This land development code shall be entitled, "Land Development Code" or "Zoning Code" of the city. The terms "this subpart B," or "this code," when used in this subpart B shall refer to the city land development code, unless the context requires otherwise.

(LDC 1997, ch. 1, § 1.03)

This land development code is enacted pursuant to the requirements and authority of F.S. § 163.3202, (the Local Government Comprehensive Planning and Land Development Regulation Act), the city Charter, effective January 6, 1976, and the general powers in F.S. ch. 166 (city government), or as amended.

(LDC 1997, ch. 1, § 1.04)

The city has developed this unified land development code to implement the comprehensive plan and to streamline the development review process. This land development code sets forth regulations, requirements and procedures governing the use and development of land for the purpose of protecting the health, safety and general welfare of the citizens of the city and to enhance the appearance, function and livability of the city, to the end of improving the overall quality of life within the community.

(LDC 1997, ch. 1, § 1.05)

This land development code incorporates new authorizations, requirements and regulations to implement the objectives and policies of the comprehensive plan and to ensure that all land development activities within the city are consistent with and further the goals, objectives, policies, land uses, densities and intensities in the city's comprehensive plan.

(LDC 1997, ch. 1, § 1.06)

The provisions of this land development code shall apply to all development of land within the corporate limits of the city, as now or hereafter defined, and all areas under jurisdiction of the city for land use planning and development control as specified in any applicable interlocal planning agreements.

(LDC 1997, ch. 1, § 1.07)

In the interpretation and administration of this land development code, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Deemed neither to limit nor repeal any other powers granted under state statutes; and

(3)

Liberally construed in favor of the city.

(LDC 1997, ch. 1, § 1.08)

A more specific provision of this land development code shall apply in lieu of a more lenient or conflicting general provision.

(LDC 1997, ch. 1, § 1.09)

In the case of conflict within this land development code or between this land development code and other codes or ordinances, the language or provision which is most restrictive or imposes the highest standard shall apply.

(LDC 1997, ch. 1, § 1.10)

If any provision of this land development code or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the land development code which can be given effect without the invalid provision or application, and to this end the provisions of this land development code are declared severable.

(LDC 1997, ch. 1, § 1.11)

The provisions of this subpart B shall be effective on November 27, 2001.

(LDC 1997, ch. 2, § 1.02)

(a)

The singular includes the plural and vice versa.

(b)

The masculine includes the feminine and neuter and vice versa.

(c)

The present tense includes the future.

(d)

The term "shall" is mandatory and the term "may" is permissive.

(e)

The term "person" includes an individual, child, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, and all other groups or combinations.

(f)

The term "writing" includes handwriting, printing, typewritten, and all other methods and means of forming letters and characters upon paper.

(g)

The term "lot" includes the words parcel of land, plot, or tract.

(h)

The term "land" includes the words water, marsh, swamp, gross land area, and gross acre of land.

(i)

The word "street" includes the words avenue, highway, road, boulevard, thoroughfare, ingress/egress easement, public right-of-way, private right-of-way, or other similar words.

(j)

All words and terms defined in any code adopted by reference are hereby incorporated in this land development code. However, if a word is also defined in this subpart B, the latter definition shall apply in all cases except when interpreting the referenced code.

(k)

All words not defined in this land development code shall carry their customary meaning as found in Webster's Unabridged Dictionary, latest published edition.

(LDC 1997, ch. 2, § 1.03)

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

AASHTO means American Association of State Highway and Transportation Officials. Any reference to AASHTO standards shall be taken to mean the most recently published revision unless otherwise specified.

Abandon means to cease actively using a structure for a period of six months or more.

Abandoned sign means:

(1)

Any sign face which advertises a business no longer conducted or product no longer sold. In making the determination that a sign advertises a business no longer being conducted, the city shall consider the existence or absence of a current business tax receipt, utility service deposit or account, use of the premises, and relocation of the business.

(2)

Any sign structure which has not been used for business purposes for over six months, and that is nonconforming according to existing codes regarding height, setback or sign area.

(3)

Any previously portable or temporary sign for which the permitted time has expired.

Abandoned vehicle means the relinquishment of a vehicle, or a cessation of the use of a vehicle, by the owner or lessee without any intention of transferring rights to the vehicle to another owner or of resuming the use of the vehicle. A vehicle without a current registration shall be considered abandoned.

Abutting property means any property that is immediately adjacent or contiguous to property or that is located immediately across any road or public right-of-way.

Accessory building means a subordinate or incidental use to the principal use.

Accessory dwelling means a self-contained single-family dwelling with its own entrance, cooking, sleeping, and sanitation facilities, and which shares a lot with a single-family dwelling. An accessory dwelling may be attached or detached to the primary single-family dwelling and must remain under the same ownership as the primary single-family dwelling.

Administrative official means the municipal official appointed by the city mayor to administer this land development code.

Adult congregate living facilities (ACLF) means a caretaking arrangement, whether operated for profit or not, where care is provided for a part of the 24-hour day to three or more adults that are unrelated by blood or marriage to the owner/operator of the facility. This care may include, but is not limited to, providing a protective setting, social activities, leisure time activities, self-care training, rest, nutritional services, and speech or physical therapy. Residents shall not be under in-house nursing/medical care. Such a facility must be licensed by the state department of health and rehabilitative services, in accordance with F.S. § 400.55, or as amended.

Adult/vocational education means an establishment for the instruction or guidance in an occupation, profession, civic activity or art form, and may include, but not be limited to, the teaching of a trade apprenticeship, acting-drama, citizenship, cooking, and music and voice.

Agricultural lands means those lands in any agricultural use including forestry.

Agricultural signs means signs related to bona fide agricultural activities being performed on the property.

Agriculture means the production, keeping, grazing, or maintenance for sale, lease, or personal use of plants and animals useful to man, and may include, but not be limited to, forage and sod crops, grain and seed crops, fruit of all kinds, vegetables, and nursery, floral, ornamental, and greenhouse products.

Agriculture, processing, except for packing and slaughterhouses, means the processing for sale, lease, or personal use, of plants and poultry products useful to man, which may include, but not be limited to, citrus, dairy, grain mill and poultry products. This definition shall not include the butchering, processing and packing of animals or poultry for food.

Agriculture, processing, for packing and slaughterhouses, means packing and slaughterhouses or the butchering, processing, or packing of animals or poultry for food.

Alley means a public or private way which is not designed for general travel but is used primarily as a means of secondary access to a lot abutting thereon.

Alteration means any changes in a building's structural parts, stairways, type of construction, means of ingress and egress, wiring, plumbing, heating or cooling system, and other changes affected or regulated by the state building codes or this land development code, except for minor changes or repairs not involving the such features. The term "alteration" may include, but not be limited to, the words altered, repaired, modification to construction or reconstruction.

Altered wetlands means wetlands which have been substantially affected by man, but which continue to be dominated by wetland or transitional vegetation.

Anaerobic means conditions where there is no free oxygen available for use.

Animated sign means any sign of which all or part thereof revolves or moves in any fashion whatsoever; and any sign which contains or uses for illumination any light, lights or lighting device or devices which change color, flash or alternate, show movement or motion, or change the appearance of such sign or any part thereof automatically.

Annexation means the adding of real property to the boundaries of an incorporated municipality, such addition making such real property in every way a part of the municipality.

ANSI means American National Standards Institute. Any reference to ANSI standards shall be taken to mean the most recently published revision unless otherwise specified.

Appeal means a request for a review of an interpretation of any provision of this land development code or any decision or action of the city.

Appliance/electronic repair shop means a retail establishment offering for compensation the repair services of small appliances and electronic equipment, with such repair generally occurring on the premises.

Applicant means any person applying for or who has been granted a permit to proceed with a project. The term "applicant" shall include a developer, public or private individual, partnership, corporation, association, group, company, firm, society, or other legal entity of human beings, whether natural or artificial, including the city and all other municipal, state and federal governments, and shall include the plural as well as the singular.

Athletic/sports facility means a site or building where competitive athletic pursuits are carried out, through direct participation, generally on a scheduled basis. This type of facility may include, but not be limited to, a golf course, golf driving range, handball or racquetball court, swimming club, and tennis club.

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

Area of shallow flooding means a designated AV or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where a path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

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

Artesian well means an artificial hole in the ground from which water supplies may be obtained and which penetrates any water-bearing rock, the water in which is raised to the surface by natural flow, or which rises to an elevation above the top of the water-bearing bed. Artesian wells are defined further to include all holes, drilled as a source of water, that penetrate any water-bearing beds that are a part of the artesian water system of the state, as determined by representatives of the state geological survey or the department of environmental protection.

As-built plans means the final plans amended to include all locations, dimensions, elevations and materials, as actually constructed and installed. The term "as-built" denotes a guarantee by the engineer-of-record as to the veracity of the information depicted on the plans.

ASTM means American Society for Testing Materials. Any reference to ASTM standards shall be taken to mean the most recently published revision unless otherwise specified.

