon which are based the flood elevations shown on the community's flood insurance rate map (FIRM).

Menu board shall mean a sign, associated with restaurants with drive-through windows, which gives detailed lists of foods served that are available at the restaurant.

Mezzanine shall mean an intermediate level between the floor and ceiling of any story, and covering less than thirty-three and one-third (33⅓) percent of the floor area immediately beneath.

Minor subdivision means a subdivision of land into not more than twelve (12) lots where there are no roadways, drainage, or other required improvements.

Mobile home shall mean a structure transportable in one (1) or more sections, which structure is eight (8) body feet (2.4 meters) or more in width and over thirty-five (35) feet in length, and which structure is built on an integral chassis and designed to be used as a permanent dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Recreational vehicles shall not be considered mobile homes.

Mobile home park shall mean any parcel of land which is planned for or contains two (2) or more mobile homes where the land is in single ownership.

Mobile home subdivision shall mean any parcel of land which is planned for or contains two (2) or more mobile homes where the land is planned for or in multiple ownership.

Model studio shall mean any place where, for any form of consideration or gratuity, figure models who display specified anatomical area are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.

Morgue shall mean a building or portion of a building licensed by the state in which the bodies of unidentified dead persons, especially the victims of violence or accidents, are kept pending identification or burial.

Multi-prism indexing signs shall mean a sign containing separate prisms on a single face which rotate periodically to allow for changing copy.

Multi-tenant parcel shall mean a parcel of property, or parcels of contiguous property, existing as a unified or coordinated project, with a multi-tenant structure.

Multi-tenant structure shall mean a building used, designed or constructed for occupation by more than one (1) tenant.

Multi-tenant sign shall mean a sign, which pertains to the uses of a parcel of property, or parcels of contiguous property, where two (2) or more separate establishments exist on the parcel of property.

Mural means a design or representation painted or drawn on a wall which does not advertise an establishment, product, service, or activity and which has been approved by the city commission representing a general public interest.

Nameplate shall mean a non-electric sign identifying only the name of the occupant of premises on which the sign is located. If any premises included more than one (1) occupant, nameplate refers to all names and occupants.

New construction means structures for which the "start of construction" commenced on or after the effective date of this chapter [Ordinance Number 87-14, effective March 31, 1987].

Nonconforming access features means features of the access system of a property that existed prior to the date of code adoption and do not conform with the requirements of this Code or requirements of the Administrative Rule 14-97 of the Florida Department of Transportation.

Nonconforming sign shall mean any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this Code and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this Code.

Nonconforming use shall mean any structure, tree, or use of land which is lawfully in existence at the time the regulation is prescribed in this chapter or an amendment thereto becomes effective and does not then meet the requirements of said regulation.

Non-electrical sign shall mean any sign that does not contain electrical wiring or is not attached or intended to be attached to any electrical energy source.

Non-instrument runway shall mean a runway other than an instrument runway.

Nonrestrictive median means a median or painted centerline that does not provide a physical barrier between traffic traveling in opposite directions or turning left, including continuous center turn lanes and undivided roads.

Normal grade shall mean the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

Nursing homes (rest home or convalescent home) shall mean activities customarily performed by a home for the elderly or infirmed in which three (3) or more persons not of the immediate family are received, kept, or provided with food, shelter and care for compensation. This activity shall not include duly state licensed volunteer adult foster care homes in which three (3) or less foster adults are placed. Neither does the principal activity include hospitals, clinics or similar institutions devoted to the diagnosis and treatment of the sick or injured.

Occupancy shall mean the purpose for which a building, or part thereof, is used or intended to be used.

Office shall mean an establishment where services are performed involving predominantly administrative or clerical operations for a business, industry, or service.

Off-site sign shall mean any sign which directs attention to a business, commodity, service, product, or activity not conducted, sold, offered, or available on the premises which such sign is located or to which it is affixed.

On-site sign shall mean a sign that identifies or advertises only goods, services, facilities, events, or attractions available on the premises where the sign is located.

