A: Airport Zoning District

AASHTO: American Association of State Highway and Transportation Officials

ACOE: Army Corps of Engineers

ADT: Average Daily Traffic

BPAS: Building Permit Allocation System

CLSC: Certificate of Level of Service

C-NA: Conservation-Native Area Zoning District

C-OI: Conservation -Offshore Island Zoning District

DCA: Florida Department of Community Affairs

DEO: Department of Economic Opportunity

FAA: Federal Aviation Administrator

FDEP: Florida Department of Environmental Protection

FDOT: Florida Department of Transportation

FEMA: Federal Emergency Management Agency

FKAA: Florida Keys Aqueduct Authority

FKEC: Florida Keys Electric Cooperative

FLUM: Future Land Use Map

FWCC: Florida Fish & Wildlife Conservation Commission

GIS: Geographic Information System

HUD: US Department of Housing and Urban Development

I-G: Industrial-General

I-M: Industrial-Maritime

KEYWEP: Keys Wetland Evaluation Procedure

LDRs: Land Development Regulations

LOS: Level of Service

MHWL: Mean High Water Line

MLW: Mean Low Water

MU: Mixed-use

MUC: Mixed-use Commercial

MUD: Mixed-use Development

MU-M: Mixed-use Maritime

NPDES: National Pollutant Discharge Elimination System

P: Public Zoning District

PC: Planning Commission

PR: Parks and Recreation Zoning District

RH: Residential High Zoning District

RL: Residential Low Zoning District

RL-C: Residential Low-Conservation

RM: Residential Medium Zoning District

RM-1: Residential Medium-1 Zoning District (Coco Plum Subdivision)

RM-2: Residential Medium-2 Zoning District (Coco Plum Subdivision)

R-MH: Residential-Mobile Home Zoning District

RV: Recreational Vehicle

SFWMD: South Florida Water Management District

SWPPP: Stormwater Pollution Prevention Plan

TBR: Transfer of Building Right

TDR: Transfer of Development Right

TRC: Technical Review Committee

UMAM: Uniform Mitigation Assessment Method

VPH: Vehicles per hour

25-Year Storm Event. A rainfall event having a four (4%) percent probability of occurrence during any given year.

100-Year Floodplain. Areas subject to inundation by a flood having a one (1%) percent probability of occurrence in any given year. The 100-year flood elevation is the highest elevation of floodwaters during the 100-year storm event and is calculated or estimated from the best available information.

Access. Ingress and egress to land bordering on public streets.

Accessory structure (Appurtenant structure). A structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, and storage sheds. In the event that an accessory structure and associated use is located or proposed to be located on one of two adjacent or contiguous properties in common ownership one of which contains a principal structure and use, the other of which contains or will contain the accessory structure and use, the two properties do not need to be combined into one property (specifically excluding pools on adjacent properties). However, should the ownership of the two properties be divided into two different ownerships, the accessory structure and use shall cease, and any accessory structures shall be demolished until such time that a principal structure is approved and placed on the property.

Accommodations, Overnight. Any hotel, motel, bed and breakfast, rooming-house, RV park or campground that is intended to be used for overnight lodging, rented for a period of less than 28 days.

Addition (to an existing Building). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by independent perimeter load-bearing walls is considered new construction.

Administrative Permit. Any permit that may be granted by City of Marathon staff without a public hearing before a development review body, including, but not limited to; building permits, construction permits, vacation rental permit, sign permits, long dock variance and tree removal permits.

Adult Day Care. 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 18 years of age or older, who are not related to the owner or operator, and who require such services.

Advanced Treatment. Effluent that has received high level disinfection and contains not more, on an annual average basis, than the following concentrations:

1. Biochemical oxygen demand (CBOD5): Five mg/l.
2. Suspended solids: Five mg/l.
3. Total nitrogen, expressed as N: Three mg/l.
4. Total phosphorus, expressed as P: One mg/l.

Adverse Impact (upon a natural resource). Direct contamination, alteration, or destruction, or that which contributes to the contamination, alteration, or destruction of a natural resource, or portion thereof, to the degree that its environmental benefits are or will be eliminated, reduced or impaired.

Adverse Impacts means modifications, alterations, or effects on ground or surface waters or wetlands, including quality, quantity, hydrodynamics, i.e., currents, flow patterns, surface area, species composition, living resources, or usefulness which are or may be potentially harmful to human health and safety, to biological productivity or stability, or which interfere with lawful enjoyment of life or property, including secondary, cumulative, and direct impacts.

Adverse Stormwater Impacts. Runoff from heavy precipitation that can result in flooding outside of normal floodplains, erosion and loss of property or life.

Adverse Visual Impact. As used in Chapter 104, "Wireless Facilities", the negative visual effect of a WSF on its surroundings. Being able to see a WSF does not necessarily equate to a negative visual effect. Whether the visual effect of a WSF is adverse is based on the existence of relevant negative factors for that facility, the number of those negative factors, and the degree that the facility evidences those negative factors. Relevant negative factor may include: a large amount of the WSF is visible from normal views; the WSF is of a design, material, location, or size that readily catches and holds a viewer's eye when viewed from normal views; the WSF is in the normal view of a person in a moving vehicle for more than a short period of time; the WSF is to be lighted and in an area with few or no other lights; the WSF is readily identifiable as a WSF by the average viewer; the WSF, when viewed from normal views, appears out of place in the area; there is an absence of existing visual impact from other uses in the area surrounding the WSF; there is an absence of vegetation, structures or other screening between the WSF and normal views; the scale (height and bulk) of the WSF is significantly greater than other uses existing or allowed in the surrounding area; the facility is proposed in an area visually protected by adopted view protection corridors or generally applicable aesthetic regulations that heighten the protection of the overall aesthetics of the area; and a large amount of the available view is occupied by the WSF, relative to all available views.

Advertising Structures. Any structure erected or intended for advertising purposes with or without advertisement display thereon, situated upon or attached to real property, or upon which any poster, bill, printing, painting, or device is or may be fastened, affixed, or displayed; provided, however, said term shall not include "building."

Affordable—Early Evacuation Residential Allocation is an affordable BPAS allocation issued under the provisions of Chapter 107, Article 1, Sections 107.04A.2.(d), 107.06F., and 107.09 of the City of Marathon Land Development Regulations.

Affordable—Early Evacuation Residential Unit. Pursuant to the City's provision of affordable allocations from the "Affordable—Early Evacuation Pool," under Sections 107.04A.2.(d), 107.06F. and 107.09, the following criteria shall apply to all Affordable—Early Evacuation residential units:

1. Affordable-Early Evacuation residential units built under this program shall:
   1. Be multifamily structures;
   2. Be rental units;
   3. Require, at a minimum, adherence to the latest edition of the Florida Building Code as published by the Florida Building Commission;
   4. Not be placed in the V-Zone or within the Coastal Barrier Resource Systems;
   5. Require on-site property management;
   6. Comply with habitat and other applicable locational criteria and densities for multifamily affordable housing units;
   7. Shall not be placed in any habitat defined as mangroves, saltmarsh and buttonwood, hardwood hammock, or fresh water wetlands (disturbed categories excepted);
   8. Incorporate sustainable and resilient design principles into the overall site design;
   9. Ensure accessibility to employment centers and amenities;
   10. Require deed-restrictions ensuring:
       1. The property remains workforce-affordable housing in perpetuity;
       2. Tenants evacuate during the period in which transient units are required to evacuate;
       3. Rental agreements contain a separate disclosure requiring renters to acknowledge that failure to adhere to the evacuation requirement could result in severe penalties, including eviction, to the resident;
       4. Onsite property managers are formally trained in evacuation procedures.
2. Evacuation exemptions. Persons living in workforce-affordable housing who are exempt from evacuation requirements of Policy 1.1.2.i.(ii) include all first responders, correction officers, health care professionals, or other first-response workers required to remain during an emergency, provided the person claiming exemption under this policy has faithfully certified their status with property management.

Affordable Housing. Dwelling units which contain less than or equal to 1,800 square feet of habitable space meet all applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of City; and are restricted in perpetuity or as allowed by law for a minimum 50-year period to use by households that meet the requirements of at least one (1) of the following income categories: Very-low, low, median, moderate or middle. The requirements for these income categories are as provided in Chapter 104, "Specific Use Regulations".

Affordable Housing Development (concurrency). A development where the units meet the definition for affordable housing.

Aggrieved or Adversely Affected Party. Any person or local government that will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including interests related to health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services and environmental or natural resources. The alleged adverse interest may be shared in common with other members of the community at large but must exceed in degree the general interest in community good shared by all persons. The term includes the owner, developer or applicant for a development order.

Airport Hazard. Any structure or any object of natural growth or use of land which would exceed the federal obstruction standards as contained in 14 CFR, Part 77, subsections 77.21, 77.23, 77.25, and 77.29, as amended, and which obstructs the airspace required for flight of aircraft in landing, maneuvering, and takeoff at an airport or is otherwise hazardous to such landing or takeoff of aircraft.

Airport Obstruction. Any structure, object of natural growth or use of land which would exceed the federal obstruction standards as contained in 14 CFR, Part 77, subsections 77.21, 77.23, 77.25, and 77.29, as amended.

Airport Noise Zone. The area within the noise zone of public airports.

Alley. Any public or private right-of-way, primarily designed to serve as primary or secondary access to the side or rear of properties and less than 30 feet in width.

Allocation. A right, granted by the City pursuant to Article 1, Chapter 107, "Building Permit Allocation System (BPAS)", to make application for a building permit to build one (1) dwelling unit. An allocation is not a guarantee of receiving approval for a building permit. Approval of the building permit itself will occur through the established building permit review process.

Allocation Application Deadline Date. The specific date and time by which applications for the allocation applications will be accepted and processed.

Allocation Equivalency Factor. The fractional multiplier of one (1) allocation required for certain residential dwelling unit types as set forth in Article 1, Chapter 107, "Building Permit Allocation System".

Allocation Pools. Separate categories of developments as described in Article 1, Chapter 107, "Building Permit Allocation System" which are created for the purpose of distributing available allocations.

Alteration. Human-caused activity that modifies, transforms, or otherwise changes the land and/or vegetation, including, but not limited to: removal, displacement, mowing, or disturbance (severe pruning, hatracking or internodal cutting, or poisoning) of vegetation excluding permitted prescribed burns; removal, displacement, demucking or disturbance of soil, rock, minerals or water within a plant's root zone; introduction of livestock; placement of vehicles, structures, debris, fill or other material objects thereon, including introduction or injection of water and other substances; use of mechanical equipment, including vehicle rutting, within a plant's root zone; dredging or excavation of land; construction of new structures or expansion of existing structures; installation of utilities, roads, stormwater management systems, septic tanks, bulkheading, fencing, site preparation, land clearing, tree cutting, mechanized vegetation removal, contouring, placement of bridges or culverts, extraction of stumps or submerged logs, and the disposal of solid or liquid waste.

Altered Shorelines. Those shorelines that are located directly along dredged canals, basins and channels or those shorelines that have been filled or vertically bulk headed to such a degree that the original slope landward of the water is no longer present.

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

Ancillary Structures. Forms of development associated with a Wireless Communications Facility, including, but not limited to: foundations, concrete slabs on grade, guy wire anchors, generators, and transmission cable supports, excluding Equipment Enclosures. Ancillary Structures are not considered commercial floor area.

Animal Day Care. A facility that provides the service of temporary care, but not overnight boarding, of domestic animals.

Annual Allocation means the maximum number of dwelling units and nonresidential floor area for which building permits may be issued during an annual allocation period.

Annual Allocation Period means the 12-month period beginning on March 14, 2007 and subsequent one-year periods which are used to determine the amount of dwelling units and nonresidential floor area to be allocated in the upcoming BPAS year.

Antenna. Any apparatus designed for the transmitting and receiving of electromagnetic waves, which includes, but is not limited to; telephonic, radio or television communications. Types of Antennas include, but are not limited to: omni-directional (whip) Antennas, sectorized (panel) Antennas, multi or single bay (FM and TV), yaggie, or parabolic (dish) Antennas.

Antenna Array. A single or group of Antenna and their associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support.

Anti-climbing Device. A piece or pieces of equipment which are either attached to a Tower, or which are freestanding and are designed to prevent people from climbing the structure. These devices may include, but are not limited to; fine mesh wrap around structure legs, "squirrel-cones", the removal of climbing pegs on Monopole structures, or other approved devices, but excluding the use of barbed wire.

Applicant. The property owner, or duly designated agent of the property owner, of land on which a request for a building permit is received by the City. For the purposes of impact fees, and on which an impact fee is due or has been paid.

Appropriation or To Appropriate. An action by the Council to identify specific capital improvements for which impact fee funds may be utilized. Appropriation shall include, but shall not necessarily be limited to: inclusion of a capital improvement in the adopted City budget, capital improvements program or City road plan; execution of a contract or other legal encumbrance for a capital improvement using impact fee funds in whole or in part; and actual expenditure of impact fee funds through payments made from an impact fee account.

Approved Biologist. A professional biologist who is familiar with the natural environment of the Florida Keys.

Aquascape. The planting of aquatic and wetland plants in the enhancement, restoration, or creation of freshwater, estuarine, or marine systems.

Architecture. The art and science of designing a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures.

Art Gallery. An establishment engaged in the display and sale or loan of paintings, sculpture or other works of art.

Artifact. Any object manufactured or altered by human workmanship with intrinsic historical or archaeological value. Generally, this term shall apply to objects equal to, or greater than, 50 years in age.

Artificial light or artificial lighting means the light emanating from any manmade device. "Bug" type bulb means any yellow light bulb specifically designed to reduce the attraction of insects to the light.

ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

Assisted Living Facility. 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 24 consecutive hours, housing, food service, and one (1) or more personal care for four (4) or more adults, not related to the owner or operator, who require such services. Personal care, for the purposes of this definition, may include ambulation, bathing, dressing, eating, grooming, toileting, and other similar tasks.

Attached Wireless Communications Facilities. An Antenna (including dish Antennas) or Antenna Array that is attached to an existing building with an accompanying pole or device which attaches it to the building, transmission cables, and an Equipment Enclosure, which may be located either inside or outside of the existing building.

Attention-attracting Device. Any device or object visible from any public street which is primarily designed to attract the attention of the public to a business(s), Community Facility, sign, or activity through such means, including but not limited to; illumination, color, size or location. Attention attracting devices or objects may incorporate illumination, which may be stationary, moving, turning, blinking (including animation) or flashing. Attention-attracting devices may or may not convey a message. Such devices may include, but are not limited to, search lights, beacons, strobe lights, strings of lights, barber poles, internally illuminated translucent canopies or panels, electronically controlled message Councils (time/temperature signs, gas price signs, public service announcements, etc.), banners, streamers, pennants, propellers and inflatable objects (including strings of balloons) or other device/objects designed to attract attention. Approved traffic-control devices are not considered to be attention-attracting devices.

Automatic Controller. A mechanical or electronic device, capable of automated operation of valve stations to set the time, duration and frequency of a water application.

Automotive Sales and Services. The sale or storage of new and used automobiles, service stations, paint and body repair shops, automotive repair garages, and including the sales and servicing of any automotive component.

Average Daily Traffic (ADT). The number of vehicles traveling in all directions over a segment of a road during a 24-hour period.

Awning or Canopy Signs. Awnings shall be made of durable, long-lasting fabric and designed to fit the store front. Canopy signs are permanently attached underneath an awning or building overhang.

Base Flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year.

Base Flood Elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.]

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Beach. A sandy area typically composed of carbonate sands and shell material in the Keys, frequently associated with nearby dunes which are together suitable for turtle nesting and use by shore and wading birds.

Beach Berm. A bare, sandy shoreline with a mound or ridge of unconsolidated sand that is immediately landward of and usually parallel to, the shoreline and beach. The sand is calcareous material that is the remains of marine organisms such as corals, algae and mollusks. The berm may include forested, coastal ridges and may be colonized by hammock vegetation.

Beacon. Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same development site as the light source; also, any light with one (1) or more beams that rotate or move.

Bed and Breakfast. An owner-occupied dwelling unit where lodging, with or without meals, is provided for compensation, and including customary accessory uses in connection with the principal use.