Auction house means land or a building where items are sold to the highest bidder. Such activities could be private or public and may include, but not be limited to, the sale of antiques, art and jewelry.

Awning means a roof-like cover, securely fastened on one side or end to a building, and the balance of which extends over or before a place (as a walkway or before a window) as a shelter and whose bottom edge is at least seven feet above the highest grade level beneath it.

Awning, illuminated, means a structure, as described above, which is illuminated from the reverse side with an artificial light emanating from a minimum 800 milliampere high outpost florescent fixture, to the extent that such artificial light is visible through to the exterior.

Awning sign means any metal, canvas or plastic cover, hood, or canopy projecting from and supported by a building when such device extends beyond the building, building line, setback line or property line.

AWWA means American Water Works Association. Any reference to AWWA Standards shall be taken to mean the most recently published revision unless otherwise specified.

Bank means an establishment where the principal use is receiving or lending money, including savings and loans companies.

Banner sign means signs either with or without frames, possessing characters, letters, illustrations or ornaments applied to cloth, paper or fabric of any kind. For the purposes of this land development code, national flags, flags of political subdivision and symbolic flags of any institution or business shall not be considered banners.

Bars, lounges, and nightclubs mean an establishment devoted primarily to the selling, dispensing, serving or providing of alcoholic beverages for consumption on the premises, where dancing or floor shows may be permitted. The terms "bars," "lounges," and "nightclubs" may include, but not be limited to, the terms "barroom," "cabaret," "cocktail lounge," "discotheque," "pub," "saloon," and "tavern," but shall not include those premises where alcoholic beverages are sold in conjunction with the sale of food for consumption on the premises, and the sale of such beverages comprises less than 49 percent of the gross receipts.

Base facilities charge means the charge imposed by the city for each equivalent residential unit that represents a portion of the cost to the city of having the system available to serve the equivalent residential unit.

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

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

Bed and breakfast inn means a house or portion thereof where shortterm lodging rooms are provided, and breakfast may be provided. The operator of the inn shall live on the premises.

(1)

Bed and breakfast small homestay means a private residence, including related buildings, with one to three guestrooms in which the owner occupies the primary building.

(2)

Bed and breakfast medium homestay means a private residence, including related buildings,with up to five guestrooms in which the owner occupies the primary building.

Best management practices means accepted, best technology within acceptable industry standards for cost efficiency to manage either land development, pollution abatement, or treatment processes.

Billboard means any outdoor advertising sign upon which advertising matter may be displayed and which generally advertises firms and organizations that, along with their goods and services, are not located on the same premises as the sign.

Blighted area means an area characterized by deteriorating and/or abandoned buildings; inadequate or missing public or community services; and vacant land with debris, litter, lack of sanitation facilities, trash and junk accumulation, and impacted by adverse environmental nuisances, such as noise, heavy traffic and odors.

Boardwalk means an elevated structure made of boards usually placed over land or wetlands.

Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Buffer means an area of land, landscape materials, wall or combination thereof between two parcels of land intended to reduce the impacts between the two parcels.

Buildable area means that portion of a lot remaining after required building setbacks have been established in the lot's front, rear and side yards.

Building means any structure built for support, shelter, or enclosure for occupancy or storage.

Building coverage means that portion of a lot which is occupied by principal and accessory buildings.

Building frontage means the face of the building meeting front setback requirements towards the principal road, street, highway or easement serving the building.

Building height means the vertical distance measured from the average grade of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to average height level between eaves and ridge for gable, hip and gambrel roofs.

Building setback means the minimum required distance a building must be set back from the property line, as measured perpendicular to the property line, or from mean high water along rivers, lakes, or other water bodies.

Building setback lines means the lines established by setback requirements beyond which no principal building shall extend.

Bulkhead means a manmade wall or encroachment, parallel to the shoreline, made to protect the shore from erosion and to retain the earth or fill behind it.

Business service means an establishment where the performance of duties related to business operations are provided within or outside of the confines of such an establishment and may include, but not be limited to, business machine repair, computer service and repair, microfilming, secretarial and typing service, and telephone answering service.

Canal means an artificial waterway for transportation, irrigation, or stormwater conveyance.

Canopy sign means any sign installed on any ornamental roof-like structures of cloth or otherwise that provides or suggests shelter and projects from a wall or is supported by columns; or any temporary or permanent cover providing shelter or decoration (as over a door or window), including an awning.

Canopy tree means a large tree similar to an oak, magnolia, or camphor, with a generally tall growing habit, broad crown and dense shade.

Carport means an attached or freestanding unenclosed structure primarily used to shelter motor vehicles, having a roof-like structure supported by two or four posts or a combination of posts and wall structure.

Cemetery means land where burial of the deceased occurs, whether persons or pets. This term shall include mausoleums where they are within the boundaries of a cemetery.

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

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

Clearing means the removal of any trees or vegetation from the land by digging, pushing, or cutting, or the effective removal by damage. This shall not include mowing of lawn and field grasses.

Clinic, medical or dental, means an establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians or dentists, or any such profession the practice of which is lawful in the state, and where patients are not lodged overnight.

Club, lodge, and fraternal organization mean a building or facility owned or operated by a corporation or association for a social, educational, civic, or recreational purpose, but which is not primarily for profit, or to render a service that is customarily carried on as a business.

Cluster sign. See Off-site municipal directory sign.

Combination accounts. Accounts that contain both residential and commercial facilities served through a common meter may be treated as either residential or nonresidential, using whichever method of computation results in a larger number of equivalent residential units

Commemorative signs means signs for commemoration of seasonal holidays.

Commercial/industrial equipment and supplies means an establishment which offers wholesale or retail sale or rental of goods and merchandise used in commerce or industry, and not generally purchased by the individual consumer, and may include, but not be limited to, air or gas compressors, backhoes, bricks, chemicals, food processing equipment, hoists, manufactured building components, medical supplies, traffic signs, valves, and waterproofing material.

Commercial/industrial service means an establishment which provides work performance related to commerce and industry, and may include, but not be limited to, linen supply, machine shop, medical waste removal service, publishing plant, screen printing, tool and die shop and welding.

Commercial/industrial warehouse means a building used primarily for the dead space storage of goods and materials used by or in association with commerce and industry.

Commercial recreation facility means an establishment which provides indoor or outdoor opportunities for casual entertainment by patrons of all ages, and may include, but not be limited to, an amusement park, bingo club, bowling alley, game room, go-cart track, miniature golf, pool hall, skateboard park, skating rink and video games; however, if the facility includes a video arcade, it may not constitute more than 40 percent of the included activities.

Commercial stable means a facility where horses are boarded and cared for and may include, but not be limited to, provision for instruction of riding, jumping, and showing, and the hiring to the public of riding horses for a fee.

Common open space means an area of land or combination of land and water within the area of a planned development essentially unimproved and set aside, dedicated, designated, or reserved for public or private use.

Community residential homes means a dwelling unit providing a living environment for one to six residents, if unlicensed, or seven or more residents, if licensed, that have no family to live with or are in need of assistance with daily living, if the facility operates as the functional equivalent of a family. Supervision and care by support staff may be necessary to meet the physical, emotional and social needs of the residents. These facilities are licensed by the state department of health and rehabilitative services and include residential treatment facilities, levels II and IV, residential child care agency facilities, intermediate care facilities for the mentally retarded/developmentally disabled, foster care facilities, and group homes pursuant to F.S. ch. 419, but may not include transitional facilities for ex-correction inmates.

Compensating storage means equivalent floodplain storage provided to counterbalance floodplain filling.

Comprehensive plan means the city comprehensive plan adopted by the city council and amendments thereto in compliance with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. ch. 163.

Cone of influence means a roughly conical concavity in the potentiometric surface around a pumping well.

Confined aquifer means an aquifer that is overlain by a confining bed which has a singularly lower hydraulic conductivity than the aquifer.

Confining bed means a body of relatively impermeable material stratigraphically adjacent to one or more aquifers. In nature, however, its hydraulic conductivity may range from nearly zero to some value distinctly lower than that of the aquifer.

Conservation easement means a right or interest in real property which is appropriate to retaining land or water areas predominately in their natural, scenic, open or wooded condition; retaining such areas as suitable habitat for fish, plants, for wildlife; or maintaining existing land uses; and which prohibits or limits the activities as described in the state statutes.

Conservation plan (erosion control plan) means a formal document which outlines a system of management practices to control soil erosion and to improve water quality for a specific parcel of properly related to stormwater facilities for agricultural lands approved by the city and which has been either:

(1)

Prepared by the United States Department of Agriculture Soil and Water Conservation Service (SCS) in conjunction with a local soil and water conservation district, organized pursuant to F.S. ch. 582, or as amended;

(2)

Prepared by a private consultant to standards, specifications, and guidelines developed by the SCS; or

(3)

Prepared by a private consultant based on SCS guidelines using guidelines for conservation plans using accepted engineering principals, and which provides an equivalent level of treatment.