On-structure sign shall mean any sign affixed to and supported solely by any building wall or structure.

Open air vendor shall refer to an operation which is temporary in nature, for the sale of food, merchandise, or amusements from a stall, structure, shed, tent, or other temporary edifice located out of doors. This shall include, but shall not be limited to food vendors, and fruit or vegetable stands or vendors, but shall not include any circus or carnival.

Outdoor storage means the use of a lot or parcel of land where raw materials, finished goods, vehicles or watercraft, other than those kept in a junkyard, are stored. This definition includes self-service storage facilities which also provide outside storage limited to boats, trailers or other vehicles.

Outparcel means a parcel of land abutting and external to the larger, main parcel, which is under separate ownership and has roadway frontage.

Owner shall mean a person recorded as such on official records and including duly authorized agent or judiciary; any person having a vested or contingent interest in the property in question.

Parapet shall mean the extension of a false front or wall above a roof line.

Parcel means a division of land comprised of one (1) or more lots in contiguous ownership.

Parking lot shall mean an open area or plot of land used exclusively for the storage or parking of motor vehicles, but no vehicles are equipped, repaired, rented or sold.

Parks and recreation uses shall mean those uses which shall include play areas and facilities for activities such as picnicking, jogging, bicycling, arboretums, hiking, golf driving ranges operated in conjunction with a golf course, golf courses, archery ranges, playgrounds, ball courts or fields, stables, swimming pools, and water-related or water-dependent uses such as boat ramps, fishing docks and piers, and all similar uses, whether public or private. Specifically excluded from this group of uses are firing ranges, golf driving ranges not operated in conjunction with a golf course, miniature golf courses, race tracks, and similar activities inconsistent with the allowable uses described.

Pedestrian oriented development shall mean development designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and buildings/structures rather than on auto access. The buildings/structures are generally located close to the public or private right-of-way and the main entrance(s) is oriented to the street sidewalk. There are generally windows or display cases along building façades. Although parking is provided, it is generally limited in size and location.

Pedestrian walkway shall mean a surfaced walkway, separate from the traveled portion of a public or private right-of-way or parking lot/driving aisle.

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

Penthouse shall mean an enclosed structure above the roof of a building, other than a roof structure or bulkhead, occupying not more than one-third (⅓) of the roof area.

Permanently attached window sign shall mean a window sign that is displayed longer than thirty (30) days.

Permit shall mean an official document or certificate issued by the authority having jurisdiction authorizing performance of a specified activity.

Permittee means the person, organization, firm, nonprofit, not for profit, corporation or its legal successor in interest who is issued a telecommunication permit or permits in accordance with the provisions of this chapter for the erection, construction, reconstruction, operation, dismantling, testing, use, maintenance, repairing, rebuilding or replacing of a private communications system in the city.

Person shall mean a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

Personal assistance services shall mean services which include, but are not limited to individual assistance with or supervision of essential activities of daily living, such as eating, bathing, grooming, dressing and ambulating; supervision of self-administered medication; and other similar services. Personal assistance services shall not be construed to mean the provision of medical, nursing, dental, or mental health services within the facility.

Personal service shall mean an establishment which provides for the care of a person or a person's apparel, and may include, but not be limited to, beauty-barber shop, nail salon, tanning salon, laundry and dry cleaning retail service, tailor shop, and shoe repair.

Planned unit development shall mean a project comprising two (2) or more buildings designed to be maintained and operated as a single unit which has certain facilities in common, such as yards and open spaces, recreation areas, garage and parking areas.

Planning and zoning official shall mean the officer or other designated authority charged with the administration and enforcement of this chapter, or his duly authorized representative.

Planning commission shall mean the Leesburg Planning Commission, the legally constituted membership of the Planning and Zoning Commission of Leesburg, Florida, as set forth in these regulations.

Plat when used as a noun, shall mean a map depicting the division or subdivision of lands into lots, blocks, parcels, tracts or other portions thereof, however designated.