Bedroom. A room generally intended for sleeping in, typically for one or two individuals and perhaps a small child. A bedroom typically is defined on the basis of the following conditions, but may vary:

1. Doors: Typically contains at least one door for entry, though may not have a door in open living plans
2. Minimum square footage: 60 to 70 square feet.
3. Minimum horizontal footage: A minimum of at least seven (7) feet in any horizontal direction.
4. Two means of egress: There have to be two ways out of a bedroom.
5. Minimum ceiling height: At least half of the bedroom ceiling has to be at least seven (7) feet tall and meet the Florida Building Code (FBC).
6. Minimum window size: The window opening must be a minimum size, usually five and seven-tenths (5.7) square feet and must meet the Florida Building Code (FBC).
7. A heating/cooling element.
8. May have a closet, an associated bathroom, small refrigerator, and/or a microwave.

For the sake of calculating the number of bedrooms, the City may count an office, den, game/recreation room, alcove, or similar room or semi-enclosed space as a bedroom dependent on the apparent purpose and use for the space.

Best Management Practices (BMPs). A series of guidelines or minimum standards based on research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources, typically associated with stormwater, golf courses, and similar operations, designed primarily to prevent soil erosion and water pollution, and to protect certain wildlife habitat values in riparian and wetland areas.

Bicycle Lane. A bicycle lane is a lane dedicated for the use of bicycles. A bicycle lane shall be a minimum of four (4) feet wide and shall be measured from the edge of a vehicular traffic lane to the beginning of the shoulder or gutter line. The shoulder or gutter shall not be used in calculating the four-foot dimension. Bicycle lanes shall be striped and marked according to AASHTO Standards.

Billboard. An off-site sign located along US1.

Biodiversity (Biological diversity). The variety, distribution and abundance of living organisms in an ecosystem. Maintaining biodiversity is believed to promote stability, sustainability and resilience of ecosystems.

Biotechnical Erosion Control. A primarily nonstructural method of shoreline stabilization which uses native vegetation to stabilize the shoreline substrate.

Block. An area composed of private/public lots and alleys surrounded by public streets.

Block Face. Any segment of a block fronting a public street.

Boat Launching or Ramp Facility. A facility designed or used for moving vessels from the land into the water, typically through a graded ramp or a davit.

Buffer/Bufferyard. An area of planted or natural vegetation or open space maintained for various purposes, including reduction of erosion and siltation along surface waters and wetlands, screening of uses or structures from the street, provision of wildlife travel corridors and habitat, and for separation of adjacent land uses or properties from one another.

Buildable Lot. A duly recorded lot that complies with each and every requirement of the City's zoning and subdivision codes immediately prior to the effective date of this chapter.

Building. Any structure constructed or used for residence, business, industry, or other public or private purposes or accessory thereto and including tents, lunch wagons, dining cars, trailers, mobile homes, sheds, garages, carports, animal kennels, storerooms, gasoline pumps, and similar structures, whether stationary or movable.

Building, Accessory. A subordinate building, the use of which is incidental to that of the principal building on the same lot. Accessory screened enclosure structures, whether or not attached to the principal building, shall be considered an accessory building if the roof and all sides of the enclosure not attached to the principal building are made of the screening material. In such cases the accessory building setback for the respective zoning district shall apply.

Building, Principal. A building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot which the same is situated. Any attached carport, shed, garage, or any other structure with one (1) or more walls or a part of one (1) wall being a part of the principal building and structurally dependent, totally or in part, on the principal building, shall comprise a part of the principal building and be subject to all regulations applicable to the principal building. A detached and structurally independent garage, carport, or other structure shall conform to the requirements of an accessory building. A detached and structurally independent garage, carport, or other structure conforming as an accessory building may be attached to the principal building by an open breezeway not to exceed six (6) feet in width. A connecting breezeway in excess of six (6) feet in width and/or enclosed on one (1) or both sides, including louvers, lattice, or screening, shall cause the entire structure to be construed as the principal building and shall be subject to the regulations applicable to the principal building.

Building Area. That area within and bounded by the building lines established by required yards and setbacks, or that area illustrated on an approved plat.

Building Coverage. The gross area of a lot or parcel of land occupied by the ground floor of a building (principal and accessory) which is under roof. As a percentage, the relationship between ground floor area of the building under roof and the total area of the site.

Building Height. See Height, Structure.

Building Marker. Any sign indicating the name of a building and date and Instructional information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

Building Permit. A final approval to build or install a structure.

Building Right. A dwelling unit, transient unit or commercial floor area that was in lawful existence, in accordance with the Comprehensive Plan, as of May 2, 2007.

Building Wall. An exterior load-bearing or nonload-bearing vertical building component that is used as an enclosing wall for a building, other than a party wall or fire wall, including a parapet wall (as defined by the Florida Building Code), extending to a height necessary for screening of rooftop mechanical equipment.

Bulb-out. Curb extensions that reduce roadway width curb to curb and provide for a shorter crossing distance for pedestrians.

Bus Shelter. A structure used as a shelter for the convenience of passengers of a transportation system.

Business Services. Any commercial activity primarily conducted in an office, not involving the sale of goods or commodities available in the office, and not dispensing personal services, but including such businesses as insurance agencies, stockbrokers, counselors, consultants, accountants, collection agencies, title and abstract companies, income tax services, travel agencies, advertising agencies, and any similar office-type use.

Cactus Hammock means a low hammock with understories and/or ground covers with an abundance of cacti of the genera Optunia and Cereus. Common species in cactus hammocks include Barbed Wire Cactus (Cereus pentagonus), Prickly Pear Cactus (Optunia stricta var. dillenii). Rare species include Tree Cactus (Cereus robinii) and Prickly Apple Cactus (Cereus gracilis).

Campground Space. A space, whether improved or unimproved, used for tent camping, including pop-ups, by a single housekeeping unit for tenancies of less than six (6) months.

Capital Improvements. The planning of, engineering for, acquisition of land or equipment, and the construction of improvements, including, but not limited to; road, park, solid waste, library, public buildings and emergency services, and police facilities, but does not include routine maintenance. Additionally, improvements related to fire protection service, and expressly includes amounts appropriated in connection with the planning, design, engineering and construction of such improvements; planning, legal, appraisal and other costs related to the acquisition of land, financing and development costs; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; and all other costs necessarily incident to provision of the capital improvement. Capital improvements eligible for impact fee funding, in whole or in part, shall be set forth in greater detail in the resolutions adopting the specific impact fee schedules.

Capital Improvements Element. The capital improvements element in the Plan or its most recent amendment.

Capital Improvements Program. The list of capital projects updated annually and adopted in the capital improvement element by the City of Marathon Council that is used to identify capital improvements that will contribute to the maintenance of level of service standards adopted in the capital improvements element for each public facility.

Cellular. A mobile telephone service operating in the 800 MHZ spectrum.

Certificate of Level of Service Compliance (CLSC). A statement from the City that the public facilities required to serve the proposed development is or will be available with adequate capacity based on adopted level of service standards when the impacts of the development occur.

Certificate of Level of Service Compliance Extension. An extension of the expiration date of a CLSC, issued by the City.

Changeable Copy. The portion of a sign designed so that letters or numbers attached to the sign can be periodically changed to indicate a different message. Changeable copy includes letters or numbers that are changed manually as well as electronically.

Chemical Processing. All processes and associated processes required in the manufacture, storage and transportation of chemicals derived from the mineral extraction.

Child Care Center. Any establishment that provides daytime child care for more than five (5) children unrelated to the operator and which receives a payment, fee, grant, or compensation in any form for any of the children receiving care, wherever operated and whether or not operated for profit, except that the following are not included: family child care homes, large family child care homes, public schools and nonpublic schools and their integral programs, summer camps having children in full-time residence, summer day camps, and Bible schools normally conducted during vacation periods.

Church. See: Place of Worship.

City. City of Marathon, a charter City and political subdivision of the State of Florida.

City Council. The City Council of City of Marathon, Florida.

City Engineer. The City of Marathon Engineer or his designee.

City Facility. Any public street, sidewalk, place or building owned or controlled by or under the jurisdiction of the City, located throughout City of Marathon, and includes, but is not limited to; City parks and recreation facilities.

City-owned Tower. A Tower, appurtenances, Equipment Enclosures, and all associated Ancillary Structures used by the City for the purposes of transmission and reception of wireless communication signals associated with, but not limited to; public education, parks and recreation, fire and police protection, public works, and general governmental uses.

Civic Organization. A private, nonprofit entity existing to serve one (1) or more community functions, including educational, cultural, social, service, and religious activities.

Civic Use. A facility serving a community function, including educational, cultural, social, service, and religious activities; police stations, libraries, day cares, fire stations, meeting halls, recreational facilities, governmental buildings, museums, schools, performing arts centers, religious buildings, etc.

Clean Debris. Any solid waste which is virtually inert and which is not a pollution threat to groundwater or surface waters and is not a fire hazard and which is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term includes uncontaminated concrete, including embedded pipe or steel, brick, glass, ceramics, and other wastes designated by the FDEP.

Closed System. An enclosed stormwater conveyance system associated with roadways constructed with curb and gutter.

Clustering. The grouping together of structures and infrastructure on a portion of a development site.

Coastal High Hazard Area. An area of the special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast or any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30 or VE.

Cocktail Lounge, Bar, Tavern, or Nightclub. A commercial establishment dispensing alcoholic beverages for consumption on the premises.

Collocation means a situation in which two (2) or more different Wireless Communications Service Providers place Antenna or Antennas on a common Tower.

Colonnade. A roof or building structure, extending over the sidewalk, open to the street and sidewalk except for supporting columns or piers.

Commencement of Construction. Issuance of a construction or building permit by City of Marathon and commencement of infrastructure or building construction activities.

Commercial. Any structure or activity that generates revenue by any means or serves as an accessory activity or facility to any revenue-generating operation, such as docking for restaurants, hotels, motels, commercial fishing, shipping and boat or ship construction, repair an sales; and any structure or activity nonrevenue generating associated with entities such as governments, nonprofit organizations, and agencies. However, the following shall not be construed to be revenue-generating: the sole act of mooring a commercial vessel at the vessel owner's private residential single-family dock, incidental aquaculture activities on a private residential dock or pier; rental of a private single-family residence with a dock or pier; or construction by a developer of a private residential single-family or multi-family dock or pier.

Commercial Floor Area means the two-dimensional measurement of all climate-controlled areas, including common, private areas; and nonclimate-controlled covered and uncovered areas for commercial uses, unless otherwise excluded.

Floor area excludes the following:

1. Where the floor areas are uncovered and do not generate activities that will intensify the development except for open areas that are used for commercial purposes such as eating areas, gas station islands, or drive-ins.
2. Where the floor areas are required by the LDR, i.e., covered pedestrian walkway or civic areas.
3. Where the floor areas have a limited height clearance (six (6) feet or less).
4. Covered or uncovered area used for vehicular circulation and car parking. This includes the area for car park ticketing machine placed at the gantry of car park.
5. Covered main entrance canopy or main entrance.
6. Loading docks.
7. Elevators or their shafts.
8. Stairways or their landings.
9. Areas reserved for mechanical and electrical building-related machinery.

Commercial floor area allocation. It is the annual issuance of allocations for commercial construction as further described in Section 107.02.

Commercial message. Any sign, wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

Commercial Mobile Radio Services (CMRS). Per Section 704 of the Telecommunications Act of 1996, any of several technologies using radio signals at various frequencies to send and receive voice, data and video. According to the FCC, these services are "functionally equivalent services." Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services.

Commercial Retail Use. A use that sells goods or services at retail which are subdivided into the following three (3) intensity classifications:

1. Low-intensity. Retail uses that generate less than 50 average daily trips per 1000 square feet.
2. Medium-intensity. Retail uses that generate between 50 and 100 average daily trips per 1,000 square feet.
3. High-intensity. Retail uses that generate above 100 average daily trips per 1,000 square feet.

Common Open Space. See: Open space, common.

Common ownership or control. The same or overlapping ownership or control, in that one (1) or more person in a position of ownership or control is overlapping (i.e. owners, shareholders, directors, partners, principals, and other individuals that make up the corporations, partnerships, limited liability companies, professional associations, joint ventures, and other legal entities that own, that hold options to purchase, or that develop property).

Community green space. Pervious open spaces designed as active or passive recreation areas intended primarily for recreational or pedestrian use, such as community fields, greens, and pervious areas of plazas or squares.

Community residential group home. A dwelling unit licensed to serve clients of the Department of Children and Family Services, which provides a living environment for six (6) or fewer 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.

Community services. Governmental or private uses that provide a function for the community, including nonprofit or voluntary organizations and clubs engaged in civic, charitable, and related activities.

Community workforce unit (CWU). An attached or detached dwelling unit intended to serve the housing needs of persons who are gainfully employed in Monroe City. All community workforce dwelling units must comply with the requirements as provided in Chapter 4, "Specific Use Regulations".

Compatibility or Compatible means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. Compatibility of land uses is dependent on numerous development characteristics which may impact adjacent or surrounding uses. These include; type of use, density, intensity, height, general appearance and aesthetics, odors, noise, smoke, vibration, traffic generation and nuisances. Compatibility shall be measured based on the following characteristics of the proposed use or development in relationship to surrounding development in the immediate area:

1. Permitted uses, structures and activities allowed within the land use category:
2. Location, dimensions, height, and floor area ratio of the structure or Facility;
3. Location and extent of parking, access drives and service areas, where applicable;
4. Traffic generation, hours of operation, noise levels and outdoor lighting;
5. Alteration of light and air; and
6. Setbacks and buffers-fences, walls landscaping and open space treatment.

Comprehensive Plan. The City of Marathon Comprehensive Plan, adopted in 2005, as amended.

Concept meeting. A preliminary meeting with the Director for the purpose of discussing the condition and development or redevelopment of a proposed site(s).

Concurrency. That the public facilities necessary to maintain the level of service standards adopted in the Plan will be available when the impacts of development occur on the public facilities affected by the development.

Concurrency management system. The procedures and/or process that City of Marathon will utilize to assure that development orders and permits are not issued unless facilities will be available concurrent with the impacts of development.

Conditional Redevelopment Units means the current number of existing units on the hotel or motel site minus the units developed utilizing the formula set forth in Article 1, Chapter 104 "Hotels - Redevelopment Units" inure to the parcel subject to redevelopment.

Conical Zone means an area which extends outward from the outer edge of the Horizontal Zone with a radius distance equivalent to 5,280 feet.

Connections. Driveways, streets, turnouts, accessways or other means of providing for the movement of vehicles, pedestrians or bicycles to or from the public street system.

Connectivity. An interlinked system of transportation paths providing multiple routes, based on principles of efficient land use and transportation infrastructure.

Conservation areas. Natural resources that, because of their ecological value, uniqueness and particular sensitivity to development ac-tivities, require stringent protective measures to sustain their ecological integrity, including wetlands, surface waters, listed species habitat, and strategic ecosystems.

Conservation management area. An area that contains the entire regulated natural or historic resources, as well as additional areas under a grant of conservation easement, such as buffers, setbacks and linkages that preserve natural system functions.

Constant Pressure/Flow Control. A device that maintains a constant flow, or pressure, or both.

Construction and Demolition Debris. As set out in Fla. Stat. § 403.703(6), "Construction and demolition debris" means discarded materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. The term also includes:

1. Clean cardboard, paper, plastic, wood, and metal scraps from a construction project;
2. Except as provided in [Subsection] 403.707(9)(j), yard trash and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects;
3. Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities; and
4. De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry.

Construction and Demolition Debris Transfer Facility. A Construction and Demolition Debris Transfer Facility ("C&D Facility") is one generally permitted pursuant to Fla. Stat. §§ 403.061, 403.087, and 403.707, as well as Florida Administrative Code (F.A.C.) Rules 62-4, 62-160, 62-302, 62-522, and 62-701. For the purposes of the City's LDRs such approvals shall allow the construction and operation of a Solid Waste Process Facility (Transfer Station with Construction and Demolition Debris Recycling). The facility shall be permitted to receive only residential and commercial C&D debris, yard trash, and recyclable materials (wood, cardboard, metals, etc.) for transferring recyclable materials to appropriate recyclers and transferring non-recyclables to a state-approved disposal facility. The facility shall not accept any material as part of curbside solid waste (garbage) collection. No hazardous, putrescible or biomedical waste shall be accepted at the facility.

