The Longwood Development Code is established to provide for the orderly management of growth and redevelopment within the City of Longwood. This Development Code shall be construed broadly to accomplish its stated purposes and objectives. The regulations contained in this Development Code are designed to promote the health, safety and general welfare of the public. The regulations are made with consideration to the character of Longwood and each district or neighborhood of Longwood, its suitability for particular uses, conserving the value of property, and encouraging the most appropriate use, development, and redevelopment throughout the city.

This code shall be known as the "Longwood Development Code" and may be cited as the "Longwood DC" or "LDC."

The LDC is enacted pursuant to the requirements and authority of F.S. § 163.3202, and the general powers in F.S. ch. 166, and Articles II and VIII of the Florida Constitution.

1.4.1. General applicability. The use of any parcel of land, any structure, or any combination thereof, within the corporate limits of the City of Longwood shall be in conformance with the requirements of the LDC. No development, building, or part thereof, shall hereafter be erected, constructed, moved, or altered, and no building or land or part thereof, shall be used or reused except in conformity with the provisions of the LDC. Except as specifically provided in the LDC the enlargement, alteration, conversion, reconstruction, major rehabilitation, or relocation of any existing building or structure shall be in accordance with the standards and criteria of the LDC.

1.4.2. Exceptions. The following general conditions or circumstances are exempt from the provisions and requirements of the LDC.

A.

Projects for which a development order or permit has been lawfully issued and which has not expired prior to the effective date of the LDC, and for which development activity has commenced and continued in good faith, and in accord with all applicable development orders and permits.

B.

Work by any electric utility or persons engaged in the distribution or transmission of gas, water, sewer, or telecommunications for the purpose of inspecting, repairing, or renewing facilities on established rights-of-way, any existing sewers, mains, pipes, cables, powerlines, poles, utility tunnels, or the like.

C.

Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior. It is not the intent of this provision to exempt a structure from complying with the LDC upon change of use. It is not the intent of this provision to exempt a property from requirements for a building permit.

1.4.3. Relationship to the Comprehensive Plan. This LDC is intended to implement the Longwood Comprehensive Plan through the establishment of procedures for review of proposed development and redevelopment, and through the adoption of standards and criteria for such development. Refer also to section 2.2.0 regarding the use of the future land use map in regulating use of property within the City of Longwood.

(Ord. No. 05-1746, § 1(1.4.2), 4-4-2005; Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 12-1992, § 1, 9-4-2012; Ord. No. 14-2025, § 1, 5-5-2014; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

It is the specific intent of the LDC to provide regulations for the following purposes.

A.

Regulation of the division of land.

B.

Efficient use of public facilities and services.

C.

Regulation of the use of land and water to ensure compatibility with adjacent land uses.

D.

Provision for the protection of natural resources and environmentally sensitive lands of the city, including potable water wellfields, flood prone areas, protected habitats, and wetlands.

E.

Regulation of signs.

F.

Requirement for inspection and engineer certification in order to ensure that required improvements meet city standards.

G.

Establishment of procedures to ensure that the provisions of the Longwood Comprehensive Plan are implemented.

H.

Provision for the protection of historical and archeological resources within the city.

1.6.1. Generally.

A.

In the administration of the LDC, where there is any conflict between text within the LDC and any caption, illustration, or graphic presentation, the text shall control.

B.

In the administration of the LDC, where there is any conflict between the specific provisions of the LDC and specific provisions of the Longwood Comprehensive Plan, the Longwood Comprehensive Plan shall control.

C.

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

D.

The word "person" includes an individual, a corporation, any incorporated association, or other similar entity.

E.

Words used in the present tense shall include the future.

F.

Words used in the singular number shall include the plural and the singular, unless the context clearly indicates to the contrary.

G.

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, or provisions connected by the words "and," "or," or "either … or," the meaning shall be interpreted as follows.

1.

"And" means that all connected items, conditions, and provisions shall apply.

2.

"Or" means that connected items, conditions, or provisions may apply singly or in any combination.

3.

