General:Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this LDC. Terms not otherwise defined herein shall be interpreted first by reference to the Mascotte adopted Comprehensive Plan, if specifically defined therein; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise.

Abandoned Application. An application shall be deemed abandoned when no activity occurs for twelve (12) consecutive months. The City shall issue a Notice of Abandoned Application to the applicant. Any submittal after the issuance of a Notice of Abandoned Application shall constitute a new application.

Abandoned or discontinued sign or sign structure. A sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of twelve (12) months or longer. The following conditions shall be considered as abandonment: (1) a sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed or pays a business tax; (2) a sign which is blank; or (3) the sign has not been maintained. Neither the intention of the owner nor that of any other person or entity to use the sign or sign structure for any nonconforming use shall be taken into consideration in interpreting and construing "discontinuance" as used in this definition.

Abated Application. An application shall be deemed abated when no activity occurs for six (6) consecutive months. The City shall issue a Notice of Abated Application to the applicant. Any submittal after the issuance of a Notice of Abated Application shall require the payment of an Abated Application fee and must comply with any amendments to this LDC and any standard manuals and codes adopted after the last review of the application.

Abutting Property. Any property that is immediately adjacent to or contiguous with property that may be subject to any hearing required to be held under these regulations or that is located immediately across any road or public right-of-way from the property subject to any hearing under these regulations.

Access Classification. A system for assigning the appropriate degree of access control to roadways, based upon roadway function, traffic characteristics, and community development objectives.

Access Management. The process of providing and managing access to land development, while preserving the safety and efficiency of travel on the surrounding roadway system.

Access Management Plan. A plan establishing the preferred location and design of access for properties along a parkway or major roadway.

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

Accessory Structures must blend/match the principal structure they are subordinate to, except for rubber/plastic types of playhouses and garden storage units. All Accessory Structures must go through the required building and permitting process. Accessory Structures under one hundred forty-four (144) square feet are required to obtain a free "Zoning Only" permit. No accessory structure will be allowed unless a principal structure is in place and permitted. Except as may be otherwise set forth in Section 22-7(c)(9) of this Land Development Code, parking garages and parking areas or lots are accessory uses and are not accessory structures.

Accessory Use. The use of land or a structure thereon of a nature customarily associated with and incidental and subordinate to the principal use permitted within the zoning district wherein the land is located. No accessory use will be allowed unless the principal use is in place and permitted.

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

Adult Day Care Center. Any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services to three (3) or more persons who are eighteen (18) years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. This term does not include adult family-care homes as defined by statute.

Adult Entertainment. Any establishment defined within Ordinance 2006-04-423 of the City of Mascotte as it may be from time to time amended.

Adverse Impact to a Wetland. The diminishing of wetland functions caused by a development activity.

Advertising. Sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity, entertainment, or real or personal property.

Advertising display. The advertising display surface area (copy area encompassed within any regular geometric figure which would enclose all parts of a sign).

Affected Property Owner. Any person who resides, owns property, or owns a business within three hundred (300) feet of a property under consideration for development approval by the City.

Affordable Housing. Housing for which the monthly rents or mortgage payments, including taxes and insurance, do not exceed thirty (30) percent of that amount which represents the percentage of the median annual gross income for low-income persons or household (persons or a family that has a total annual gross household income that does not exceed eighty (80) percent of the median annual income adjusted for family size for households within Lake County, Florida, as determined by the State of Florida Bureau of Economic and Business Research - Series 207), and as further defined by Section 420.9071, F.S.

Affordable Housing Unit. Any individual residential dwelling unit that meets the definition of "Affordable Housing."

Agricultural Zoning. Agricultural zoning is a special application of zoning and is used by communities that wish to encourage and protect agricultural production in a designated area, while not negatively affecting surrounding properties.

Alley. Right-of-way providing a secondary means of access and service to abutting property.

Animated sign. A sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.

Applicant. A person or entity which submits an application for development approval to the City, and the person or entity's successors and assigns.

Artwork. A two- or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to convey the name of the business, a product, or a commercial message about the products or services offered on the property upon which the artwork is displayed.

Assisted Care Living Facilities. Any building or buildings, or section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which is licensed pursuant to F.S. ch. 429, pt. I, and which undertakes through its ownership or management to provide housing, meals, and one (1) or more personal services for a period exceeding twenty-four (24) hours to one (1) or more adults and not relatives of the owner or administrator.

Attached Dwellings. Dwelling units which share a common wall or walls and have ground-floor entrances to every unit, including, but not limited to, townhomes, duplexes and triplexes.

Attached sign. Means any sign attached to, on, or supported by any part of a building (e.g., walls, awning, windows, or canopy), which encloses or covers useable space.

Automobile Repair. General repair, engine rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting of motor vehicles.

Automobile Service Station/Gas Station. A place where motor vehicle fuels and lubricants are retailed directly to the public or premises; motor services and the sale of minor accessories are permitted, but repair and rebuilding are prohibited.

Automotive Wrecking or Junkyard. Any place where two (2) or more motor vehicles not in running condition or not bearing current inspection sticker or current license plate, are stored in the open and are not being restored to operation; any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof; and including the commercial salvaging and scavenging of any other goods, articles or merchandise.

Awning sign. See Canopy sign.

Banner. A temporary sign made of wind and weather resistant cloth or other lightweight material, intended to hang either with or without frames or in some other manner as not to be wind activated, and possessing characters, letters, illustrations, or ornamentations applied to paper, plastic or fabric of any kind. Flags shall not be considered banners for the purpose of this definition.

Bar. This term includes tavern, cocktail lounge, nightclub, saloon, and the like. Any establishment wherein alcoholic beverages are sold or dispensed for consumption on premises and where that annul gross revenue from the sale of alcoholic beverages is fifty-one (51) percent or greater of the total gross revenue of the establishment; or any establishment wherein alcoholic beverages are sold or dispensed for consumption or premises which displays a sign that is visible from outside the establishment that advertises alcoholic beverages; or where alcoholic beverages are sold or dispensed for consumption on premises, where private recreational activities are available to the patron of that establishment. Such recreational uses include, but are not limited to, pool tables, dart fames, are hockey, dancing live entertainment, karaoke, pinball or video machines.

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

Base Flood Elevation. The elevation of a flood which has a one (1) percent chance of being equaled or exceeded in any given year. Base flood elevation is also known as the 100-year flood elevation.

Basement: That portion of a building having its floor subgrade (below ground level) on all sides.

Beacon. A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which has the effect of attracting or diverting attention, expect, however, this term does not include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or other similar agency. This definition does not apply to any similar type of lighting device contained entirely within a structure and which does not project light to the exterior of the structure.