All unauthorized non-hazardous waste that can be identified on the haulers' vehicles prior to tipping shall not be unloaded at the site. Any unauthorized non-hazardous waste that is identified after tipping shall be reloaded on haulers' vehicles or shall be removed from the waste stream and placed into appropriate containers or secure areas for recycling or disposal at a facility authorized by the Department to receive such waste. If any hazardous waste is identified, before or after unloading, the operator shall notify the State Department of Environmental Protection ("the Department") before redirecting/rejecting/reloading the waste, and follow the instructions from the Department and shall be managed in accordance with the provisions of F.A.C. Rule 62-730. The operator, whenever possible, shall record the name of the person responsible for shipping the waste to the facility, the generator of the waste and particulars of transport vehicle. The area where the waste is unloaded shall immediately be cordoned off from public access. If the generator or hauler cannot be identified, the facility operator is responsible for cleanup, transportation and disposal of the waste at a permitted hazardous waste management facility.

Contiguous. A sharing of a common border at more than a single point of intersection. Contiguity is not interrupted by utility easements.

Continuing in good faith. The final development order for a project has not expired, and no period of one (1) year passes without the occurrence, on the land, of development activity which significantly moves the proposed development toward completion of construction. However, a one-year lapse in development activity due to factors beyond the developer's control shall not constitute a failure to continue in good faith.

Continuous access means a natural passage or an existing man-made channel no shallower than four (4) feet at MLW and no narrower than 20 feet.

Controlling date. It is the date and time a BPAS application is submitted. This date shall be used to determine precedence when BPAS applications receive identical ranking scores. A new controlling date shall be established based upon the resubmittal date and time of any withdrawn or revised application.

Convenience store. An establishment engaged in the retail sale of a variety of merchandise and food, such as canned and dry goods, beverages, dairy products, and bakery products not produced on the premises and which does not exceed 8,000 square feet unless approved by Council.

Corner clearance. At an intersecting street or highway, the dimension measured along the edge of the traveled way between the return radius point and the nearest point of the driveway.

Courtyard. A common open space surrounded wholly or partly by walls or buildings where people may congregate.

Critical-duration. The duration of a specific storm event (i.e., 100-year storm), which creates the largest volume or highest rate of net stormwater runoff (post-development runoff less predevelopment runoff) for typical durations up through and including the ten-day duration event (one-hour, two-hour, four-hour, eight-hour, 24-hour, three-day, seven-day and ten-day events). The critical duration is determined by comparing various durations of the specified storm and calculating the peak rate and volume of runoff for each. The duration resulting in the highest peak rate or largest total volume is the "critical-duration" storm.

Cul-de-sac. A street terminated at the end by a vehicular turnaround.

Cumulatively illuminated means illuminated by numerous artificial light sources.

Day Care Center. A day care center is defined as a building in which one (1) or more children under 17 years of age are received for full- or part-time care or training, and for whom board may or may not be provided, and that for such care or custody, remuneration shall be paid by the parents or legal guardians of the children, and shall include the terms "kindergartens," "nursery schools" and "schools for child care." A day care center shall be subject to the provisions of these regulations regulating private schools.

Declaration of Land Restriction (Nonconversion Agreement). A form provided by the Floodplain Administrator to be signed by the owner and recorded on the property deed in Official Records of the Clerk of Courts, for the owner to agree not to convert or modify in any manner that is inconsistent with the terms of the building permit and these regulations, enclosures below elevated buildings.

De Minimis Impact. An impact of not more than ten (10) average daily trips on the affected transportation facility. A de minimis impact shall not exceed a cumulative impact of ten (10) average daily trips for an existing parcel of record, contiguous commonly held parcels or per development proposal. Further, no impact shall be de minimis if it exceeds the adopted level of service of a designated hurricane evacuation route.

Density or Allocated Density. The number of dwelling units or rooms allocated per gross acre of land by the Plan.

Density, Maximum Net. The maximum density permitted to be developed per unit of land on the net buildable area of a site, as measured in dwelling units or rooms per acre.

Department. The Planning Department.

Design flood. The flood associated with the greater of the following two (2) areas: [Also defined in FBC, B, Section 202.]

1. Area with a floodplain subject to a one-percent or greater chance of flooding in any year; or
2. Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two (2) feet. [Also defined in FBC, B, Section 202.]

Detention. The collection and temporary storage of stormwater in such a manner as to provide for treatment through physical, chemical or biological processes with subsequent gradual release of stormwater.

Developed Area. That portion of a plot or parcel upon which a building, structure, pavement, gravel, landscaping or other improvements have been placed.

Developed Landscape Area. That portion of the property where pre-development vegetation is to be removed.

Developed Recreation. Facilities designed to provide for active recreation as their primary use, including swimming pools, playing fields, paved courts and skating areas, etc.

Developer. The owner of land to be subdivided or the owner's representative who is responsible for any undertaking that requires review and/or approval.

Developer's Agreement. An enforceable agreement entered into between the City of Marathon and a developer to provide for exactions or implementation of mitigation strategies or other provisions necessary to address impacts caused by development.

Developer's Engineer. A professional engineer, registered in Florida, who is in good standing with the Department of Business and Professional Regulation, Division of Professions, Council of Professional Engineers, engaged by the Developer to prepare engineering plans for the development and to review the construction of capital improvements.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to; buildings or other structures, tanks, temporary structures, mining, dredging, filling, grading, paving, excavating, drilling operations, temporary or permanent storage of materials or equipment or any other land disturbing activities.

Development Activity. Any dredging, filling, excavation, construction of new structures, expansion of existing structures, installation of utilities, roads, personal wireless service facilities, stormwater management systems, waste treatment systems, bulkheading, land clearing, tree cutting, mechanized vegetation removal and the disposal of solid or liquid waste.

Development Agreement. An enforceable agreement between City of Marathon and a developer which meets the requirements of Fla. Stat. §§ 163.3220, 163.3243, and 163.3177(10)(h).

Development Area. The area occupied by a Wireless Communications Facility or an Attached Wireless Communications Facility, which may include the Tower area, Ancillary Structures, Equipment Enclosures, and access ways, fencing, landscape buffer yards or the Fall Zone are not considered Development Area for the purposes of this use.

Development Order. Any order granting, denying, or granting with conditions, an application for a development permit.

Development Permit. Any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action having the effect of permitting the development of land.

Development Right. The right to use real property for uses or purposes permitted by the comprehensive plan.

Developments of Regional Impact. Any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one (1) City and which is required to undergo Development of Regional Impact review in accordance with the standards and guidelines adopted by the state land planning agency pursuant to Fla. Stat. § 380.06(2).

Diameter Breast Height (DBH). Shall mean a tree diameter as measured from the base of the tree, taken at approximately four (4) feet above the surrounding grade.

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

Director. The Planning Director, except where the context clearly indicates the Director of another City of Marathon Department.

Discharge, Direct. The release of stormwater through a control structure to the receiving water body.

Discharge Structure. A device through or over which water is released from a stormwater management structure.

Distance between Driveways. The distance measured along the right-of-way line between the tangent projection of the inside edges of adjacent driveways to the same frontage.

District - Impact Fee. A defined geographic area or sub-area of the City within which impact fees are collected, appropriated, and expended for capital improvements serving new development within such area or sub-area.

Disturbed Land. Land that manifests signs of environmental disturbance which has had an observable effect on the structure and function of the natural community which existed on the site prior to the disturbance.

Disturbed Wetland. Wetlands where the topography, hydrology, soil or natural vegetation has been permanently impacted to such a degree that succession to the original wetland community is not likely.

Dock or Docking facility. A fixed or floating structure built and used for the landing, berthing, and/or mooring of vessels or water craft either temporarily or indefinitely. Docking facilities include, but are not limited to; wharves, piers, quays, slips, basins, ramps, posts, cleats, davits, piles or any other structure or attachment thereto.

Documented. The existence of a scientifically credible occurrence record, including surveys, scientific publications, or other information from a developer or landowner, local, regional, state or federal agencies, or other credible source.

Dormitory. A structure used for sleeping accommodations related to a transient facility.

Domestic animals. Animals that are customarily kept for personal enjoyment, including domestic dogs, cats, ferrets, and other animals recognized as domestic by the Monroe County Health Department.

Drainage. Removal of water from an area to lower the water level of that area.

Drainage structure. Culverts, storm drains, and stormwater retention or detention ponds with side slopes that must be stabilized by artificial means.

Dredging. Excavation below water level or in wetlands.

Dwelling, Apartment. A multi-family building in which units share common entries or accesses to individual units.

Dwelling, Attached means a dwelling unit that is located on a separate lot and shares a wall on one or both sides with a neighboring dwelling unit. Townhomes and duplexes are attached dwelling units.

Dwelling, Detached. A residential dwelling unit that is developed with open yards on all sides of the dwelling unit, but not including mobile homes or recreational vehicles. A stand-alone house (also called a Dwelling Unit or Single-family Residence, detached residence or detached house) is a free-standing residential building. Sometimes referred to as a single-family home, as opposed to a duplex or multi-family residential dwelling.

Dwelling, Duplex. Two-family dwelling units with the units either side-by side or in any over-under configuration. In the side-by side configuration, the units share a common wall, while in the over-under configuration, they are stacked.

Dwelling, Townhouse. An attached dwelling with only one (1) dwelling unit from ground to roof attached to its neighbors on no more than two (2) sides.

Dwelling Unit (Single-family residence). A single unit providing complete and independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, cooking and sanitation. The term is applicable to both permanent or rental residential development and living.

Dwelling units with seven (7) or more bedrooms are subject to Conditional Use Permit review and approval (see Chapter 104, Article 13). Dwelling units with seven (7) or more bedrooms shall not be set up in the fashion of a hotel or motel, so defined herein, to provide common area facilities for reservations, cleaning services, site management, and reception.

For the purposes of calculation within the Building Permit Allocation System (BPAS), any Dwelling Unit or Single-family Residence which supports more than one complete kitchen shall be considered a Duplex (at least), must meet the minimum residential density requirements, and shall be required to obtain one (1) additional Residential allocation for each additional kitchen.

Easement. Any strip or piece of land created by a subdivider for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation.

Eaves. The extension or overhang of a roof measured from the outer face of the supporting wall or column to the farthest point of the overhanging structure.

Ecological Integrity. The condition of an ecosystem having the biotic communities and physical environment with structure, composition, and natural processes which are resilient, self-sustaining, and able to accommodate stress and change. Its key ecosystem processes, such as nutrient cycles, succession, water levels and flow patterns, and the dynamics of sediment erosion and deposition, are functioning properly within the natural range of variability.

Ecological Value. The value of functions performed by uplands, wetlands, and other surface water to the abundance, diversity, and habitats of fish, wildlife, and listed species. These functions include, but are not limited to, providing cover and refuge; breeding, nesting, denning, and nursery areas; corridors for wildlife movement; food chain support; and natural water storage, natural flow attenuation, and water quality improvement, which enhances fish, wildlife, and listed species utilization.

Ecosystem. A community of all plants and animals and their physical environment, functioning together as an interdependent unit.

Ecosystem Management. The conservation, restoration or enhancement of, and planning for the maintenance of, parts or whole natural systems inter-related or associated with particular resources. Ecosystem management is an approach to natural resources that integrates ecological, economic, and social principles to manage biological and physical systems in a manner that safeguards the ecological sustainability, natural diversity, and productivity of the landscape. Examples of ecosystem management practices include. leaving buffer zones to protect water quality, and using tree removal techniques that enhance forest productivity and provide critical wildlife habitat.

Edge Clearance. The distance measured along the edge of the traveled way between the frontage boundary line of adjacent properties and the nearest point of the connection, flare or radius.

Educational Facility, Private. A private elementary or secondary school serving students in grades Kindergarten through 12th with an academic course of study approved by the Florida Department of Education.

Educational Facility, Public. A public elementary or secondary school serving students in grades Kindergarten through 12th with an academic course of study approved by the Florida Department of Education.

Element. Any exemplary or rare component of the natural environment, such as a species, natural community, bird rookery, wetland or other ecological feature.

Element Occurrence. A single extant habitat that sustains or otherwise contributes to the survival of a population or a distinct, self-sustaining example of a particular element.

Emitter. Devices used in microirrigation systems.

Employee Housing. Living quarters, including dormitories, studio apartments or one (1) or two (2) bedroom dwelling units maintained in one (1) or more buildings or one (1) or more sites, set aside and provided for employees by the employer, whether or not rent is involved.

Encroachment. The part of a structure that intrudes into a setback.

Engineer. A person registered and currently licensed to practice professional engineering in the State of Florida and other persons pursuant to the provisions of Fla. Stat. ch. 471 who is competent in the field of hydrology and stormwater management.

Enhanced Specialized Mobile Radio (ESMR). Private land mobile radio with telephone and data services.

Entertainment and Recreation. Recreation and entertainment uses, which include amusement arcades, pool halls, bowling lanes, skating rinks, miniature golf, carnival-type concessions and rides, and boating and fishing facilities. Coin-operated amusement machines (excluding motion picture viewers or video arcades) of five (5) or fewer machines shall be allowed as an accessory use to a restaurant in those zoning districts where restaurants are permitted and shall not be considered commercial recreation and entertainment, provided that the machines are authorized by the Florida Department of Revenue and an amusement machine certificate is posted in a conspicuous place at the machine location.

Environmental Quality. The character or degree of excellence or degradation in the total essential natural resources of the area as measured by the findings and standards of the physical, natural, and social sciences, the arts and technology, and the quantitative guidelines of federal, state and City governments.

Equipment Cabinet/Shelter. An unoccupied, enclosed structure at the base of the mount within which is housed the equipment for the WSF such as batteries and electrical equipment.

Equipment Enclosure. Any structure including. cabinets, shelter (prefabricated or otherwise), pedestals, and other similar structures used exclusively to contain equipment: necessary for the transmission or reception of wireless communication signals not for the storage of other equipment nor as habitable space.

Erosion. The washing away or scrouring of soil by water or wind action.

Exactions. A requirement of a developer to dedicate land or construct or pay for all or a portion of the costs of capital improvements needed for public facilities as a condition of development approval. For purposes of this chapter, this does not include improvements on the site of the development or to provide safe access to and from the development to meet the needs of the occupants or users of the development, except for those improvements provided for a public purpose. These improvements may include affordable housing, transit enhancements, public sidewalks or public parks. The Director shall have the authority to make the final determination of the public purpose associated with any exaction.

Excess Allocations. Allocations which are available for issuance from a particular allocation pool and period, but which have not been issued by reason of lack of demand.

Existing Building and Existing Structure. Buildings and structures for which the "start of construction" commenced on or after October 16, 2000.

Existing Construction. For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

Existing Deficiency. A deficiency in a public facility caused when the existing and reserved demand (from approved development through the issuance of a CLSC) exceeds the capacity of said facility at the adopted LOS standards.

Existing Tower. A Tower for which a permit has been issued prior to the effective date of this Ordinance or which lawfully existed because no permit was required at the time the Tower was constructed.

Exotic Species. Those plant or animal species that are not considered native to South Florida and have arrived here through human intervention.

Facade. The exterior wall of a building, parallel at the frontage line.

Fall Zone. The defined area in which a tower is designed to fall in the event of a structural collapse.

Family. One (1) or more persons occupying a living unit as a single, nonprofit housekeeping unit.

Family Child Care Home. A residence licensed by the local licensing agency in which child care is regularly provided for children from at least two (2) unrelated families, but excluding day care centers.

Federal Communications Commission (FCC). An independent federal agency charged with licensing and regulating wireless communications at the national level.

Fence. A barrier made of rocks, logs, posts, boards, wire, stakes, rails, masonry component or similar material or combination of materials.

Fill. Raising the surface level of the land with suitable soil or other material as specifically permitted for the site.

Filter. A device in irrigation a distribution system that separates sediment or other foreign matter.

Fixture means the assembly that houses the lamp or lamps and can include all or some of the following parts: A housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.