"Either…or" indicates that the connected items, conditions, or provisions shall apply singly but not in combination.

H.

The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to other instances or circumstances of like kind or character.

I.

All statements that refer to "section" mean sections of the LDC unless the statement clearly provides a citation to another document.

1.6.2. Responsibility for interpretation. In the event that any question arises concerning the application of regulations, performance standards, criteria, definitions, procedures, or any other provision of this LDC, the community development director shall be responsible for interpretation.

(Ord. No. 11-1961, § 1, 5-16-2011; Ord. No. 18-2136, § 3, 6-18-2018)

1.6.3. Computation of time. The time within which an act shall be done shall be computed by working days excluding the first and including the last day. Saturdays, Sundays, and legal holidays in the City of Longwood shall be excluded from the computation.

1.6.4. Relationship of specific to general provisions. More specific provisions of this LDC shall be followed in lieu of more general provisions.

This LDC is not intended to repeal, abrogate or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of the county.

If any section, subsection, paragraph, sentence, clause, or phrase of this LDC is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this LDC shall continue in full force and effect.

These regulations shall be effective immediately upon passage.

The City of Longwood hereby incorporates by reference the definitions contained in F.A.C. 9J-5.003 and F.S. § 163.3164. Other words and terms used in this LDC shall be given their common and ordinary meaning, except where the context clearly provides otherwise or where a specific definition is given within the text. The following terms are defined for purposes of this LDC:

Abandonment. The use, structure, or sign is not used, occupied, or otherwise operating. Periods of active remodeling during which the use is closed for repairs should not be considered in determining abandonment.

Abut means to physically touch or border upon, or to share a common property line.

Access easement. That portion of a lot or parcel used for ingress or egress to an abutting lot or parcel, and shown on a recorded plan by declaration. In no case shall a street or right-of-way be construed to mean an easement.

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

Active recreation. Recreational uses, areas, and activities oriented toward potential competition and involving special equipment. Playgrounds, sports fields and courts, swimming pools, picnic areas and golf courses are examples of active recreation uses.

Addition. Any construction that adds or enlarges the size of an existing building. Additions also include any extension or increase in floor area, or height of building or structure. Examples of an addition are: porch, carport, new room, roof configuration, etc.

Alley. As defined in F.S. § 177.031(1).

Alter or alteration. A change in the appearance of a building, structure, site or object, which is not otherwise covered by the definition of demolition or any other change of which a permit is required pursuant to this part.

Aquifer. An underground formation, group or formations, or part of a formation that is permeable enough to transmit, store or yield quantities of water.

Bar means any establishment which is devoted primarily to the retailing and on-premises consumption of alcoholic beverages but may include small-scale on-site brewing (micro-brewing). Such establishments may also serve meals and food as is customary for restaurants and provide, for no additional charge to patrons, incidental live entertainment; however, this particular use shall be those establishments where more than 50 percent of the gross revenue is derived from alcoholic beverage sales and patrons are not sold tickets or required to pay an entry fee for access to the establishment in order to watch live entertainment events.

Base flood. The flood having a one percent chance of being equal or exceeded in any given year.

Bed and breakfast establishment. A house, or portion thereof, where short-term lodging rooms and meals are provided. The owner or resident manager may live on the premises.

Bikeway means any road, street, path or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether the facility is designed for the exclusive use of bicycles or is to be shared with other transportation modes.

Block means a group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers.

Brewery. An establishment that is licensed by the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco to manufacture malt beverages. The establishment may also include a tasting room and retail space to sell malt beverages produced on the premises along with related retail items and food.

Buffer means the area reserved along the boundary of a parcel in which landscaping and/or walls, fences or berms provide a separation for uses of differing type and intensity as well as providing an attractive boundary between parcels.

Buffering means the use of any manmade or natural materials or open space in any fashion designed to limit the effects of one land use upon adjoining land uses.