Construction means the alteration of the existing contours of the site, land clearing, or the building, assembling, expansion, modification, erection or alteration of buildings or other structures, or any part thereof.

Construction contractor's yard and storage means land or building where construction materials are kept in association with such contracting businesses and may include, but not be limited to, air conditioning and heating, aluminum, building construction, hauling, machine construction, roofing, solar energy systems, utility system installation, and wall covering.

Construction real estate sign means a construction sign which also advertises the real property where the sign is located for sale, lease or rent.

Construction sign means a sign announcing and identifying the construction project scheduled or underway on the site where the sign is located.

Construction, start of, means the first placement of permanent construction on a site, as well as demolition, clearing or excavation, with a valid permit, if the activity is preparatory to the placement of permanent construction and the construction work begins immediately thereafter.

Consumptive use means any use of water which reduces the supply from which it is withdrawn or diverted.

Contractor means the person, firm, or corporation with whom the contract for work has been made by the owner, the developer, or the city.

Convenience store means an establishment which offers for sale a limited line of food and household goods and is designed for quick service to customers with small purchases. Such an establishment may or may not offer for sale fuel by way of self-service gasoline/diesel pumps or LP gas tanks.

Cosmetic tattooing means the practice commonly known as permanent makeup, in which micropigmentation or intradermal cosmetics are applied to permanently or semi-permanently simulate the appearance of common cosmetic applications such as eyeliner, lip liner, lip color, eyebrow enhancement, or otherwise to permanently or semi-permanently restore or improve the appearance of damaged or disfigured skin or other bodily features to natural coloration and condition and includes microblading.

Crematorium means an establishment in which a deceased body is reduced to ashes in a furnace. This type of facility must be licensed with the state department of professional regulation and meet the criteria of the state department of health and rehabilitative services and the state department of environmental protection, pursuant to F.S. § 470.025, or as amended.

Critical habitat means habitat which, if lost, would result in elimination of listed species individuals 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 nests, feeds, resides, or migrates, including, for example, characteristic topography, soils and vegetative cover.

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

Cultural facility means land, a building, or a group of buildings which affords the pursuit of arts, professional and scholarly matters, and may include, but is not limited to, an auditorium, convention/lecture hall, and museum.

Customary accessory structure means a structure containing no kitchen or bedroom and located upon the same lot or parcel as the principal use or structure to which it is accessory. The structure is customary, incidental, appropriate, and subordinate to the use of the principal building, or the principal use of the land and is not an accessory dwelling. Such customary accessory structures may include, but are not limited to, sheds, storage buildings, swimming pools, spas or hot tubs, greenhouses, tennis courts, detached garages, and cabanas.

Day care center means an arrangement or establishment which provides child care for more than five children unrelated to the operator, for compensation, and for a period of less than 24 hours. Such a facility must be licensed by the state department of health and rehabilitative services and comply with their requirements, pursuant to F.S. § 402.305, or as amended. This term may include, but not be limited to, child-care center, day care services, day nurseries, kindergartens, nursery school, playschool and preschool.

Density means the total number of dwelling units per acre within a project site.

Department means the public works department of the city.

Detention means the collection and temporary storage of stormwater in such a manner as to provide treatment through physical, chemical, or biological processes and/or attenuation of the peak rate of flow.

Developer means any person who engages in or proposes to engage in the development of property either as the owner or as the agent of an owner of property.

Developer's engineer means an engineer or engineering firm registered with the state department of professional regulation, retained by the developer to provide professional engineering services for a project.

Development means any significant manmade change to real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, permanent storage of materials, or the dividing of land into two or more parcels. Development includes, but is not limited to, the following:

(1)

A reconstruction, alteration of the size, or structural change in the external appearance of a structure on land.

(2)

A change in density or intensity of use of the land, such as an increase in the number of dwelling units in a structure or on land, or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units on the land as may be determined by the local government.

(3)

Alteration of a shore or bank of a river, stream, lake, pond, canal, or stormwater management facility.

(4)

Mining or excavation on a parcel of land.

(5)

Demolition or removal of a structure.

(6)

Clearing of land as an adjunct of construction.

(7)

Deposit of refuse, solid or liquid waste, of fill on a parcel of land.

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

Development order means any order granting, denying or granting with conditions an application for a development permit.

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

Diameter at breast height (DBH) means the diameter, in inches, of the trunk of the tree measured at 4½ feet above the existing grade.

Directional sign means any sign, the message of which is limited to the direction of the public, including signs which direct traffic onto or within a premises, identify restrooms, parking areas or spaces, freight entrances, or other facilities for the convenience of the public.

Directly connected impervious areas means those impervious areas which are connected to the surface water management system by a drainage improvement, such as a ditch, storm sewer, paved channel, or other manmade conveyance.

Directory sign means a sign which gives the name and/or occupation of the occupants of a building or gives the name of the building, including office building directories, church directories and apartment house directories.

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

Ditch means an artificial waterway for irrigation or stormwater conveyance.

Dock means a fixed or floating structure, including moorings, used for the purpose of harboring boats.

Double faced sign means a sign with two faces which are no more that three feet apart at their closest point.

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

Drainage facility means any component of the stormwater management system.

Drainage system means 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 and appurtenant features: canals, channels, ditches, flumes, culverts, and street, as well as all watercourses, water bodies and wetlands.

Drawings means engineering drawings prepared by a state registered engineer to show the proposed construction.

Dredging means excavation by any means in water or wetlands. It also means the excavation or creation of a water body which is, or is to be, connected to waters, directly or via excavated water bodies or a series of excavated water bodies.

Dripline means a vertical line running through the outer most portion of the tree crown extending to the ground.

Driveway and drive mean a vehicular accessway, serving one or more properties.

Dude ranch means a ranch operating as a vacation resort, including horseback riding and related activities, with living quarters for temporary occupation by vacationing clients of the resort. This shall not include recreational vehicles or campground facilities.

Duplex. See Dwelling, two-family.

Dwelling means a building or part thereof with cooking, sleeping, and sanitary facilities that is designed in whole or part as the separate and independent residence or living quarters for one or more persons, but which does not include the terms "bed and breakfast inn," "hotel," "mobile home," "motel," "recreational vehicle," or "tent." This term includes the following categories:

Dwelling means a building or part thereof with cooking, sleeping, and sanitary facilities that is designed in whole or part as the separate and independent residence or living quarters for one or more persons, but which does not include the terms "bed and breakfast inn," "hotel," "mobile home," "motel," "recreational vehicle," or "tent." This term includes the following categories:

(1)

Dwelling, single-family. means a building containing one dwelling unit. The term includes detached single-family homes, modular housing, and Residential Design Manufactured Homes (RDMH) but excludes Standard Design Manufactured Housing (SDMH), mobile homes, trailers, and portable housing.

(2)

Dwelling, two-family (duplex) means a building containing two dwelling units on a single lot or with property lines separating the units.

(3)

Dwelling, attached (townhome/townhouse) means a single-family dwelling unit that is constructed in a series or group of three or more attached units with property lines separating the units.

(4)

Dwelling, multifamily means a unit that is part of a building containing four units or more on a single lot/development site. The term includes condominiums and apartments.

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

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

Erected means built, constructed, reconstructed, moved upon, or any physical operation on the premises required for building. Excavation, fill, drainage, demolition of an existing structure, and the like shall be considered part of erection.

Engineer means an engineer or engineering firm registered with the state department of professional regulation being compensated to perform and be responsible for the duties specified herein. Unless otherwise required by the city, the engineer will be the developer's engineer.

Equivalent residential unit (ERU) means the amount of water used or wastewater produced by a typical residential unit, whose water use ranges from zero to 300 gallons per day on a maximum day or 250 gallons per day on an average monthly basis.

Erosion means the wearing or washing away of soil by the action of water or wind.

Essential services means public utility facilities either underground or overhead and related to the transmission or distribution system of water, sanitary sewer or storm sewer, telephone, gas, electricity, public safety, including poles, wires, mains, hydrants, drains, pipes, conduits, police or fire callboxes, traffic signals and other similar equipment necessary for the furnishing of adequate service, not including buildings.

Excavation means the removal of soil, earth, etc., by digging.

Facade means the entire building wall, including wall face, parapet, fascia, windows, doors, canopy and roof of any complete elevation.

Family child care home means an occupied residence in which child care is provided for a period of less than 24 hours a day on a regular basis, for no more than five preschool children, including those related to the resident care giver. An additional five elementary school age children may also be cared for during after school hours.

Farmers' market means an occasional or periodic sales activity held within a building or structure where groups or individual sellers offer farm products, food, plants and similar type items for sale to the public.

Fascia means a flat strip or band.

Fascia sign means a sign located on the fascia of a roof or canopy, or affixed to the front plane of a mansard roof, that is a maximum of 30 degrees from vertical, including signs that extend the plane of the structural fascia such that the vertical dimensions of the sign is no more than one-third the distance from the ground to the bottom of the fascia and no lateral supports are used.