Fixture, Cutoff. Intensity at 80 degrees from nadir does not exceed 100 candela per 1000 lamp lumens, nor at 90 degrees from nadir does intensity exceed 25 candela per 1000 lamp lumens.

Fixture, Full Cutoff. A luminaire light distribution where no candlepower occurs at or above an angle of 90 degrees from nadir. Additionally, the candela per 1000 lamp lumens does not numerically exceed 100 at a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire.

Fixture, Fully Shielded. Constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal.

Fixture, Partially Shielded. Shielded in such a manner that more than zero but less than ten (10%) percent of the light emitted directly from the lamp or indirectly from any part of the fixture is projected above the horizontal.

Fixture, Semicutoff. Intensity at 80 degrees from nadir does not exceed 200 candela per 1000 lamp lumens, nor at 90 degrees from nadir does intensity exceed 50 candela per 1000 lamp lumens.

Flag. Any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision or other entity.

Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from. (1) The overflow of inland or tidal waters; (2) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 202.]

Flood hazard area. The greater of the following two (2) areas. [Also defined in FBC, B, Section 202.]

1. The area within a floodplain subject to a one-percent or greater chance of flooding in any year.
2. The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 202.]

Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 202.]

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

Floodplain. Any land area susceptible to being inundated by water from any source.

Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this appendix (may be referred to as the Floodplain Manager).

Floor. The top surface of an enclosed area in a building (including basements) i.e., the top of the slab in concrete slab construction or the top of the wood flooring in wood frame construction. The term does not include the floor of an area used exclusively for parking of vehicles (i.e., garage), limited to storage, or building access (i.e., stairs, elevator shafts, maintenance crawl space).

Floor Area. The sum of the gross horizontal areas of each story of the principal building, measured from the exterior walls or from the center line of party walls, including the floor area of accessory uses and of accessory building and structures.

Floor Area Ratio (FAR). A nonresidential land-use intensity measure analogous to density. It compares the floor area of a building with the total area of the site. Floor area is the sum of all floor areas of a building or structure, not just the ground floor area.

Florida Building Code. The family of codes adopted by the Florida Building Commission, including. Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

Florida Friendly. Practices, materials, or actions that help to preserve Florida's natural resources and protect the environment.

Florida Friendly Landscape. A landscape that incorporates the BMPs and philosophies promoted by programs such as Florida Yards and Neighborhoods/Environmental Landscape Management. See "Xeriscape" for statutory definition.

Front Building Elevation Area. The area found by multiplying the length of the front wall of the principal building on a lot or parcel of record by the distance between the entry level and the eave line of this building.

Front Porch. A front porch is an open, roofed structure attached to the front of the unit.

Frontage. The distance or width of a parcel of land abutting a public right-of-way and as measured upon such right-of-way. Corner property at a highway intersection has a separate frontage along each highway.

Frontage Road. A street or road auxiliary to and normally located alongside and parallel to a highway for purposes of maintaining local road continuity and for control of access.

Full cutoff fixture means a luminaire that does not emit any light, either directly or by reflection or diffusion, above a horizontal plane running through the lowest part of the luminaire's feature containing the lamp or lamps that produces the actual light, including any attached reflectors or diffusers.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities.

Functionally Equivalent Services. Cellular, PCS, Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging. Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services.

Garage, Community. A structure or series of structures under one (1) roof and under one (1) ownership, for the storage of vehicles by three (3) or more owners or occupants of property in the vicinity where said structure has no public shop or mechanical services in connection therewith.

Garage, Private. A building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

Geodetic Marker. Any second order Class I geodetic control corner monument or third order Class I traverse point that is established and accepted by the National Geodetic Survey and/or Florida Department of Environmental Protection. Information on geodetic markers may be obtained from the Property Appraiser's office and/or the City Engineer's office.

Geographic Search Area. The geographic area designated by an applicant for a Wireless Communications Facility and certified by a Radio Frequency Engineer that indicates an area inside or outside of the boundaries of the City in which the applicant must place additional antennas in order to maintain existing or provide new Wireless Communications Services to its customers, but in no case covering less than a one-mile radius from a proposed site.

Glare means light emitting from a luminaire that interferes with visibility.

Glide Path. A ratio equation used for the purposes of limiting the overall height of vertical projections in the vicinity of private airports. The ratio limits each foot of height for a vertical projection base upon a horizontal distance measurement.

Good Cause. When used as a basis for relief from compliance with specifically referenced provisions the LDRs and means the existence of unanticipated circumstances which could not be reasonably foreseen by the property owner and which prevents compliance with the referenced standards. Good cause does not include adverse market conditions, delays in securing financing, or self-imposed hardships resulting from the actions, or inaction, of the developer.

1. For the purpose of relief from the minimum residency requirements of the BPAS, the existence of "good cause" and the availability of relief, shall be determined upon application to the City Manager or his/her designee. Criteria for approval shall be limited to relocation, outside of the City boundaries, due to the loss or transfer of employment; death in immediate family; or divorce of applicant.
2. For the purpose of Section 107.10 "Borrowing and Banking of Dwelling Unit Allocations" Council may grant, at a public hearing, good cause extensions for situations where the applicant has made substantial, but not complete, progress toward compliance with the standards of a banking allocation plan, where a limited amount of time is needed to reach full compliance and where all reasonable alternatives for achieving compliance within the appropriate time period have been exhausted.

Governmental Agency. Includes the United States, the State of Florida or any local government or any department, commission, agency or other instrumentality thereof, or any school board or other special district, authority or governmental entity.

Groundcover. Low growing plants, other than turfgrass, used to cover the soil and form a continuous, low mass of foliage, such as liriope, silver sea ox-eye or like materials.

Ground-level barrier means any vegetation, natural feature or artificial structure rising from the ground which prevents lighting from shining directly onto other properties.

Groundwater. Water occurring beneath the surface of the ground or in the zone of saturation, whether or not flowing through known or definite channels.

Ground Truthing. Verification on the ground of conditions on a site.

Group Home. A residential facility which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such a facility shall not exceed 14 residents (Fla. Stat. § 393.063(25)).

Guyed. A style of Tower consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of guy wires which are connected to anchors placed in the ground or on a building. These structures can be mounted to a foundation which rest on or in the ground or on a building's roof.

Habitable Space. Any floor area equipped for uses such as, but not limited to; office, workshop, kitchen, dining, living, laundry, bathroom, bedroom, den, family or recreational room, professional studio or commercial occupancy and all interior hallways, corridors, stairways and foyers connecting these areas. Garages, exterior stairs and open decks and patios are not considered habitable space.

Habitat. The natural abode of a plant or animal that contains the arrangement of food, water, cover and space required to meet the biological needs of a given species. Different species have different requirements, and these requirements vary over the course of a year. The term "habitat" in the context of the LDRs and particularly Chapter 106, Articles 2, 3, and 4 should be considered in context with Table 106.16.1, "Open Space Requirements by Habitat Type." Synonymous terms for this purpose as utilized throughout the LDRs, include natural resources, natural areas, native vegetation, and regulated natural resources. Terms such as least environmentally sensitive portions of the parcel, open space, and open space ratio are utilized in context with Table 106,16.1 and regulated utilization of habitat types identified therein.

Habitat Corridors. A naturally-vegetated transportation route for plants and animals that connects larger natural areas. Wild plants and animals typically require avenues for dispersal to different feeding and breeding sites in order to survive.

Habitat Diversity. The variety of habitat features and types in a specific area. Habitat diversity takes many forms. the variety of plants and animals on a site; structural diversity or the vertical arrangement of vegetation from canopy to forest floor; horizontal diversity or the distribution of habitat types across the landscape; and temporal diversity or habitat changes over time. Generally, areas with substantial habitat diversity will support more wildlife species than areas with less habitat diversity.

Hard Bottom Community. The submerged biological assemblages of sessile marine invertebrates occurring on hard substrate often providing habitat for non-attached marine fauna.

Hardscape Features. Hardscape or hardscaping consists of the inanimate elements of landscaping that do not require irrigation. For example, stone walls, concrete or brick patios, tile paths, walkways, driveways, wooden decks and wooden arbors shall be considered part of the hardscape.

Hardship (as related to Chapter 107, Article 12). The exceptional difficulty associated with the land that would result from a failure to grant the requested variance. The community requires that the variance is 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 problems 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.

Hatchling means any species of marine turtle, within or outside of a nest, that has recently hatched from an egg.

Hazardous Material. The liquid, solid, and gaseous materials designated as "materials regulated," in the Hazardous Materials Code. This includes, but is not limited to:

1. Petroleum products. Above ground petroleum product storage tank systems are subject to the provisions of the City hazardous materials management Code.
2. Wastes listed or characterized as hazardous wastes by the Administrator of the United States Environmental Protection Agency pursuant to the Solid Waste Disposal Act, as amended. This list is provided in title 40 (Protection of the Environment) of the Code of Federal Regulations, part 261, Identification and Listing of Hazardous Waste.
3. Pesticides registered by the Administrator of the United States Environmental Protection Agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
4. Substances for which a material safety data sheet is required by the United States Department of Labor, Occupational Safety and Health Administration, pursuant to title 29 of the Code of Federal Regulations, part 1910.1200; however, only insofar as they pose a hazard to human health or the environment.
5. Any material not included above which may present similar or more severe risks to human health or the environment. Such determination must be based upon competent testing or other objective evidence provided by the department.

Hazardous Waste. Any solid waste as defined in 40 CFR, section 261.1, which is considered a hazardous waste pursuant to 40 CFR, section 261.3, and exhibits the characteristics identified in 40 CFR, part 261, subpart C, or is listed in 40 CFR, part 261, subpart D, or designated as provided in Section 353.03.

Heavy Machinery and Equipment. Machinery and equipment used for commercial, industrial and agricultural operations, including vehicles used for construction and demolition.

Hedge. Any landscaping that obstructs views, other than individual trees at least six (6) feet apart.

Height. Height is the measurement from the unimproved grade prior to the proposed development directly adjacent to the structure or the crown of the road, whichever is higher, to the highest point of the structure, excluding allowable projections.

Height AGL (above ground level). For Wireless Services Facilities, this is the distance measured from ground level to the highest point of a WSF, broadcast including the antenna array. For purposes of measuring height, all antennas, lightning rods, or other attachments mounted on a structure shall be included in the measurements to determine overall (i.e. combined) height.

Highest Adjacent Grade. The highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.

High Hammock. An upland hardwood forest community in which the following species of plants represent a component of the flora:

High Water use Plants. Plants that require irrigation to provide supplemental water on a regular basis in addition to natural rainfall, or are so identified by a regulatory agency having jurisdiction. When placed in a naturally high water table area appropriate to the plant such that irrigation is not required, such plants shall not be considered high water use for the purposes of this Ordinance.

Historic Preservation. The identification, evaluation, recordation, documentation, analysis, recovery, interpretation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, or reconstruction of historic resources or properties.

Historic Resource or Historic Property. Any historic district, site, building, object, or other real or personal property of historical, architectural or archaeological value. These properties or resources may include, but are not limited to. monuments, memorials, artifacts, or other objects or features with intrinsic historical or archaeological value, or any part thereof, relating to the history, government, and culture of the state and City of Marathon.

Historic Resources. A building structure, site, or object listed or eligible for listing individually or as a contributing resource in a district in the National Register of Historic Places, or the State Inventory of Historic Resources.

Historic Structure (as related to Chapter 107, Article 12). Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.

Home-Occupation. Business or commercial activity conducted on a residential property, which is accessory to the residential use of that property and is for gainful employment involving a vocation, trade, or profession carried on by the occupant.

Homeowners' or Property Owners' Association. A private, nonprofit corporation, association, or other legal entity established by the developer for the benefit and enjoyment of the residents of a cluster development for the use, maintenance, operation and protection of common open space areas within such developments. This term also shall include condominium associations.

Horizontal Zone. An area longitudinally centered on the perimeter of a private airport's runway which extends outward from the edge of the Primary Surface a distance equivalent to 5,280 feet.

Hospital. An institution providing services of a medical nature to human patients, allowing for extended overnight care of such patients, and including related facilities such as laboratories, outpatient departments, training facilities, staff offices, and food services.

Hotel or Motel. A building designed to provide overnight accommodations (not to exceed 30 days) to the general public for compensation, with or without meals, which has common facilities for reservations and cleaning services, combined utilities and on-site management and reception.

Household. A family whose relationship is of a permanent and distinctly domestic character, rather than resort or seasonal (occupancy of a dwelling for purposes of attending a college or university shall not be considered seasonal).

Human Intervention. The required presence and active involvement of people to enact floodproofing or retrofitting measures prior to flooding.

Hydroperiod. Period of time in which soils, waterbodies and sites are wet.

Hydrozone. A distinct grouping of plants with similar water needs and climatic requirements.

Imminent Deficiency. An approaching deficiency in a public facility caused when the existing demand and capacity reserved for approved development through the issuance of a CLSC reaches 95 percent of the capacity of said facility at the adopted LOS standards.

Impact Fee. A monetary exaction imposed on a pro rata basis in connection with and as a condition of development approval and calculated to defray all or a portion of the costs of capital improvements required to accommodate new impact-producing development and redevelopment and reasonably benefiting such development.

Impact-Producing. It refers to any development which has the effect of:

1. Increasing the need or demand for a capital improvement;
2. Utilizing existing capital improvement capacity; or
3. Causing an existing capital improvement level of service standards to decline.

Impervious Surface. Land surfaces which do not allow, or minimally allow, the penetration of water; included as examples are building roofs and normal concrete and asphalt pavements.

Inchoate Right. As it relates to the transfer of density or building rights, is an unused interest assigned to a particular parcel of real estate.

Incidental Food Sales. Sales, storage, preparation, and service of food that occurs as an accessory use to an established commercial or industrial use, which may or may not be directly associated with that use.

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

Indirect Waterfront Access. The deeded right of access to residents of dwelling units to make use of the land abutting the water, regardless of the unit's location on such properties.

Industrial Use. Industrial developments are characterized by the fabrication, manufacturing, transporting, warehousing or distribution of goods. Any activity involving the manufacturing or treatment of any commodity, including the assembly, packaging, canning, bottling, or processing of any item. To change any commodity in composition, form, size, shape, texture, or appearance is deemed to be an industrial process.

Infill. The development or redevelopment of land that has been bypassed, remained vacant, or underused in otherwise built up areas, which are serviced by existing infrastructure.

Infill Site. Any parcel or parcels of land that has existing nonresidential uses with more than 500 square feet of lawfully established nonresidential floor area.

Infiltration Rate. The rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

Infrastructure Capacity Report for City of Marathon. The report issued once each year assessing the impacts of the approved development upon the adopted level of service standards for those public facilities subject to concurrency management.

Inside Radius. The inside or smaller curve radius connecting the edge of the driveway to the traveled way when the driveway angle is less than 90 degrees.

Institutional Use. A use that serves the creational, religious, education, cultural or health needs of the community, including educational and scientific research facilities that serve the region and day care and preschool facilities.

Intensity. Intensity is the extent to which land is used for nonresidential purposes, including quantity or closeness of uses.

Invasive, Non-native Vegetation. Any plant not indigenous to Florida, which exhibits, or has the potential to exhibit, noncontrolled growth and invasion or alteration of the natural qualities and functions of any native habitat, specifically including those plant species identified in Table 106.12.2.

Irrigated Landscape Area. All outdoor areas that require a permanent irrigation system.

Irrigation System. Artificial watering systems designed to transport and distribute water to plants.

Irrigation Zone. A grouping of sprinkler heads or microirrigation emitters operated simultaneously by the control of one (1) valve.

Island - traffic. A physical barrier or separation to direct the flow of traffic and/or to separate highway traffic from the activity on the adjacent property.

Junk. Any litter, debris, waste materials of any kind, dead or decaying vegetation or vegetative refuse, dead animals, used or unserviceable automobile and machinery parts, used and nonfunctional furniture and appliances, and used and nonfunctional tools, equipment, and implements, but shall not include compost piles for normal, personal, noncommercial use.

Kennel. An establishment in which more than four (4) domesticated animals are groomed, bred, boarded, trained, or sold.