Building means any structure, either temporary or permanent, except a fence or as otherwise provided in this definition, used or built for the enclosure or shelter of persons, vehicles, goods, merchandise, equipment, materials or property generally. This definition shall include tents, dining cars, trailers, mobile homes, sheds, garages, carports, animal kennels, storerooms, jails, barns or vehicles serving in any way the function of a building as described herein. This definition shall not include individual doll houses, play houses, and animal or bird houses.

Building envelope means the outermost surfaces forming the complete enclosure of a building.

Building height means the vertical distance measured from the average elevation of the proposed finished grade to the highest point of elevation of the building.

Carwash means a facility for the cleaning and washing of motor vehicles including interior cleaning, vacuuming, waxing and detailing, by means of self-service, automated mechanical equipment, manual labor or a combination thereof. Any carwash dispensing gasoline or other motor vehicle fuels shall be considered an automobile service station.

CBD establishment. CBD establishments are those that dedicate more than 20 percent of their tenant floor space square footage to the sale, offering, and/or furnishing of cannabidiol products including Delta-8. The use of "CBD" in the business tax receipt application, business registration, sign permit application, or any other official document shall be prima facie evidence that the business is a primary use CBD oil establishment.

Church or other places of worship means any structure or site used primarily as a place of public or private worship on a permanent basis by a recognized and established religious sect or denomination and registered as a not-for-profit organization pursuant to Section 501(c) of the Internal Revenue Code of 1954. For the purpose of distance requirements specified in City Code or this Development Code, "church or other places of worship" or similar wording shall mean a free-standing church.

Club or lodge means an establishment operated by a corporation or association of persons for social, literary, political, educational, fraternal, or charitable purposes, registered as a not-for-profit organization pursuant to Section 501(c) of the Internal Revenue Code of 1954.

Commercial indoor recreation facilities and gyms. An indoor privately-owned facility, with or without seating for spectators, and providing accommodations for a variety of individual, organized, or franchised sports, including but not limited to basketball, ice hockey, wrestling, soccer, tennis, volleyball, racquetball, or handball. Such facility may also provide other regular organized or franchised events, health and fitness club facilities, swimming pools.

Commercial outdoor recreation facilities. Privately-owned, predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, paintball, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, and motorized model airplane flying facilities.

Community centers. "Community center" means land and/or building(s) owned by a public agency or private nonprofit entity used for social, civic, educational, religious or recreational purposes, which serves mainly the community where located; including but not limited to community halls and centers, senior citizen centers, teen centers, youth clubs.

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

Community residential home. As defined by F.S. § 419.009(1)(a).

Contiguous. Land that abuts other land or lands that are separated only by streets, ways, pipelines, electric power lines, conduits or rights-of-way, owned in fee or less than fee, by third parties.

Development or development project. Different than development activity as defined in 10.0.2, the use of development or development project in context refers to a parcel or series of parcels under common ownership or agreement.

Diameter at breast height (DBH) (tree). A measurement of the size of a tree equal to the diameter of its trunk measured four and one-half foot above the adjacent natural grade.

Docks. Structures in and adjacent to the water used for mooring of vessels. Private docks are those which are privately owned and are not for rent and have a maximum of two slips. Docks with three or more slips are considered marinas.

Drip line. The outer perimeter of the crown of the plant.

Drive-in or drive-up restaurant. A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where a significant portion of the consumption takes place or is designed to take place outside the confines of the building. The building may include one or more service windows accessible directly from a vehicle.

Drugstore. A retail establishment of more than 10,000 square feet where the majority of the floor space is dedicated to the sale of groceries, cosmetics, and related items, and also includes an accessory pharmacy owned and operated by the primary user for which the operations take up no more than 35 percent of the total floor area. A drugstore may also have a drive-thru window and an accessory medical clinic.

Dwelling unit. A building providing complete independent living facilities for one housekeeping unit including a kitchen and permanent facilities for living, sleeping, eating, cooking, and sanitation.

Apartments. Attached dwelling units sharing common walls and located above or below other dwelling units in a multi-story building containing at least three dwelling units.

