For the purposes of this Code, the following terms shall have the meanings set forth below. Included are pertinent definitions adopted in the Comprehensive Plan, in addition to others applicable to this Code but not covered in the plan. It is the intent of this article to incorporate Comprehensive Plan definitions in substantially the same form in which they were adopted, although some terms may be defined here in a more detailed or restrictive manner. In the event a Comprehensive Plan amendment conflicts with a definition contained herein, the definition in the Comprehensive Plan shall take precedence, and shall be incorporated into this Code by reference. Definitions relating to sign regulation shall be found in Chapter 17, and are hereby incorporated into these definitions as if fully described herein.

AASHTO: American Association of State Highway and Transportation Officials.

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

Adjusted for family size: Adjusted in a manner which results in an income eligibility level which is lower for households with fewer than four people, or higher for households with more than four people, than the base income eligibility otherwise determined, based upon a formula as established by the US Dept. of HUD.

Adjusted gross income: All wages, regular cash or noncash contributions from persons outside the household, and such other resources and benefits as may be determined to be income by the US Dept. of HUD, adjusted for family size, less deductions allowable under s. 62 of the Internal Revenue Code.

Adult day care center: Any building or buildings, or part of a building, whether operated for profit or not, which undertakes through its ownership or management, therapeutic programs of social and health services as well as activities for adults in a non-institutional setting. Participants may utilize a variety of services offered during any part of the 24- hour day, but less than a 24-hour period. These services are provided to three or more adults who are 18 years of age or older, who are not related to the owner/operator by blood or marriage, and who require such services. (F.S. § 429.901)

Adult entertainment establishment: Any business which excludes minors by virtue of age due to the presence or display of films, photographs, published materials, or activities of a sexual nature. This definition shall include adult bookstores and theaters, and establishments offering massage, body rubs, any display of nudity, and similar activities to the exclusion of minors. Establishments which offer medical and therapeutic services provided by state licensed practitioners are excluded from this definition. Any business qualifying as an incidental adult materials vendor shall also be excluded from this definition.

Adult family-care home: (Pursuant to F.S. § 429.65): A full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides, room, board, and personal care, on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives. The following family-type living arrangements are not required to be licensed as an adult family-care home:

(a)

An arrangement whereby the person who owns or rents the home provides room, board, and personal services for not more than two adults who do not receive optional state supplementation under s. 409.212. The person who provides the housing, meals, and personal care must own or rent the home and reside therein.

(b)

An arrangement whereby the person who owns or rents the home provides room, board, and personal services only to his or her relatives.

(c)

An establishment that is licensed as an assisted living facility under F.S. ch. 429.65.

Adverse effects: Any modifications, alterations, or effects on waters, associated wetlands, or shorelands, including their quality, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts.

Affordable housing: Housing for which monthly rents or monthly mortgage payments, including taxes, insurance and utilities, do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for households or persons indicated in F.S. § 420.004, (1991).

Agricultural uses: The use of land for producing or harvesting crops or plants; for raising, livestock or fish; for dairying; for forestry, fisheries, animal specialty farms or hunting, trapping and game propagation. Intense agricultural activities such as feed lots and egg production are not allowed within the city limits, unless they are pre-existing uses of the land prior to annexation.

Agricultural uses, limited: Land uses in residential areas that are characterized as agricultural in nature and are limited to: orchards; vineyards; nurseries; ornamental horticulture areas; groves; noncommercial greenhouses, bee keeping and raising of exotic species with the exception of venomous reptiles.

Alley: A narrow thoroughfare dedicated or used for public use upon which service entrances of buildings abut which is not generally used as a thoroughfare by both pedestrians and vehicles or which is not used for general traffic circulation and is not otherwise officially designated as a street.

Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment. Channelization or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

Alteration or alter: Any change in size, shape, character, occupancy, or use of a building or structure.

Amendment: Any action of a local government which has the effect of amending, adding to, deleting from or changing an adopted comprehensive plan element or map or map series, including an action affecting a prior plan or plan amendment adoption ordinance, but shall not mean a legislative act which only codifies local legislation or makes corrections, updates and modification of the capital improvements element concerning costs, revenue sources, acceptance of facilities or facility construction dates consistent with the plan as provided in F.S. § 163.3177(3)(b), and corrections, updates or modifications of current costs in other elements, as provided in F.S. § 163.3187(2). (s. 9J-5.003 F.A.C.)

Annexation: 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. (F.S. § 171-031)

Antique car/vehicle: Any vehicle 25 years or older, as defined by the State for registration.

Apartment building: A building which is used or intended to be used as a home or residence for three or more families living in separate apartments.

Apartment, efficiency: A dwelling unit in a multiple dwelling, consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

Apartment garage: A building designed and used exclusively for the housing of automobiles belonging to the occupants of an apartment building on the same premises.

Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this ordinance.

Aquifer: A water-bearing stratum of permeable rock, sand, or gravel.

Arterial road: A roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. In addition, every United States numbered highway is an arterial road. Arterial roads are designated as such on the Future Traffic Circulation Map of the City of Mulberry Comprehensive Plan.

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

Assisted living facility (aka adult congregate living facility): Any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator. (F.S. § 429.02)

Automotive repair, major: Includes activities listed under service station, as well as removal and major overhaul of engines, transmissions and drive systems, and all types of paint and body work.

Automotive repair, minor: See service station. A business which performs minor automotive repair may include the sale of motor fuels.

Automotive restoration/antique or classic (Private and "Not for Profit"): Restoring of classic vehicles (more than 20 years old) or antique vehicles (more than 25 years old) by a private individual and "not for profit". All activities must take place under cover. Stored vehicles must be screened. Vehicles may not be stored in front of the principal structure and must be setback ten feet from side and rear property lines. An individual who is restoring a classic or antique vehicle, may have three inoperable vehicles as long as they are of the same make and model of the vehicle he is restoring.

Auto salvage yard: A commercial business which disassembles inoperable vehicles for the purpose of resale of automobile parts. Not more than three inoperable vehicles may be stored at any one time. See "Junkyard" for a business which stores more than three inoperable vehicles.

Availability or available: With regard to the provision of facilities and services concurrent with the impacts of development, means that at a minimum the facilities and services will be provided in accordance with the standards set forth in Rule 9J-5.0055(2), Florida Administrative Code.