Kitchen, complete. For residential purposes typically and for the sake of calculating allocation requirements in BPAS, a complete kitchen shall be defined as a room for preparing and cooking meals to include a sink (or multiple sinks), a stove, a refrigerator, kitchen cabinets, and a kitchen work surface or surfaces. A kitchen may include a microwave, a dishwasher, and a garbage disposal. Outdoor, non-air-conditioned cooking facilities are excepted. Each complete kitchen (as a proxy for a residential unit) shall require one (1) BPAS allocation. Indoor wet bars are generally excepted unless, in design or at the discretion of the Planning Director and/or Building Official, the wet bar, as shown in construction plans, constitutes a complete kitchen as described herein.

Lamp means the component of a luminaire that produces the actual light.

Landscape. Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

Landscape Construction Documents. Landscape construction documents may include a planting plan, a landscape layout plan, an irrigation plan, a grading and drainage plan, detail and note sheets and written specifications. Plans shall be numbered and dated, contain a north directional arrow and a drawing scale, and be sealed by a landscape architect under Fla. Stat. ch. 481, part II or by other appropriate design professional as permitted by other Florida Statutes.

Landscape Design. Consultation for and preparation of planting plans drawn for compensation, including specifications and installation details for plant materials, soil amendments, mulches, edging, gravel, and other similar materials. Such plans may include only recommendations for the conceptual placement of tangible objects for landscape design projects. Construction documents, details, and specifications for placement of tangible objects and irrigation systems shall be designed or approved by licensed professionals as required by law.

Landscape Development. Trees, shrubs, ground cover, vines or grass installed in planting areas for the purpose of fulfilling the requirements of this Chapter.

Landscape Layout Plan. Plans and drawings showing the location of buildings, structures, pedestrian, transportation, or environmental systems, and the detail for placement of site amenities, accessibility components, plantings and other tangible objects. Plans must have the same minimum information as the Landscape Construction Documents and must also be sealed by the appropriately licensed professional under Florida Statutes.

Landscaping lighting means lighting used to emphasize or draw attention to a landscape feature.

Landscape Materials. Horticultural items such as plants, shrubs and trees, and accessory materials such as fertilizer, sod, pots and liners, mulch, wood chips, and irrigation systems.

Landscaped Area. The entire parcel; less the building footprint, parking, driveways, hardscapes such as decks and patios, and all other nonporous areas. Water features are included in the calculation of the landscaped area. This landscaped area includes Xeriscape as defined in Fla. Stat. ch. 373.185(1)(b), and elsewhere in this chapter.

Large-scale Map or Text amendment. An amendment to Future Land Use Map that does not meet the criteria of a small-scale map or text amendment pursuant to Fla. Stat. § 163.3187.

Lattice Tower. A type of WSF mount that consists of multiple legs and cross-bracing of structural steel.

Lawfully Established. A dwelling unit, transient unit or commercial floor area that meet the criteria of the Plan for recognition of a building right and approved by the Director.

Least Environmentally Sensitive Portions of the Parcel. A term of art utilized in context with Chapter 106, Article 2, Section 106.16 - "Clustering." Where regulated habitat or listed species habitat is identified, in order to proceed, the applicant must demonstrate that the proposed project will minimize disturbance of the connectivity of the habitat corridor and will be clustered on the least sensitive portion of the parcel according to habitat classification, pursuant to Table 106.16.1. An area containing Class III habitat is considered the least environmentally sensitive and an area containing Class I habitat is considered the most environmentally sensitive. The habitats within each Class category in Table 106.16.1 are listed in order of sensitivity from greatest sensitivity to least sensitivity.

Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

1. Letter of Map Amendment (LOMA). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
2. Letter of Map Revision (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
3. Letter of Map Revision Based on Fill (LOMR-F). A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.
4. Conditional Letter of Map Revision (CLOMR). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

Level of Service (LOS) Standard. The LOS standard adopted in the City of Marathon Comprehensive Plan that will be used to determine whether adequate capacity will be available for a particular public facility to accommodate the impacts of a proposed development on the facility.

Light Industry. Establishments engaged in light manufacturing, processing, storage, and office uses and limited warehousing, transportation and distribution.

Light trespass means light from an artificial light source that is intruding into an area where it does not belong, such as an adjoining or nearby property, or the beach.

Listed Species. Those species of plants and animals listed as endangered, threatened, rare, or species of special concern on the City of Marathon Habitat and Species Maps. Listed plant and animal species include those species identified in 50 CFR 17.11 and 17.12, Endangered and Threatened Wildlife and Plants, F.A.C. 5B-40.0055, Regulated Plant Index, F.A.C. 68A-27, Rules Relating to Endangered or Threatened Species, the City of Marathon Habitat and Species Maps and those identified as S1, S2, or S3 by the Florida Natural Areas Inventory (available at www.fnai.org). These species are targeted for protection for a number of reasons, e.g. they are in imminent danger of extinction, are rapidly declining in number or habitat, or have an inherent vulnerability to habitat modification, environmental alteration, or human disturbance which puts them at risk of extinction.

Littoral Zone. In reference to stormwater management systems, that portion which is designed to contain rooted aquatic plants.

Live-Aboard Vessel. Any vessel used solely as a residence or any vessel represented a place of business, a professional or other commercial enterprise, or a legal residence. Any vessel with a person or persons living aboard that is anchored, moored, or docked in the same location for 72 consecutive hours is presumed to be a live-aboard. A commercial fishing boat is expressly excluded from the term "live-aboard vessel".

Living Area. That area of a dwelling unit which is enclosed, protected from the elements, and is climate controlled, including interior halls, closets, utility and storage areas, but excluding garages, carports, screened porches and unenclosed areas.

Local Contact Person. A local property manager, owner or agent of the owner, residing within Monroe County, who is available to respond to tenant and neighborhood questions or concerns, or any agent of the owner authorized by the owner to take remedial action and respond to any violation of the ordinance.

Lot. A piece, parcel, tract, or plot of land occupied or to be occupied by one (1) principal building and its accessory buildings and including the required yards and shall include all lots of record included in such piece, parcel, tract, or plot of land, and all lots otherwise designated.

Lot, Corner. Any lot situated at the intersection of two (2) streets and abutting such streets on two (2) adjacent sides.

Lot Coverage. That percentage of the plot area covered or occupied by buildings or roofed portions of structures.

Lot, Interior. Any lot bounded on both sides by other lots.

Lot of Record.

1. A lot which had been assigned a parcel number by the City of Marathon Property Appraiser's Office prior to May 2, 2007, and which met the applicable subdivision regulations of City of Marathon at the time the lot was created.
2. A lot that was created by a deed or by a contract for deed executed prior to May 2, 2007, and which met the applicable subdivision regulations of City of Marathon at the time the lot was created.
3. A lot created by a separate legal description where a building permit has been issued.

Lot Line. The property line, abutting the right-of-way line, or any line defining the exact location and boundary of the lot or property.

Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, 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 the applicable nonelevation design requirements of the Florida Building Code or ASCE 24.

Low-flow Point Applicators. Irrigation applicators with output less than 60 gallons per hour (gph).

Low Hammock. An upland hardwood forest community in which the following spcies of plants represent a major component of the flora:

Low-Income. One (1) or more natural persons or a family that has a total annual adjusted gross income for the household that does not exceed 80 percent of the median adjusted annual gross income for households, adjusted for family size, within the City.

Low Water use Plants. Plants that do not need supplemental water beyond natural rainfall, or are so identified by a regulatory agency having jurisdiction.

Luminaire means a complete lighting system, including a lamp or lamps and a fixture.

Maintenance. Action taken to restore or preserve the function intent of any facility or system.

Management Plan. A plan which addresses conservation and management of native vegetation occurring within a specific area, as approved by the landowner or applicant on behalf of the landowner, the City of Marathon, the Florida Department of Environmental Protection, Florida Department of Natural Resources or other public entity with maintenance responsibility for the adjacent Conservation lands, and the U.S. Fish and Wildlife Service in cases where listed species are present or affected.

Managing Agency or Agent. A person, firm or agency representing the owner of the owner of the vacation rental, or a person, firm or agency owning the vacation rental.

Mangroves/Scrub Mangroves/Mangrove Community. A wetland plant association subject to tidal influence where the vegetation is dominated by one (1) or more of the following three (3) species of mangroves:

Man-made Water Body. A water body that was created by excavation by mechanical means under human control and shall include a canal, cut basin or channel where its edges or margins have subsequently been modified by natural forces.

Manufactured Building, DCA-approved. Any factory built structure, building assembly, or system of subassemblies that is manufactured or constructed under the authority of Fla. Stat. §§ 553.35—553.42, known as the Florida Manufactured Building Act of 1979. All such manufactured buildings must meet the requirements of, and bear the insignia of approval of, the State of Florida Department of Community Affairs for placement in a Coastal High Hazard Area.

Manufactured home. A structure, transportable in one (1) or more sections, which is eight (8) feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.]

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Mariculture. A use which involves the hatching, raising and production of animals and plants.

Marina. Any recreational facility established for the purposes of boating, fishing, in-water or dry storage of boats, food services, transportation, guides, boat rentals, and other customary accessory uses and facilities. Overnight accommodations may be provided only at certain approved marinas.

Marinas are further defined as follows:

1. Commercial Marina has one (1) or more wet or dry slips and a commercial use.
2. Commercial Fishing Marina has one (1) or more slips used for commercial fishing purposes.
3. Live-aboard Marina with one (1) or more live-aboard slips or live-aboard mooring anchors.
4. Mooring Fields with ten (10) or more anchors.
5. Commercial Ramp or Launching Facility which includes a boat launching or ramp facility together with accessory retail and service uses.
6. Multi-family Marina includes facilities with ten (10) or more wet or dry slips associated with a multi-family development.

Marine turtle means any marine-dwelling reptile of the families Cheloniidae or Dermochelyidae found in state waters or using the beach as nesting habitat, including the species: Caretta caretta (loggerhead), Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricata (hawksbill), and Lepidochelys kempi (Kemp's ridley).

Marine turtle nesting season means the period from April 15 through October 31 of each year.

Market Value. The building value, which is the property value, excluding the land value and that of the detached accessory structures and other improvements on-site (as agreed to between a willing buyer and seller) as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal, or one based on a income approach), Actual Cash Value (replacement cost depreciated for age and quality of construction of building), or adjusted tax-assessed values.

Marquees and Canopies. Any shelter, cover, or protection extending beyond the outer face of the building wall, of either rigid or nonrigid construction, designed and intended to be used for the purpose of shelter or protection for entrances and walkways.

Massage. Touch, stroking, kneading, stretching, friction, percussion and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment).

Massage Therapy. The profession in which the practitioner applies massage techniques with the intent of positively affecting the health and well-being of the client, and may adjunctively; (i) apply allied modalities, heat, cold, water and topical preparations not classified as prescription drugs; (ii) use hand held tools or devices designed as t-bars or knobbies; and (iii) instruct self care and stress management. "Manual" means by use of hand or body.

Maximum Service Volume. The maximum capacity of a public facility based on the adopted LOS standard.

Mean High Water (MHW). The average height of the high waters over a 19-year period. For shorter periods of observation, corrections are applied to eliminate known variations and reduce the result to the equivalent of a mean 19-year value.

Mean Low Water (MLW). The average height of the low waters over a 19-year period. For shorter periods of observation, corrections are applied to eliminate known variations and reduce the result to the equivalent of a mean 19-year value.

Mechanical Beach Raking. The cleaning of the sandy beach seaward of the dune and vegetation line of trash and other debris on or near the surface by use of a rake or other similar porous device which penetrates no more than two (2) inches below existing ambient grade and results in no removal of in situ sand.

Media. Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything which is or may be used as a means of communication. Media includes, but shall not necessarily be limited to; books, newspapers, magazines, movies, videos, sound recordings, cd-roms, other magnetic media, and undeveloped pictures.

Median. The portion of a road separating the travel lanes for traffic.

Median-Income. One (1) or more natural persons or a family that has a total annual adjusted gross income for the household that does not exceed the median adjusted annual gross income for households, adjusted for family size, within the City.

Medical Clinic. An institution providing services of a medical nature to human patients, and including related facilities such as out-patient departments and staff offices, but not including facilities for extended overnight care.

Microclimate. The climate of a specific area in the landscape that has substantially differing sun exposure, temperature, or wind, than surrounding areas or the area as a whole.

Microirrigation (low volume). The application of small quantities of water directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes (laterals). Microirrigation encompasses a number of methods or concepts including drip, subsurface, bubbler, and spray irrigation, previously referred to as trickle irrigation, low volume, or low flow irrigation.

Middle-income. One (1) or more natural persons or a family that has a total annual adjusted gross income for the household that does not exceed 160 percent of the median adjusted annual gross income for households, adjusted for family size, within the City.

Minimal Impact Activities. Activities that will have no significant adverse impact on the resource. Such activities may include installation of navigational aids marked consistent with the requirements of Fla. Stat. § 327.40; construction and maintenance of public or private nature trails not more that ten (10) feet in width; installation of docks not in excess of 100 lineal feet in size, subject to performance standards, and other similar activities.

Mining. The extraction of natural deposits from the earth.

Mitigation. An action or series of actions that offsets adverse environmental impacts. Mitigation may consist of any one or a combination of monetary compensation, or acquisition, restoration, enhancement, or preservation of wetlands, other surface waters or uplands.

Mixed-use Development (MUD). A development consisting of one (1) or more lots developed as a cohesive project and designed with a blend of various compatible uses such as commercial, residential and institutional. The uses may be located in the same building or in separate buildings.

Mobile Home is a structure, eight (8) body feet or more in width and over 35 feet in length, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used as single-family dwelling, with or without a permanent foundation when connected to the required utilities. The term also includes park model trailers but does not include recreational vehicles, travel trailers, and similar transportable structures placed on a site less than 180 consecutive days.

Mobile Home Park. A lot or parcel of land under single ownership or management upon which is operated a business engaged in providing for the parking of six (6) or more mobile homes to be used for both living and storage purposes, and including the customary accessory uses such as owners' and managers' living quarters, restrooms, laundry facilities, utility areas, and facilities for parks and recreation.

Moderate-income. One (1) or more natural persons or a family that has a total annual adjusted gross income for the household that does not exceed 120 percent of the adjusted median annual gross income for households, adjusted for family size, within the City.

Moderate Water use Plants. Plants that need supplemental water during seasonal dry periods.

Moisture Sensing Device or Soil Moisture Sensor. A device to indicate moisture in the root zone of the soil for the purpose of controlling an irrigation system based on the actual needs of the plant.

Monopole. A style of freestanding Tower which is composed of a single shaft usually composed of two (2) or more hollow sections which are in turn attached to a foundation. This type of Tower is designed to support itself without the use of guy wires or other stabilization devices. These structures are mounted to a foundation which rests on or in the ground or on a building's roof.

Mooring Field. A designated area for anchoring and management of vessels, as established by the City of Marathon and approved by the State.

Mount. The structure or surface to which antennas are attached.

Motion picture arcade. Any booth, cubicle, stall or compartment which is smaller than 500 square feet in floor area, which is designed, constructed or used to hold or seat customers, and which is used for presenting motion pictures or viewing publications for a fee by any photographic, electronic, magnetic, digital or other means or medium (including, but not limited to; film, video or magnetic tape, laser disc, cd-rom, books, magazines or periodicals) for observation by customers therein.

Mulch. Nonliving, organic or synthetic materials customarily used in landscape design to retard erosion and retain moisture.

Multiple Uses. A development consisting of both residential and nonresidential uses or one (1) or more different types of nonresidential uses on the same site or part of the same development project.

Museum. An establishment serving as a repository for a collection of natural, scientific, technological, artistic, or literary objects of interest, designed to be viewed by the public with or without an admission charge.

Native Animal. An aquatic or terrestrial animal that occurs or occurred naturally within a specific geographical area in specific habitats or plant communities.

Native Vegetation. Vegetation occurring naturally in the South Florida region or the Florida Keys specifically. Native vegetation is a comprehensive term that encompasses all plant life, including groundcover, grasses, herbs, vines, shrubs and trees as identified in. Wunderlin, R. P. 1998. Guide to the Vascular Plants of Florida, University Press of Florida, Gainesville.