Condominiums. That form of ownership of real property which is created pursuant to the provisions of F.S. ch. 718, and which is comprised of units that may be owned by one or more persons, and there is, appurtenant to each unit, an individual share in common elements. Condominiums that have attached dwelling units sharing common walls and located above or below other dwelling units in a multi-story building containing at least three dwelling units are considered and will be treated as a multi-family residential or apartment use.

Duplex. A structure used for residential purposes and consisting of only two living units with a common wall.

Manufactured home. As defined in F.S. § 320.01(2)(b).

Multifamily. A building or series of buildings that each contain three or more dwelling units the term includes rental apartments, cooperative apartments, residential condominiums, townhouses, and the like.

Single-family. A single, unattached dwelling unit on a single lot of record.

Townhouse. An attached, privately owned dwelling unit which is a part of and adjacent to other similarly owned dwelling units that are connected to but separated from one another by a common party wall having no doors, windows, or other provisions for human passage or visibility and where no dwelling unit is located on top of another dwelling unit. For the purposes of the Development Code, a unit meets the definition of a townhouse by being connected to at least two other dwelling units without dwelling units above or below, and thus the three units together are regulated as a multifamily structure.

Tiny home. A detached, single-family residential dwelling unit between 200 square feet and 900 square feet set on a foundation that is the primary structure and meets all applicable Florida Building Code standards.

Easement. Any strip of land created by an individual, government agency, or utility provided for public or private utilities, sanitation, or other specific uses having limitations, the title of which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude. Public utility includes any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, or telephone line, whether underground or overhead.

Erosion. The wearing or washing away of soil (consolidated or unconsolidated material) by the action of wind or water.

Façade. For the purposes of this Code, façade shall mean any face of a building. A façade facing a public or private road is a primary façade. A façade not facing a road but containing a public entrance is a secondary façade. All other façades such as those either not containing any entrances, or containing only service entrances, are tertiary façades.

Family. One or more persons occupying a single dwelling unit; provided that such family shall not contain over three persons unless all persons are related by law, blood, adoption, or marriage and are not immediate kindred.

Family day care home. As defined in F.S. § 402.302(7).

Fast food restaurant. An establishment with indoor and/or outdoor seating as provided for by the LDC where the principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises and which may provide, for no additional charge to patrons, incidental live entertainment.

Fence. A barrier erected to screen, protect, control animals, or mark boundary of any open area. Fences can be made of wood, metal, concrete, or similar types of material, or planted matter.

Flag lot. A flag lot is defined as a lot with two distinct parts:

1.

The flag, which is the only building site; and is located behind another lot; and

2.

The pole, which connects the flag to the street; provides the only street frontage for the lot; and at any point is less than the minimum lot width for the zone.

Fleet vehicles. Any motor vehicle a company owns or leases that is used in the normal business operations of a company. Vehicles which are used in the normal business operation of a company, but are owned or leased by company employees are not fleet vehicles. Vehicles that are considered "off-road" (e.g., farm or construction vehicles) or demonstration vehicles are not fleet vehicles.

Flood. A temporary rise in the level of any water body, watercourse, or wetland that results in the inundation of areas not ordinarily covered by water.

Floodway. The portion of the floodplain district required to carry and discharge the waters of the 100-year flood without increasing the water surface elevation at any point more than one foot above conditions as demonstrated in a flood insurance study.

Floor area ratio (FAR). The total area of all floors of a building divided by the total site area.

Grade. The average finished ground level of the land immediately surrounding the building or structure.

Grocery store (large). A retail use larger than 20,000 square feet which provides goods and/or services including food and non-food commodities, such as beverages, dairy, dry goods, fresh produce and other perishable items, frozen foods, household products, and paper goods. A large grocery store may also include a pharmacy with or without drive-thru and integrated or associated alcohol sales consistent with state law.

Ground cover. Natural mulch or low growing evergreen plants other than deciduous varieties installed to form a continuous cover over the ground.

Hardship. For the purpose of variances to the floodplain management requirements of this Code and the flood resistant construction requirements of the Florida Building Code, the exceptional hardship associated with the land that would result from a failure to grant a requested variance. Conditions must be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these concerns can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Home occupation. Any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling.