FDEP means the state department of environmental protection.

FDNR means the state department of natural resources.

FDOT means the state department of transportation.

FEMA means the Federal Emergency Management Agency.

Financial service means an establishment engaged in the management of money and credit, and whose services may include, but not be limited to, accounting, bookkeeping, investment securities, money transfer, mortgage loans, pension plans, stocks and bonds brokerage and tax planning. This term does not include the term "bank."

Finished grade means the completed elevation of lawns, walks, and driveways brought to grade as shown on building plans or designs relating thereto.

Fire flow means the quantity of water measured in gallons per minute (gpm) and pounds per square inch (psi) that is needed to fight a fire involving a particular density of buildings or type of uses as defined by the NFPA.

Flag means a fabric of distinctive design that is used as a symbol, as of a nation, state or city, or is displayed to show affiliation with a specific recognized organization, such as fraternal, religious or charitable organization.

Flashing sign means a sign or any part thereof, the electrical lighting devices of which go on and off alternately.

Flea market means an occasional or periodic sales activity held in an open area where groups or individual sellers offer goods, new and used, for sale to the public, not including private garage sales or similar activities held by churches or other nonprofit organizations.

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

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

Flood insurance study means the official report by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the surface elevation of the base flood.

Flood, 100-year, means the flood flow or stage of the magnitude which has a one percent chance of being equaled or exceeded during any one given year.

Floodplain and floodprone area mean that area which would be inundated as a result of runoff from a storm with a defined probability of occurrence in any year (i.e., the one percent probability of occurrence floodplain is the 100-year floodplain).

Floodproofing means design/construction which is designed to protect an area or structure from being flooded for a particular flood event.

Floodway means the permanent channel of a stream or other watercourse, plus any adjacent floodplain areas that must be kept free of any encroachment in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than a designated amount, not to exceed one foot except as otherwise established by the water management district or established by a flood insurance rate study conducted by the Federal Emergency Management Agency (FEMA). Note: The one-foot increase cited in this definition is used in the determination of the floodway itself and is not meant to allow subsequent increases in the 100-year flood elevation, once the limits of the floodway have been so set. That is, in order to determine that portion of the floodplain which will be designated as the floodway, one begins at the outer limits of the floodplain and assumes full development inward, toward the river or stream channel, on both sides of the flood hazard area, until the point is reached where development will cause the 100-year flood elevation to rise by one foot. The area remaining between this boundary and the channel is the floodway, and because any further development here would necessarily increase the 100-year flood elevation by more than one foot, no such development can be permitted.

Floor means the top surface of an enclosed area in a building, including the basement, i.e., top of slab in concrete slab construction or top of wood flooring in wood-frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Floor area, gross, means the sum of the gross horizontal area of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings.

FLUCFCS means Florida Land Use, Cover and Forms Classification System, latest edition, published by the state department of transportation.

Freestanding sign and ground sign mean a sign supported by a sign structure in the ground and which is wholly independent of any building, fence, vehicle or object other than the sign structure.

Front-foot, building, means each linear foot, or major portion thereof, measured along the main entry side of a building.

Front-foot, property, means each lineal foot, or major portion thereof, measured along the public right of way where the subject property abuts such right-of-way.

Front-foot, tenant, means each lineal foot, or major portion thereof, of the front of the rented or leased space.

Gate shall mean any barrier with a closing mechanism, including, but not limited to, hinged, latched, or sliding barriers that restrict vehicular and pedestrian traffic when closed.

Gated community shall mean any subdivided real property to which all access by the public is limited by the use of a gate or gates and the infrastructure of which is retained for the private use of the homeowners association or owners of lots within the community and not dedicated to the public.

Geotechnical engineer means a licensed professional engineer in the state whose experience is in the field geotechnical engineering.

Geotechnical/soils engineer means a registered state engineer who provides services related to terrain evaluation and site selection, subsurface exploration and sampling, determination of soil and rock properties, foundation engineering, settlement and seepage analysis, design of earth and earth retaining structures, the design of subsurface drainage systems and the improvement of soil properties and foundation conditions, and testing and evaluation of construction materials.

Green space. See Open space.

Gross density means the total area of the subject property, excluding natural water bodies divided by the proposed number of dwelling units.

Ground cover means a small, low-growing plant, such as ivy, used as a ground covering in place of grass, normally reaching an average maximum height of not more than 18 inches at maturity.

Ground sign. See Freestanding sign.

Groundwater means water below the surface of the ground, whether or not flowing through known or defined channels.

Guest/servants quarters means living quarters located on the same lot or parcel of land as the principal building, to be used exclusively for housing members of the family occupying the principal building, their nonpaying guests, or their employees.

Gun and archery range means a facility, including accessory buildings, for shooting by sportsmen. The gun range must be located indoors.

Habitat management plan means a plan prepared to address conservation and management of listed species found on site and their habitat which is approved by the state game and fresh water fish commission and the U.S. Fish and Wildlife Service, if applicable.

Harmful to minors means, with regard to sign content, any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it:

(1)

Predominately appeals to the prurient, shameful, or morbid interest of minors in sex.

(2)

Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual materials for minors.

The term "harmful to minors" shall also include any nonerotic work or picture when it is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable for viewing by minors.

Hazardous material means any material defined, listed, characterized, or classified as a hazardous material, hazardous substance, hazardous waste, or toxic substance according to any of the following state or federal codes or regulations:

(1)

F.A.C. ch. 38F-41, (Florida Substance List), or as amended.

(2)

40 CFR 261 (Identification and Listing of Hazardous Wastes), or as amended.

(3)

40 CFR 302.4 (Designation of Hazardous Substances), or as amended.

(4)

40 CFR 355, Appendices A and B (List of Extremely Hazardous Substances), or as amended.

(5)

49 CFR 172.101 and 172.102 (Hazardous Materials Tables), or as amended.

The term includes, but is not limited to, explosives, radioactive materials, petroleum products, gases, poisons, biologic agents, flammables and corrosives.

Health exercise club means an establishment which provides for athletic and physical force training or health and recreational exercise. This term may include, but is not limited to, the terms "aerobics instruction," "dance instruction," "fitness center," "gymnasium (private)," "gymnastics school," "karate," "marital arts," "self-defense instruction," and "weight room."

Height of sign means the distance between the top of a sign and the average grade elevation below it, or centerline grade of the adjacent roadway, whichever is less.

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

Homeowners association or HOA shall mean a mandatory community association in which the owners of all lots, blocks, and tracts in the subdivision are required by the terms of the declaration to be members, as contemplated by F.S. § 720.301(9), with the ability and duty to impose and collect assessments.

Hydrograph means a graph of stormwater discharge versus time for a selected point in the drainage system.

Hydroperiod means the sum of water that occurs in an area on average during a given period.

Identification sign means a sign that indicates the name and type of business or service, or the name of the development located on the site where the sign is located including street address, phone number, and graphic of business logo.

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

Impact fee means fee paid to fund the capital cost incurred by the water and wastewater utility to provide capacity to serve new utility customers.

Impervious surface means 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 surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces.

Instructional sign means a sign conveying nonadvertising information relating to the use of the premises, including such signs as no parking, no trespassing and warning signs.

Intensity means, pertaining to stormwater calculations, the depth of accumulated rainfall per unit of time.

Irrigation means the process of artificially applying water to living plant material.

Isolated wetlands means wetlands that have no hydrological or vegetative connection with "waters of the state" as defined in F.S. § 403.031(3), or as amended.

Kennel, boarding, means premises which provide for the boarding of more than three domesticated animals, whether for profit or personal use and does not include pet day care and boarding facilities, as are defined herein.

Kennel, breeding, means premises which provide for the breeding, buying, raising or selling of more than three domesticated animals, whether for profit or personal use.

Laboratory/research and development means an establishment engaged in the investigation, testing and experimentation of the natural, physical or social sciences, or engaged in engineering and development as an extension of investigation with the objective of creating products. This type of facility may include, but not be limited to, asphalt and concrete testing, foundation testing, material testing, and soils, geology and groundwater testing.

Land development regulations means ordinances enacted by local governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulation controlling the development of land.

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

Landlocked area means an area which does not discharge runoff from the ten-year, 24-hour storm event; also, an area which does not possess proper access to public roads and/or right-of-way and/or ingress-egress easements.

Landscape means to plant vegetation such as trees, shrubs, ground cover, etc., so as to make an area more attractive.

Landscape area means areas designated for vegetation.

Landscape plan means a plan to be submitted with the site development plan. The plan will identify the trees that are to be preserved as part of the landscape design. The plan shall also indicate the location and description of replacement landscape plants.

Landscaping means living plant material and nonliving durable materials used in outdoor environmental designs.

Laundry and dry cleaning plant means a building where the washing, drying, ironing, and/or dry cleaning of laundry occurs on a large scale and without retail transactions on the premises.