Bar or saloon: Any place devoted primarily to the retailing and drinking of malt, vinous, or other alcoholic beverages or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

Base flood: The flood having a one percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood."

Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 202: see "Basement (for flood loads}".]

Bed and breakfast: An owner-occupied dwelling unit containing no more than six guest rooms where lodging, with or without meals, is provided for compensation.

Beneficial functions of a wetland: Those functions, described in the Conservation Element of the Comprehensive Plan and in this Code that justify protection of wetlands.

Best management practice (BMP): A practice or combination of practices that are determined to be the most effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.

Buffer: An area or strip of land established to separate and protect one type of land use from another with which it is incompatible. A buffer area typically is landscaped and contains vegetative plantings, berms, and/or walls or fences to create a visual and/or sound barrier between the two incompatible uses.

Building: Any structure either temporary or permanent having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This definition shall include tents, awnings or vehicles situated on private property and serving in any way the function of a building.

Building line: The rear edge of any required front yard or the rear edge of any required setback line. Except as specifically provided by this zoning ordinance, no building or structure may be extended to occupy any portion of a lot street ward or otherwise beyond the building line.

Camping trailer: See "Recreation Vehicle".

Canopy: Canopy refers to the area shaded by the crown of mature tree, which is listed among the approved species.

Capital budget: The portion of each local government's budget which reflects capital improvements scheduled for a fiscal year.

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

Capital improvement program (CIP): A five year listing of proposed capital improvement projects.

Carport: A private garage not completely enclosed by walls and doors.

Cemetery: A plot or parcel of land used or intended for use as a burial place in or above the ground for dead human bodies, whether or not markers or monuments are used.

Central business district: A compact urban core area of a municipality or unincorporated urbanized area which serves as the primary center for economic activity in the jurisdiction.

Child care: The care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care. (F.S. § 402.302)

Child care, drop-in: Child care provided occasionally in a child care facility in a shopping mall or business establishment where a child is in care for no more than a four-hour period and the parent remains on the premises of the shopping mall or business establishment at all times. Drop-in child care arrangements shall meet all requirements for a child care facility unless specifically exempted. (F.S. § 402.302)

Child care, evening: Child care provided during the evening hours and may encompass the hours of 6:00 p.m. to 7:00 a.m. to accommodate parents who work evenings and late- night shifts. (F.S. § 402.302)

Child care, weekend: Child care provided between the hours of 6:00 p.m. on Friday and 6:00 a.m. on Monday. (F.S. § 402.302)

Child care facility: Any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included:

(a)

Public schools and nonpublic schools and their integral programs, except as provided in F.S. § 402.3025;

(b)

Summer camps having children in full-time residence;

(c)

Summer day camps;

(d)

Bible schools normally conducted during vacation periods; and

(e)

Operators of transient establishments, as defined in chapter 509, which provide child care services solely for the guests of their establishment or resort, provided that all child care personnel of the establishment are screened according to the level 2 screening requirements of chapter 435. (F.S. § 402.302)

City: City of Mulberry.

Classic car/vehicle: A vehicle 20 years or older, as defined by the State for registration purposes.

Club, night: A restaurant, dining room, bar or other similar establishment providing food or refreshments wherein floor shows or other forms of entertainment by persons are provided for guest after 11:00 p.m.

Club, private: Pertains to and includes those associations and organizations of a fraternal or social character, not operated or maintained for profit. The term private club shall not include casinos, night clubs or other institutions operated as a business.

Cluster development: A development pattern in which residential uses are grouped or "clustered" through a density transfer, rather than spread evenly throughout a parcel as a conventional lot-by-lot development.

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

Collector road: A roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. All collector roads are designated as such on the Future Traffic Circulation Map of the City of Mulberry Comprehensive Plan.

Commercial uses: Activities within land areas which are predominantly connected with the sale, rental and distribution of products, or performance of services.

Commercial vehicle: A vehicle designed, intended or used for transportation of people, goods or things other than private vehicles and trailers for private nonprofit transport of goods and boats.

Compatibility: A condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition.

Concurrency: The necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur.

Concurrency management system: The procedures and/or process that the local government will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development.

Cone of influence: An area around one or more major water wells the boundary of which is determined by the government agency having specific statutory authority to make such a determination based on groundwater travel or drawdown depth.

Conservation uses: Activities or conditions within land areas designated for the purpose of conserving or protecting natural resources or environmental quality, including areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, commercially or recreationally valuable fish and shellfish, or protection of vegetative communities or wildlife habitats.

Convenience store with gas: See "Gasoline Sales (No Service)".

Coverage: The percentage of the plot area covered or occupied by buildings or roofed portions of structures.

Density: An objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre; "Density control" is a limitation on the occupancy of land, and is generally implemented through zoning. Specific methods include use restrictions, such as single or multiple family dwellings, minimum lot-size requirements, floor area ratio, setback or yard requirements, minimum house size requirements, lot area requirements, or other means. The average density over an area or parcel remains constant, but internal variations are allowed.

Density, net: Number of units per build-able acre of land, excluding supporting facilities such as subdivision road right-of-way, water and wastewater treatment plants, and property owned or used in common by the residents of a development (e.g., clubhouse or golf course).

Depth and width: The depth of a lot is the distance between its mean front street line and its mean rear line. The width of a lot is the distance between the sidelines thereof if such lines are parallel to each other. If sidelines are not parallel, width shall be construed as mean width.

Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, 8 ₁ Section 202.]

(1)

Area with a floodplain subject to a one-percent or greater chance of flooding in any year: or

(2)

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

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

Developer: Any person, including a governmental agency, undertaking any development. (F.S. § 380.031)

Development: The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.

The following activities or uses shall be taken to involve "development:"

A reconstruction, alteration of the size, or material change in the external appearance of a structure on land; a change in the intensity of use of 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 in a structure or on land; alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction"; commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land; demolition of a structure; clearing of land as an adjunct of construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land.

The following operations or uses shall not be taken to involve "development":

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way; work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights of way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like; work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; the use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; the use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock, or for other agricultural purposes; a change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class; a change in the ownership or form of ownership of any parcel or structure; the creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

Development as defined for purposes of Section 5.01.00, Development in Flood-Prone Areas, means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

"Development" as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. (F.S. § 380.04)

Development controls: Standards in the comprehensive plan which control the development or use of land and which are in addition to the densities, intensities, and uses assigned to land by the future conditions maps.