Homeowner's association. As defined in F.S. § 720.301(7).

Hospital. As defined in F.S. § 395.002(13).

Hotel (motel). As establishment where lodging is provided for compensation other than in dwelling units. Unless otherwise specified by district regulations, hotels may include restaurants, lounges, gift shops, and other customary uses open to both occupants and others. For purposes of these regulations, the term hotel shall be construed to include motel, motor court, motor inn, tourist court, motor lodge and similar facilities.

Impervious surface. A surface which has been compacted or covered with a layer of material so that it is resistant to infiltration by water. The term includes streets, roofs, sidewalks, parking lots, swimming pools, or areas covered by asphalt, brick, concrete, or other similar materials.

Impervious surface ratio (ISR). The proportion of a development that is covered by an impervious surface. It is determined by dividing the total area in impervious surface by the total site area.

Junkyard or salvage yard. Place, structure or lot where junk, waste, discarded, salvaged or similar materials such as old metals, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, brought, sold, exchanged, baled, packed, disassembled, stored, or handled; including used lumber and building material yards, house wrecking yards, heavy equipment wrecking yards and yards or places for the storage, sale or handling of salvaged house wrecking steel materials and also including the dismantling or disassembling of used motor vehicles, boats or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.

Kennel. An establishment for the keeping, breeding, boarding, or training of dogs, cats, or similar domesticated pets. Domesticated pets shall not include livestock, poultry, exotic, or farm animals.

Live Local Act. Refers specifically to the "Live Local Act" enacted by Florida Senate Bill 102 and codified at F.S. 166.04151, and as may be amended from time to time.

Live performance venue. A facility for the commercial presentation of live entertainment, including musical acts, performing arts events, theatrical plays, stand-up comedy, and similar performances. Performances are promoted or scheduled in advance and tickets or an admission fee is required to be paid by patrons for admission to watch a live entertainment event. A live performance venue is only open to the public when a live performance is scheduled. A live performance venue may include classroom space utilized during hours it is not open to the public for a performance. A live performance venue may include concession stands, including sale of alcohol, but only when it is open to the public for a performance. A live performance venue does not include any church or other house of worship, public school, city or other government-owned facility, adult uses or nightclubs.

Lot. A parcel of land of sufficient size to meet minimum design requirements for use, coverage and area, and to provide such yards and other open spaces are herein required. Lot includes tract or parcel and means the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter, or other name through which it may be identified.

Corner. A lot abutting upon two or more streets at a street intersection, or abutting upon two adjoining and deflected lines of the same street.

Flag. A tract of land having insufficient lot width along a road or at a minimum setback line to meet code requirements but with sufficient area to meet all lot requirements further back on the lot.

Double frontage. A lot having two nonadjoining property lines abutting upon a street or streets.

Interior. A lot other than a corner lot or a double frontage lot.

Reverse frontage. A double lot fronting on both a minor street and primary or collector street with access only permitted to the minor street. Rear access to the primary or collector street shall be prohibited by means of a nonaccess reservation strip or easement along the primary or collector street.

Manager. The chief administrative official as approved by the city commission; the city manager or designee.

Manufactured building. As defined in F.S. § 320.01.

Manufacturing, micro. The retail or business-to-business production of artisan goods that are produced in small quantities using small hand tools or light machinery that have no negative external impacts on surrounding properties including, but not limited to, arts and crafts, small-batch bakeries, 3-D printing, or the use of computer numerical control routers. May include a retail component.

Marijuana dispensary. A medical marijuana treatment center dispensing facility as defined in Florida Statutes. This definition shall also cover such dispensaries as may be permitted by state law should recreational marijuana be legalized.

Mean high water. The average height of the high water over a 19-year period. For shorter periods of observation, it means the average height of water after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19-year value. The mean high water line along the shores of land immediately bordering on navigable waters is recognized and declared to be the boundary between the foreshore owned by the state in its sovereign capacity and upland subject to private ownership.

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

Mean low water. The average height of the low waters over a 19-year period. For shorter periods of observation, it means the average height of water after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19-year value.