Pole sign or pylon sign shall mean a sign supported by at least one (1) upright pole, pylon, or post which is secured to the ground and the bottom of the sign-face of which exceeds two (2) feet above the finished grade level. The definitions of pole sign and ground sign are mutually exclusive.

Portico shall mean a porch or walkway with a roof supported by columns, often leading to the entrance to a building.

Portable changeable copy sign shall mean any poster board, bulletin board, screen, surface or wall, with characters, letters, or illustrations affixed thereto or thereon, by any method or mean whatsoever, that can be changed, re-arranged, or altered without changing the face of the poster board, bulletin board, screen, surface, or wall that is not permanently attached to the ground or a building.

Premises shall mean an area of land with its appurtenances and building which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

Primary frontage shall mean any road frontage on which an address for the structure has been issued for purposes of mail delivery and emergency services.

Private communications system means any system of communications lines, cables, equipment or facilities, which are used to provide a telephone, video, data, telemetry, intercom or telecommunications service, that in any manner occupies easements, streets, public ways or public places within the city. Private communications system does not include any part of a state or municipally franchised local exchange telephone company or part of a cable communications system or telephone system franchised by the city or any part of a federal, state, county or local government owned communications system, or any part thereof.

Private street means any street or thoroughfare for vehicular travel which is privately owned and maintained and which provides the principal means of access to abutting properties.

Professional office shall mean an establishment where services are performed for a professional registered in the State of Florida, or any individual who customarily provides services on a consulting, rather than a retail basis. This group of uses includes, but is not limited to: Doctors, dentists, lawyers, accountants, architects, engineers, land surveyors, veterinarians (excluding outdoor kennels), planners, draftsmen, insurance/real estate agents, property appraisers, financial investors/consultants, travel/advertising agencies, escrow or abstract offices, or other professional offices not listed, but of a similar nature, as interpreted by the city manager or his designated representative.

Projection sign shall mean an outdoor advertising display sign affixed to any building wall or structure and extending beyond the building wall, structure, building line, or property line more than twelve (12) inches with one (1) or more copy areas are not parallel to the building wall.

Public/private right-of-way shall mean any public or private road, access easement intended to provide public access to any lot/development, but excluding any service road or internal driving aisles (i.e., within parking lots).

Public service information sign shall mean any sign intended primarily to promote items of general interest to the community such as time, temperature and date, atmospheric conditions, news or traffic control, etc.

Public space shall mean a legal open space on the premises, accessible to a public way or street, such as yards, courts or open spaces permanently devoted to public use which abuts the premises.

Real estate sign shall mean a sign erected by the owner, or his agent, advertising the real property where the sign is located for sale, lease, or rent.

Reasonable access means the minimum number of access connections, direct or indirect, necessary to provide safe access to and from the thoroughfare, as consistent with the purpose and intent of this Code and any applicable plans and policies of the City of Leesburg.

Recreation service means a facility providing recreational activities to members or the general public. Recreation service shall be defined as one (1) of the following:

Indoor recreation: Arcades, discotheques, bowling alleys, billiards or pool halls, skating rinks, indoor theaters.

Outdoor recreation: Baseball hitting cages, miniature golf, golf driving ranges, nonmotorized bicycle tracks, mini-car racetracks (where the patron pays to drive cars owned by the establishment).

Recreational vehicle means a vehicular type portable structure which can be towed, hauled or driven and is primarily designed as temporary recreational, camping and travel use which either has its own motor power or is mounted on or drawn by another vehicle and includes but is not limited to travel trailers, motor homes, camping trailers, campers, auto truck, boats and recreational vans.

Recycling center means a facility which is provided to the public for the collection of recyclable materials, but does not perform any processing of such materials to render them reusable.

Repair shall mean the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

Residential development does not include individual homes or one- and two-family occupancies with individual gates.