Bed and Breakfast Facility. An owner-occupied house, or portion thereof, where short-term lodging and meals are provided for compensation.

Bench advertising sign. An advertising sign appearing on a bench or on or adjacent to a public right-of-way.

Bicycle Parking Facility. A portion of either the vehicle accommodation area or another area designed exclusively for parking bicycles, where the user can lock the frame and both wheels to a stationary object using a lock provided by the user.

Billboard. A sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located.

Block. Includes tier or group and means a group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter, or other name through which it may be identified.

Boat Ramp. Any structure, clearing, or artificially stabilized area that extends to or waterward of the normal high water elevation for the purpose of launching and/or retrieving motorized watercraft.

Buffer. A specified land area, located parallel and within the outer perimeter of a lot or parcel and extending to the lot or parcel boundary line, together with the planting and landscaping required on the land. A buffer may also contain, or be required to contain, a barrier such as a berm, fence, wall or vegetation, or combination thereof, where such additional screening is necessary to achieve the desired level of buffering between various land use activities. A buffer is not intended to be commensurate with the term "yard" or the term "stormwater management area."

Buildable Area. The portion of a lot remaining after required yards have been provided.

Building. A structure designed to be used as a place of occupancy, storage or shelter and includes any substantial structure which by nature of its size, scale, dimensions, bulk or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, gas pumps and overhead canopies or roofs shall be deemed to fall within this description.

Building frontage. For the purposes of computation of number and area of signs permitted on buildings in cases where the lineal feet of building frontage is a determinant, the frontage of a building shall be computed as nearly at ground level as computation of horizontal distance permits. In no instance, other than that allowed in these regulations, shall more than one (1) sign be allowed per building or per business, in the case of multiple businesses in one (1) building, such as a shopping plaza. Building frontage may be used in determining lot frontage.

Building Height. The vertical distance between the average finished grade in front of the building and the top of the highest point of the building.

Building, Principal. A building in which is conducted the main or principal use of the lot on which said building is located.

Bus shelter advertising sign. An advertising sign appearing on a bus shelter or on or adjacent to a public right-of-way.

Bus stop informational sign. A freestanding or attached noncommercial sign located at a bus stop and providing information as to the route, hours or times of service.

Canopy sign. Any sign that is a part of or printed, stamped, stitched or otherwise applied onto a protective awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

Canopy Tree. Any tree indigenous to the state of Florida that grows to a minimum height of forty (40) feet and provides a thirty-foot radius of shade at full maturation.

Capacity (Roads). The maximum number of vehicles that can be accommodated by a given roadway during a specified time period under prevailing roadway, traffic and control conditions at that roadway's adopted level of service.

Car Shade. A nonstructural, easily assembled product sold as a set which provides cover for a singled parked vehicle and that is not designed to withstand a particular minimal wind load.

Carports. An accessory building or an accessory portion of the principal building designed or used for covered parking of motor vehicles, boats, and recreation vehicles (RV's) owned by the occupants of the building to which it is accessory. Carports are open, consisting of a roof and supporting members and a finished foundation and are detached from the main structure. They must match or blend with the existing principal building to which they support. Landscaping may be used to assist with the blending of the carport.

Certificate of Concurrency. Certifies by the City of Mascotte that development will not reduce the adopted level of service standards for infrastructure. The Certificate of Concurrency shall be issued prior to issuance of a development order or permit if there are no deficiencies.

Certificate of Occupancy (C.O.). That certificate issued by the City of Mascotte subsequent to final inspection that all improvements have been completed in conformity with all applicable building and construction regulations in the City and the approved construction plans and specifications and may be used or occupied.

Child Care Facility. A facility or center which provides, for any portion of the day, child care services to more than five (5) children unrelated to the owner or operator and which receives payment, fee, or grant for any of the children receiving care, whether or not operated for profit. This term includes daycare centers, nursery schools, and kindergartens, when not accessory to an elementary school; and does not include any center under the jurisdiction of the State Board of Public Instruction, or any private school except those solely below first-grade level. This term also does not include a family day care home as defined by statute.

Circulation Area. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

Clearing. The removal of vegetation from the land, but shall not include mowing of grass.

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

Commercial Motor Vehicle. Any self-propelled or towed vehicle of any size or weight that is typically used for business or commerce. The term includes commercial motor vehicles which are not currently in use for business or commerce. The term includes and is not limited to passenger motor vehicles, heavy equipment including farm or industrial, wreckers, construction or earth-moving equipment; and truck tractors having dual rear wheels.

Community Redevelopment Area (CRA). A blighted area in the City of Mascotte established in 2005 for redevelopment.

Community Residential Home. A dwelling unit licensed to serve seven (7) to fourteen (14) clients of the State Department of Elderly Affairs, Agency for Persons with Disabilities, Department of Juvenile Justice, Agency for Health Care Administration, or Department of Children and Family Services, which provides a living environment for 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 residential homes are further defined by F.S. ch. 419. This definition shall not include foster family homes for children, clubs, dormitories, fraternities, sororities, monasteries or convents, hotels, residential treatment facilities (Levels I, II or V), nursing homes, emergency shelters, social service homes or halfway houses, or residences for destitute people.

Comprehensive Plan. A currently effective plan of the City of Mascotte adopted and regularly amended in accordance with F.S. ch. 163, and Administrative Rule 9J-5.

Concurrency. Measures the adopted level of service standards for infrastructure which becomes the bench mark to measure the impact of future development.

Concurrency Management System. Establishes the procedures and process that the City of Mascotte will use to assure that development orders and permits, when issued, will not result in a reduction of the adopted level of service standards at the time that the impact of development occurs.

Conditional Use. An order issued by the City Council, or, in limited situations set forth in these land development regulations, an order issued by the City Manager or designee, which allows certain uses within a zoning district that are not generally permissible throughout the district, but which if controlled as to number, area, location, or relation to the neighborhood, could promote the public health, safety, and welfare.

Construction. Any on-site activity which will result in the change of natural or existing drainage patterns, including alteration of existing contours of the property, erection of buildings and other structures on any part thereof, or land clearing.

Construction sign. A temporary on-premise sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, and containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site. Construction signs shall not exceed three (3) square feet in sign area, and three (3) feet in height for residential properties, and sixteen (16) square feet in sign area, and six (6) feet in height for nonresidential properties.

Continue in Good Faith. As used in the LDC, shall mean that the final development order has not expired and that no period of more than six (6) months passes without permit activity. Permit activity shall include application and/or approval of subsequent final development orders or other permits required for project completion.