Mean low water line. The intersection of the tidal plane of mean low water with the shore.

Mitigation. Any action taken to lessen the specified undesirable impacts of a proposed land use or land disturbance activity, including those which would adversely affect the health or longevity of a natural feature, pose a visual intrusion or conflict, or otherwise be deemed incompatible with surrounding properties.

Multi-purpose event facility. A facility that contains similar characteristics to live performance venues and reception facilities for private and ticketed events, occasional concerts and dance parties, art installations, recording studios, cultural events, with food and/or beverages that are prepared and served on-site or by a caterer to invited guests during intermittent dates and hours of operation. Live entertainment may occur as part of an event and may include occasional concerts or dance parties but those functions with live entertainment shall not exceed half of the total number of events at the facility in a given month. A multi-purpose event facility is not operated as a restaurant, bar, or nightclub, shall not have regular hours of operation beyond scheduled events, shall not have alcohol sales as a primary source of revenue, shall not have a cover charge or similar, but may be associated with another use such as retail. Alcoholic beverage sales shall not exceed of the multi-purpose event facility's average monthly gross revenue. A multi-purpose event facility does include a church or other house of worship, public school, or city or other government-owned facility.

Multiple-unit (or multi-tenant) centers. A commercial or mixed-use consisting of a parcel of property, or parcel of contiguous properties, existing as a unified or coordinated project, with a building or buildings housing three or more occupants utilizing a common building entranceway or parking area, but separate from a strip commercial center.

Neighborhood community facilities. Public or private facilities associated with and specifically serving a subdivision or neighborhood including but not limited to clubhouses, swimming pools, boat docks, gardens, and similar facilities.

Nightclub. An adult entertainment establishment that provides entertainment, including live music and disc jockeys (DJs), and an area for dancing by patrons of the establishment. A nightclub has as its primary source of revenue the sale of alcoholic beverages and/or cover charges. Portions of the floor area may be set up for alcohol service, including a bar counter, with or without stools, and other seating areas. A nightclub is only open to the public when it is providing such entertainment and admission (cover charge) is generally charged to patrons for admittance.

Nonconforming use. A land or structure use that is inconsistent or does not conform to the regulations of the land use district in which it is located.

Ornamental. A decorative object; especially a plant cultivated for its beauty rather than for use (in other words, not necessarily a functional use such as buffering and shading as other portions of the Code require).

Pain management clinic. Pain management clinics shall be defined as described in F.S. § 458.3265 or § 459.0137.

Passive recreation. Recreational uses, areas or activities oriented to noncompetitive activities that either require no special equipment or are natural areas. Bicycle riding, hiking and bird watching are examples of passive recreation activities.

Pawnshop. Any person whose business is to take or receive by way of pledge, pawn or exchange any goods, wares or merchandise or article of personal property (except for car titles, deeds, cash, checks or other similar commercial instruments and papers) of any kind as security for money loaned thereon.

Personal services. Establishments providing non-medical personal services including, but not limited to, dry cleaning, laundromats, nail salons, tanning salons, locksmiths, pet grooming with no boarding, show repair shops, tailors, but excluding medical marijuana dispensaries, massage therapy and tattoo parlors.

Pharmacy. A pharmacy is an establishment where drugs and medicines are exposed for sale and sold at retail, or in which prescriptions of licensed physicians and surgeons, dentists, prescribing psychologists, or veterinarians are compounded and sold by a registered pharmacist. The term pharmacy includes a "community pharmacy" as defined by F.S. § 465.003, provided such is not an accessory use to drugstore as defined in this article. The term pharmacy does not include an "institutional pharmacy" as defined by F.S. § 465.003.

Pill mill. Any doctor's office, clinic, or health care facility that routinely colludes in prescribing and dispensing of controlled substances in violation of federal law or Florida Statutes and regulations, or any pain management clinic, whatever its title, including but not limited to a "wellness center," "urgent care facility," or "detox center," that fails to register with the State of Florida as required by F.S. § 458.3265 or § 459.0137.