Restaurant shall refer to any building, vehicle, place, or structure, or any portion thereof, which is maintained and operated as a place where food is regularly prepared, served or sold for immediate consumption on or in the immediate vicinity of the premises, or to be called for or taken out by customers, except for the following uses: Any such establishment maintained or operated by a public or private school, or a church or religious, fraternal, or non-profit civic organization, either for the primary use of its students or members or associates, or on a temporary basis to serve such events as fairs, carnivals or athletic contests. Any such establishment maintained or operated by a hospital, nursing home, adult congregate living facility, adult day care center, or similar place. Any theater, if the primary use is as a theater and if service is limited to food items customarily served to the admittees of theaters. Any retail grocery store in which food is prepared for consumption off the premises, and sold as part of a retail grocery operation.

Restricted access occupancy means any multiple residential occupancy with interior corridors for access to the individual residential units and restricted access which prevent the general public from accessing the interior corridors.

Restrictive median means a physical barrier in the roadway that separates traffic traveling in opposite directions, such as a concrete barrier or landscaped island.

Roof sign shall mean a sign erected, constructed, or maintained above the roof of any building.

Right-of-way means land reserved, used, or to be used for a highway, street, alley, walkway, drainage facility, or other public purpose.

Rooming house shall mean a residential structure, or portion thereof, where permanent lodging or occupancy is provided, for compensation, for three (3) or more persons not related by blood, marriage, or adoption to the owner. There is no provision for cooking in any of the individual rooms occupied by paying guests. The owner or manager of the rooming house shall live in the principal structure or in an adjacent structure on the same lot.

Rotating sign shall mean any sign or portion of a sign which moves in revolving or similar manner, but not including multi-prism indexing signs.

Runway shall mean the paved surface of an airport landing strip.

Screen shall have as its sole purpose the blocking of a view. A screen should be constructed of opaque materials and whose height will be effective in obstructing unwanted views. See also "buffer".

Secondary frontage shall mean any road frontage on which no address for the structure has been issued.

Service road means a public or private street, auxiliary to and normally located parallel to a controlled access facility, that maintains local road continuity and provides access to parcels adjacent to the controlled access facility.

Service station, without repair shall mean a building or lot where gasoline, oil and greases are supplied and dispensed to the motor vehicle trade; however, no repair services of any kind whatsoever shall be rendered. With repair shall mean a building or lot where gasoline, oil and greases are supplied and dispensed to the motor vehicle trade, or where battery, tire and other repair services, except body work or painting, are rendered.

Setback shall mean a prescribed distance or an area between one (1) element and another (i.e., a building and the road right-of-way). Within these guidelines, the term also refers to—A prescribed distance or an area between one (1) element and another (i.e., a building and the road right-of-way). Within these guidelines, the term also refers to:

(1)

The minimum distance and the area measured from the property line to the interior of a parcel where buildings may be constructed.

(2)

The required distance and the area between the edge of the parking lot pavement/curb and the property line or buildings/structures.

(3)

Placing a building face on a line to the rear of another building line.

Sexual encounter center shall mean any business, agency, or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual conduct or exposing specified anatomical areas.

Shaft shall mean a vertical opening extending through one (1) or more stories of a building, for elevators, dumbwaiter, light, ventilation or similar purposes.

Sidewalk shall mean that paved portion of the street between the curb line or the lateral lines of a roadway and the adjacent property lines intended for use by pedestrians.

Sidewalk café shall mean the placing, locating, or permitting of the placing or locating of chairs, benches, and/or tables within the public property adjacent to a business licensed to operate as a restaurant or eating establishment. The sidewalk café use shall be accessory only to a principle use of a restaurant or eating establishment.

Sign shall mean any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter, or illuminated service which shall be as constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, form, corporation, public performance, article, machine, or merchandise, whatsoever, which is displayed in any manner whatsoever outdoors. Sign area shall not include the frame.

Corporate color stripes shall count as part of the signage allowed on a building but not counted in the calculation of the maximum allowable wall signage. However, stripes would not be allowed to be replaced with actual wall signage. Corporate logo/signage on gas isle canopies shall be allowed a maximum of two (2) per canopy not to exceed six (6) square feet per logo or twelve (12) square feet for signage and shall not be counted as part of the allowed building signage.