Controlled Access Facility. As defined by Florida Statutes, a street or highway to which the right of access is highly regulated by the governmental entity having jurisdiction over the facility in order to maximize the operational efficiency and safety of the high-volume through traffic utilizing the facility. Owners or occupants of abutting lands and other persons have a right of access to and from such facility at such points only and in such manner as may be determined by the governmental entity.

Convenience Store (with gas sales). A retail store with gasoline sales containing less than five thousand (5,000) square feet of gross retail floor area that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase relatively few items. It is designed to attract a high volume of stop-and-go traffic. Car wash facilities may be an accessory use, provided design, location and buffering criteria are met.

Convenience Store (with no gas sales). A retail store usually containing less than five thousand (5,000) square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is designed to attract a large volume of stop-and-go traffic. "Jiffy", "7-11", and "Cumberland Farms" chains are examples of convenience stores.

Copy. The linguistic or graphic content of a sign.

Critical Habitat. Habitat which if lost would result in elimination of individual listed species from the area in question. Critical habitat typically provides functions for the listed species during restricted portions of that species life cycle. Habitat includes the place or type of site where a species naturally or normally nested, feeds, resides, or migrates, including for example, characteristic topography, soils, and vegetative cover.

Cross Access. An easement or service drive providing vehicular access between two (2) or more contiguous sites.

Crown. The main mass of branching of a plant above the ground.

Cul-de-sac. A dead end street with a circular turnaround at the end.

Density. The number of dwelling units per gross acre of land, excluding lakes and waters of the State.

Developer. Any person, individual, partnership, association, syndicate, firm, corporation, trust or legal entity engaged in developing or subdividing land under the terms of the City of Mascotte Land Development Regulations. The term developer is intended to include the term subdivider, even though the person involved in successive stages of a development project may vary.

Development or Development Activity. The alteration, construction, installation, demolition or removal of a structure, impervious surface or drainage facility; or clearing, scraping, grubbing, killing or otherwise removing the vegetation from a site; or adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise significantly disturbing or altering soil, mud, sand or rock of a site; or the modification or redevelopment of a site.

Development Agreement. An enforceable and recorded agreement between the City and a developer entered into pursuant to the City's home rule powers under Florida Constitution and F.S. Ch. 166; an agreement entered pursuant to F.S. Ch. 163.3220; an agreement or development order issued pursuant to F.S. Ch. 380 and in accordance with City of Mascotte's City Code of Ordinances, Comprehensive Plan and Land Development Code.

Development Order. An order granting, denying, or granting with conditions an application for approval of a development project or activity.

Development Permit. A development permit is a document issued by the City which authorizes the actual commencement of land alteration or building construction.

Diameter at Breast Height (DBH). The diameter, measured in inches, of a tree measured at four-and-one-half (4 ½) feet above the existing grade.

Directional sign. An on-site noncommercial sign directing the movement of pedestrian or vehicular traffic on the premises where it is located. These signs may use words such as "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like, or arrows or similar graphics. These may be attached or freestanding.

Directory sign. A noncommercial sign which lists the names and locations of occupants or the use of a building, limited to multi-tenant office buildings and complexes.

Discharge. The outflow of water from a project, site, aquifer, drainage basin, or facility.

Dock. Any permanently fixed or floating structure to which a vessel or other water-dependent recreational equipment can be moored and that affords access to a vessel or other water-dependent recreational equipment on or over submerged lands (all those lands lying waterward of the mean high water level) from the adjacent upland property. The term dock is synonymous with boat dock, pier, access pier, terminal platform, mooring pilings, and boathouse, constructed alone or in any combination.

Double-faced sign. A sign which has two (2) display surfaces backed against the same background, one (1) face of which is designed to be seen from one (1) direction and the other from the opposite direction, every point on which face being either in contact with the other face or in contact with the same background.

Drainage Connection. Any structure, pipe, culvert, device, paved or unpaved area, swale, ditch, canal, or other feature whether natural or created which is used or functions as a link or otherwise conveys stormwater runoff or other surface water discharge.

Drainage System. All facilities used for the movement of stormwater through and from a drainage area including, but not limited to, any and all of the following conduits an appurtenant features: canals, channels, ditches, flumes, culverts, streets, as well as all watercourses, water bodies and wetlands.

Dredging, Filling, and Other Related Activities. Any activities which may affect the quality of the waters of the City, such as, the following: draining, digging, pumping, pushing, removing, or displacing, by any means, of material, or the dumping, moving, relocating, or depositing of material, either directly or otherwise, and the erecting of structures, driving of pilings, or placing of obstructions below the mean-high-water mark of any body of water within the City.

Drip Line. An imaginary line on the ground defined by vertical lines, which extend from the outermost tips of the tree branches to the ground.

Driveway. A privately maintained access to residential, commercial or industrial properties. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

Driveway Spacing. The distance between driveways as measured from the closest edge of pavement of the first driveway to the closest edge of pavement of the second driveway along the same side of a roadway.

Drugstore/Pharmacy. A retail establishment where prescription drugs are filled and dispensed by a pharmacist licensed under the laws of the State of Florida. Other items for sale typically include personal care products, greeting cards and gift wrapping materials, books and magazines, snacks, and photography supplies.

Dwelling:

a)

Single-family. A detached family residential dwelling unit other than a mobile home, designed for and occupied by one (1) family only which includes a kitchen and permanent facilities for living, sleeping, and sanitation.

b)

Duplex. A detached family residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families, containing either a common wall or ceiling/floor.

c)

Townhouse. A family residential building designed for or occupied by three (3) or more dwellings that share common vertical walls.

d)

Multiple-Family. Multiple-family dwelling units which are located in a single building, in which the entrances to individual units may be above the first floor, including, but not limited to, garden apartments, residential towers, and multiple upper-story residences which are located in mixed use buildings.

e)

Mobile Home. See definition for Mobile Home.

f)

Modular or Manufactured Home. See Modular or Manufactured Home.

Dwelling Unit. A building consisting of one (1) room, or rooms connected together constituting a separate, independent housekeeping establishment. Said enclosure shall contain independent sleeping, kitchen and bathroom facilities designed for and used, or held ready for use, as a permanent residence by one (1) family.

Easement. Any strip or parcel of land dedicated for public or other private utilities, drainage, sanitation or other specified uses having limitations. The title shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Election sign. A temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the City shall vote.

Erect. To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any way bring into being or establish: but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.

Existing. The average condition at the project site prior to development or redevelopment.

Facade, primary. The side of a building that faces a public right-of-way or has the primary entrance.