Development order: Any order granting, denying, or granting with conditions an application for a development permit. (F.S. § 380.031)

Development permit: Includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development. (F.S. § 380.031)

District: A portion of the territory of the city for which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the zoning ordinance.

D.O.T: The Florida Department of Transportation.

D.O.T. specifications: Florida Department of Transportation Standard Specifications for Road and Bridge Construction, current edition.

DRI, development of regional impact: Any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county or jurisdiction. Thresholds that define when a proposed development would be a DRI, according to the number of dwelling units, parking spaces or square feet, are established for each county by State Statute.

Drive-in restaurant or refreshment stand: Any place or premises used for sale, dispensing or serving of good, refreshments or beverages in automobiles.

Duplex: A building designed and intended for or occupied exclusively by two families living independently of each other.

Dwelling: A building or portion thereof designed exclusively for residential occupancy including one-family, two-family and multiple-family dwellings but not including hotels, boarding, lodging houses or house trailers whether such trailers be mobile or located in a stationary fashion on blocks or other foundation.

Dwelling, unit: A space, area or portion of a building designed for and occupied by one family as a dwelling with cooking facilities for the exclusive use of such family.

Easement: A right given by the owner of land to another party for specific limited use of that land. For example, a property owner may give or sell an easement on his property to allow utility facilities like power lines or pipelines, or to allow access to another property. A property owner may also sell or dedicate to the government the development rights for all or part of a parcel, thereby keeping the land open for conservation, recreation, scenic or open space purposes.

Educational uses: Activities and facilities of public or private primary or secondary schools, vocational and technical schools, and colleges and universities licensed by the Florida Department of Education, including the areas of buildings, campus open space, dormitories, recreational facilities or parking.

Encroachment. The placement of fill. excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

Environmentally sensitive land: Wetlands, floodplains or critical habitat for plant or animal species listed by the Florida Department of Agriculture and Consumer Services (FDACS), the Florida Game and Fresh Water Fish Commission (FGFWFC), or the United States Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern. A Critical Habitat means the specific area within a geographic area occupied by plant or animal species listed by FDACS, FGFWFC or USFWS as endangered, threatened, or species of special concern on which are found those physical or biological features essential to the conservation of the species and which may require management considerations or protection.

Erected: Includes built, constructed, reconstructed, moved upon or any physical operations on the premises required for building. Excavations, fill, drainage, and the like shall be considered a part of erection.

Essential services: The erection, construction, alteration or maintenance by private utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems collection, communication, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or governmental agencies or for the public health or safety or general welfare but not including buildings.

Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before February 4, 1981. [Also defined in FBC, B, Section 202.]

Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before February 4, 1981.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FAC: Florida Administrative Code.

Facility availability: Whether or not a facility is available in a manner to satisfy the concurrency management system.

Factory-built housing: Shall mean any residential building, or building component or building system therefor, which is of closed construction and which is made or assembled in manufacturing facilities for installation, or assembly and installation, on the building site. Factory-built housing may also mean any residential building, or building component or building system therefor of open construction made or assembled in manufacturing facilities for installation or assembly and installation on the building site.

Family: One person or a group of two or more persons living together and interrelated by bonds of blood, marriage or legal adoption occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants.

Family day care home: (Pursuant to F.S. § 402.302); The operation of a residence as a family day care home, as defined by law, registered or licensed with the Department of Children and Family Services shall constitute a valid residential use for purposes of any local zoning regulations, and no such regulation shall require the owner or operator of such family day care home to obtain any special exemption or use permit or waiver, or to pay any special fee in excess of $50.00, to operate in an area zoned for residential use (F.S. § 166.0445).

An occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

(a)

A maximum of four children from birth to 12 months of age.

(b)

A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.

(c)

A maximum of six preschool children if all are older than 12 months of age.

(d)

A maximum of ten children if no more than five are preschool age and, of those five, no more than two are under 12 months of age. (F.S. § 402.302)

Family foster home: A private residence in which children who are unattended by a parent or legal guardian are provided 24-hour care. Such homes include emergency shelter family homes, family foster group homes, and specialized foster homes for children with special needs. The following are not considered a family foster home: a person who cares for a child of a friend for a period not to exceed 90 days; a relative who cares for a child and does not receive reimbursement for such care from the state or federal government; or an adoptive home which has been approved by the state or by a licensed child-placing agency for children places for adoption. (F.S. § 409.175)

Farmworker(s): means a person(s) who has worked 25 days or more, earning at least one-half of their income in agricultural work in the last 12 months and was not employed year round by the same employer.

Farm worker housing: The living accommodations of farm employees and their families, on one lot or parcel without regard to duration, which occurs exclusively in association with the performance of agricultural labor.

FDEP: The Florida Department of Environmental Protection.

Federal Emergency Management Agency (FEMA). The federal agency that. in addition to carrying out other functions, administers the National Flood Insurance Program.

Fill: Depositing of any materials by any means in any waterbody or wetland.

Filling station: See "Gasoline Sales (No Service)".

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from [Also defined in FBC, B, Section 202.]

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

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

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

(1)

The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.

(2)

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

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

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

Floodplain administrator. The office or position designated and charged with the administration and enforcement of this ordinance (may be referred to as the floodplain manager).

Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance.

Floodways: The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 202].

Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations: the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models.

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

Foster care facility: A residential facility which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such a facility shall not be more than three residents. (F.S. § 393.063)

Frontage of a building: The side or wall of a building approximately parallel and nearest to a street. When on a corner, frontage of a building shall be determined by the building and zoning director.

F.S.: Florida Statutes.

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

Garage, private: An accessory structure designed or used for inside parking of self-propelled private passenger vehicles by the occupants of the main building. A private garage attached to or a part of the main structure is to be considered part of the main use. An unattached private garage is to be construed as an accessory building.

Garden home: see "Single Family Attached Dwelling Unit".

Gasoline sales (No service)/gas station/filling station/convenience store with gas: A building and land used or intended for use to dispense, sell, or offer for sale any motor fuels, oils, or automotive accessories, and retail sale of grocery store items; but where no major automotive repair, body rebuilding, welding, tire capping, or painting is or is intended to be performed.