Laundry and dry cleaning retail service means an establishment where washing, drying, ironing, and / or dry cleaning machines are available for rental by the public for their use on the premises, or are available for use by the establishment's personnel in cleaning laundry for the public patrons. Such an establishment might also involve the intake of laundry from public patrons to be sent off the premises to a laundry and / or dry cleaning plant.

Lighted sign means any sign whose characters, letters, figures, designs, or outlines are affixed thereto and which is illuminated by an electric light or luminous tubes constituting an integral part of the sign proper, fixed ground-mounted lights directed at the sign.

Listed species means any plant species or animal species (vertebrate) indicated as endangered, threatened, or species of special concern as found in the most recent lists of the Regulated Plan Index of F.S. § 581.185(5), the Designation of Endangered Species, Designation of Threatened Species and the Designation of Species of Special Concern of F.A.C. 39-27.003—27.005, or the Federally Listed Species by the State-Florida, issued by the United States Fish and Wildlife Service.

Listed species evidence means indication of the presence of a listed species, including sightings, signs, tracks, trails, or suggestions of feeding.

Living area means space in a structure in which the air is designated to be conditioned by heating and/or air conditioning and the space is habitable and enclosed.

Lot means a designated parcel, tract, or area of land established by plat, subdivision or otherwise permitted by law, to be used, developed or built upon as a unit.

Lot depth means the distance between the midpoints of the front and rear lot lines.

Lot line means a line of record bounding a lot which divides one lot from another lot, from a public or private street or any other public space.

Lot line, front, means any side of a lot which fronts upon a street, be it public or private. The primary front lot line is that frontage on which the address is given.

Lot line, rear, means the lot lines most distant from and most nearly parallel to the primary front lot line.

Lot of record means a lot in a recorded plat or in an unrecorded plat that is recognized by the county and identified on the official zoning map; a lot created by a deed or contract for deed, which is recorded in the public records of the county and legally describes a parcel of land by metes and bounds.

Low volume pressure cleaning means cleaning by means of equipment specifically designed to reduce the flow volume as accepted by industry standards.

Maintenance means the action taken to restore or preserve the functional design or intent of any facility, system or structure.

Maintenance contractor means an establishment which provides routine business and residential maintenance activities at the place of business or residence needing such treatment. This type of contractor may include, but is not limited to, exterminators, janitors, house cleaners, and swimming pool services.

Management, regarding listed species, means a series of techniques applied to maintain the species diversity and viability of a listed species in a location. These techniques include, but are not limited to, controlled burning, planting or removal of vegetation, exotic species control, maintaining hydrologic regimes and monitoring.

Manual on Uniform Traffic Control Devices (MUTCD) means the United States Department of Transportation Manual on Traffic Control Devices, latest edition.

Manufactured building means a building made or assembled in manufacturing facilities away from a building site for the installation or the assembly and installation on the building site. These buildings must meet all of the building code requirements and may include residential, commercial, industrial, institutional and storage structures, but shall not include mobile homes.

Manufactured home rental park means any tract or parcel of land which has been planned and improved for the renting or leasing of spaces for the placement of manufactured homes of nontransient use.

Manufactured home, residential design (RDMH), means a single-family dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards (24 CFR 3280) HUD code, as amended.

Manufactured home, standard design (SDMH), means a single-family dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site. Standard design manufactured homes (SDMH) are manufactured housing certified as meeting the HUD code, but not meeting the residential design standards. Standard design manufactured homes shall only be placed as allowed in the zoning district regulations, chapter 102 of this land development code.

Manufactured home subdivision means any tract or parcel of land which has been platted, and upon which improvements have been constructed, for the sale of lots for the placement of manufactured homes of nontransient use.

Manufacturing, craftsman shop, means a trade type of establishment where products are made based on a specific manual skill or art, and may include, but not be limited to, cabinetmaking, fireworks, painting, pottery, stained glass, upholstery and woodworking.

Manufacturing, fabrication, means an establishment engaged in the making of a finished product by means of the assembly of standard parts or sections, and may include, but not be limited to, audio/video equipment, boxes, fiberglass materials, hardware, home furnishings, robots, septic tanks, and telephone equipment and supplies.

Manufacturing, processing, means an establishment engaged in the making of a finished product by means of changing materials into a different form through a series of actions and may include, but not be limited to, chemical production, fish cleaning and preparation, food products (packaging, canning, bottling, or processing), paint production and tire production.

Marina means an establishment with a waterfront location for docking pleasure boats or providing services to pleasure boats and the occupants thereof, including minor servicing and repair to boats while in the water, sale of fuel and supplies, and provisions for food, beverages, and entertainment as accessory uses. Boat docks associated with a private residence shall not be considered a marina.

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

Mean low water means the average height of all low waters recorded at a given place over a 19-year period.

Mean high water means the average height of all high waters recorded at a given place over a 19-year period.

Mean sea level means that used as a reference for establishing various elevations. For purposes of this land development code, the term "mean sea level" is synonymous with National Geodetic Vertical Datum (NGVD).

Medical office/clinic means an establishment where the diagnosis and treatment of human patients occurs without the provision of overnight care facilities and may include, but not be limited to, the services of acupuncture, alcoholism counseling, chiropractor, dental office and clinic, family planning, medical doctor office, mental health clinic, occupational therapist, speech and language pathologist, walk-in medical center, and weight control service.

Membership sign means a sign identifying affiliation with a travel club, business association, credit card company, or professional association.

Memorandum of agreement means a written explanation of the proposed development, including, but not limited to, existing and proposed land use, traffic, stormwater and utilities and any other pertinent information concerning the proposed development.

Memorial sign means a permanent sign, plaque, inscription or similar group of symbols recording historical data relating to the construction of the building to which it is affixed or a sign which commemorates events or persons of historical significance.

Ministorage warehouse means a self-service storage facility in a building consisting of individual self-contained units of varying sizes that are leased or owned for the storage of business and household goods, or for contractor's supplies.

Mitigation means actions including, but not limited to, restoration, enhancement, or creation of wetlands, required to be taken by a person to offset environmental impacts of permitted activities.

Mixed-use development. Mixed-use shall refer to a type of development where two or more uses, such as residential and commercial, are constructed and layered vertically in order to be physically and functionally integrated in a single building. This type of development is reserved for residential (a minimum of five dwelling units), commercial, and industrial uses and does not include institutional uses, parks, schools, and public facilities A development will not qualify as mixed-use if the secondary use is or will be reserved for exclusive use by the principal user (for example, a residents-only gym or an employee cafeteria).

Mobile home means a manufactured housing unit built on a chassis, subject to all regulations applying thereto, including vehicle registration and title issued by the state department of motor vehicles, whether wheels, axles, hitch, or other appurtenances of mobility are removed, and regardless of the nature of the foundation provided. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle built prior to the enactment of the Manufactured Home Construction and Safety Standards Act.

Model home means a single-family residential, duplex, townhome or condominium structure built to code for eventual residential use, not occupied as a dwelling unit, but open to the public for inspection, and used solely for the purpose for demonstration and selling of residential dwellings being constructed in the same subdivision.

Model home sales center means two or more adjacent single-family residential, duplex, townhome or condominium structures not occupied as dwelling units, open to the public for inspection and used solely for demonstration and selling of residential dwellings in the subdivision.

Monopole sign means any sign erected on a single pole, and which is wholly or partially independent of any building for support.

Motor vehicle means an automobile, motorcycle, truck, tractor and semitrailer combination, or any other vehicle legally operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but not including tractor engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds, in accordance with F.S. ch. 320, or as amended.

Motor vehicle, boat sales, means an area used for the display, sale or rental of new or used motor vehicles and boats in operable condition and where no repair work is done.

Motor vehicle and boat storage facility means land where the longterm parking of motor vehicles and boats is accommodated.

Motor vehicle dealer sales means an establishment for the sale of new or used vehicles together with on-premises repair facilities, including paint and body shop.

Motor vehicle repair facility means an establishment where major mechanical overhaul and repairs, paint and body work, or rebuilding of vehicle components is done.

Motor vehicle service center means an establishment engaged in the servicing of motor vehicles, including minor adjustments, oil change, tune-ups, wheel alignment and balancing, tire changing and repair, installation of exhaust systems parts, brake linings, electrical repairs, and the like and allowing over the counter sale and installation of new replacement parts, equipment and accessories. Engine rebuilding, body service work or repainting, sale of vehicles or the outside storage of vehicles, or the outside storage of parts and equipment other than for temporary display purposes shall be prohibited.

Motor vehicle service station means an establishment primarily engaged in the fueling, servicing, and washing of motor vehicles, which may include the sale of refreshments from vending machines, fuel, lubricants, and products necessary to the operation and maintenance of motor vehicles, and may include the sale and installation of accessories, tires, batteries, minor engine tune-ups, wheel balancing and alignment, brake service, but not including major mechanical or body repair or the sale of motor vehicles.

Motor vehicle towing and impoundment facility means an establishment for the temporary storage of wrecked or disabled vehicles which have been towed.