Facade, secondary. The side of a building that is not a primary facade and either is visible from a public right-of-way or has a secondary or tertiary entrance.

Family. One (1) natural person, or a group of two (2) or more natural persons, living together and interrelated by bonds of blood, marriage or legal adoption, plus no more than two (2) additional unrelated, natural persons, occupying the whole or part of a dwelling unit as a separate housekeeping unit. A family also may include no more than three (3) unrelated persons living as a single household unit, any lawful foster children, others placed as part of a family through a state agency, or residents protected by the Florida and Fair Housing Act. The persons constituting a family may also include servants and temporary gratuitous guests. "Temporary gratuitous guests" as used herein shall refer to natural persons occasionally visiting such housekeeping unit for a short period of time not to exceed thirty (30) days within a 90-day period.

Fenestration. Doors, windows, and other openings in a building exterior facade for the intended purpose of letting light and air into a building's interior.

Fill. Soil, consolidated or unconsolidated material, deposited on land or in water.

Fixed aerial advertising sign. Any aerial advertising medium that is tethered to the ground.

Flag. Any fabric, or similar material, or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity and which is not a banner.

Flagpole. A pole on which to raise a flag.

Flashing sign. A sign that permits light to be turned on or off intermittently more frequently than once per minute.

Floodplain. Any land area susceptible to being inundated by water from the 100-year flood. As used in this LDC, the term refers to lands lying within the flood hazard areas delineated on Federal Emergency Management Agency, Federal Insurance Administration (FEMA/FIA) Flood Insurance Rate Maps and Floodway and Flood Boundary Maps. Flood plain areas are also designated in the Comprehensive Plan. If the FEMA/FIA maps are over five (5) years old and significant development has occurred in the watershed area, actual field conditions will be surveyed by the Applicant. Findings of the survey shall be provided to the FEMA. The "floodplain" designation shall be removed for floodplain areas that have been altered in accordance with this LDC or other sections of the LDC so that the elevation no longer falls within the floodplain.

Floodway. The channel of a river or another watercourse and the adjacent land areas that must be traversed in order to discharge the 100-year flood.

Floor Area, gross. The total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls.

Floor Area Ratio (FAR). The total area of all floors of a building intended for occupancy or storage divided by the total site area. Floor area ratio applies to nonresidential uses.

Free expression sign. A sign, not in excess of three (3) square feet in size (area) and the top of the sign is not more than three (3) feet off the ground if freestanding and communicating information or views of concern to the owner of the sign, or containing any other noncommercial message, that is otherwise lawful.

Freestanding sign. A sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure.

Front Foot, Building. Each foot or portion thereof, of a building measured along the side of the building which faces the primary frontage. Where buildings form an "L" or "U", all main entry sides are measured.

Front Foot, Property. Each foot, or portion thereof, measured along the public right-of-way where the subject property abuts said right-of-way.

Funeral parlor. A premises, structure or site used as a commercial establishment for the preparation of deceased humans for burial and/or for the conduction of funeral services prior to burial or other disposition of deceased human remains. Such a premises, structure or site shall not be used for the burial, prolonged storage or permanent disposition of deceased human remains.

Garage Apartment. An accessory or subordinate single dwelling unit, not a part of or attached to the principal dwelling unit, containing living facilities for not more than one (1) family.

Garage or yard sale or garage-yard sign. Any on-site temporary sign pertaining to the sale of personal property in, at or upon any residentially-zoned property located in the City. Garage or yard sales shall include, but not be limited to, all such sales, and shall include the advertising of the holding of any such sale, or other offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, attic sale, rummage sale, patio sale, moving sale, or any similar designation.

Garage, private. An accessory building or an accessory portion of the principal building designed for inside parking of motor vehicles, boats, and recreational vehicles (RV's) owned by the occupants of the building to which it is accessory.

Glare. The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance or visibility. The two (2) types of glare are as follows:

a)

Disability Glare. Glare that reduces the ability to see or identify objects.

b)

Discomfort Glare. Glare that produces ocular discomfort, but does not reduce the ability to see.

Gross Area. The total area of a site.

Gross Floor Area (GFA). The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. The term gross floor area shall include basements; elevator shafts; stairwells at each story; floor space used for mechanical equipment with structural headroom of six (6) feet, six (6) inches or more; penthouses; attic space whether or not a floor has actually been laid, providing structural headroom of six (6) feet, six (6) inches or more; interior balconies; mezzanines.

Gross Land Area. The total land area of a site, not including water bodies.

Ground sign. Any sign which is supported by structures or supports in or upon the ground and independent of support from any building; however, a ground sign shall include any sign which is partially supported by structures or supports in or upon the ground and independent of support from any building.

Guest Cottage. A detached building or an attached suite located on the same premises of the main residential building, intended for intermittent or temporary occupancy by nonpaying guests for a short period of time not to exceed thirty (30) days within a 90-day period or permanent occupancy by a non-paying family member. The main residential building must have a Certificate of Occupancy before a guest cottage may be approved.

Holiday and seasonal decorations. Temporary decorations that pertain to legal or other recognized holidays or to a season of the year.

Holographic display sign. An advertising display that creates a three-dimensional image through projection.

Home Occupation. A home occupation is an activity for profit carried on in the main dwelling unit, where the activity is conducted only by members of the family living within the residence, requiring only customary home equipment; involving the employment of no nonresident help; and not involving the trading of merchandise on the premises. No commercial vehicles are kept on the premises or parked overnight on the premises unless otherwise permitted by these regulations.

Home Owners Association (HOA). A homeowners' association is a corporation created under the laws of Florida to operate and manage a residential community pursuant to F.S. Ch. 720.

Hotel. A building or a group of buildings containing sleeping accommodations or efficiency units in which transient guests are lodged on a short-term basis. (For the purposes of this ordinance, hotel and motel shall have the same meaning.)

Identification sign. Any structural device, display board, screen, surface, or wall with characters, letters or illustrations placed, by any method or means whatsoever, where the material displayed is used only to indicate to the public the legal or exact firm name or the character of the business carried on therein. Identification signs are subject to the size and height restrictions delineated elsewhere in this Code. An identification sign is differentiated from a directory sign in that the identification sign identifies the occupant or use of an individual address or business premises. Individual addresses or business premises may have both an identification sign and a directory sign.

Illuminated sign. Any sign or portion thereof which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.

Impervious Areas. Those hard-surfaced areas which either prevent or retard the entry of water into the soil mantle, as it entered under natural conditions prior to development, and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly impact the natural infiltration or runoff patterns which existed prior to development, including normal water in ponds and lakes.