Natural Plant and Animal Habitat. Land and water areas where the ecosystem's biological communities are formed largely by native plant and animal species and where human activity has not essentially modified the area's primary ecological functions. Maintained landscaped areas that include native plants are not included in this definition.

Natural Resources. City of Marathon's biological, physical, geological and hydrological components of the environment.

Nest means an area where marine turtle eggs have been naturally deposited or subsequently relocated.

Nest - turtle. The area in and around a place in which sea turtle eggs are naturally deposited or relocated beneath the sediments of the beach.

Nesting area. Both identified nesting areas and potential nesting areas.

Nesting area, identified. Any area where sea turtle have been or are currently nesting, and the adjacent beach or other intertidal areas used for access by the turtle.

Nesting area, potential. Any area where sea turtle crawls have been observed.

Nesting season. The period from April 15 through October 31 of each year.

New Construction. For floodplain management purposes, any structure for which the "start of construction. commended on or after October 16, 2000 and includes any subsequent improvements to such structures.

New Mobile Home Park. A mobile home park for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed after July 7, 2005.

Nonconforming Building. Any building or structure which existed lawfully at the time it was permitted, but that does not comply with the current regulations of the zoning district or the adopted Comprehensive Plan land use designation in which it is located.

Nonconforming Lot. Any lot of record which does not meet the minimum area required by the LDRs or the density requirements of the adopted Comprehensive Plan land use designation in which the lot is located.

Nonconforming Signs. See Article 7, Chapter 107 and Section 108.18.

Nonconforming Use. The lawful use of any building or land for other than a use specifically permitted in the zoning district or the adopted land use designation in which the building is located.

Non-native Vegetation. Vegetation not natural to the South Florida region, including prohibited non-native vegetation listed in F.A.C. 62C-52.011, Florida Prohibited Aquatic Plants List, and F.A.C. Rule 5B-57, Florida Noxious Weed List.

Nonprofit Conservation Organization. Any private organization, existing under the provisions of Section 501(c)(3) of the Internal Revenue Code, which has among its principal goals the conservation of natural resources or protection on the environment (F.A.C.), whose charter is the perpetual maintenance of areas in their natural state in order to protect the natural, historic, scenic, and recreational resources either through fee-simple or less-than-fee simple title.

Nonresidential Development. Commercial retail, industrial, office and institutional uses; marinas, hotels/motels, shopping centers and public buildings.

Nursing home. An institutional operation designed to provide full- or part-time supervision and assistance to those persons not able to care for themselves, and shall include convalescent homes, homes for the elderly, and similar facilities.

Occupant. A lessee, tenant or other person who, for consideration, occupies a residential dwelling unit pursuant to a vacation rental agreement.

Off-premises. Any premises not located within the area of the property to be subdivided or otherwise developed, whether or not in the common ownership of the applicant for subdivision approval.

Office Use. Business, professional, service, and governmental occupations, institutions and commercial activities not involved with the sale of merchandise.

Open Air Market. A market, usually held outdoors, where food items, antiques, used household goods, and curios are sold.

Open Decorative Fence. A barrier that can be seen through. When visible from public view, on- or off-site, the fence shall be constructed with a decorative material, such as wooden pickets, wrought iron or tubular metal. On a property with other than a single-family, duplex or triplex residential use, chain-link shall not be considered decorative material.

Open Space. Any natural, recreational, or common open areas, either publicly or privately owned, set aside, dedicated, designated, or reserved for the private use or enjoyment of owners or occupants of land adjoining such open space, or for the public at large.

Open Space, Common. All open space, natural areas, and recreational areas which are within the part of a development designed and intended to be used in common by the owners, residents, or tenants of the development.

Open Space Ratio. The percentage of the gross area of a parcel that is open space.

Open Space, Usable. Walkable outdoor area designed or used for public access, outdoor living, recreation or pedestrian access.

Open System. An open stormwater conveyance system associated with roadways constructed with roadside swales.

Open Water. Shorelines directly located on the Straits of Florida, Florida Bay, the Gulf of Mexico, and the Atlantic Ocean. Open water is not intended to mean shorelines on man-made canals, channels or basins that have access to open water but are not directly located on open water.

Outdoor lighting means the nighttime illumination of an outside area or object by any fixed luminaire. Vehicle lights and flashlights are not included in this definition.

Out Parcel. A parcel of land which contains a freestanding building that shares infrastructure and/or access from the main parcel.

Outside Radius. The outside or larger curve radius connecting the edge of the driveway to the edge of the traveled way.

Outstanding Florida Waters (OFWs). The surface waters of the Florida Keys which have been determined to be worthy of special protection as identified in Section 62-302.700, Florida Administrative Code.

Owner. The record owners, including any person, group of persons, firm or firms, corporation or corporations, or an other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided or developed, as reflected by the public records of Monroe City.

Package Treatment Plant. Any wastewater treatment facility having a permitted capacity of less than 100,000 gallons per day. Essentially, this is a small treatment system consisting of a treatment plant and disposal system.

Palm Hammock. A low hammock where one (1) out of every five (5) of the dominant canopy plants is a native palm characterized by the Florida thatch palm, Thrinax radiata.

Parcel Reconfiguration. The reconfiguration or realignment of lot lines of from one (1) to three (3) adjacent parcels such that the resulting parcels are equal to or fewer in number and otherwise meet all other minimum requirements of the City's Comprehensive Plan and LDRs.

Park, Public. A piece of land that is owned by the State of Florida, City of Marathon, or Monroe City, that is developed and operated for active and/or passive recreational purposes, and that is open to the public on a regular schedule.

Park trailer. A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in Fla. Stat. § 320.01]

Parking, Shared. Public or private parking that serves more than one (1) use.

Parking Space. An area specifically and permanently designated for the off-street parking or storage of vehicles that complies with the minimum parking design standards.

Pathway lighting means lighting used to illuminate a walkway or pathway.

Paved Ground Surface Area. Any paved ground surface area (excepting public rights-of-way) used for the purpose of driving, parking, storing or displaying of vehicles, boats, trailers and mobile homes, including new and used car lots and other open-lot uses. Parking structures, covered drive-in parking areas to the drip line of the covering or garages shall not be considered as paved ground surface areas.

Pedestrian Friendly. A quality of access that includes a logical, unobstructed, comfortable path to a useful destination along frontages that are spatially defined and interesting, and safe from traffic.

Pedestrian Pathways. Interconnected, paved walkways that provide pedestrian passage through blocks running from street to street or within open space lots.

Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Permanent Foundation. Any structural system for transposing loads from a structure to the earth by means of a poured-in-place foundation without exceeding the safe bearing capacity of the supporting soil and which is installed in accordance with and meets the requirements of the manufacturer's specifications or, in their absence, American National Standards Institute (ANSI) standards, or, in their absence, provisions of the Florida Building Code.

Permanent RV. A recreational vehicle that, as of July 7, 2005, meets all of the following criteria.

1. Has been tied down or otherwise affixed to the property on which it is located;
2. Has permanent attachments such as carports, porches, screened rooms, or similar improvements;
3. Is continuously occupied for more than six (6) months and being used as a permanent dwelling unit; and
4. Is no longer capable of traveling on the public roadways of the state.

Person. Any individual, group of persons, firm, corporation, association, organization and any legal public entity.

Personal Communication Services (PCS). Mobile telephone service operating in the 1900 MHZ spectrum.

Personal Services. Beauty parlor, shop or salon, barber shop, tanning salon, health and fitness facility, weight control establishment, spas, funeral homes, or any similar use.

Personal Wireless Services. Any personal wireless service defined in the Federal Telecommunications Act which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), Paging as well as unlicensed wireless services, and common carrier wireless exchange access services.

Pervious Paving Materials. A porous asphaltic or concrete or other surface material with a high void sized aggregate base which allows for rapid infiltration through it of water and only temporary storage of water on the surface before runoff or delivery of that water to below the surfaces.

Pet Rescue Organization. A nonprofit organization that provides for the welfare and sale or adoption of domestic animals to private households.

Place of Worship. Any building used for nonprofit purposes by an established religious organization holding either tax exempt status under Section 501(c)(3) of the Internal Revenue Code or under Florida's property tax law, where such building is primarily intended to be used as a place of worship and including customary accessory uses.

Plant Bed. A grouping of trees, shrubs, ground covers, perennials or annuals growing together in a defined area devoid of turfgrass, normally using mulch around the plants.

Plant Communities. An association of native plants that are dominated by one (1) or more prominent species, or a characteristic physical attribute.

Planting Plan. A plan defining plant locations along with their scientific and common names accompanied by size specifications, installation details, soil amendments, mulches, edging, gravel, and other related materials for the implementation of the planting on the plan.

Planting Strips. The strips of grass between the curb and sidewalk parallel to the street.

Plat or Re-plat. A map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of this the City's Land Development Regulations (LDRs) Fla. Stat. ch. 177.

Platted Lot. A lot identified on a plat approved by the jurisdictional body of the City or Monroe County and duly recorded.

Point of Connection (POC). The location where an irrigation system is connected to a water supply.

Point source of light means any artificial light or lighting that directly radiates visible light.

Pole-mounted lighting means any luminaire set on a base or a pole which raises the source of light off of the ground.

Pop-up Sprays. Spray heads that pop up with water pressure and provide a continuous spray pattern throughout a given arc of operation.

Preliminary Development Review. The review of a proposed development plan through the TRC as a prerequisite to filing an application for a final development approval.

Premises. The extent of any lot, plot, parcel, or tract of land, with or without any buildings or structures thereon.

Pressure Tank. A pressurized holding tank for irrigation water coming from wells to minimize cycling of the water pump and where the pressure is set so that the pump is turned on when the pressure in the tank drops below the set pressure.

Primary Building Line. Measured from the frontage line, the line from which the primary building begins.

Primary Live Entertainment. That entertainment which characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.

Primary Surface. The area extending a distance of 50 feet to both sides of the centerline of a private airport's runway, and running the distance of the runway.

Principle Structure. A Principle Structure is a structure which would be required in order to carry out any use established and allowed under in Chapter 103, Article 3, Table 103.15.1, "Uses By Zoning District" and as may be regulated through the "Special Use Regulations" established in Chapter 104 of the City of Marathon Land Development Regulations (LDRs).

Principle Use. A Principle Use is a use specifically shown and allowed in Chapter 103, Article 3, Table 103.15.1, "Uses By Zoning District" and as may be regulated through the "Special Use Regulations" established in Chapter 104 of the City of Marathon Land Development Regulations (LDRs).

Private Animal Shelter. A structure that is owned, operated or maintained by a private organization used for the care of lost, abandoned, or neglected domestic animals, including overnight boarding.

Professional Services. The conduct of business in any of the following or related categories. law, architecture, engineering, medicine, dentistry, osteopaths, chiropractors, opticians, or consultants in these related fields.

Property Manager. Any person or entity other than an owner who is responsible for the day-to-day maintenance and operation of residential dwelling unit used as a vacation rental accommodation.

Public Building. A building, structure used and controlled exclusively for public purposes by any government entity.

Public Capital Improvement. Physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multi-year financing. For the purposes of this Code, physical assets which have been identified as existing or projected needs in the individual comprehensive plan elements shall be considered capital improvements.

Public Body. Any government or governmental agency of City of Marathon, the State of Florida, the United States government, or Monroe City, Florida.

Public Facility. One of the facilities for which a level of service standard is adopted in the Comprehensive Plan.

Public safety and nuisance. Anything which is injurious to safety or health of the entire community or a neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable canal or basin.

Public Use. The use of any land, water, or building by a municipality, public body or Council, commission or authority, City, state, or the federal government, or any agency thereof, for a public service or purpose.

Public Water Supply. A natural or artificial system for the provision of water to the public for human consumption which includes public water supply systems and multi-family water systems.

Pump Cycling. Irrigation pump coming on and shutting off frequently during operation of irrigation systems.

Radio Frequency Emissions. Any electromagnetic radiation or other communications signal emitted from an Antenna or Antenna-related equipment on the ground, Tower, building, or other vertical projection.

Radio Frequency Engineer. A person engaged by an applicant or the City capable of certifying the geographic location requirements of an applicant for approval of a Wireless Communications Facility for the placement of Antennae based upon longitude and latitude coordinates, existing infrastructure, available technology, and call demand.

Rafting. Two (2) or more vessels tied side by side to a single mooring or secured to a dock.

Rain Sensor Device. A low voltage electrical or mechanical component placed in the circuitry of an automatic irrigation system that is designed to turn off a sprinkler controller when pre-set amount of precipitation has been registered on the device.

Real Property. Land or land and buildings.

Receiving Site (transfer of building or development rights). A parcel located in the City to which a building right or density right may be transferred.

Recessed luminaire means a luminaire recessed into an outdoor ceiling or canopy so that its bottom is flush with the underside of the structure.

Reclaimed Water. Wastewater that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility.

Recreation, Developed. Facilities designed to provide for active recreation as their primary use, including swimming pools, playing fields, paved courts and skating areas.

Recreation, Resource-based. Recreational activities that are essentially dependent upon the natural, scenic, or historic resources of the area provided the associated activities do not have significant adverse impacts on the ecological integrity or ecological or historical values of the resources in these areas.

Recreational Vehicle. Any vehicle, not exceeding 40 feet in overall length or eight and one-half (8½) feet in width, designed and intended for recreational purposes, including trailers, travel trailers, boats, campers, pickup campers, buses, tent trailers, motor homes, and other similar vehicles with or without motive power, designed and constructed to travel on public thoroughfares. Same definition as set forth in 2001, Fla. Stat. §§ 320.01(1)(b) and 513.01(9).

Recreational vehicle (Floodplain). A vehicle, including a park trailer, which is: [See Fla. Stat. § 320.01)

1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recyclable Material. As set out in Fla. Stat. ch. 403.703(26), "Recyclable material" means those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste.

Recycling. As set out in Fla. Stat. ch. 403.703(27)," "Recycling" means any process by which solid waste, or materials that would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

Objective 3-3.2 of the Infrastructure Element specifically addresses the City's desire to "Promote Recycling." In Policy 3-3.2.1, the Comprehensive Plan states that the "City shall assess collection practices, rates of curbside collection and net material recovery, to design and implement a citywide, mandatory, curbside recycling program for residential and commercial locations. The City, in conjunction with Monroe County, shall continue to implement a citywide mandatory curbside recycling program, unless an alternative method of recycling is put in place. In Policy 3-3.2.3, the Plan further states that "at select locations, the City, in conjunction with Monroe County, shall implement and expand, as necessary, drop-off collection programs, which shall supplement the curbside collection program, and facilitate participation by properties, which are not equipped to participate in the curbside collection programs." As such, the term recycling shall be interpreted to mean processes and related facilities intended to implementation and/or enhancement of the existing curbside recycling program. Such activities and related physical facilities may include, but not be limited to, recycling at curbside which already occurs at regular frequencies to collect paper, plastics, and various metal products or the recent creation of an "EWaste" recycling program in coordination with Monroe County.

Redevelopment. The proposed removal or demolition of structures for the purpose of installing, building, or constructing on the property new structures.

Regulated Species. Those species of plants and animals listed as endangered, threatened, rare, native, commercially exploited or species of special concern by the City of Marathon, an official state or federal plant or wildlife agency, or the Florida Natural Areas Inventory (FNAI, includes species ranked as S1, S2, S3 or S4). These species are targeted for protection for a number of reasons, e.g. they are in imminent danger of extinction, are rapidly declining in number or habitat, or have an inherent vulnerability to habitat modification, environmental alteration, or human disturbance which puts them at risk of extinction. Regulated trees include Champion trees, Specimen trees, commercially exploited, threatened or endangered trees, and native species.

Repair. Restoration of portions of a building to its condition as before decay, wear, or damage, but not including alteration of the shape or size of any portion.

Repair of Vehicles. A limited commercial activity that involves the repair of automobiles, light trucks, and other small vehicles or machines and equipment.

Replacement Tower. The construction of a new Tower built to replace an existing Tower.

Residential Development. A residence or residential use; market rate dwelling units; campground spaces; mobile homes; institutional residential use, live-aboard vessels; employee and commercial workforce housing; and affordable housing.

Restaurant. An establishment where food is ordered from a menu, prepared and served for pay primarily for consumption on the premises in a completely enclosed room, under roof of the main structure, under roof of an adjacent structure (i.e., tiki hut) or in a courtyard adjoining the main structure.