National Geodetic Vertical Datum (NGVD) means a vertical control used as a reference for establishing varying elevations.

Native vegetation means plants that are indigenous to the state.

Natural community means a distinct and reoccurring assemblage of populations of plants, animals, fungi and microorganisms naturally associated with each other and their physical environment.

Natural upland communities means communities which are upland habitats dominated by plants which are not adapted to anaerobic soil conditions imposed by saturation or inundation for more than ten percent of the growing season.

Neighborhood recreational facilities means recreational facilities, including parks, open space, buildings, etc., which will be owned, maintained and used by a specific development or organization and will not be open to the general public, whether for compensation or not.

NEMA means National Electric Manufacturers Association. Any reference to NEMA Standards shall be taken to mean the most recently published revision, unless otherwise specified.

Nonconforming sign means any sign which is in violation of this land development code at the time of its effective date, November 27, 2001.

Nonresidential activity means any commercial or industrial activity occurring on any described parcel of land, whether or not within a structure. All activity other than residential activity.

NSF means National Sanitation Test Laboratory Foundation. Any reference to NSF standards shall be taken to mean the most recently published revision, unless otherwise specified.

Nursing home means an extended or intermediate care facility which provides full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. This type of facility shall be licensed by the state department of health and rehabilitative services and meet its criteria, pursuant to F.S. ch. 400, or as amended, and shall provide nursing services as defined in F.S. ch. 464, or as amended. This term may include, but not be limited to, the terms "extended care facility," "intermediate care facility" and "longterm care facility."

Office means an establishment where services are performed involving predominantly administrative, professional, or clerical operations for a business, government, industry, profession or service.

Office complex means any office development containing three or more tenant spaces that are under common land ownership or that share common property frontage.

Office supply means an establishment which offers the sale of materials predominantly used by the office community and may include, but not be limited to, the sale of accounting and bookkeeping materials, business forms, systems, and machines, computer equipment and supplies, inserting and mailing machines, office furniture, and typewriters.

Office/warehouse facility means an establishment where an office building will provide an attached warehouse to accommodate the office use.

Off-premises sign means any sign or street graphic, other than a vehicle street graphic or a governmental public service street graphic, which advertises a business, goods, products, services or facilities which are not manufactured, produced, sold, provided, or located on the premises on which the sign or street graphic is erected or maintained, or a sign or street graphic which directs persons to a different location than the one on which the sign or street graphic is erected or maintained.

Offset printing means an establishment for lithographic printing in which the inked impression is first made of a rubber-covered roller, then transferred to paper.

Off-site sign and cluster sign mean a directional sign placed at an intersection to advertise the location of a business not on the premises.

On-premises sign means any structure, poster board, bulletin board, neon sign, screen, surface or wall with characters, letters or illustrations affixed thereto, thereon, or thereunder, by any method or means whatsoever, which is used for the purpose of publicly advertising the legal or exact firm or organization name or the name of the business carried on therein or thereat, or for advertising any service or products actually and actively being offered for sale therein or thereon, but shall not include street or directional signs, occupancy identification signs, or real estate signs.

Open channel means a canal, ditch, or swale used to safely convey stormwater runoff.

Open space means any parcel of land set aside, dedicated or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space includes parks, passive recreation areas, landscaped areas, natural floodways, wetlands, conservation and preservation areas, and nonactivity-based, nonmanmade lakes wholly within the property. Open space does not include rights-of-way, aboveground utilities, parking areas, side or rear lots, street surfaces, activity-based recreation facilities and stormwater retention areas.

OSHA means the Federal Occupational Safety and Health Administration.

Outparcel means a parcel of land generally related to and subdivided from a larger surrounding tract, which contains a freestanding structure when developed and is primarily accessed within the surrounding tract.

Owner means the person in whom is vested the fee ownership, dominion, or title of property (e.g., the proprietor). This term may also include a tenant, if chargeable under his lease for the maintenance of the property, and any agent of the owner or tenant including a developer.

Parcel/tract and parcel/tract of land mean a contiguous quantity of land in possession of, owned by, or recorded as property of the same claimant person in the public records of the county, as of November 27, 2001, or as may be subsequently recorded pursuant to this land development code.

Patio means an outdoor area with a paved or solid floor but no roof.

Peak rate of flow means the maximum rate of discharge resulting from a given storm event.

Pennant means any flag-like piece of cloth, plastic, or paper attached to any staff, cord, building for other structure that hangs loosely for the purpose of attracting attention to the site.

Permittee means any person who has been granted approval to proceed with a project.

Person means any and all persons, natural or artificial, and includes any individual, firm, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

Personal service establishment means an establishment which provides for the care of a person or a person's apparel, and may include, but not be limited to, beauty shop/barbershop, cosmetic tattooing with no other tattoo related services, nail salon, tanning salon, laundry, dry cleaning, garment service and shoe repair.

Pet day care and boarding facilities means personal service use facility where domesticated animals are supervised and cared for during the day, which is operated for the purpose of providing overnight lodging for domesticated animals, and is distinct from kennel, boarding, as defined herein.

Plans means drawings.

Pole sign means a sign which is supported by one or two poles of no greater than eight inches in diameter and otherwise separated from the ground by air.

Portable sign means any sign not permanently affixed to a permanent base, whether on its own trailer, wheels, or otherwise, which is capable of being transported from one place to another.

Positive outlet means gravity discharge from a basin via overland flow, artificial waterway, natural waterway, or pipe.

Postdevelopment means the average conditions as of the completion of the development for which a permit has been applied.

Potable water means water that is satisfactory for drinking, culinary and domestic purposes meeting current state and federal drinking water standards.

Potable water supply well means a portable water well to supply water which has been permitted for consumptive use by the water management district and whose casing in diameter is six inches or greater.

Predevelopment means the condition of the project site immediately prior to development or start of construction.

Premises means the lots, plots, portions of parcels of land considered as a unit for a single development or activity.

Primary containment means the first level of product-tight containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous substance being contained.

Primary wellfield protection zone means the surface and subsurface area surrounding the portable water wellfield which is the groundwater source for the community water system and is designated by the local government to be protected from contaminants which have historically degraded or are likely to degrade the quality of the potable water supply below the groundwater standards established by the state department of environmental protection.

Principal use of structure means the primary use of a structure on any land which is allowed as a permitted use, special exception or conditional use in the zoning district, or allowed as a continuing nonconforming use under the provisions of this land development code.

Product tight means impervious to the hazardous substance which is or could be contained so as to prevent the seepage of the hazardous substance from the containment system. To be product tight, the containment system shall be made of a material that is not subject to physical or chemical deterioration by the hazardous substance being contained.

Professional engineer means a state registered professional engineer of record for the project under consideration.

Professional geologist means the state registered professional geologist of record for the project under consideration whose expertise and experience allows for the performance of the tests and preparation of evaluations and reports required in this land development code.

Professional land surveyor means a state licensed professional land surveyor for the project under consideration.

Prohibited sign means any type sign which is prohibited in a particular zoning district or in the city at large.

Project engineer means the same as professional engineer.

Projecting sign means an outdoor advertising display sign which is affixed to any building wall or structure and extends beyond the building wall, structure, building line or property line more than 12 inches.

Promotional sign means a sign designed and intended to advertise a special promotion for a period of not more than 30 consecutive days per calendar year, such as the grand opening of a business, special promotions or similar events.

Property means land which is the subject of the specific development application.

Public information sign means any sign located wholly on public property and used for public information or direction.

Public use recreational facilities means recreational facilities, including parks, open space, buildings, etc., which are not owned or maintained by the city, but which are open to the general public, either for compensation or not.

Public utility station means equipment and structures necessary for the conducting of service by a publicly owned or regulated agency, and may include, but not be limited to, electric power plants, stations, and substations, gas transfer stations, municipal water system wells and tanks, sewage and water treatment plants, buildings and lift stations, and telephone exchanges and repeater stations.

Rate means the volume per unit of time.

Real estate sign means any structure, device, display board, screen, surface or wall, with characters, letters or illustrations placed thereto, thereon, or thereunder, by any method or means whatsoever, where the matter displayed shall be used solely for the purpose of offering for sale, lease, or for rent the exact property upon which the sign is placed.

Receiving waters means any water body, watercourse or wetlands into which surface waters flow.

Recharge means the inflow of water into an aquifer, that inflow which meets state aquifer and water quality requirements contained in F.A.C. chs. 17-3 and 17-4, as amended.

Reclaimed water means water reused for reasonable and beneficial purposes after flowing out of any domestic wastewater treatment facility that has received at least secondary treatment.

Record drawings means the final plans amended by the engineer-of-record and the surveyor-of-record so as to include all locations, dimensions, elevations and materials as constructed and installed. The term "record drawings" does not denote any guarantee as to the above, only due diligence in the preparation of the documents.