Impervious Surface. A surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes most conventionally surfaced streets, roofs, sidewalks, parking lots, patios, wet pond surface areas at normal or control elevation, fifty (50) percent of water surface of swimming pools, and other similar nonporous surfaces, but does not include dry bottom stormwater facilities or wood decks over soil (with spaces between planks). Any determinations regarding permeability of material or surface shall be at the sole discretion of the city engineer or designee.

Impervious Surface Ratio (ISR). A figure normally expressed as a percentage, calculated by taking the total amount of impervious surfaces on a site/lot and dividing that by the total site/lot area.

Improvements. Street pavement, curbs, and gutters, sidewalks, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent reference monuments, permanent control points and any other construction required by the City.

Internally illuminated sign. Any sign which has the source of light entirely enclosed within the sign not visible to the eye.

Kennel. A place where dogs and other small animals and house pets are kept, sheltered, boarded, bred, or groomed for compensation.

LOS. Level of Service.

Land Development Code (LDC). Regulations and laws adopted by City Council via a City Ordinance, dealing with land related items that support the City's Comprehensive Plan.

Landscape Feature. Any improvement or vegetation including, but limited to: outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks, planters, planting, gates, street furniture and exterior lighting.

Land Use Plan. For all intents and purposes of this Land Development Codes; Land Use Plan and Preliminary Plan are one and the same.

Level of Service (LOS). An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility.

Livestock. All animals of the equine, bovine, or swine class including, but not limited to, goats, sheep, mules, horses, hogs, cattle and other grazing animals.

Living Area, Dwelling Unit. The habitable area, calculated by using inside measurements, within a dwelling unit, which is completely enclosed by masonry, wood or glass. Garages, carports, utility rooms and unenclosed porches are excluded from the living area.

Loading Space, off-street. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking.

Lot. For purposes of the LDC, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on or access to an improved public street, or an approved private street.

Lot, Flag. Lots or parcels that the City has approved with less frontage on a public street than is normally required.

Lot Frontage. The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to a street shall be considered frontage, and yards shall be provided as indicated under "yard" in this section.

Lot Measurements:

a)

Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

b)

Width of a lot shall be considered to be the distance between the side lot lines measured at the front building line and parallel to the front lot line.

Lot of Record. A lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot Types. The following types of lots are defined to clarify terminology used later in the LDC:

a)

Corner Lot. A lot at the intersection of two (2) or more streets or along a single street that forms its own corner and provides frontage along two (2) sides of the same lot. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.

b)

Interior Lot. A lot other than a corner lot with only one (1) frontage on a street.

c)

Through Lot. A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.

d)

Reversed Frontage. A lot on which the frontage is at right angles or approximately right angles (interior angle less than one hundred thirty-five (135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot, or a through lot.

Machinery and Equipment Signs. Any sign that is integral to the machinery or equipment and that identifies the manufacturer of the machinery or equipment that is placed on the machinery or equipment at the factory at the time of manufacture.

Maintenance. The repairing or repainting of a portion of a sign or sign structure, periodically changing changeable copy, or renewing copy, which has been made unusable by ordinary wear.

Manufactured Home. (see also Mobile Home) A residential dwelling unit fabricated in an off-site factory and transported, in one (1) or more pieces, to the final site where it is assembled, with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards. The terms "mobile home" and "manufactured home" may be utilized interchangeably in this Land Development Code.

Manufactured/Mobile Home Park. A Manufactured/Mobile Home Park in the City of Mascotte is required to develop under a Planned Unit Development (PUD) and include all typical development amenities the same as a site-built home subdivision.

Marquee. A structure projecting from and supported by a building which extends beyond the building line or property line and fully or partially covers a private sidewalk, public entrance or other pedestrian way.

Marquee Sign. Any sign attached to a marquee.

Massing. The overall bulk, size, physical volume or magnitude of a structure or project.

Medical Marijuana Dispensing Organization. An entity, including buildings and other physical improvements, approved by the State of Florida under F.S. § 381.986, to cultivate, process, transport, and dispense low-THC cannabis or medical cannabis.

Medical Marijuana Treatment Center. As defined by Article X Section 29 of the Florida Constitution and further defined by any Florida Statute or Administrative Code Section implementing Article X Section 29. More specifically, an entity, including buildings and other physical improvements, that is registered as such by the State of Florida under Florida Statute and/or Florida Administrative Code; that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products including marijuana, related supplies, or educational materials to qualifying patients or their caregivers in accordance with Florida Statute and/or Florida Administrative Code; and that legally operates as permitted by Florida Statute and/or Florida Administrative Code.

Menu Display Sign. A fully enclosed or otherwise protected from the elements sign structure, including, but not limited to, a box, shadow box or cabinet, attached to a wall or freestanding, which is used solely for the purpose of displaying restaurant menus. A menu display sign may be used for a restaurant without drive-through service and for transient lodging facilities which have restaurant facilities open to the general public in addition to the registered guests. Menu display sign structures shall be limited to one (1) per establishment.

Menu Sign, Drive-In. An attached sign that is located at each drive-in stall or bay of a restaurant and which may provide a mechanism for ordering the products while viewing the sign from a vehicle.

Menu Sign, Drive-Through. A sign placed so as to be viewed from a drive-through lane and which contains only a listing of the products, with prices, offered for sale by the restaurant where the sign is located and which may provide a mechanism for ordering the products while viewing the sign from a vehicle.

Mining or Quarrying. Extraction of natural resources, together with structures, machinery, equipment, and facilities incidental thereto, including, but not limited to, extracting, processing, storing, selling and distributing of sand, clay, gravel, etc., and peat and muck recovery and processing. Includes premining activities but shall not be deemed to include activities associated with environmental monitoring or the sinking or operation of test wells and similar activities.

Mobile Food Dispensing Vehicle means any vehicle, cart, and/or trailer that is a 'public food service establishment' as defined by Chapter 509, Florida Statutes and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal.

Mobile Home. A residential dwelling unit that is transportable and constructed to standards set by the United States Department of Housing and Urban Development, which includes plumbing, heating, air conditioning, and electrical systems contained therein. A travel trailer is not a mobile home. On a City lot in the City of Mascotte a Manufactured/Mobile Home must, at a minimum, be of the industry standard double-wide width, must be placed on a concrete slab and have a masonry/brick curtain wall. An attached or detached garage is also required, as are conventionally built homes.

Monument Sign. A freestanding sign whose ratio of width of sign to width of support is less than three (3) to one (1) and is subject to all other restrictions as applicable elsewhere in this Code.