Gas station: See "Gasoline Sales (No Service)".

Golf course: Public or private golf course and par three courses including clubhouse, parking lots and maintenance facilities.

Grade, established: The average elevation of the public sidewalks around or abutting a plot or in the absence of sidewalks, the average elevation of the public streets abutting the plot.

Grade, finishing: The finished grade of premises improved by a building is the elevation of the surface of the ground adjoining the building. Where the finished grade is below the level of the established grade, the established grade shall be used for all purposes of this chapter.

Group home facility: A residential facility which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such a facility shall be at least four residents but not more than 15 residents. For the purposes of this chapter, group home facilities shall not be considered commercial enterprises. (F.S. § 393.063)

Hardship: Conditions peculiar to a property and not the result of the actions of the applicant, previous owners, or physical circumstances.

Hazardous material: Any hazardous chemical, toxic chemical, or extremely hazardous substance, as defined in s. 329 of Title III. (F.S. § 252.82)

Hazardous waste: Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed.

Height of building: The height of a building shall be the vertical distance measured from the mean level of the finished grade to the level of the highest point of the underside of the finished ceiling line. Where a structure is set back from the street line, the mean level of the finished grade of the premises along the line of that part of the structure nearest the street line may be substituted for the established grade for the purpose of determining the height of a building.

High recharge area or prime recharge area: An area so designated by the appropriate water management district governing board. High recharge and prime recharge areas shall receive a level of protection commensurate with their significance to natural systems or their status as current or future sources of potable water.

Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

Historic resources: All areas, districts or sites containing properties listed on the Florida Master Site File, the National Register of Historic Places, or designated by a local government as historically, architecturally, or archaeologically significant.

Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.

Home occupation: An occupation for gain or support conducted solely by immediate members of a family residing in a dwelling, provided no article is sold or offered for sale except as may be produced on the premises by members of the family or used in performance in the service; where no evidence of the home occupation is noticeable from off of the premises except a sign as regulated in article 4. In general, home occupations shall include, but not be limited to, personal services such as are furnished by a musician, artist, beauty operator, seamstress, home party makeup sales such as Avon or Mary Kay, home party clothing sales, home party appliance sales like Tupperware, home party cleaning product sales like Amway, insurance work, and computer work.

Hospice: A centrally administered corporation not for profit ("not-for profit" as defined in F.S. ch. 617) providing a continuum of palliative and supportive care for the terminally ill patient and his or her family. (F.S. § 400.601)

Hospice Residential Unit: A homelike living facility, or other facility licensed under other parts of F.S. ch. 400, or F.S. ch. 395, (Hospitals), or under F.S. ch. 429, (Assisted Care Communities), that is operated by a hospice for the benefit of its patients and is considered by a patient who lives there to be his or her primary residence. (F.S. § 400.601)

Hotel: A building, or part thereof, in which sleeping accommodations are offered to the public with no cooking facilities for use by the occupants and in which there may be a public dining room for the convenience of guests. Access to sleeping rooms shall be through the inside lobby or office.

Hurricane shelter: A structure designated by local officials as a place of safe refuge during a storm or hurricane.

Impervious surface: Impervious surfaces shall include all land paved with concrete or asphalt that is used for off-street parking, driveways, sidewalks, patios, and service areas.

Industrial uses: The activities within land areas predominantly connected with manufacturing, assembly, processing, or storage of products.

Incompatible land uses: Land uses which, if occurring adjacent to one another, have a detrimental effect on one or both of the uses.

Industrial Uses: The activities within land areas predominantly connected with manufacturing, assembly, processing, or storage of products.

Inoperable vehicle: A motor vehicle which does not have a current state license plate; or a vehicle which is licensed but is disassembled or wrecked in part or in whole and is unable to move under its own power.

Intensity: An objective measurement of the extent to which land may be developed or used, including the consumption or use of the space above, on or below ground; the measurement of the use of or demand on natural resources; and the measurement of the use of or demand on facilities and services.

Isolated wetland: Any wetland that has no hydrological or vegetative connections with any water of the state as defined in F.S. § 327.02(28).

Junkyard: A place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or closed storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations. Storage of more than three inoperable vehicles constitutes a junkyard.

[Note: An individual who is restoring, not for profit, a classic or antique vehicle, may have three inoperable vehicles as long as they are of the same make and model of the vehicle he is restoring.]

Kennel: A facility for the overnight boarding of animals, where outside runs or pens are provided.

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

Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study: upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

Level of Service (LOS): An indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility.

Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

(1)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

(2)

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

(3)

Available with special features enabling off-street or off-highway operation and use.

Local road: A roadway providing service which is of relatively low traffic volume, short average trip length or minimal through traffic movements, and high volume land access for abutting property.

Lodging house: A building, or part thereof, other than a motel or hotel where sleeping accommodations are provided for hire more or less transiently without provisions for cooking by guests or for meals for guests.

Lot: For zoning purposes, as covered by this chapter, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as herein required. In no case shall any residential lot or parcel be created which does not meet the requirements of this chapter. Such lot shall have frontage on an improved public street and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record;

(4)

A parcel of land described by metes and bounds descriptions.

Low income persons: One or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. For the City of Mulberry, the median income of Polk County is used. (F.S. § 420.004, (1991))

Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, 8 ₁ Section 202.]

Major trip generators or attractors: Concentrated areas of intense land use or activity that produces or attracts a significant number of local (vehicle) trip ends. (s. 9J-5.003 F.A.C.)

Manufactured building: A closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facilities for installation or erection as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures. The term includes buildings not intended for human habitation such as lawn storage buildings and storage sheds manufactured and assembled offsite by a manufacturer in conformance with F.S. ch. 553, Pt, I, as shown by the proper insignia. This definition does not apply to mobile homes.