Sign face shall mean any plane, surface, curve, or other area containing a sign. The total surface of the sign including the background and frame but not structural supporting elements outside the frame.

Sign structure shall mean any structure which supports, has supported, or is capable of supporting a sign including decorative cover.

Significant change in trip generation means a change in the use of the property, including land, structures or facilities, or an expansion of the size of the structures or facilities causing an increase in the trip generation of the property exceeding ten (10) percent more trip generation (either peak or daily) and one hundred (100) vehicles per day more than the existing use for all roads under local jurisdiction; or exceeding twenty-five (25) percent more trip generation (either peak or daily) and one hundred (100) vehicles per day more than the existing use for all roads under state jurisdiction, as defined in F.S § 335.18.

Special purpose sign shall mean any sign other than a business, nonaccessory, identification sign, including but not limited to traffic signs.

Specified anatomical areas shall mean: (1) Less than completely opaquely covered; (a) human genitals, pubic region, (b) buttocks, and (c) female breast below a point immediately above the top of the areola; and (d) human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities shall mean (1) human genitals in a state of sexual stimulation or arousal; (2) acts of human masturbation, sexual intercourse or sodomy; (3) fondling or other erotic touching of human genitals, public region, buttock or female breast.

Standard index (roadway and traffic design standards) means a Florida Department of Transportation document with detailed standards for the construction of connections.

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

State highway system (SHS) means the network of limited access and controlled access highways that have been functionally classified and are under the jurisdiction of the State of Florida.

Story shall mean that portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.

Street shall mean a public highway, road or thoroughfare which affords the principal means of access to adjacent lots, measured from property line to property line.

Street line shall mean a lot line dividing a lot from a street.

Streetscape shall mean all elements of a development or area that are in view from other points along a street.

Structural alterations shall mean any change, except the repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders or the rearrangement of any interior partitions affecting more than five (5) percent of the floor area of the building.

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

Structure means a walled and roofed building that is principally above ground, affixed to or upon a permanent foundation, including a manufactured home, a gas or liquid storage tank, or other manmade facilities of infrastructures.

Subdivision shall include: All divisions of real property into three (3) or more lots, blocks, parcels, tracts or other portions for the purpose of recording a plat thereof in the public records of the county; Any division of land involving the assignment of lots to meet chapter 25, zoning. Where the entire tract being subdivided is to remain under one ownership, the subdivision that thereof need not be recorded in the public records of the county, but shall be made a part of the municipal records of the city and the subdivision and its plat shall conform to the requirements prescribed by this chapter. Any divisions of land involving the dedication of a new street or other public way or a change in existing streets, or alleys, providing, however, that public acquisition of land for streets or highway purposes shall not be deemed a subdivision.

Stub-out (stub-street) means a portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future.

Substantial improvement means any combination of repairs, reconstruction, alterations or improvements to a structure, taking place during the life of the structure, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or the State of Florida Inventory of Historic Places.

Surveyor shall be deemed to be a duly registered and licensed surveyor or civil engineer.

Telecommunication permit means the privilege granted by the city by which the city authorizes a person to erect, construct, reconstruct, operate, dismantle, test, use, maintain, repair, rebuild and replace a private communications system that occupies the streets, easements, public ways or public places within the city. Any telecommunication permit issued in accordance herewith shall be a nonexclusive permit.

Temporary access. Provision of direct access to the controlled access facility until that time when adjacent properties develop, in accordance with a joint access agreement or frontage road plan.

Temporary event shall mean a use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. Temporary uses usually do not involve the construction or alteration of any permanent building or structure, although the authorization of the temporary use does not necessarily preclude such construction. Examples of such uses include, but are not limited to, art shows, car shows, grand openings, special or seasonal sales events, concerts, revivals, and festivals. See special events requirements for further clarification.

Temporary sign(s) shall mean a display, information sign, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary material, with or without a structural frame, and intended for a limited period of display, including decorative displays for holidays or public demonstrations and including pennants, flags (not intended to include flags of governmental, charitable, religious, fraternal or other organizations), searchlights, twirling or sandwich type signs, sidewalk or curb signs, and balloons or other air or gas filled figures.