Motel. A building or a group of buildings containing sleeping accommodations or efficiency units in which transient guests are lodged on a short-term basis. (For the purposes of this ordinance, hotel and motel shall have the same meaning.)

Multiple Frontage Property. A lot or parcel that is contiguous to more than one (1) public right-of-way, being either a corner lot or a through lot.

Nameplate Sign or Occupant Identification Sign. An attached wall sign indicating the name and/or profession or address of a person or persons residing on the premises where the sign is located or legally occupying the premises where the sign is located.

Net Buildable Area. Gross land area minus the required open space minus any additional wetlands not part of the required open space acreage.

Noncommercial Message. Any message which is not a commercial message.

Nonconforming:

a)

Lot. A lot existing at the effective date of this Code (and not created for the purposes of evading the restrictions of this Code) that does not meet the minimum area requirement of the district in which the lot is located.

b)

Structure. Existing improvements which do not meet required parking and loading regulations, height regulations, area regulations, etc. for the district in which they are located.

c)

Use. Any building or land lawfully occupied by a use at the time of adoption of this Code that does not conform with the use regulations of the district in which it is situated.

d)

Sign. A sign lawfully existing in the City before the adoption of this sign code that does not conform to the requirements of this sign code. A sign not lawfully existing prior to the adoption of this sign code shall not be considered a nonconforming sign.

Nonconforming Sign. A sign which does not conform with the regulations contained in this Code.

Nonstatutory Lot Splits. Nonstatutory lot splits occur when two (2) lots are created from a larger platted lot; each proposed lot must conform to the requirements of these Regulations; each lot shall front entirely on a publicly maintained road and conform to the required minimum lot dimensions for the land use district where the lots are located; if any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in these regulations, the owner shall be required to dedicate the required right-of-way necessary to meet the minimum design standards.

Nursing Home. A home for the aged, chronically ill, or incurable persons in which three (3) or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Office, Professional. An office for such uses as architects, engineers, attorneys, accountants, physicians, lawyers, dentists, and others who provide consultant and medically-related services.

Off-Site Permanent Monument Identification Sign. A permanent monument sign that identifies a residential or commercial subdivision, office park, shopping center, agricultural parcel, industrial subdivision, or industrial park, located within one hundred (100) feet of the location of such sign, and that contains no other copy other than the identification of such development. This sign-type shall not be considered a billboard.

Off-Street Parking. A parking area designed, constructed, or utilized for the temporary storage or parking of motor vehicles. Required off-street parking shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley.

On-premises Sign or On-site Sign. Any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which it is located.

Open Space. Open Space is a portion of the gross land area dedicated to the public, a homeowner's or property owner's association, or the owner of individual small lot developments, unencumbered by any structure, road, or other impervious surface, to include unfenced stormwater retention ponds which are designed as site amenities, buffer areas, and recreation areas. In addition, up to fifty (50) percent of the open space for any one (1) project may be comprised of wetland areas.

Within the Green Swamp, Open Space is defined as a portion of the gross land area that remains unencumbered by any building, canopy, roadway, pavement, or other impervious surfaces and remains open from the ground to the sky. Floodplain and wetlands may be included in the calculation of open space. Surface waters shall not be included in the calculation of open space. Stormwater management ponds, other stormwater management improvements, and on-site sewage disposal systems may be located within the designated open space.

Parking area. An area, excluding public rights-of-way, dedicated for motor vehicular parking, including parking that is associated with and incidental to the permitted principal development on the parcel. The terms parking area and parking lot are used interchangeably. Except as may be otherwise set forth in Section 22-7(c)(9) of this Land Development Code, parking areas are uses accessory to the principal uses of the parcels on which the parking areas or lots are located.

Parking Area Aisles. That portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

Parking lot. See parking area.

Parking Space. A portion of the vehicle accommodation area or bicycle parking facility set for the parking of one (1) vehicle or one (1) bicycle.

Pennant. Any series of small flag-like or streamer-like pieces of cloth, plastic, paper or similar material attached in a row to any staff, cord, building, or at only one (1) or two (2) edges, the remainder hanging loosely.

Permanent Sign. Any sign which, when installed, is intended for permanent use. For the purposes of this division any sign with an intended use in excess of three (3) months from the date of installation shall be deemed a permanent sign unless otherwise indicated elsewhere in this Code.

Personal Services. An establishment that primarily provides services generally involving the care of a person or his or her apparel, such as barber shops, beauty salons, day spas, seamstress shops, shoe repair, and dry cleaning shops.

Pick-Up Windows. A window within a principal use used for the sale and dispensing of food, refreshments, and/or beverages to persons, who have placed an order for food, refreshments, or beverages from a location other than the establishment or premises where the food is prepared. Pickup windows shall not mean or include drive-in restaurants and refreshment stands as defined by this Code, and said definitions shall be mutually exclusive.

Planned Unit Development (PUD). A zoning classification that consists of mixed land uses and intensities within a development community, with the objective to encourage walkable communities, discourage sprawl, practice conservation of the environment, and reduce public investment in the provision of services. PUDs also place an importance on flexible and creative site design, public amenities, and building aesthetics.

Plat. A map or delineated representation of the subdivision of lands; a complete exact representation of the subdivision and other information in compliance with all applicable statutes and regulations.

Playhouses. Very small buildings constructed for the use by children to play in.

Pole Sign. A freestanding sign whose ratio of width of sign to width of support is equal to or greater than three (3) to one (1).

Portable Sign. Any sign, banner, or poster that is not permanently attached to the ground or to a structure that is attached to the ground. For purposes of this division, a cold air inflatable sign shall be considered to be a portable sign.

Potable Water. Water which is satisfactory for drinking, culinary, and domestic purposes and which meets the quality standards of the Florida Department of Environmental Regulation.

Primary Frontage. The public right-of-way which is identified as the address of the premises.

Principal structure. A structure occupied by the principal use.

Principal use. The primary purpose for which the premises is intended to be used.

Project. The particular structures and improvements to a site proposed by an applicant on a particular land area which may be part of a common plan of development and shall include the subdivision of land.

Projecting Sign. Any sign affixed perpendicular to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall.

Real Estate Sign. A temporary sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.

Recombination of Lots. The combination of previously platted lots (not considered a subdivision) re-united as one (1) lot when the owner executes and records a "lot combination agreement" and meets the specified criteria depicted in the City of Mascotte Land Development Code.

Record Drawings. The site plans specifying the locations, dimensions, elevations, capacities and capabilities of structures or facilities as they have been constructed. Record drawings must be signed and sealed by a professional engineer registered in the State of Florida.

