For the purpose of this zoning ordinance, certain words and terms used herein shall be interpreted to have meanings as defined below. When words or terms are not defined, they shall have their ordinarily accepted meaning or such as the context may imply. Words used in the present tense include the future tense; the singular number includes the plural and the plural includes the singular. The word shall is mandatory; the word may is permissive. The words used or occupied include the words intended, designed, or arranged to be used or occupied. The word lot includes the words plot or parcel. The word structure includes the word building as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground. The word land include the words marsh, water, or swamp.

Abutting property: Any property that is immediately adjacent to or contiguous to property that may be subject to any hearing required to be held under this act, or that is located immediately across any road or public right-of-way from the property subject to any hearing under this act.

Accessory buildings and uses: A subordinate building or portion of a main building, the use of which is incidental to that of the dominant use of the main building or land, including but not limited to: accessory signs, swimming pools, sheds, decks, piers, detached garages, guest houses, wind turbines and solar energy systems. An accessory use is one (1) that is incidental to the main use of the premises.

Accessory dwellings: Self-contained residential unit that is accessory to a single-family home and on the same parcel. An accessory dwelling unit has its own bathroom, kitchen facilities, living and sleeping areas, though it can share other features with the single-family home including the yard, parking, storage or laundry facilities. An accessory dwelling can be attached to the single-family home or detached. Accessory dwellings may be utilized as quest houses for family members and friends, living space for caretakers, or as rentals pursuant to requirements found in section 28.15(K).

Accident potential hazard area: An area within five thousand (5,000) feet of the approach or departure end of a runway or in proximity to an airport in which aircraft may maneuver after takeoff or before landing and are subject to the greatest potential to crash into a structure or the ground.

Adult day care center: Pursuant to F.S. § 429.901, any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services, to three (3) or more persons who are eighteen (18) years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services, including but not limited to, providing a protective setting that is as non-institutional as possible; therapeutic programs of social and health activities and services; leisure activities; self-care training; rest; nutritional services; and respite care.

Aggrieved person:

(a)

Specifically named persons whose substantial interests are being determined in the proceeding.

(b)

Any other person who is entitled to participate in whole or in part in the proceeding, or whose substantial interests will be affected by proposed board action, and who makes an appearance as a party. The alleged substantial interest may be shared in common with other members of the community at large but must exceed in degree the general interest in community good shared by all persons.

(c)

At planning and zoning board and board of county commissioners level, county staff.

Agricultural services: Establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticultural services, veterinary and other animal services, and farm labor and managements services, and uses and structures accessory to the care and maintenance of agricultural uses.

Agricultural stands: Either tents (including canopies) or mobile units, including trailers, for the sale of unprocessed agricultural products, to include fresh fruits and vegetables, including legumes.

Agriculture: The production, keeping, or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops, dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, and programs for the care of exotic, endangered or threatened species, including the breeding and grazing of any or all of such animals, bees and apiary products, fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry managements program.

Agritourism means any agricultural related activity consistent with a bona fide farm, livestock operation, or ranch or in a working forest which allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy activities, including farming, ranching, historical, cultural, civic, ceremonial, training and exhibition, or harvest-your-own activities and attractions. An agritourism activity does not include the construction of new or additional structures or facilities intended primarily to house, shelter, transport, or otherwise accommodate members of the general public. An activity is an agritourism activity regardless of whether the participant paid to participate in the activity.

Agritourism uses in existence as of the date of adoption of this chapter will be exempt from the supplemental regulations of land development code article 46 and considered legally existing nonconforming uses. Notwithstanding this exemption, no change shall thereafter be made in such agritourism use which increases nonconformity with the supplemental regulations of article 46; provided, however, that changes may be made which do not increase, or which decrease, such nonconformities.

Airport: Any runway, land area or other facility designed and used, either publicly or privately, by any person, for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings, and open spaces.

Airport elevation: The highest point of an airport's usable landing area measured in feet above mean sea level.

Airport obstruction: Any structure or object of natural growth or use of land which would exceed the federal obstruction standards as contained in 14 CFR sections 77.21, 77.23, 77.25, and 77.28 or which obstruct the airspace required for flight of aircraft in landing and take-off at an airport or is otherwise hazardous to such landing or take-off of aircraft.

Airspace height: To determine the height limits in all zones set forth in this ordinance, the datum shall be mean sea level elevation (AMSL) unless otherwise specified.

Alley: A public or private way, which affords only a secondary means of access to property abutting thereon, which is not otherwise designated a thoroughfare or for general traffic, and which is not otherwise designated a street.

Alteration: Any change in the arrangement of a building; any work affecting the structural parts of a building; or any change in wiring, plumbing or heating and air-conditioning systems.

Alternate standards: A stabilized surface that meets or exceeds the standards set forth in article 11 of Ordinance 99-17. In addition, the alternate standards shall provide for a surface that is two (2) vehicles wide with drainage and is approved by the director of public works.

Application: Forms completed by individuals when making zoning requests (same as petition).

Applicant: The owner, or his authorized representative, of a tract of land which is the subject of a request for a change in zoning classification, a variance, or an appeal (same as petitioner).

Archaeological site: A location that has yielded or may be likely to yield information important in history or prehistory.

Arterial road: A roadway providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed and high mobility importance and is functionally classified as a principal arterial or a minor arterial in the comprehensive plan.