T-frame sign shall mean a portable sign utilizing an inverted "T" style of framing to support the sign.

Theater shall mean a building, or part thereof, which contains an assembly hall with or without stage which may be equipped with curtains and permanent stage scenery or mechanical equipment adaptable to the showing of plays, operas, motion pictures, performances, spectacles and similar forms of entertainment.

Toll telephone service means a telephonic quality communication for which there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication; or a service which entitles the subscriber or user, upon the payment of a periodic charge which is determined as a flat amount, or upon the basis of total elapsed transmission time, to the privilege of an unlimited number of telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area in which the station provided with this service is located.

Total gross revenues means all cash, credits, property of any kind or nature or other consideration derived directly or indirectly by a permittee, its affiliates, subsidiaries, parent corporation, and any other person or entity in which the permittee has a financial interest or which has a financial interest in the permittee, arising from or attributable to operation of the private communications system within the city, including revenue from all charges for the installation, connection and reinstatement of equipment necessary for the utilization of the private communications system and any interconnection fees. This sum shall be the basis for computing the fee imposed pursuant to chapter 25, section 25-782. Such sum shall not include any bad debts, deposits, promotional or vendor discounts or credits nor sales, service, occupation or other excise tax to the extent that such taxes are charged separately from normal service charges and are remitted by the licensee directly to the taxing authority.

Townhouse shall mean one (1) or a group of attached single-family residential units. Each townhouse unit is separated from the adjoining unit or units by an approved fire-resistant party wall or walls. Party walls shall be located on the lot line and shall extend from the foundation to the roof.

Transient accommodation unit means an individual room or rooms within a transient accommodation use designed to be rented as a single unit for transient occupancy.

Transient accommodation use means a facility containing one (1) or more transient accommodation units. Transient accommodation uses shall be further classified as a hotel, motel, or bed and breakfast inn, if the establishment satisfies the following criteria:

Bed and breakfast inn means a family home structure, with no more than six (6) sleeping rooms, which has been constructed or modified to serve as a transient public lodging establishment, which provides the accommodation and meal services generally offered by a bed and breakfast inn, and which is recognized as a bed and breakfast inn within the community or by the hospitality industry. (See also section 25-288(a) of this Code.)

Hotels and motels. For the purposes of this chapter, hotels and motels are differentiated as follows:

(1)

Hotel means any public lodging establishment meeting the general definition of "transient accommodation use" as described above and containing sleeping room accommodations for twenty-five (25) or more guests and providing services generally provided by a hotel and recognized as a hotel within the community or by the hospitality industry.

(2)

Motel means any public lodging establishment meeting the general definition of "transient accommodation use" as described above and which offers rental units with an exit to the outside of each rental unit, daily or weekly rates, off-street parking for each unit, a central office on the property with specified hours of operation, a bathroom or connecting bathroom for each rental unit, and at least six (6) rental units, and which is recognized as a motel within the community or by the hospitality industry.

Travel trailer or recreational vehicle shall mean a vehicle less than forty (40) feet in length and used for temporary or recreational living or sleeping purposes, and standing on wheels, whether self-propelled or requiring a separate vehicle for power.

Tree shall mean any living, self-supporting, woody perennial plant which has a truck diameter of at least four (4) inches at breast height.

Under canopy or marquee sign shall mean a sign suspended below the ceiling or roof of a canopy or marquee.

Unlawful sign shall mean a sign which contravenes this code or which the administrator may declare as unlawful if it becomes dangerous to public safety by reason of dilapidation or abandonment, or a nonconforming sign for which a permit required under a provision code was not obtained.

Use shall mean the purpose for which a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained.

Vacant land shall mean any lot or parcel of land which is completely open, has no use associated with or upon it and is not utilized as the required yard area for any adjoining uses.

Variance is a grant of relief to a person from the requirement of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary and exceptional hardship.