Manufactured home park or subdivision. For the purposes of section 5.01.00, a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufactured (mobile) home: A pre-constructed dwelling unit, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, and which is built on a metal frame and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. If manufactured after June 15, 1976, each section must bear a U.S. Department of Housing and Urban Development (HUD) label certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standards. Manufactured (mobile) homes shall be used for single family residential purposes only in the City of Mulberry and shall be licensed pursuant to F.S. ch. 320.01, 1992 Supplement. In the event a manufactured (mobile) home becomes ineligible for a title certificate under F.S. ch. 319, it shall no longer be considered a manufactured (mobile) home. Those units with a HUD label may only be used as single family homes and permitted in single family zoning districts where manufactured homes are allowed. This definition also includes those units licensed by the DCA, containing a DCA label and known in the industry as "modular homes." Those units with a DCA label may only be used as single family homes and permitted in single family zoning districts where manufactured homes are allowed. However, to accommodate existing uses within the City, manufactured buildings may be used as classrooms on existing school sites.

Manufactured (mobile) home park: Development site on which manufactured (mobile) homes are installed and organized around a common set of amenities, including private internal roads, clubhouse or recreation facility, and common open space. A manufactured (mobile) home park may not be platted or otherwise divided by fee simple ownership; however, the sale of interests or memberships on a condominium basis is permitted. All facilities, including roads, are privately owned or owned in common by residents of the park.

Manufactured (mobile) home subdivision: A platted subdivision where manufactured homes are sited, either those with a HUD label or DCA label, with no common amenities, including private internal roads, clubhouse and/or recreation facility, or common open space. A manufactured (mobile) home subdivision is not allowed or permittable within the city limits of the City of Mulberry at this time.

Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser.

MGD: Million gallons per day.

Minerals: All solid minerals, including clay, gravel, phosphate rock, lime, shells (excluding live shellfish), stone, sand, heavy minerals, and any rare earths, which are contained in the soils or waters of the state.

Mining: The act of taking mineral substances from a pit or excavation in the earth.

Mini-warehouse: A self-service facility consisting of individual self-contained units used for storage and no other purpose, plus an office/residence for a manager.

Mitigation: Any action, including but not limited to, restoration, enhancement, or creation of wetlands, required to be taken in order to offset environmental impacts on permitted activities.

Moderate income persons: One or more natural persons or a family, the total annual adjusted gross household income of which does is less than 120 percent of the median annual adjusted gross income for households within the state, or 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. For the City of Mulberry, the median income of Polk County is used. (F.S. § 420.004, 1991)

Modular home or building: A home or building is considered "modular" if a portion of that structure was constructed off-site and brought to the site for incorporation into the standard construction building. The portion of the building constructed off-site that makes the structure "modular" may be a portion of the electrical, plumbing, heating, or ventilating systems, or roof or wall trusses or wall sections. These are generally built off-site in a manufacturing facility and are produced for installation and erection as part of a finished building. Modular buildings must be constructed to meet all the requirements of the Florida Building Code (FBC) and any other design standards the City may adopt that apply to conventional construction. Modular homes/buildings are subject to inspection schedules by the City of Mulberry as a conventionally built home would be inspected. Modular buildings can include residential, commercial, institutional, storage, and industrial structures. For the purposes of this Code and the City of Mulberry, modular buildings shall not include manufactured homes, mobile homes and "modular" homes labeled and licensed by HUD and DCA. (See Also Manufactured Building).

Motel: A building, or part thereof, in which sleeping and/or living accommodations are offered to the public primarily on a short term or transient basis with access to the individual units from the exterior of the building and parking facilities for use of guests near their quarters.

Motor home: See "Recreation Vehicle".

MPO: Metropolitan Planning Organization for the Lakeland/Winter Haven Urbanized Areas.

National Register of Historic Places: Established by Congress in 1935, the National Register of Historic Places is a listing of culturally significant buildings, structures, objects, sites, and districts in the United States. The listing is maintained by the U.S. Department of Interior.

Natural drainage features: The naturally occurring features of an area which accommodate the flow of significant amounts of stormwater, such as streams, rivers, lakes, sloughs, floodplains, and wetlands.

Natural drainage flow: The pattern of surface and stormwater drainage through or from a particular site before the construction or installation of improvements or prior to regrading.

Natural reservations: Areas designated for conservation purposes, and operated by contractual agreement with or managed by a federal, state, regional or local government or non-profit agency such as: national parks, state parks, lands purchased under the Save Our Coast, Conservation and Recreation Lands or Save Our Rivers programs, sanctuaries, preserves, monuments, archaeological sites, historic sites, wildlife management areas, national seashores, and Outstanding Florida Waters. This definition does not include privately owned land managed by a state agency on either a voluntary or a short-term contractual basis.

New construction. For the purposes of administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after February 4, 1981 and includes any subsequent improvements to such structures.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after February 4, 1981.

New town: A new urban activity center and community designated on the future land use map and located within a rural area or at the rural-urban fringe, clearly functionally distinct or geographically separated from existing urban areas and other new towns. A new town shall be of sufficient size, population and land use composition to support a variety of economic and social activities consistent with an urban area designation. New towns shall include basic economic activities; all major land use categories, with the possible exception of agricultural and industrial; and a centrally provided full range of public facilities and services. A new town shall be based on a master development plan, and shall be bordered by land use designations which provide a clear distinction between the new town and surrounding land uses.

Nonconforming structure: A structure, or portion thereof, existing at the effective date of the ordinance from which this chapter was derived or any amendments thereto, which was occupied, designed, erected, intended or structurally altered for a use not permitted at its location by the provisions of this chapter for a new use and/or which does not conform to all of the regulations applicable to the district in which it is located.

Nonconforming Use: The use of a structure or premises, existing at the effective date of the ordinance from which this chapter was derived or any amendments thereto, for any purpose not permitted for a new use in the district in which it is located.

Nursery school: See "Child Care Facility".

Nursing home facility: Any facility which provides nursing services as defined in F.S. ch. 464, and which is licensed according to F.S. ch. 400. Facility means any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide, for a period exceeding 24-hours, nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services; but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services. (F.S. ch. 400)

Open space: Undeveloped lands suitable for passive recreation or conservation uses.

Package store: A place where alcoholic beverages are dispensed or sold in containers for consumption off the premises.

Parcel of land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. (F.S. § 380.031)

Parking: The temporary, transient storage of private passenger motor vehicles used for personal transportation, while their operators are engaged in other activities. It shall not include storage of new or used cars for sale, service, rental or any other purposes other than specified above.

Park model rv/ park model recreation vehicle/ park trailer/ park model mobile home: A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to U.S. Department of Housing and Urban Development (HUD) standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. (F.S. § 320.01)

Person: Any individual, group of individuals, firm, corporation, association, organization, or any legal entity.