Plant nursery. An establishment where flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products are grown, propagated, and/or sold.

Plat (subdivision plat). A map or delineated representation of the subdivision of lands, being a complete exact presentation of the subdivision and other information and may include the terms "replat," "amended plat," or "revised plat."

Principal structure. A building, which is the primary use of the lot on which the building is located.

Professional services. Business activities primarily provided by persons engaged in the practice of a profession, or providing services to other persons. Professional services are typically provided in offices and do not include retail or wholesale sales, industrial activity, repair, storage, or other business activities focused on products rather than persons. Professional services may also include administrative offices for commercial or industrial activities carried out in locations other than the site of the professional services.

Reception facility. A facility that provides hosting and rental services of a banquet hall or similar facilities for private events including, but not limited to, wedding receptions, holiday parties, and fundraisers, with food and beverages that are prepared and served on-site or by a caterer to invited guests during intermittent dates and hours of operation. Incidental live entertainment may be provided in the course of hosting receptions or parties but should not rise to the level of concerts or dance parties. A reception facility is not operated as a restaurant with regular hours of operation.

Recreational vehicles. As defined in F.S. § 320.01.

Restrictive covenants. Agreements and restrictions placed on property, usually by deed, and filed in the office of clerk of circuit court for subdivisions, townhouses, condominiums and the like.

Retention. The collection and storage of runoff without immediate surface discharge to surface waters.

Semi-pervious. A material that allows at least 40 percent absorption of water into the ground or plant material, such as pervious pavers, gravel or green roofs. Also referred to as semi-permeable.

Setback. An area between the lot line and the setback line in which structures may not be erected unless otherwise allowed in this Land Development Code.

Shade tree. Any self-supporting woody plant of a species that is well-shaped, well-balanced and well-foliated which normally grows to a height of at least 25 feet and normally develops an average nature spread of crown greater than 20 feet.

Shrub. A woody perennial plant differing from a perennial herb by its persistent and woody stems and from a tree by its shorter stature and habit of branching from the base.

Sit-down restaurant. A retail food service establishment with table service and indoor and/or outdoor seating and as provided for by the LDC in which the principal use is the preparation, cooking, consumption, and sale of food and beverages, and which may provide, for no additional charge to patrons, incidental live entertainment.

Smoke shop. Smoke shops are retail sales or wholesale establishments primarily engaged in selling tobacco and/or tobacco products, where 20 percent or more of the tenant floor space of the business is dedicated to any combination of the following activities, or related activities:

(1)

Retail sale, offering, and/or furnishing of cigarettes, cigars, pipes, and/or electronic cigarette devices and/or the retail sale of related paraphernalia including, but not limited to, pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia; or

(2)

Storage, mixing, rolling, display of tobacco products including nicotine-enriched solutions or other liquid products that are manufactured for use with e-cigarettes.

Smoking lounge. An establishment that is dedicated primarily to the on-premises consumption of tobacco products, electronic cigarettes, or other smoked or vaporized substances, and/or the use of hookahs. Smoking lounge includes but is not limited to establishments known, advertised, or represented as cigar lounges, hookah lounges, vape lounges, tobacco clubs, tobacco bars, and similar terminology.

Strip commercial center. Similar to a multiple-unit center, strip commercial centers are commercial uses consisting of a property or contiguous properties existing as a unified or coordinated project with a building or buildings housing three or more occupants. Strip commercial centers share a common parking area and are typically designed as one-unit deep development aligned on major thoroughfares.

Structure. Anything constructed, installed, or portable, the use of which requires a location on, or the attachment to, a parcel of land or the use of which requires the anchoring to submerged lands. It includes a movable structure while it is located on land or water which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. "Structure" also includes roof overhangs, above-ground equipment including A/C condensers and above-ground equipment, boat docks, floating boat docks, fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and signs, but does not include driveways or sidewalks.

Subdivision plat. See "Plat."