Recreational vehicle means a vehicular type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as temporary living accommodations for recreation, camping and travel use and may include, but not be limited, to:

(1)

Travel trailer. A vehicular portable structure built on a chassis, designed and constructed to provide temporary living quarters for recreation, travel or camping purposes, of such size and weight not to require special highway movement permits when drawn by a passenger vehicle, but not exceeding eight feet in width.

(2)

Camping trailer. A vehicular portable structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic or other material for folding compactly while being drawn by another vehicle and, when unfolded at the site or location, providing temporary living quarters, and which is designed for recreation, travel or camping purposes.

(3)

Truck camper. A portable structure, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreation, travel or camping purposes.

(4)

Motor home. A structure built on, and made an integral part of, a self-propelled motor vehicle chassis and designed to provide temporary living quarters for recreation, travel or camping purposes.

Registered landscape architect means a state licensed landscape architect for the project under consideration.

Restaurant means an establishment where meals are prepared and food, including beverages and confections, is served to customers, with the food and nonalcoholic beverage sales amounting to at least 51 percent of the total sales.

Retail home building materials means an establishment which offers for retail sale materials and equipment for home and garden construction and maintenance and may include, but not be limited to, aluminum, cabinets, caulking material and equipment, garden supplies, and topsoil. Plant materials sold at such an establishment could be grown on the premises in a field or greenhouse.

Retail nurseries and garden supplies means an establishment which offers to the public for retail sale plants and/or associated materials and may include, but not be limited to, fences, fill material, firewood, gravel, sand, rock products, lawn and garden supplies, and topsoil. Plant materials sold at such an establishment could be grown on the premises in a field or greenhouse.

Retail sales and services means an establishment engaged in the selling of products and services to the public for personal or household consumption, including, but not limited to, newsstand/bookstore, xerographic printing, clothing stores, drugstores, home electronic equipment, food/grocery stores, and sporting goods.

Retaining wall means a wall, regardless of mode of construction, which is unconnected to a building or structure and whose primary purpose is to hold back earth or dirt for purposes of allowing a change in grade on the property.

Retention means the prevention of the discharge, directly or indirectly, of a given volume of stormwater runoff into surface water by complete on-site storage.

Right-of-way means any city, county, or state department of transportation right-of-way. A right-of-way means land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, certain designated individuals or governing bodies.

Riprap means a retaining wall made to reduce the force of waves as well as to protect a shore from erosion and consisting of unconsolidated boulders, rocks, or clean concrete rubble with no exposed reinforcing rods or similar protrusions.

Road. All roads within the city shall be classified as follows:

(1)

Local road. A route of relatively low traffic volume and travel speed that provides primary access to the majority of individual lots in subdivisions, and connects those lots to the collector or arterial system.

(2)

Minor collector road. A route that provides primary access to or through a subdivision or subdivisions, and connects those developments to the major collector and arterial system.

(3)

Major collector road. A route providing service which is of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed. Such a route also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs.

(4)

Arterial road. A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed and of high mobility importance.

Roof-mounted means any appurtenance or equipment attached to any building in such a manner that the height of the appurtenance or equipment exceeds the height of the wall elevation of the structure.

Roof sign means a sign erected over or on, and wholly or partially dependent upon the roof of any building for support, or attached to the roof in any way.

Sandwich sign means a freestanding, portable, two-sided sign that is connected at the top, open at the bottom, and forms an inverted "V" when viewed from the side.

Screen enclosure means a screen structure with no solid vertical or horizontal panels.

Screen room means an addition to a structure or integral part of a structure which is enclosed with screen, permitting unobstructed flow of air in and out of the addition. A screen room may have a permanent floor and roof structure integral to the principal structure; however, for purposes of this land development code, no elevation of any screen wall of the room shall have less than 60 percent open screen area.

Secondary containment means the level of product tight containment external to and separate from the primary containment.

Secondary wellfield protection zone means the land area surrounding the primary wellfield protection zone as depicted on the water well map, and extending a radial distance from such primary wellfield protection zone or that area within the cone of influence, exclusive of the primary zone.

Sediment means solid material, whether mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by water.

Semiconfined aquifer means a completely saturated aquifer that is bounded above by semipervious layer and below by a layer that is either impervious or semipervious. A semipervious layer is defined as a layer which has a low, though measurable, permeability.

Shed means a simple, single-story roofed building, opening in the front, constructed from wood, vinyl or light weight metal and used for storage. Sheds do not include Conex or other types of shipping containers or PODS or any other type of moving or storage container. All sheds must be in the rear of the primary structure behind the building line. A building permit must be obtained for any shed on any property and such shed shall be secured so as to withstand hurricane force winds.

Shopping center means any commercial building or development housing two or more tenants on a single ownership parcel.

Shopping center sign means shopping center identification/directory sign located on the shopping center site and limited to the names of the center and/or the names of occupants of the center.

Shoreline means a line marking the edge of a body of water.

Sign means any letters, numbers, symbols, graphics, pictures, three-dimensional objects, figures or combination thereof which is erected, constructed, placed, attached or painted on a structure or the ground, which identifies, advertises or directs attention to a product, business, institution, place, person or event, and which can be seen from the public right-of-way. When not modified by the terms "structure" or "face," the term "sign" shall include all parts of the sign and its supporting structure.

Sign, area of, means that background area upon which the copy area is placed.

Sign face means any place, surface, curve or other area containing a sign; the total surface of the sign, including the background and frame, but not structural supporting elements outside the frame.

Sign structure means the uprights, supports, braces and framework supporting a sign.

Silviculture means a process, following accepted forest management principles, whereby forests constituting crops are tended, harvested, and reforested.

Site means any tract, lot, or parcel of land or combination of tracts, lots, or parcels of land which is in one ownership, or contiguous and in diverse ownership, where development is to be performed as part of a unit, subdivision, or project.

Snipe sign means any small sign of any material, including paper, cardboard, wood and metal, which does not apply to premises where it is located, or which is attached to a tree, shrub or utility pole.

Spill means the unpermitted release or escape of a hazardous substance, directly or indirectly, to soils, surface water or groundwater.

Standard drawings means the detailed drawings related to water contained in the policy document entitled City of Minneola Standard Water and Sewer Construction Specifications.

State water quality standards means criteria set forth in F.A.C. ch. 17-3 as the minimum levels of ambient water quality parameters permissible in surface water and groundwater to protect the designated uses of these waters.

Storage system means any one or combination of tanks, sumps, wet floors, waste treatment facilities, pipes, vaults, or other portable of fixed containers used, or designed to be used, for the storage of hazardous substances at a facility.

Storm event means the storm of a specific duration, intensity and frequency.

Stormwater management system/facilities means the designed or constructed features of the property which collect, convey, channel, store, inhibit, or divert the movement of stormwater.

Stormwater runoff means the flow of water which results from and which occurs during and immediately following a rainfall event.

Street means any access way, such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place or cul-de-sac, and also includes all of the land between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those accessways such as easements, and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and easements of ingress and egress.

Structure means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, utility shed or some other manmade facility or infrastructure erected primarily for the purpose of sheltering items contained or located therein from the elements.

Subdivision means the division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land and includes establishment of new streets and alleys, additions and resubdivisions and, when appropriate to the context, relates to the process of subdividing or to the land or area subdivided.

Subdivision entrance sign means any sign designed either as a temporary or permanent structure to identify the subdivision, neighborhood, apartment or condominium development or commercial complex but which shall not be designed or displayed for development or promotional purposes and shall not contain or be more than a single purpose sign.

Subdivision infrastructure shall mean those roadways, stormwater retention ponds, drainage systems, public parks, public utilities, improvements, and other items which should otherwise be dedicated to the use of the public and/or the city in a typical subdivision, but which are retained for private use by the HOA or owners of lots in the gated community; however, subdivision infrastructure as used herein specifically excludes private amenities including, but not limited to, entrance and exit gates, walls, swimming pools, clubhouses, non-public parks and other recreation areas.

Substantial improvement means any combination of repairs, reconstruction, alteration or improvements to a structure, taking place during a one-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure. The market value of the structure shall be that prior to the start of the initial repair or improvement or, in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions.

Swale means an artificial waterway which has side slopes equal to or flatter than three feet horizontal to one foot vertical.

Swimming pool means any constructed pool over 24 inches in depth or with a surface area exceeding 250 square feet used for swimming.

Tailwater means the water into which a spillway or outfall discharges.

Tattoo establishment, which may also be referred to as tattoo parlor, tattoo studio, tattoo salon, means any commercial activity, whether conducted intermittently or full time, that involves the application of permanent tattoo material and may include cosmetic tattooing. An establishment providing cosmetic tattooing with no other tattooing related services shall not be considered a tattoo establishment for the purposes of chapter 18, article IX of the City Code of Ordinances.

Tenant means one who is in possession of a premises under title, lease, or rental plan. Such premises, for purposes of this land development code, is referred to as a tenant space.