Places of public assembly: Any area, building, or structure where people assemble for a common purpose, such as a social, cultural, recreational, and/or religious purposes, whether owned and/or maintained by a for-profit or not-for-profit entity, and includes, but is not limited to, public assembly buildings such as auditoriums, theaters, halls, private clubs and fraternal lodges, assembly halls, exhibition halls, convention centers, and places of worship, or other areas, buildings, or structures that are used for religious purposes or assembly by persons.

Places of worship: Any area, building, or structure where people assemble for religious purposes.

Planned unit development (PUD): A form of development characterized by a unified site design for a number of housing units, clustering buildings, and providing common open space, density increases, and a mix of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis. Also, a process in which public officials have considerable involvement in determining the nature of development through site plan review. It includes aspects of both subdivision and zoning regulation and is administered through a zoning process.

Plat: A map or drawing depicting the division of land into lots, blocks parcels, tracts, sited, or other divisions set forth in F.S. ch. 177.

Playground: A recreation area with play apparatus.

Pollution: The presence in the outdoor atmosphere, ground or water of any substances, contaminants, noise, or manmade or man induced alteration of the chemical, physical, biological, or radiological integrity of air or water, in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property.

Porch: A roofed-over space attached to the outside of an exterior wall of a building which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure.

Potable water: Water suitable for human consumption and which meets water quality standards determined by the Department of Health and Rehabilitative Services, provided through a public system or by private well.

Potable water facilities: A system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains.

Potable water wellfield: The site of one or more water wells which supply potable water for human consumption to a water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

Public access: The ability of the public to physically reach, enter or use recreation sites including beaches and shores.

Public buildings and grounds: Structures or lands that are owned, leased, or operated by a government entity, such as civic and community centers, hospitals, libraries, police stations, fire stations, and government administration buildings. In the City of Mulberry, permitted uses include schools; government buildings; fire and police stations; public recreation with its associated buildings and grounds, such as community centers, city pools, parks, playgrounds, courts, ballfields, indoor recreation facilities, nature preserves; all city, county, state and national parks located within the City limits; and, open space. The floor area ratio for public buildings shall not exceed 2.0; density shall not exceed one single family dwelling unit per ten acres for a caretaker on public recreation lands or on school grounds.

Public facilities: Transportation systems or facilities, sewer systems or facilities, solid waste systems or facilities, drainage systems or facilities, potable water systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public health systems or facilities.

Public supply water system: A public water system which serves at least 15 service connections used by year round residents or regularly serves at least 25 year-round residents. (F.S. § 403.852)

Public recreation sites: Sites owned or leased on a long-term basis by a federal, state, regional or local government agency for purposes of recreational use.

Purchase of development rights: The acquisition of a governmentally recognized right to develop land which is severed from the realty and held or further conveyed by the purchaser.

Recreation: The pursuit of leisure time activities occurring in an indoor or outdoor setting.

Recreation facility: A component of a recreation site used by the public such as a trail, court, athletic field or swimming pool.

Recreation uses, indoor: Uses run by the city or other government entity as a service to the community. Indoor recreation uses include areas for recreation activities including, but not limited to, aquariums, day or youth camps, community or recreation centers, gymnasiums, libraries or museums, indoor skating rinks, indoor swimming pools, indoor tennis, racquetball, handball courts, and all other institutional, indoor recreation.

Recreation uses, indoor commercial: Uses run by a private company as a business. This category consists of uses that share land use characteristics such as traffic-generation rates and bulk (buildings) requirements. These uses include but are not limited to, bowling alleys, dance studios, schools for martial arts, physical fitness centers, private clubs or lodges, movie theater, theaters and auditoriums, and indoor skating rinks.

Recreation uses, outdoor: Uses run by the city or other government entity as a service to the community. Outdoor recreation uses include areas for recreation activities including, but not limited to, arboretums, basketball courts, boat launching ramps, areas for cycling, docks, fairgrounds, fish camps, hiking, and jogging, outdoor nature areas, parks, picnic areas, piers, playfields, playgrounds, outdoor swimming pools and springs, tennis courts, tot lots, wildlife sanctuaries, and all other institutional, outdoor recreation uses. Specifically excluded are outdoor movie theaters, firing ranges, miniature golf courses, golf driving ranges, and marinas.

Recreation uses, outdoor commercial: Uses run by a private company as a business. This group includes recreation uses that are greater nuisances than conventional outdoor recreation activities because of their size and scale, traffic volumes, noise, lights, or physical hazards such as flying objects or use of weapons. These uses include, but are not limited to, amusement parks, drive-in theaters, commercial stables, golf driving ranges (including miniature golf), marinas, outdoor theaters (or amphitheaters), race tracks (e.g., auto, dog, go- kart, harness, horse, motorcycle), ranges (skeet, rifle, or archery), sport arenas, and all other outdoor commercial recreation uses.

Recreation vehicle (RV): A unit primarily designed as temporary living quarters for recreation, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities of recreation vehicles are: travel trailer, fifth-wheel travel trailer, camping trailer, truck camper, motor home, private motor coach, van conversion, and park model RV/park trailer. (F.S. § 320.01)

Recreation vehicle (RV) campgrounds: A development designed specifically to accommodate RVs for overnight or limited vacation-season stays. However, RVs may be accommodated in a permanent area, intended for permanent residential rather than vacation/seasonal residential use, in which case they are known as RV "parks."

Recreation vehicle (RV) parks: A development designed specifically to accommodate recreation vehicles in which recreation vehicles and/or "park model" mobile homes are permanently sited and occupied year round. However, RV parks may be designed for overnight or limited vacation/seasonal stays, in which case they are known as RV "campgrounds."

Recreation vehicle (RV) unit: Those units primarily designed as temporary living quarters for recreation, camping or travel use, which either have their own mode of power or are mounted on or drawn by another vehicle. When traveling on the public roadways of Florida, recreational vehicle units shall comply with the length and width provisions of F.S. § 316.515, and as that section may hereafter be amended. Unless stated otherwise, the following definitions are provided in F.S. §320.01:

1.

Travel trailer: A vehicular portable unit mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreation, camping, or travel use. It is of a body width, not more than eight feet and a body length of no more than 40 feet when factory equipped for the road.