Surrounding neighborhood. A neighborhood is a contiguous area distinguished from other areas by common characteristics of social interaction and personal communication. The area also shares common characteristics of design and type of development (although it is not required that the neighborhood be entirely homogenous). A neighborhood may be separated from other areas by such barriers as major roadways (arterials, freeways, or other such major transportation corridors), water bodies, or natural features. A neighborhood may be a single subdivision or several subdivisions that together form a contiguous area as described above.

Swale. A natural or manmade drainage pathway, which if manmade has a top width to depth ratio of the cross section equal to or greater than six to one or side slopes, equal to or greater than three feet horizontal to one foot vertical; and has a grade as flat as the topography and design conditions will allow; and contains contiguous areas of standing or flowing water only following the occurrence of rainfall or flooding; and is planted with vegetation suitable for soil stabilization; stormwater treatment, and nutrient uptake.

Tattoo parlor. An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration or alteration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. This use does not include tattooing exclusively for medical or dental purposes, or the application of cosmetic permanent eye makeup as an accessory use of a personal services establishment.

Temporary use. A prospective use, intended for limited duration, to be located in a land use district not permitting such use, and not continuing a nonconforming use or building.

Traditional neighborhood development. This term refers to the design and layout of a neighborhood based on features such as the following: orientation to pedestrian access, use of alleys, use of a grid street pattern, use of small front yard setbacks, relatively narrow streets, on-street parking, sidewalks and within a ten-minute walk of a neighborhood park, retail or service establishment. Not all features may be present.

Tree, canopy. A tree, either single stemmed or multi-stemmed (clump form) which typically has a height at planting of at least 12 feet and, if single stemmed, a diameter of at least three inches (measured one foot above grade) at the time of planting and is, of a species which at maturity, can be expected to reach a height of at least 35 feet.

Tree, understory. A tree, single stemmed or multi-stemmed (clump form) whose leaves would occupy the intermediate level of a forest in a natural ecological situation. This type of tree is of a species that, at maturity, can be expected to reach a height of at least 15 feet.

Vehicular use area. Either an area designed or used for off-street parking or an area used for loading circulation, access, storage, display, or traverses or property by vehicles, boats or construction equipment.

Waterbody. Any natural or artificial pond, lake, reservoir, or other containment which ordinarily or intermittently contains water and which has a discernible shoreline.

Watercourse. Any natural or artificial stream, creek, channel, ditch, canal, waterway, gully, ravine or wash in which water flows in a definite direction, either continuously or intermittently and which has a definite channel, bed or banks.

Wildlife habitat. A community of plants that provide food, water, cover, nesting, and foraging or feeding conditions necessary to maintain populations of wildlife.

Window. An opening in the wall or roof of a building or vehicle that is fitted with glass or other transparent material in a frame to admit light or air.

Yard. The open unoccupied space on a building lot situated between the front, rear, or side walls of a building and the nearest lot line. Yard may also mean setback or setback area.

(Ord. No. 06-1800, § 1, 8-7-2006; Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 11-1976, § 1, 11-21-2011; Ord. No. 12-1998, § 1, 11-19-2012; Ord. No. 13-2016, § 1, 11-18-2013; Ord. No. 14-2025, § 1, 5-5-2014; Ord. No. 14-2038, § 1, 8-4-2014; Ord. No. 14-2049, § 1, 4-20-2015; Ord. No. 15-2065, § 1, 8-17-2015; Ord. No. 16-2107, § 1, 2-6-2017; Ord. No. 18-2136, § 1, 6-18-2018; Ord. No. 19-2151, § 1, 3-4-2019; Ord. No. 19-2158, § 2, 9-16-2019; Ord. No. 20-2170, § 1, 2-17-2020; Ord. No. 20-2189, § 1, 10-19-2020; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022; Ord. No. 22-2220, § 1, 8-15-2022; Ord. No. 22-2225, § 1, 8-15-2022; Ord. No. 22-2227, § 1, 9-7-2022; Ord. No. 23-2236, § 1, 3-20-2023; Ord. No. 23-2240, § 1, 10-2-2023; Ord. No. 24-2254, § 1, 8-5-2024)