Tent or tent-like structure means a structure of canvas, nylon, or other material, including metal, sustained by poles or other structural members regardless of whether erected in a temporary or permanent fashion, and used as, or designed to be used as a temporary building, or as a shelter for persons or property. The term tent or tent-like structure shall not include decorative awnings, carports, outbuildings, sheds or similar structures for which a building permit is issued, and which are erected in conjunction with or permanently connected to another building by virtue of shared structural members.

Townhouse. See Dwelling, attached.

Traffic control and safe practices manual means the "State of Florida Department of Transportation Manual on Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operation," latest edition.

Transportation service means an establishment which provides transportation for animals, automobiles and other motor vehicles, or persons, and may include, but not be limited to, air ambulance, airport and motel transport, armored car security transport, boat transport, bus line service, horse and pet transport, and limousine service. The parking and storing of vehicles associated with the business shall occur on the premises.

Tree means any living, self-supporting, woody perennial plant which has a trunk diameter of at least three-quarters of an inch and is normally grown to an overall height of a minimum of 15 feet.

Trivision sign means a billboard sign having two or more moveable, motor-driven faces which alternate at brief intervals.

Trucking terminal means land or buildings where trucks, including tractor or trailer units, are parked, stored, or serviced (to the extent permitted at a motor vehicle service center), including the transfer, loading or unloading of goods. A trucking terminal may include facilities for the temporary storage of loads prior to transshipment, and may include, but not be limited to, businesses of armored truck delivery and pick up, freight forwarding, motor freight and local cartage trucking, and parcel shipping.

Unconfined aquifer means a permeable bed only partly filled with water and overlying a relatively impervious layer. Its upper boundary is formed by a free water table or phreaetic level under atmospheric pressure.

USACOE (ACOE) means the United States Army Corp of Engineers.

Use means function, purpose or service.

Used motor vehicle parts yard means land on which inoperative motor vehicles and parts are stored, salvaged, or sold.

Utility accommodation guide means the State of Florida Department of Transportation Utility Accommodation Guide, latest edition.

Variance means a grant of relief from the requirements of this land development code which permits construction in a manner otherwise prohibited by this land development code where the specific enforcement would result in unnecessary hardship.

Vehicular use area means an area used for circulation, parking and/or display of motorized vehicles.

Veterinary clinic means an establishment for the medical and surgical treatment of sick or injured animals where limited overnight facilities are provided in association with such treatment. This term may include, but not be limited to, the terms "veterinarian office," "veterinary hospital," and "animal clinic," but shall not include the term "kennel."

Wall sign means any sign installed parallel to and flush against the face of the outside wall of a building, supported by the building and which has only one advertising surface.

Wastewater mains means wastewater gravity sewers, force mains, pump stations, fittings, valves, service laterals, and miscellaneous related appurtenances.

Water means water from the city water supply system.

Water body means any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline.

Water conservation plan means a combination of goals, objectives, methods, and an implementation schedule of actions specifically designed to maximize water use efficiency.

Water mains means water transmission mains, distribution mains, pipes, fittings, valves, hydrants, services, meters, and miscellaneous related appurtenances.

Water management district means the St. Johns River Water Management District.

Water table means that surface of a body of unconfined groundwater at which the pressure is equal to that of the atmosphere, defined by the level at which water within an unconfined aquifer stands in a well that penetrates the aquifer far enough to hold standing water.

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

Weir means an obstruction placed in a stream, channel or other discharge point which diverts the water through a prepared aperture for controlling the rate of flow.

Well means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, or artificial recharge of groundwater, but such term does not include any well for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying, for inserting media to dispose of oil brines or to repressure oil-bearing or natural gas-bearing formations or for storing petroleum or natural gas or other products or for temporary dewatering of subsurface formation for mining, quarrying or construction purposes.

Wellfield means an area of land which contains or is designed for future use for one or more potable water supply wells.

Wet detention means a detention basin, designed to specific geometric criteria, that contains a permanent pool of water that will retain runoff for a minimum number of days for an average rainfall summer, and which may have a littoral zone required over a substantial portion of the pond surface area. The specific design criteria is as described in SJRWMD Stormwater Rule, chapter 40C-42.

Wetlands means lands which are identified by being inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes all contiguous and noncontiguous or isolated wetlands to waters, water bodies, and watercourses. Wetlands include, but are not limited to, swamp hammocks, hardwood hybrid hammocks, riverine cypress, cypress ponds, bayheads, bogs, wet prairies, and freshwater marshes. Dominant wetland vegetation shall be determined as provided in F.A.C. 17-3.022, or as amended.

Wholesaler and distributor mean an establishment engaged in the storage, wholesale, and distribution of manufactured projects, supplies, and equipment, and incidental retail sales, exclusive of bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.

Window sign means a permanent sign affixed to, suspended within three feet behind or painted on either face of a window or glass door that leads to the exterior of the building.

Work means the labor, materials, equipment, supplies, services and other items necessary for the execution, completion and fulfillment of the contract.

Xeriscaping means a landscaping method that maximizes the conservation of water by using an efficient irrigation system and site-adapted plants.

Yard means the open space between the primary structure and a lot line that may include pavement, landscaping, accessory structures or other improvements as allowed by this land development code. The terms "front yard," "side yard," and "rear yard" refer to the yards adjacent to the front, side and rear property lines.

Zone of contribution means the area surrounding a pumping well that encompasses all areas or features that supply recharge to the well.

(LDC 1997, ch. 2, § 1.04; Ord. No. 2002-24, § 1, 7-23-2002; Ord. No. 2002-22, § 4, 7-23-2002; Ord. No. 2002-11, § 1, 5-28-2002; Ord. No. 2002-03, § 1, 2-26-2002; Ord. No. 2005-29, § 1, 10-11-2005; Ord. No. 2007-08, § 7, 3-20-2007; Ord. No. 2009-03, § 3, 2-17-2009; Ord. No. 2010-11, § 3, 4-20-2010; Ord. No. 2018-01, § 1, 2-6-2018; Ord. No. 2019-02, §§ 1—3, 5-21-19; Ord. No. 2019-06, § 2, 6-18-2019; Ord. No. 2020-18, § 1(A), 1-5-2021; Ord. No. 2022-07, § 1, 4-19-2022; Ord. No. 2023-26, § 1, 10-17-2023; Ord. No. 2024-01, § 1, 2-7-2024; Ord. No. 2024-21, § 1, 8-20-2024)

(a)

In the event that the city incurs costs for professional and/or consultant services related to a proposed development which are over and above the fees routinely charged as part of the development fee schedule, the city may charge such property owner and/or developer fees sufficient to recover costs incurred by city. Such professional and consultant services include, but are not limited to, services performed by engineers, planners, attorneys, financial consultants, and architects.

(b)

All property owners and/or developers submitting development applications of any kind to the city shall be responsible for paying the costs incurred by city associated with providing adjacent property owner notifications of such developer's proposed project.

(c)

City shall invoice developer and/or property owner for such amounts associated with subsections (a) and (b) above, and shall, upon written request of developer and/or property owner, provide documentation to support such amounts. Developer and/or property owner shall pay the invoiced amount to city within 30 days of the date of the invoice.

(d)

In the event a property owner and/or developer is in default to the city for any obligations, monetary payments or otherwise, city staff and consultants, unless specifically waived by city for good cause, shall not process further any development applications submitted by such property owner and/or developer nor issue any development orders (including, but not limited to, building permits, certificates of occupancy, or land use approvals) until such obligations are fulfilled to the city's satisfaction.

(Ord. No. 2006-11, § 1, 3-28-2006; Ord. No. 2009-05, § 1, 3-3-2009)

Editor's note— Ord. No. 2006-11, § 1, adopted March 28, 2006, added § 82-3 to the Code. Inasmuch as said section already existed, the provisions have been redesignated as § 82-13 at the editor's discretion.

(a)

Generally.

(1)

As part of the listed species habitat protection process established by the FFWCC, a property owner and/or developer may contribute funds to obtain an incidental take permit, which authorizes the entombment or killing of listed species incidental to development activities. Such funds are used by the FFWCC, among other things, for the advancement and protection of such listed species.

(2)

Property owners and/or developers shall either direct all new development away from listed species and their habitats, relocate such listed species in accordance with FFWCC relocation regulations, or obtain an incidental take permit in accord with FFWCC regulations and section (b)(2) below.

(b)

Incidental take.

(1)

Prior to obtaining a development order for the physical development of the property, a property owner and/or developer seeking to utilize the incidental take permit process shall be required to provide the city council with competent evidence that the incidental take permit is the best reasonable alternative for the species in conjunction with the development of the property. Such evidence must include written recommendations from FFWCC or any other applicable state or federal agencies that the incidental take permit is the preferred preservation method.

(2)

Upon receipt of such competent evidence and in the absence of conflicting competent evidence, the city may issue a development order.

(3)

If a property owner and/or developer utilizes the incidental take permit process, the city may require such property owner and/or developer to purchase conservation lands; however, the purchase of conservation lands shall not be required if those species subject to the incidental take process are demonstrated to be diseased.

(Ord. No. 2006-22, § 2, 7-25-2006)