Restaurant, with Drive-through. Any place or premises where provision is made on the premises for the selling, dispensing, or serving of food, refreshments or beverages in automobiles from walk-up or drive-through window on the premises, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in automobiles on the premises.

Re-subdivision. Any change in a map of a recorded subdivision plat or map legally recorded prior to adoption of any regulations controlling subdivision that affects; (1) any street layout on the map; or (2) any area reserved thereon for public use. For existing platted properties, a replat must be filed or the existing plat must be vacated in accordance with Chapter 102, Article 10.

Retail Roadside or Produce Stand. Any activity that involves the temporary sale of agricultural products and landscape materials such as trees and shrubs.

Retail Sales and Services. Retail sales and services shall include those business activities customarily providing retail convenience goods. Such uses shall include department stores, variety stores, drug and sundry stores, home and automobile supply, furniture and appliances, hardware, package stores, newsstands, book and stationery stores, shoe repair shops, luggage shops, bakeries and candy shops (provided that all products made on the premises are sold on the premises), camera and photograph supply shops, radio and television sales and service, floor coverings, sporting goods, florists, jewelers, music and piano sales and services, art shops, pawn shops, electrical and lighting and similar uses.

Retention. The prevention of the discharge of a given volume of stormwater runoff by complete on-site storage.

Right-of-way. A strip of land occupied or intended to be occupied by a road, street, crosswalk, railroad, electric transmission line, utility service, or any other special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Areas not included in lots intended for streets, crosswalks, water mains, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. The right-of-way line shall be considered as the property line and all setback requirements provided in the City LDRs shall be measured from said right-of-way line, or except as may otherwise be provided.

Right-of-way Line. A property line which bounds the right-of-way set aside for a road, utility service, or other special use. All setback requirements provided in these regulations shall be measured from said right-of-way line, except as may otherwise be provided.

Road. Any public or private right-of-way set aside for public travel. The word "road" shall include the word "street," "avenue," "boulevard," "lane," "thoroughfare," and "highway" for such purposes.

Road Centerline. The line midway between the road right-of-way lines, or the surveyed and platted centerline of a road, which may or may not be the line midway between the existing right-of-way lines.

Road Frontage. A public street or road auxiliary to, and located alongside, abutting and parallel to a highway for the purposes of maintaining local road continuity and for control of access.

Roof Sign. Signs erected above the roof line or parapet. Signs located on a sloped roof or mansard roof located below the roof line are not considered roof signs.

Room, Hotel or Motel. A unit in a public lodging establishment as defined by Fla. Stat. § 509.013(4)(a), intended for transient lodging only for periods not exceeding 30 days. Transient occupancy shall conform to the definition contained in Fla. Stat. § 509.013(8), as to transient occupancy.

Rooming House. A building designed to provide accommodations for persons for temporary residence for compensation, with or without meals, providing for no more than ten (10) sleeping rooms, and which does not maintain a restaurant or cafeteria on the premises, including customary accessory uses in connection with the principal use.

Roundabout. A raised circular area constructed at the center of a three-way or four-way street intersection around which automobile traffic circulates.

Runoff. Water that is not absorbed by the soil or plantings and thereby flows out and off from the area.

Salt Marsh and Buttonwood Wetlands. Two (2) plant associations that are sometimes collectively or individually referred to as the "transitional wetland zone." The salt marsh community is a wetland area subject to tidal influence, and the vegetation is dominated by nonwoody groundcovers and grasses. The vegetation may include, but is not limited to, the following nonwoody species:

Wood vegetation that may be present includes the three (3) species of mangroves, as well as buttonwood (Conocarpus erectus); however, the salt marsh community is distinguished by the dominance of nonwoody plants, and the woody species have a coverage of less than 40 percent. The salt marsh community may be associated and intermixed with areas of almost bare ground on which the vegetation may be limited to masts of periphyton.

The buttonwood wetland is a wetland that is usually present in the more landward zone of the transitional wetland area, and may intermix with more upland communities. The vegetation may include, but is not limited to, the following species:

The buttonwood wetland is distinguished from the salt marsh wetland by the dominance of buttonwood trees, usually occurring as an open stand that permits the growth of an understory of groundcovers and shrubs. The buttonwood wetland is, in turn, distinguished from more upland communities by the presence of graminoids and halophytic groundcover under its open canopy, and generally by the lack of an appreciable layer of hums and leaf litter. As reference throughout these regulations, "Salt marsh and Buttonwood" habitat refers collectively and individually to "salt marsh" and "buttonwood" habitats for the purpose of determining regulatory requirements.

Undisturbed or high functioning saltmarsh and buttonwood accrue density in accordance with Policy 4-1.7.2, of the City of Marathon Comprehensive Plan for the purposes of transferring allocated density. However, the open space for such habitats is 100 percent and are otherwise unbuildable. Disturbed or low functional categories of saltmarsh and buttonwood wetland are best defined by the KEYWEP score as outlined in Chapter 106, Article 4, Section 106.27 C.2. of the LDRs and are buildable for KEYWEP scores.

Sand Dunes. A naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Satellite Earth Station. A single or group of satellite parabolic (or dish) Antennas, with one (1) or more having a diameter greater than 40 inches or any size parabolic Antenna mounted on a mast of 12 feet or greater in height, including any associated separate Equipment Enclosures necessary for the transmission or reception of Wireless Communications signals with satellites.

Scarified Land. An area that is cleared of native vegetation, or topographically modified such that the land is not presently in a successional sequence leading to the establishment of the vegetative communities that were cleared or disturbed.

Scenic Corridor. A visual opening along a traveled route, such as a road, waterway, bike path, or pedestrian trail, that allows either glimpses or extended views of built or natural resources having historical or cultural significance or scenic beauty.

School, Public. A public elementary or secondary school serving students in grades Kindergarten through 12th with an academic course of study approved by the Florida Department of Education.

School, Private. A private elementary or secondary school serving students in grades Kindergarten through 12th with an academic course of study approved by the Florida Department of Education and vocational, technical, trade or industrial schools.

Screening. The method by which a view of one (1) site from another site is shielded, concealed or hidden. Screening techniques may include one (1) or a combination of the following: fences, walls, hedges, berms, existing natural vegetation or other features.

Security. A letter of credit, cash escrow or surety agreement provided by the applicant to secure its promises to complete the required public paving and drainage improvements associated with the subdivision within a specified time period following the final subdivision plat recording.

Self-service Storage Facilities. A building or buildings consisting of individual, self-contained spaces within structures that are leased or owned for the storage of business and household goods.

Self-Supporting. A style of freestanding Tower which consists of an inverted truss assembly or other assembly designed to support itself without the use of guy wires or other stabilization devices. These structures are typically composed of three (3) or four (4) legs which rest upon individual foundations and are held together with bracing. These structures can be mounted to a foundation which rests on or in the ground or on a building's roof.

Semi-public Body. Includes churches and organizations operating as a nonprofit activity serving a public purpose or service and includes such organizations as noncommercial clubs and lodges, theater groups, recreational and neighborhood associations, and cultural activities.

Sending Site (transfer of building or development rights). A parcel located in the City from which a building right or density right may be transferred.

Service Station. Any business engaged primarily in the servicing of automotive vehicles, including the sale and delivery of fuel, lubricants, and other products necessary to the operation of automotive vehicles, including the sale and installation of accessories, tires, batteries, seat covers, tire repair, cleaning facilities, minor engine tune-up, wheel balancing and aligning, and brake service, but not including mechanical or body repair facilities, or the sale or repair of vehicles or trailers.

Setback. The minimum horizontal distance between the street, rear or side line and front, rear or side lines of the building, including steps, terraces, or any projection thereof. When two (2) or more lots under one (1) ownership are used, the exterior property lines so grouped shall be used in determining setbacks. Notwithstanding other provisions in Article 6, Chapter 107, all street sides of a corner lot shall be construed as having a "front setback."

Sex Shop. A retail sales and services establishment that meets any of the following tests.

1. It offers for sale items from any two (2) of the following categories: sexually oriented media; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items make up more than ten percent (10%) of its stock in trade or occupies more than 10 percent (10%) of its floor area;
2. More than five percent (5%) of its stock in trade consists of sexually-oriented toys or novelties; or
3. More than five percent (5%) of its gross public floor area is devoted to the display of sexually-oriented toys or novelties.

Sexual Conduct. The engaging in or the commission of an act of sexual intercourse, oral-genital contact, masturbation, or the touching of the sexual organs, pubic region, buttock or female breast of another person for the purpose of arousing or gratifying the sexual desire of another person.

Sexually Explicit Media. Magazines, books, videotapes, movies, slides, cd roms or other devices used to record computer images, or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "sexual conduct" or "specified anatomical areas".

Sexually Oriented Business. An inclusive term used to describe collectively: sexually oriented cabaret; sexually oriented motion picture theater; motion picture arcade; massage parlor or shop unless operated by a massage therapist licensed by the State of Florida; retail sales and services falling into the category of sex shop or sexually oriented media shop. This collective term does not describe a specific land use and shall not be considered a single use category for purposes of the zoning LDRs or other applicable ordinances.

Sexually Oriented Cabaret. A building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment which constitutes the "primary live entertainment" is distinguished or characterized by an emphasis on the exhibiting of "sexual conduct" or "specified anatomical areas" for observation by customers therein. The fact that an establishment does not serve alcoholic beverages shall not remove it from classification as a "sexually oriented cabaret" if it otherwise falls under this definition.

Sexually Oriented Media Store. A retail sales and services establishment that rents and/or sells media, and that meets any of the following three (3) tests:

1. More than 30 percent of the gross public floor area is devoted to sexually oriented media;
2. More than 30 percent of the stock in trade consists of sexually oriented media; or
3. It is advertised, marketed, or holds itself out in any forum as "XXX," "adult," "sex" or otherwise as a sexually-oriented business.

Sexually Oriented Motion Picture Theater. A cinema or motion picture theater which shows hardcore features on more than half (1/2) the days that it is open, or which is marketed as or offers features described as "adult", "XXX", or sexually oriented.

Shared Parking. See Parking, shared.

Shopping Center. A group of commercial retail and/or professional services establishments planned, developed and managed as a unit, with off-street parking provided on the property.

Shrub. Any self-supporting woody nondeciduous and/or flowering species.

Sign. Any attention-attracting device, fixture, placard, or structure, but excluding flags, that uses any color, form, graphic, illumination, symbol or writing to advertise, to announce the purpose of, or to identify a person, location, building or entity, or to communicate information of any kind to the public.

Sign, Animated. Any sign that uses movement or change of lighting to depict action or to give the impression of action, whether animated or otherwise. "Message Center Sign" is specifically excluded from this definition.

Sign, Attached. Any sign attached to any part of a building, as contrasted to a "Detached Sign."

Sign Area. The area enclosed by the perimeter of the sign faces. The sign area of a double-faced sign shall be the sign area of one (1) sign face. The sign area of a multi-faced sign shall be the sum of the areas of all sign faces. The sign areas of painted wall signs or flat signs, when composed of letters only (whether script or printed letters), shall be the sum of the areas of the smallest contiguous rectangles each capable of containing one (1) such letter.

Signs, Awning, Canopy. Awnings shall be made of durable, long-lasting fabric and designed to fit the store front. Canopy signs are permanently attached underneath an awning or building overhang.

Sign, Banner. Any signs having characters, letters, illustrations, or ornamentations applied to cloth, paper or fabric of any kind.

Sign, Double-faced. A sign or advertising structure having two (2) sign faces of equal size and shape which are oriented in different directions and which are constructed in either of the following configurations.

1. Sign faces which are parallel when viewed from above, which are oriented in opposite directions and which are not separated by more than 36 inches at any point.
2. Sign faces which form a "V" when viewed from above, provided that the internal angle at the apex is not greater than 60 degrees and the sign faces are not separated by more than 36 inches at the apex of the "V."

Sign Face. The part of the sign that is or can be used for communication or advertising purposes.

Sign, Flashing. A sign, the illumination of which does not have constant intensity at all times when in use, and which exhibits sudden or marked changes in lighting effects, including any sign with a strobe light or strobe-like effect.

Sign, Freestanding. Any sign supported by upright structural members or by braces on or in the ground and not attached to a building, including a bulletin Council sign, an outdoor advertising sign, a pole or pylon sign, or a ground sign.

Sign, Illuminated. A sign or advertising structure in which a source of light is used in order to make the message visible, and shall include internally or externally lighted signs.

Sign, Incidental. A sign, generally informational, that has a purpose secondary to the use of the development site on which it is located. This category includes, but is not limited to; signs with noncommercial messages such as "no parking," "entrance," "loading only," "telephone," and similar information and directives. No sign with a commercial message legible from a position off the development site on which the sign is located shall be considered instructional.

Sign, Institutional. A sign identifying or advertising an institutional use permitted in a residential district, where such sign is located on the same development site as such use.

Sign, Interior Property. A sign that is located within properties without direct street access, or signs that are not visible from the public right-of-way or adjacent properties, or nor directly abutting a street.

Sign, multi-faced. A sign or advertising structure containing more than one (1) sign face which is not a double-faced sign.

Sign, Off-premises. A sign which advertises goods, products, or services not necessarily sold on the premises on which the sign is located.

Sign, Pole. Type of freestanding sign that is supported by a single exposed structural support.

Sign, Portable. Any sign not permanently attached to the ground or other permanent structure or a sign to be transported, including, but not limited to; signs designed to be transported by means of wheels; signs made as A-frames or T-frames; menu and sandwich Council signs; balloons used as signs; excepting on-site umbrellas, and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

Sign, Revolving. A sign or advertising structure which revolves or turns by means of an external or internal power source.

Sign, Roof. Signs erected above the roof line or parapet. Signs located on a sloped roof or mansard roof located below the roof line are not considered roof signs.

Sign, Temporary. Any sign that is used only for a limited time and that is not permanently mounted, such as campaign, real estate and special promotion signs.

Sign, Building. Any sign attached parallel to and extending not more than 18 inches from the facade of any building to which it is attached and not extending above the principal portion of the building, painted on the wall surface or erected and confined within the limits of an outside wall of any building, which is supported by such wall or building, and which displays only one (1) sign surface.

Sign, Window. Any sign that is placed inside a building or window or upon the window panes or glass and legible from a location on public property or on private property other than the premises on which the sign is located.

Significant Adverse Impact (upon a natural resource). Direct contamination, alteration, or destruction, or that which contributes to the contamination, alteration, or destruction of a natural resource, or portion thereof, to the degree that its environmental benefits are or will be eliminated, reduced or impaired, such that the activity will cause long term negative impacts on the natural resource.

Significant Habitat. Contiguous stands of natural upland plant communities which have been documented to support, and which have the potential to maintain, healthy and diverse populations of plants or wildlife.

Simple Subdivision. The subdivision of a parcel with a duplex structure into two (2) separate parcels or alternatively, the subdivision of a vacant parcel into two (2) legal parcels each of which meets all of the requirements of the City's Comprehensive Plan and Land Development Regulations.

Site. The parcel(s) of land to be developed.

Site Appropriate Plant. A plant that after establishment will thrive within the environmental conditions that are normal for a specific location without artificial supplements such as irrigation.

Site Plan. Information submitted by (an) applicant (which) shall identify all development activities, including principal and accessory uses within the property boundaries.

Skyglow means illumination of the sky from artificial sources.

Small Quantity Hazardous Waste Generator is a generator who generates less than 1,000 kg of hazardous waste in a calendar month.

Small-scale Map Amendment. An amendment to the Future Land Use Map which involves the development of affordable housing.

Soil Moisture Sensor. (See Moisture Sensing Device).

Soil Texture. The classification of soil based on the percentage of sand, silt, and clay in the soil.

Solid Decorative Fence. A solid fence or wall that provides an opaque barrier designed in a style, decorative material, or color compatible with the buildings on the site. Solid fences on any residential property need not be designed in this manner.

Special Flood Hazard Area. An area in the floodplain subject to a one (1) percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 202.]

Specimen tree. Any tree which has a DBH greater than 75 of the record tree of the same species for the State of Florida.

Spoil. Any displaced overburden from hydraulic dredging.