2.

Fifth-wheel trailer: A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit, of gross trailer area not to exceed 400 square feet in the setup mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.

3.

Camping trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreation, camping or travel use.

4.

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

5.

Motor home: A vehicular unit which does not exceed the length, height, and width limitations provided in F.S. § 316.515 that is built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreation, camping or travel use. Motor homes shall comply with the length and width provisions of F.S. § 316.515, and as that Section may hereafter be amended. For the purposes of this Code, motor home shall not refer to "mobile home" or "manufactured home".

6.

Park Model RV or park model mobile home: See Park Model RV.

7.

Private motor coach: A vehicular unit which does not exceed the length, width, and height limitations provided in F.S. § 316.519(9), is built on a self- propelled bus type chassis having no fewer than three load-bearing axles, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use.

8.

Van conversion: A vehicular unit which does not exceed the length and width limitations provided in F.S. § 316.515, is built on a self-propelled motor vehicle chassis, and is designed for recreation, camping, and travel use.

Recreational vehicle. For the purposes of section 5.01.00, a vehicle, including a park trailer, which is: [see in F.S. § 320.01)

(1)

Built on a single chassis:

(2)

Four hundred square feet or less when measured at the largest horizontal projection:

(3)

Designed to be self-propelled or permanently towable by a light-duty truck: and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Remodeling, redecorating or refinishing: Any change, removal, replacement or addition to walls, floors, ceilings and roof surfaces or coverings which do not support any beam, ceiling, floor load, bearing partition, columns, exterior walls, stairways, roofs or other structural elements of a building or structure.

Residential uses: Activities within land areas used predominantly for housing.

Restaurant: A building or room, not operated as a dining room in connection with a hotel where food is prepared and served for pay for consumption on the premises.

Right-of-way: Land in which the state, a county, or a municipality owns the fee simple title or has an easement dedicated or required for a transportation or utility use.

Roadway functional classification: The assignment of roads into categories according to the character of service they provide in relation to the total road network. Basic functional categories include limited access facilities, arterial roads, and collector roads, which may be subcategorized into principal, major or minor levels. Those levels may be further grouped into urban and rural categories.

Room: An unsubdivided portion of the interior of a dwelling excluding bathrooms, kitchens, closets, hallways and service porches.

Rural areas: Low density areas characterized by social, economic and institutional activities which may be largely based on agricultural uses or the extraction of natural resources in unprocessed form, or areas containing large proportions of undeveloped, unimproved, or low density property.

Rural village or rural activity center: A small, compact node of development within a rural area containing development, uses and activities which are supportive of and have a functional relationship with the social, economic and institutional needs of the surrounding rural areas.

Sanitary sewer facilities: Structures or systems designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants and disposal systems.

Seasonal population: Part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population shall include tourists, migrant farmworkers, and other short-term and long-term visitors.

Septic tank: A watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system.

Service garage: See Automotive Repair, Major.

Service station: Includes activities listed under "Gasoline Sales (No Service)", plus: activities conducted at a service garage including the sale of any motor fuels, oils, or automotive accessories and maintenance or small-scale mechanical work on motor vehicles. This shall include inspection, maintenance, repair or replacement of the following: brake systems; ignition and electrical systems; carburetors and fuel systems; batteries; oil, antifreeze and other fluids; and, tires. Also included are auto washing and detailing, and the tuning and adjustment, but not disassembly or removal, of engines and transmissions.

Services: The programs and employees determined necessary by local government to provide adequate operation and maintenance of public facilities and infrastructure as well as those educational, health care, social and other programs necessary to support the programs, public facilities, and infrastructure set out in the local plan or required by local, state, or federal law.

Single family attached dwelling unit: Residential dwelling unit designed and constructed to meet Southern Standard Building Code requirements for single family attached structures, sharing a common side wall with at least one other unit, and having a designated yard and entrance which are not shared with other units. Such units shall be built only on property which is platted according to applicable subdivision regulations provided in article 7, section 7.00, "subdivision regulations."

Single family dwelling unit, standard construction: Residential dwelling unit designed and constructed to meet Southern Standard Building Code requirements for single family homes and any other design standards the City may adopt that apply to conventional construction. Such units shall be built only on property which is platted according to applicable subdivision regulations provided in article 7, section 7.00, "subdivision regulations."

Site: The location of a significant event, activity, building, structure, or archaeological resource.

Site development plan: A plan, to scale, showing uses and structures proposed for a parcel of land as required by land development regulations. It includes lot lines, streets, building sites, reserved open spaces, buildings, major landscape features; both natural and man-made; and, depending on requirements, the locations of proposed utility lines.

Site plan review: The process whereby local officials review the site plans and maps of a developer to assure that they meet the stated purposes and standards of land development regulations, provide for the necessary public facilities, and protect and preserve topographical features and adjacent properties through appropriate siting of structures and landscaping.

Solid waste: Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

Solid waste facilities: Structures or systems designed for the collection, processing or disposal of solid wastes, including hazardous wastes, and includes transfer stations, processing plants, recycling plants, and disposal systems.

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

Start of construction: The date of issuance of permits for new construction and substantial improvements, provided the "actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement" was within 180 days of the permit issuance date. The "actual start of construction" means the first placement of permanent elements of a structure on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or of the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; erection of temporary forms; or the installation of accessory structures. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 202.]

Stormwater: The flow of water which results from a rainfall event.

Stormwater basin (formerly drainage basin): The area defined by topographic boundaries which contributes stormwater to a watershed, drainage system, estuarine waters, or oceanic water, including all areas artificially added to the basin.

Stormwater management detention structure (formerly drainage detention structure): A structure which collects and temporarily stores stormwater for the purpose of treatment through physical, chemical or biological processes with subsequent gradual release of the stormwater.

Stormwater management facilities: Manmade structures that are part of a stormwater management system designed to collect, convey, hold, divert, or discharge stormwater, and may include stormwater sewers, canals, detention facilities and retention facilities.

Stormwater management retention structure (formerly drainage retention structure): A structure designed to collect and prevent the release of a given volume of stormwater by complete on-site storage.

Street: A thoroughfare used for public foot and vehicular traffic other than an alley as herein defined shall be deemed a street.

Street line: The line between the street and abutting property as determined by the city engineer.