Recreation:

a)

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

b)

Passive Recreation. Recreational uses, areas or activities oriented to noncompetitive activities that either require no special equipment or are natural areas. Bird watching, bicycle riding, and nature walks are examples of passive recreational activities.

Recreation Vehicle (RV). Recreational vehicle means any vehicle 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.

Restaurant. An establishment where food is ordered from a menu, prepared, and served for pay primarily for consumption on the premises. The sale of beer, wine, and liquor for consumption on premises is incidental to the sale of food. At least fifty (50) percent of the establishment's gross revenue is derived from the sale of food and non-alcoholic beverages. An establishment that derives greater than fifty (50) percent of its gross annual revenue from the sale of alcoholic beverages or an establishment with drive-in or drive-thru services is not a restaurant.

Restaurant, Carry-out. This term includes delicatessens, sandwich shops, and the like:

a)

An establishment where food and beverages are prepared and sold primarily for consumption off-premises, where ordering and pickup of food takes place inside the establishment.

b)

An establishment with drive-in or drive-thru services is not a carry-out restaurant.

Restaurant, Fast Food. Establishments where food and nonalcoholic beverages are sold in a form ready for consumption, where ordering and pickup of food may take place either inside the establishment or from an automobile, and where a significant portion of consumption is designed to take place off-premises.

Revolving Sign or rotating sign. Any sign that revolves or rotates.

Right-of-Way (R-O-W). Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, access or other purpose by the public, certain designated parties, or governing body. "Right-of-Way" shall exclude easements.

Roadway Classification. A system used to group roadways into classes according to their purpose in moving vehicles and providing access.

Roof Sign. Any sign erected and constructed wholly on or over the roof of a building, and which is supported by the roof structure, or any sign that extends in whole or in part above the roofline of a building.

Safety Sign. See Warning sign.

Screen Enclosure. A building or part thereof, in whole or in part self-supporting, and having walls of insect screening with or without removable vinyl or acrylic wind break panels and a roof of insect screening, plastic, aluminum or similar lightweight material.

Septic Tank. An individual sewage disposal system approved by the County Health Department and serving only one (1) lot.

Service Station: Any building structure or land used for the dispensing, sale or offering for sale at retail any automobile fuels, oils, or accessories. General automotive servicing, as distinguished from automotive repair, may also be performed.

Shed/Storage Building. A detached small building used for storage. These buildings are generally discouraged, however, can be considered if construction meets all building code requirements and if they match the primary structure.

Shopping Center. Any nonresidential building or development occupied by two (2) or more retail tenants on one (1) premises.

Sidewalk. That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.

Sight Distance Triangle. The triangular area required on any intersection corner to permit a vehicle operator an unobstructed view of the crossing roadway for a minimum sight distance in either direction.

Sign. Any surface, fabric, device or display which bears lettered, pictorial or sculptured matter, including forms shaped to resemble any human, animal or product, designed to convey information to the public and which is not artwork as defined herein or architectural detail as defined herein. For the purposes of these regulations, the term "sign" shall include all structural members. A sign shall be construed to be a display surface or device containing organized and related elements composed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign. In the case of a permanent sign made of any fabric or other nonrigid material the sign shall conform to each specification for such signs found elsewhere in the Code.

Signable Area. The total surface area on a single plane of a wall or window, or similar structure, or a building facade where a sign may be located under this Code.

Signable Area, Wall. For purposes of determining the maximum size (area) allowed for a wall sign, signable wall area is the continuous portion of a single plane of wall surface that is unbroken by doors, windows, or openings.

Sign Area. That area enclosed by one (1) continuous line, connecting the extreme points or edges of a sign. This shall be determined by using the largest area of outline visible at any one (1) time from any one (1) point. This does not include the main supporting sign structure, but includes all other ornamental attachments, connecting links, etc., which are not a part of the main supports of the sign.

Sign, Maintenance. The replacing, repairing, or repainting of a portion of a sign structure, periodically changing copy, or renewing copy which has been made unusable by ordinary wear or weather or accident. The replacing or repairing of a sign or sign structure of which twenty-five (25) percent or more of the total areas has been damaged (as determined by the City Manager or designee) shall not be considered maintenance.

Sign, Traffic Control Device. See Traffic control device sign.

Site Plan. An illustration of the details of development of areas such as commercial, industrial, recreational, multifamily residential and other uses not being platted.

Snipe Sign. Any sign tacked, nailed, posted, pasted, glued or otherwise attached to telephone poles, utility poles, trees or fences, with the message appearing thereon not applicable to the present use of the premises upon which the sign is located. Specifically excluded are holiday and seasonal decorations attached to utility poles in the right-of-way when such decorations are authorized by the utility company and installed by the City for the benefit of the citizens.

Solid Waste Facilities. For purposes of solid waste facilities such as dumpster areas, the gate that opens the area for solid waste pick up shall consist of a mechanism of device to ensure the gate closes and latches on its own.

Spillover. The casting, reflecting or transmission of light or glare beyond the boundaries of the property.

State Planning Agency. As related to the Green Swamp, the Area of Critical State Concern staff within the Florida Department of Economic Opportunity, Division of Community Development, or any successor agency.

Statutory Sign. A sign required by any statute of the State of Florida or the United States.

Street Address Sign. Any sign denoting the street address of the premises on which it is attached or located.

Street, Alleys. Alleys are minor ways, which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

Street, Arterial. A street which provides the highest degree of mobility and largest proportion of total travel. Arterial roadways have higher design standards than other roads. They often have multiple lanes and some degree of access control.

Street, Collector. A street which provides a mix of mobility and land access functions, linking major land uses to each other and/or to arterial roadways. On-street parking is only allowed in cases where there is additional right-of-way and a safety problem will not be created. Access is managed to minimize the number of driveways.

Street, Cul-de-sac. Cul-de-sac streets mean minor streets having only one (1) open end providing access to another street; the closed end provides a turnaround circle for vehicles, no other street interests between the two (2) ends, and property fronts on both sides of the street.

Street, Dead-end. Minor streets similar to cul-de-sacs except that they provide no turnaround circle at their closed end, and are not permitted in any proposed subdivision. Stub streets, planned for future continuation, are not considered to be dead-end streets.

Street, Local. A street with land access as its primary function. In general, on-street parking is allowed and access is unlimited, subject to driveway spacing restrictions.

Street, Public. Any public thoroughfare, street, avenue, boulevard or space which has been dedicated or deeded for vehicular use by the public.

Street Vendor. Any person who shall sell food, flowers, non-alcoholic beverages only, and/or other goods or services from a mobile vending unit, in the commercially zoned areas of the city.