Square. An open space surrounded by a minimum of 75 percent of its perimeter by streets, totaling at least one-half acre in area.

Standards. Guidelines or measures provided in these regulations by which acceptability of a use is determined.

Start of Construction. The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, or the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 202.]

Stealth Wireless Communications Facility. A structure that is not readily identifiable as a Tower and is designed to be compatible with existing and proposed uses on a site. The structure may or may not have a secondary function (i.e. church steeple, bell tower, spire, clock tower, cupola, light standard, flagpole, etc.).

Storage Area. The outdoor storage of boats, campers, equipment, and materials for more than 24 hours. This is considered a light industrial use and does not include waste transfer stations, junkyards or other heavy industrial uses.

Stormwater. The flow of water which results from, and which occurs immediately following a rainfall event.

Stormwater Management Plan. The detailed analysis describing how the rainfall control system for the proposed development has been planned and designed, and will be constructed to meet the requirements of Article 11, of Chapter 107.

Street. An access way designed and used primarily for vehicular transportation purposes, which may feature within its right-of-way limits pavement, curbs, medians, sidewalks, bikeways, swales, slopes and parking lanes. Access ways and driveways designed as part of or access to parking lots to accommodate on-site parking requirements are excluded from this definition.

1. Street, publicly-maintained. Any street maintained and operated by a governmental entity (state or city) whether there is deeded ownership or not.
2. Street, privately-maintained. Any street maintained and operated by a private entity (Developer or Property Owners' Association) whether there is deeded ownership or not.

Street Line. That line limiting the right-of-way of the street and being identical with the property line of persons owning property fronting on the street.

Structure. Anything constructed or erected that requires a location on the ground or attached to something having location on the ground.

Stub Street or Stub-out Street. A street that terminates at the edge of a proposed site for development and that is intended for future extension and connection to adjacent development or redevelopment.

Subdivision. The division of land into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; which may include establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

Subdivision, Major. A subdivision which includes the approval and required construction of new streets which connect to existing public or private streets within the City.

Subdivision, Minor. The subdivision of land which does not include any new streets within the City such that all resultant lots shall all have access to and from existing public or private streets within the City of Marathon.

Submerged Land. Land below the mean high tide line and/or the mean high water line of an upland water body.

Substantial Construction. All required permits necessary to continue the development have been obtained; permitted clearing and grading has been completed on a significant portion of the development subject to a single final development order; and the actual construction of buildings or water and sewer lines, streets, or the stormwater management system has been completed on a significant portion of the development or is progressing in a manner that significantly moves the entire development toward completion of construction.

Substantial Damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred.

Substantial Improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a one-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure, either; (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. The period of accumulation begins when the first improvement or repair of each building is permitted subsequent to June 1, 2012. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed.

The term does not, however, include either.

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure".

Surface Parking. A ground-level parking area for motor vehicles where there is no building or structure above the parking.

Surface Waters. Any water courses and associated wetlands that hold or transport water on the ground surface.

Surveyor. A surveyor registered in Florida under Fla. Stat. 472, who is in good standing with the Department of Business and Professional Regulation, Division of Professions, Council of Professional Surveyors and Mappers.

Swale. An open shallow channel that is covered with vegetation on side slopes and bottom and is designed to collect and slowly convey runoff flow to downstream discharge points.

Technical Review Committee (TRC). A committee of department representatives and others, established for the review and approval process for development in the City of Marathon.

Temporary Tower. A facility that is designed and constructed to serve, on a temporary basis, as a means of supporting Antennas and is used typically to provide emergency wireless communications services or to provide wireless communications service to special events.

Theater, Sexually-oriented. A cinema or motion picture theater which shows hard-core features on more than half the days that it is open, or which is marketed as or offers features described as "adult", "XXX", or sexually oriented.

Threatened and Endangered Species. Plant or animal species listed as such under the provision of the Endangered Species Act, 16 U.S.C. section 1531 et seq.; and/or Fla. Stat. § 581.185, and the Florida Endangered and Threatened Special Act; Fla. Stat. § 372.072, as illustrated on the Threatened and Endangered species maps maintained by the Department.

Tinted glass means any glass treated to achieve an industry-approved, inside-to-outside light transmittance value of 45 percent or less. Such transmittance is limited to the visible spectrum (400 to 700 nanometers) and is measured as the percentage of light that is transmitted through the glass.

Tourist Housing. A dwelling unit used as transient housing for tenancies of less than 28 days duration, such as a hotel or motel, public lodging establishment, rooming housing, vacation rental, room or space for parking a recreational vehicle or travel trailer or units that are advertise and held out to the public for such use. Tourist housing shall include the rental, lease, sublease, or assignment of existing dwelling units for tenancies of less than 28 days duration.

Tower. A vertical projection composed of metal, wood, or other substance mounted to a foundation which rests on or in the ground or on a building's roof that is the express purpose of accommodating Antennas at a desired height above grade. Towers may be either Guyed, Self-Supporting (lattice), Monopoles, or in some other configuration. Any device which is used to attach Antennas to an existing building as part of an attached Wireless Communications Facility shall be excluded from the definition of any regulations applicable to Towers unless otherwise provided herein. Towers along with their supporting ancillary structures and equipment cabinets are not considered commercial floor area.

Trailer. Any portable or movable structure or non-self-propelled vehicle not used for living purposes, but used for moving or hauling freight, equipment, or merchandise.

Transfer of Building Right or TBR. The conveyance of a building right from a sender site to a receiver site.

Transfer of Development Rights. A method for protecting environmentally sensitive land by sale or conveyance of the rights to develop from one (1) area (a sending site) to another area (a receiving site).

Transient. Any person who exercises occupancy or possession or is entitled to occupancy or possession by reason of any rental agreement, concession, license, right of access, license, time-sharing arrangement, or any other type of agreement for a period of less than 28 consecutive calendar days or less, counting portions of calendar days as full days.

Transient Unit. A unit in a public lodging establishment as defined by Fla. Stat. § 509.013(4)(a) intended for transient lodging only for periods not exceeding 30 days. Transient occupancy shall conform to the definition contained in Fla. Stat. § 509.013(8) as to transient occupancy.

Transit. Passenger services provided by public, private or nonprofit entities such as the following surface transit modes. express bus, and local fixed route bus or passenger vans operating on a demand responsive basis and associated park and ride facilities.

Traveled Way. The portion of the roadway for the movement of vehicles exclusive of shoulders and auxiliary lanes (travel lanes).

Tree Canopy. The area of the property that contains coverage by trees and consists of the total crown spreads or drip-lines of all trees existing on-site.

Tree, Champion. Those trees that have been identified by the Florida Division of Forestry as being the largest of their species within the State of Florida or by the American Forestry Association as the largest of their species in the United States. The current list of champion trees in City of Marathon is on file in the Department.

Tree, Heritage. All native tree species, 20 inches or greater in diameter at a point four and one-half (4 1/2) feet above ground level, and all non-native trees 30 inches or greater in diameter.

Tree, Regulated. Champion, Heritage and specimen trees; and any woody native tree species as specifically identified in Article 2, Chapter 106, "Trees and Native Vegetation" of the LDRs.

Tropical Hardwood Hammock; High Quality, Moderate Quality, Low Quality, Disturbed. A characterization of habitat quality for hammock habitat (high and low elevation) defined elsewhere in this chapter. Determination of habitat quality is established by performing a habitat analysis as outlined in Chapter 106, Article 3, Section 106.18 - Habitat Analysis.

Turf and/or Turfgrass. A mat layer of monocotyledonous plants such as Bahia, Bermuda, St. Augustine, and Zoysia varieties.

Unaltered Shorelines. Those shorelines that are located along natural nondredged waterways and open water and the original natural conditions of the shoreline are present even though fill or riprap may be present.

Unauthorized Materials. Materials that pose a threat to water or natural resources located on or adjacent to the area where such operations are being conducted.

Unshielded lighting means any artificial light emitted, either directly or by reflection or diffusion, above a horizontal plane running through the lowest part of the luminaire's full cutoff feature.

Use. Any activity, function, or purpose to which a parcel of land or building is put.

Use, Principle. The main use establishing the reason and basis for a building or structure and comprising the general activity for which such building and/or property is used.

Use, Accessory. Activities established as secondary, in support of, and dependent upon the principle use. In the event that an accessory structure and associated use is located or proposed to be located on one of two adjacent or contiguous properties in common ownership one of which contains a principal structure and use, the other of which contains or will contain the accessory structure and use, the two properties do not need to be combined into one property (specifically excluding pools on adjacent properties). However, should the ownership of the two properties be divided into two different ownerships, the accessory structure and use shall cease, and any accessory structures shall be demolished until such time that a principal structure is approved and placed on the property.

Utilities, Major. Facilities such as electric generation plants, stormwater collection systems, high power transmission lines and substations, major gas distribution lines, and sewage treatment collection systems and disposal plants.

Utilities, Minor. Facilities such as television cable, telephone exchanges and pumping stations.

Vacation Rental Unit. One (1) or more dwellings, including either a single-family, detached or multiple-family attached unit, rented for the purpose of overnight lodging for a period of not less than seven (7) nights and not more than 28 days other than ongoing month-to-month tenancy granted to the same renter for the same unit. For the purposes of these regulations, the rental of a vacation rental unit is deemed a residential use as that term may be used but defined in the City Comprehensive Plan or City Code.

Vacation Rental Manager. The person who is proprietor of a transient lodging facility, whether in the capacity of owner, lessee, sub-lessee, or mortgagee in possession, licensee or any capacity. Where the operator performs his functions through a managing agent of any type of character, other than an employee, or where the manager performs his functions through a rental agent, the managing agent or the rental agent shall have the same duties as his principal. Compliance with the provisions of this chapter by either the principal or the managing agent or the rental agent shall be considered to be in compliance by both.

Valve. A device used to control the flow of water in the irrigation system.

Variance. A modification of the zoning regulations when such will not be contrary to the public interest and when, due to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in zoning districts or classifications.

Variance (Floodplain). A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this appendix or the Florida Building Code.

Vehicle. Every device capable of being moved upon a public highway or public waterway and in, upon, or by which any person or property may be transported or drawn upon a public highway or public waterway, including any watercraft, boat, ship, vessel, barge, or other floating craft.

Vehicle/Vessel Sales and Service. The sale or storage of new and used automobiles, and vessels; service stations, paint and body repair shops, automotive repair garages, and including the sales and servicing of any automotive or vessel component.

Very Low-income. One (1) or more natural persons or a family that has a total annual gross income for the household that does not exceed 50 percent of the median annual gross income for households, adjusted for family size, within the City.

Vessel. Any boat or watercraft, including personal watercraft, as defined in Fla. Stat. ch. 327, as amended from time to time, or any successor statute thereto.

Viable. Having the capacity to live and develop, unaided by human intervention, into the indefinite future.

Violation. The failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

Wallpacks means luminaires placed along the outer walls of buildings.

Wastewater Treatment Facility. The use of land and its appurtenances for the treatment, stabilizing, or holding of wastewater collected predominately from other lots or parcels. The wastewater treatment facility includes the collection and transmission system, the wastewater treatment works, the reuse or disposal system, and the residuals management facility.

Wastewater Treatment Collection System. The use of land and its above and below ground installed appurtenances for the collection, transmission, and reuse of wastewater to a treatment facility located on another lot or parcel. The wastewater treatment collection system includes, but is not limited to, pipelines or conduits, pumping stations, vacuum stations, force mains and all other structures, devices, appurtenances, and facilities used for collecting or conducting wastes to an ultimate point for treatment, reuse or disposal.

Water Management District. Any flood control, resource management, or water management district operating under the authority of Fla. Stat. ch. 373. Unless otherwise stated, water management district shall refer to the South Florida Water Management District.

Water-dependent Use. A use or a portion of a use which is dependent on the water by reason of the intrinsic nature of its operations and can not exist in any other location. Examples of water-dependent uses may include ferry and passenger terminals and marinas.

Water-enjoyment Use. A recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to; parks, piers, scuba diving facilities and other improvements facilitating public access to shorelines of the state; and general water-enjoyment uses may include, but are not limited to; restaurants, museums, aquariums, scientific/ecological reserves, resorts and mixed-use commercial; provided, that such uses conform to the above water-enjoyment specifications and the provisions of the master program.

Water-oriented Use. Refers to any combination of water-dependent, water-related, and/or water-enjoyment uses and serves as an all-encompassing definition for priority. "Non-water-oriented" serves to describe those uses which have little or no relationship to theshoreline and are not considered priority uses. Examples include professional offices, automobile sales or repair shops, mini-storage facilities, multi-family residential development, department stores and gas stations.

Water-related Use. A use or a portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because:

1. Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or
2. The use provides a necessary service supportive of the water-dependent commercial activities and that the proximity of the use to its customers makes its services less expensive and/or more convenient.

Waterfront. Any site shall be considered as waterfront property provided that any portion of such property physically abuts any body of water excluding swimming pools and drainage facilities which do not permit any type of sport or recreational pursuit.

Water Use Zone. See Hydrozone.

Wetlands. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and, under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida Keys wetlands generally include tidal marshes, mangrove swamps and other similar areas.

Wholesaling, Warehousing, Storage and Distribution. A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of flammable materials or hazardous wastes.

Wireless Communications. Any form of conveying information between locations without physical connections.

Wireless Communications Facility (WCF) or Facility. Any unmanned facility for the transmission and reception of radio frequency signals, usually consisting of an Antenna or group of Antennas, transmission cables, and Equipment Enclosures, and may include a Tower. The following developments shall be considered a Wireless Communications facility: Developments containing new or existing Towers, City-owned towers, Replacement Towers, Collocations on existing Towers, Attached Wireless Communications Facilities, Stealth Wireless Communications Facilities, and Satellite Earth Stations.

Wireless Communications Services Provider or Provider. Any wireless service provider as defined in the Federal Telecommunications Act of 1996 which includes Federal Communications Commission licensed commercial wireless telecommunications services such as, but not limited to; cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, radio and television broadcast services, and similar services that currently exist or that may be developed in the future.

Wireless Service Facility (WSF). Facility for the provision of personal wireless services, as defined by Section 704 of the Telecommunications Act of 1996. A WSF is any facility for the transmission and/or reception of personal wireless services, which may consist of an antenna array, transmission cables, equipment shelter or building, access road, mount, and a guy system.

Xeriscape or Florida-friendly landscape. Quality landscapes which conserves water and protects the environment and are adaptable to local conditions and which are drought tolerant. The principles of Xeriscape include planning and design, appropriate choice of plants, soil analysis which may include the use of solid waste compost, efficient irrigation, practical use of turf, appropriate use of mulches, and proper maintenance, (Fla. Stat. 373.185).

Yard. The open space existing on the same lot with a principal building, unoccupied and unobstructed by buildings from the ground to the sky, between the lot line and building line.

Yard, Front. The yard extending across the entire width of the lot between the front lot line and the front building line. The lot line of a lot abutting a public street shall be deemed the front lot line. The front yard of a corner lot shall be that yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed. The front yard of a lot existing between two (2) streets not intersecting on a corner of the lot shall be that yard abutting the street on which adjoining properties face, unless otherwise determined on a recorded plat or in a recorded deed.

Yard, Rear. The yard extending across the entire width of the lot between the rear lot line and the rear building line. The rear lot line shall be the lot line farthest removed from the front lot line.

Yard, Side. The yard extending from the front building line to the rear building line between the side lot line and the side building line.

Zero lot line dwelling. A dwelling unit positioned a lot in such a manner that one (1) or more of the building's sides rest directly on a lot line and that all buildings utilize the same side of the lot.

Zoning District. An area identified on the Zoning Map of City of Marathon, Florida, assigned a zoning classification as indicated on said map, consisting of any one of the several zoning districts as set forth and established in these regulations. Reference to the word "district" shall mean zoning district.

(Ord. No. 2014-08, § 4, 6-24-2014; Ord. No. 2019-14, §§ 4—6, 1-14-2020; Ord. No. 2018-10, § 5, 10-23-2018; Ord. No. 2022-20, § 2Exh. A, 9-13-2022)

Terms not defined in this Chapter shall be construed in accordance to their customary usage and meaning.