Structure: Anything constructed or installed which is rigidly and permanently attached to the ground or to another object which is rigidly and permanently attached to the ground. This shall include but not be limited to supporting walls, signs, screened or unscreened enclosures covered by a permanent roof, swimming pools, poles, and pipelines.

Subdivision: Any tract or plot of land divided into two or more lots or parcels less than one acre in size for sale, lease or rent for residential, industrial or commercial use, regardless of whether the lots or parcels are described by reference to recorded plats, metes and bounds description, or by any other legal method. (§ 10D-6 F.A.C.)

Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 202.]

Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 202.]

(1)

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

(2)

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

SWFWMD: The Southwest Florida Water Management District.

25-Year Frequency, 24-Hour Duration Storm Event: A storm event and associated rainfall during a continuous 24-hour period that may be expected to occur once every 25 years. Its associated floodplain is that land which may be expected to be flooded during the storm event.

Townhouse: A design term, referring to the physical form of more than two single family attached homes with a ground floor entry. Also, see Single Family Attached Dwelling Unit.

Transfer of development rights: A governmentally recognized right to use or develop land at a certain density, or intensity, or for a particular purpose, which is severed from the realty and placed on some other property.

Transportation disadvantaged: Those individuals who because of physical or mental disability, income status, or age are unable to transport themselves or to purchase transportation and are, therefore, dependent upon others to obtain access to health care, employment, education, shopping, social activities, or other life-sustaining activities.

Travel trailer: See Recreation Vehicle.

Truck camper: See Recreation Vehicle.

Truck stop: Any facility offering fuel for sale for commercial vehicles, trucks and automobiles and constructed and designed for the maneuverability and fueling of tractor trailer vehicles; has the capacity to fuel three or more tractor trailer vehicles at the same time and parking facilities for three or more vehicles. The facility may include provisions for one or more of the following: (a) sleeping accommodations for commercial vehicle or truck crews; (b) sale of parts and accessories for commercial vehicles or trucks; (c) a restaurant; or (d) truck parking or storage area.

Unique natural habitats: "Habitat" means the environment in which an animal normally lives and in which it meets its basic need for food, water, cover, breeding space, and group territory. "Unique" means the occurrence is rare or infrequent or is of special social/cultural, economic, educational, aesthetic or scientific value. Areas where endangered, threatened or rare species, or remnant native plant species, occur.

Unique natural resources: Natural resources which are rare or infrequent in occurrence, or are of special social/cultural, economic, educational, aesthetic or scientific value.

Urban areas: An area of or for development characterized by social, economic and institutional activities which are predominantly based on the manufacture, production, distribution, or provision of goods and services in a setting which typically includes residential and nonresidential development uses other than those which are characteristic of rural areas.

Urban sprawl: Urban development or uses which are located in predominantly rural areas, or rural areas interspersed with generally low-intensity or low-density urban uses, and which are characterized by one or more of the following conditions: (a) The premature or poorly planned conversion of rural land to other uses; (b) The creation of areas of urban development or uses which are not functionally related to land uses which predominate the adjacent area; or (c) The creation of areas of urban development or uses which fail to maximize the use of existing public facilities or the use of areas within which public services are currently provided. Urban sprawl is typically manifested in one or more of the following land use or development patterns: leapfrog or scattered development; ribbon or strip commercial or other development; or large expanses of predominantly low-intensity, low- density, or single-use development.

Used car lot: A lot or group of contiguous lots used for the display and sale of used automobiles and where no repair work is done, except the necessary reconditioning of cars to be displayed and sold on the premises.

Variance: A modification of the zoning ordinance regulations when such variance will not be contrary to the public interest, and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. A variance is authorized only for height, area, size of structure or size of yards and open spaces, or other dimensional requirements. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall the variance be granted because of the presence of nonconformities in the zoning district or classification or in the adjoining zoning districts or classifications. For purposes of section 5.01.00, a variance is a grant of relief from the requirements of this ordinance. or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code.

Vegetative communities: Ecological communities, such as freshwater marsh, oak hammocks, and cypress swamps, which are classified based on the presence of certain soils, vegetation and animals.

Vested right: A right is vested when it has become absolute and fixed and cannot be defeated or denied by subsequent conditions or change in regulations, unless it is taken and paid for. There is no vested right to an existing zoning classification or to have zoning remain the same forever. However, once development has been started or has been completed, there is a right to maintain that particular use regardless of the classification given the property. In order for a nonconforming use to earn the right to continue when the zoning is changed, the right must have been vested before the change. If the right to complete the development was not vested, it may not be built, no nonconforming use will be established, and the new regulations will have to be complied with.

Very-low income family, very-low income household: One or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income for households within the metropolitan statistical areas (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. For the City of Bartow, the median income of Polk County is used. (F.S. § 420.004,)

Veterinary clinic: Facility for the treatment of animals where all animals are kept within a completely enclosed structure. No outside runs or pens are allowed. When in conjunction with a kennel, the regulations for kennels shall apply.

Water recharge areas: Land or water areas through which groundwater is replenished.

Water wells: Wells excavated, drilled, dug, or driven for the supply of industrial, agricultural or potable water for general public consumption.

Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

Wellhead protection area: An area designated by local government to provide land use protection for the groundwater source for a potable water wellfield, as defined in this code, including the surface and subsurface area surrounding the wellfield. Differing levels of protection may be established within the wellhead protection area commensurate with the capacity of the well and an evaluation of the risk to human health and the environment. Wellhead protection areas shall be delineated using professionally accepted methodologies based on the best available data and taking into account any zones or contribution described in existing data.

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

Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto. The delineation of actual wetland boundaries may be made by any professionally accepted methodology consistent with the type of wetlands being delineated but shall be consistent with any unified statewide methodology for the delineation of the extent of wetlands ratified by the Legislature.

Wetland vegetation: Vegetation identified as wetland species in Rule 17-301.400 Florida Administrative Code.

Yard: An open space on the same lot with a building unoccupied and unobstructed from the ground upward except by trees or shrubbery or as otherwise provided herein.

Z-lot development: see "Single Family Attached Dwelling Unit".

Zero lot line: A development approach in which a building is sited on one or more lot lines having no yard with the intent to allow more flexibility in site design and to increase the amount of usable open space on the lot.