Vehicle sales and service means direct sales of and service to passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles.

Vehicle service—Limited generally involve services provided while the customer waits, same day pick-up of the vehicle. Services such as quick lubrication, battery sales and installation, auto detailing, minor scratch and dent repair, bedliner installation, tire sales and mounting, provided such repair is within a enclosed building.

Vehicle service—Intensive generally involve services provided where the customers leaving a vehicle on-site for more than twenty-four (24) consecutive hours. Alignment shop, auto body shop, auto upholstery shop, major engine or transmission repair of cars, trucks, RVs and boats, towing service.

Wall sign shall mean a sign affixed to the wall of any building, projecting not more than twelve (12) inches from the building.

Wall sign or fascia sign shall mean a sign erected on the wall, cupola, or parapet of a building or structure in such a manner that only one (1) side of the sign is visible, or a sign which is affixed to or painted on the wall, cupola, or a parapet of a building or structure and projecting not more than twelve (12) inches from the building. A wall sign is sometimes referred as a fascia sign. The definitions of wall sign and projecting sign are mutually exclusive.

Wall, exterior shall mean a wall, bearing or non-bearing, which is used as an enclosing wall for a building, but which is not necessarily suitable for use as a party wall or firewall.

Wall, foundation shall mean a wall below the first floor extending below the adjacent ground level and serving as support for a wall, pier, column or other structural part of a building.

Wall, party shall mean a wall on an interior lot line, used or adapted for joint service between two (2) buildings.

Wall, retaining shall mean a wall designed to prevent the lateral displacement of soil or other material.

Warehouse shall mean a building used for storing goods, wares and merchandise, whether for the owner or for someone else and whether it is private or public. All highly combustible, flammable or explosive products or materials shall be properly ventilated and/or separated from the remainder of the building in accordance with SBCC standards and except for the sheltering of animals, and larger than five hundred (500) square feet.

Warehouse, mini shall mean a multi-storage facility adjoined and under one (1) roof for the storing of goods, wares and merchandise whether for the owner or for someone else and whether public or private not for the purpose of retail or personal services and not greater than five hundred (500) square feet with the same restrictions of warehouses.

Wetlands shall be defined as lands which area identified by being inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The definition includes all contiguous and non-contiguous or isolated wetlands to waters, water bodies, and watercourses. Wetlands include, but are not limited to, swamp hammocks, hardwood hybrid hammocks, riverine cypress, cypress ponds, bayheads, bogs, wet prairies, and freshwater marshes.

Window sign shall mean a sign that is applied or attached to a window or door, or a sign located near a window within a building for the purpose of being visible to and read from the outside of the building except for sign that are not legible from a distance of more than three feet beyond the building in which such sign is located. This term does not include merchandise located in a window.

Wine shall mean all beverages made from fresh fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added, in the manner required by the laws and regulations of the United States, including all sparkling wines, champagnes, combinations of the aforesaid beverages, vermouths, and like products.

Writing includes printing and typewriting.

Written notice shall mean a notification in writing delivered in person to the individual or parties intended, or delivered, or sent by certified or registered mail to the last residential or business address of legal record.

Yard shall mean an open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided in this section.

Yard, front shall mean an open unoccupied space across the full width of the lot, extending from the front building line, including open porches, to the front line of the lot.

Yard, garage, carport, rummage or charity sale shall mean sale of personal goods or items in a residential use by the property owner/occupant.

Yard, rear shall mean an open unoccupied space extending across the full width of a lot and measured between the rear line of the lot and the rear building line of the main building.

Yard, side shall mean an open unoccupied space on the same lot with a building between the building line and the side line of the lot extending through from the front building to the rear or to the rear line of the lot where no rear yard is required.

(Ord. No. 04-27, § V(11), 5-10-04; Ord. No. 10-40, § I, 5-10-10; Ord. No. 12-32, § I, 5-14-12; Ord. No. 18-12, § I, 5-29-18; Ord. No. 20-49, § I(Exh. A), 12-14-20)