Structural Alteration. Any change in a supporting member of a building, such as bearing walls, columns, beams, or girders or any substantial change in the roof or exterior walls.

Structure.

(1)

Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location. Among other things, structures include buildings, boat docks, boat ramps, mobile homes, walls, fences, roads, walkways, paths, swimming pools, tennis courts, pipelines, underground transmission lines, sheds, and other accessory structures, but excluding parking areas, which are accessory uses (except as may be otherwise set forth in Section 22-7(c)(9) of this Land Development Code).

(2)

With regards to floodways, any construction that diminishes the functional floodway capacity as determined by FEMA.

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

Subdivider. Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

Subdivision. The division of a parcel of land pursuant to state law, whether improved or unimproved into three (3) or more lots or parcels of land for the purpose of sale or building development (whether immediate or future) and including all divisions of land involving the dedication of a new street or a change in existing streets.

Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include 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.

Subsurface Drain or Underdrain. A conduit, such as perforated pipe, installed beneath the ground surface and which collects or conveys water by gravity to an outfall.

Temporary Sign. A sign intended for a use not permanent in nature. For the purposes of this division, a sign with an intended use of three (3) months or less shall be deemed a temporary sign unless otherwise indicated elsewhere in this Code.

Temporary Structures. Any structure which is designed, constructed, and intended to be used on a short-term basis, such as a field or sales office, contractor's office, etc.

Temporary Uses. A temporary use is one established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.

Trades and Skilled Services. Occupations typically requiring manual or mechanical skill, in which standards have been set to promote quality work and skill excellence among trades people. Trades people are typically trained through an apprenticeship.

Traffic Control Device Sign. Any sign located within the right-of-way that is used as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. A traffic control device sign includes those signs that are.

Umbrella Sign. A sign printed on umbrellas used for legal outdoor eating and drinking establishments, push-carts, sidewalk cafes and which is made of a lightweight fabric or similar material.

Understory Tree. Any indigenous tree that is not a canopy tree but grows to a minimum height of fifteen (15) feet.

Use. The activity or function that actually takes place or is intended to take place on a lot.

Variance. A variance is a relaxation of the terms of these regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

Vehicle Sign. Any sign or signs where the total sign area covers more than ten (10) square feet of the vehicle.

Volume (Traffic). The number of vehicles to pass a predetermined location during a specified period of time.

Wall, Exterior. A wall, bearing or nonbearing, which is used as an enclosing wall for a building, but which is not necessarily suitable for use as a party wall or fire wall.

Wall, Party. A wall on an interior lot line, used or adapted for joint service between two (2) buildings.

Wall, Retaining. A wall designed to prevent the lateral displacement of soil or other material.

Wall Sign. A sign which is fastened or affixed to the wall of a building with its face in a parallel plane with the plane of the building facade or wall.

Warning Sign or Safety Sign. A sign which provides warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).

Water Body. Any natural or artificial pond, lake, reservoir, or other area which ordinarily contains water and which usually has a discernible shoreline.

Wellhead Primary Protection Zone. All land within a five hundred-foot radius of an existing or designated protected wellhead.

Wellhead Secondary Protection Zone. All land within a one thousand-foot radius of any public wellhead.

Wellhead Zone of Exclusion. All land within a two hundred-foot radius of an existing or designated protected wellhead.

Wetland Boundary. That line or point where: (1) vegetative species shift from dominantly wetland to dominantly upland species; (2) highly organic and muck soils change to sandy upland soils; and (3) flooding or inundation condition indicators are no longer present.

Wetland Compatible Development. Those activities which do not cause a diminishing of wetland functions.

Wetland Mitigation/Compensation. Development activities which will result in greater wetland or environmental benefit than with the strict application of performance standards.

Wetlands. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Wholesale Sales. On-premises of goods primarily to customers engaged in the business of reselling the goods.

Window Sign. Any sign mounted or placed in any fashion on the interior or exterior of the surface of a window, and intended to be seen from the exterior.

Wind Sign. A sign which uses objects or material fastened in such a manner as to move upon being subject to pressure by wind, and shall include, pennants, ribbons, spinners, streamers or captive balloons, however, the term "wind sign" shall not include flags.

Yard. An open space on the same lot with a building, said space being unoccupied and unobstructed from the ground upward, with the exception of trees and other vegetation. Fences, walls, children's play equipment and other customary yard accessories may be permitted in rear and side yards and some front yards subject to height, visibility limitations and other requirements of this Code.

a)

Front Yard. A yard extending between side lot lines, parallel across the front of a lot adjoining a street. In cases of through lots and corner lots, front yards shall be provided on all frontages. The minimum front building setback distance shall be maintained at every point along the street.

b)

Rear Yard. A yard extending across the rear of the lot between the side lot lines. In the case of through lots, there will be no rear yard. The depth of the rear yard shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The rearmost point of the side lot line in the case of rounded or irregular property corners shall be assumed to be the point at which the side and rear lines would have met without such rounding or irregularity.

c)

Side Yard. A yard extending from the rear line of the required front yard to the front line of the rear yard, or in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards will extend from the rear lines of the required front yards. In the case of corner lots, there may be only one (1) side yard, and that yard will be the yard(s) remaining after providing two (2) front yards and designating a rear yard.

d)

Minimum Yard. In addition to other yard requirements, a minimum yard equal in depth to the established district building setback shall be provided parallel to all property lines. Accessory uses may be allowed within the minimum yard area in accordance with the Land Development Code.

Zoning Only Permits. Zoning only permits are permits the City issues in accordance with Table 3-1, Zoning Regulations, to insure that setbacks and impervious surface requirements are checked by City Staff for fences, small manufactured sheds, playhouses and other items.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2008-07-466, § 1, 8-4-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2012-08-508, § 2, 9-6-12; Ord. No. 2014-10-527, § 3, 10-20-14; Ord. No. 2017-01-556, § 3, 3-20-17; Ord. No. 2017-01-557, § 3, 2-6-17; Ord. No. 2017-11-573, § 2(Exh. A), 11-14-17; Ord. No. 2017-12-578, § 4, 12-5-17; Ord. No. 2018-08-583, § 2, 8-7-18; Ord. No. 2018-09-586, § 2(Exh. A), 9-26-2018; Ord. No. 2020-02-600, § 2, 2-4-20; Ord. No. 2020-12-610, § 2, 12-1-20; Ord. No. 2021-11-626, § 2, 11-2-21)

Editor's note— Ord. No. 2018-09-586, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-573, but provided an updated effective date of September 26, 2018.