Assisted 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, regardless of whether operated for profit, which through its ownership or management provides housing, meals, and one (1) or more personal services for a period exceeding twenty-four (24) hours to one (1) or more adults who are not relatives of the owner or administrator.

Auditorium: The room, hall, building, or part of a building used for public gatherings.

Automobile service station: See Service station, automotive.

Automobile repair: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.

Automotive wrecking and salvage yards: See Junkyard. The dismantling or wrecking of used motor vehicles, mobile homes or other vehicles, or the storage, sale or dumping of such wrecked or dismantled vehicles or parts (must be completely screened by a visual barrier at least six (6) feet in height).

Average daily traffic volume: Seasonally adjusted average number of vehicles passing a point on a roadway segment on a daily basis.

Background growth rate: A factor added to the existing and reserved demand representing an increase in demand from development exempt from concurrency review and not otherwise reserved.

Bar, saloon, cocktail lounge, or tavern: Any establishment devoted primarily to the selling or dispensing 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 within or thereon and where such beverages are consumed on the premises.

Barricades (as differentiated from tree protection barricades): A post and rail configuration used for the protection of trees during construction activity. The upright posts shall be a minimum of a two (2) by two (2) inch (common industry standard) wooden stake, four (4) feet long. A minimum of a one (1) by four (4) inch (common industry standard) wooden board shall be used to connect the upright posts. High-visibility heavy-gauge tape may be substituted for the one (1) by four (4) inch connecting boards. The barricade tape must be a minimum of three (3) inches wide, and of seven (7) mil-thick polyethylene construction, and be a high-visibility color. See tree protection barricades.

Bed and breakfast inn: Overnight accommodations, with a morning meal in a dwelling unit provided to transient guests for compensation.

Block: A block shall be deemed to be all that property frontage along one (1) highway, lying between the two (2) nearest intersecting or intercepting streets and railroad right-of-way or waterway, golf course, campus, park or similar open space.

Boardinghouse, rooming house, lodging house or dormitory: A building or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three (3) or more unrelated persons where no cooking or dining facilities are provided in individual rooms.

Borrow pit: An excavation exceeding one (1) acre in size where naturally occurring earthen materials are removed and transferred off site for use as fill material. Extraction of said earthen material occurs intermittently as need dictates. Material excavated from a borrow pit is utilized in its natural state and is not processed, except for the use of scalping screen to remove large rocks, wood, and other debris.

Buffer: A solid wall, fence, or shrubbery at least six (6) feet in height which separates incompatible land uses. This ordinance requires some buffers to be a certain width and properly landscaped.

Buildable area: The space remaining on a lot after the minimum open space requirements (lot coverage, yards, setbacks) have been met.

Building: Any structure designed or built for support, enclosure, shelter or protection of persons, animals, chattels or property of any kind. The word "building" shall include "structure". Any structure constructed or used for a residence, business, industry or other private or public purposes, including structures that are accessory to such uses.

Building height: The calculation of building height shall be consistent with the provisions of section 6.04. For the purposes of measuring height, the following are not included: (i) parapet walls which do not extend more than five (5) feet above the roof line; (ii) uninhabited stair towers, chimneys, vents, ventilators and enclosures for machinery of elevators may exceed the height limitation in accordance with the Florida Building Code; (iii) in addition to the foregoing, cupolas, window walks, steeples, spires and other architectural features (excepting therefrom signs) shall not exceed in aggregate area ten (10) percent of the area of the roof and not to exceed ten (10) feet above the allowable roof height.

Building line: An imaginary line across the property, defined in each district by the setback requirement on which the front wall of a building may be built. For the purpose of measuring, setbacks shall be determined by measuring from any vertical support of a covered roof section to the nearest point to the lot line.

Building, principal: A building in which is conducted the main or principal use of the lot or parcel on which said building is situated.

Building setback: The minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building. When two (2) or more lots under one (1) ownership are used, the exterior property lines so grouped shall be used in determining building setback when the interior common lot line is straddled by the principal structure.

Caliper: Caliper shall be the diameter at breast height (DBH) of the trunk of all trees four and one-half (4½) feet above the ground.

Caliper inches: Caliper means the trunk diameter of planted trees. Caliper shall be measured six (6) inches above the ground for trees up to and including four (4) inches in caliper, and measured twelve (12) inches above the ground for trees exceeding four (4) inches in caliper. If the tree has an enlarged irregular base, then the caliper measurement shall be taken up where the trunk has a more regular circumference, but in no case higher than four and one-half (4½) feet above the ground. If the tree forks between ground level and one (1) foot above ground level, then the tree shall be considered a multi-trunked tree. Caliper for multi-trunked trees shall be determined by measuring each trunk immediately above the fork and adding the total caliper of the four (4) largest trunks. (See also and compare definition of DBH in this section.)

Canopy tree: Those trees listed in table 37-1 of section 37.05 as amended from time to time.

Capacity: The maximum demand that can be accommodated by a public facility or service without exceeding the adopted level of service. For roadways, capacity means the maximum number of vehicles that can be accommodated by a given roadway during a specified time period under prevailing roadway, traffic and control conditions at the roadway's adopted level of service.

Carport: An accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two (2) sides, and designed or used for the storage of motor driven vehicles owned and used by the occupants of the building to which it is accessory.

Cemetery: Land used or intended to be used for the burial of the animal or human dead.

Certificate of concurrency: Certification issued by Nassau County for a proposed project confirming that adequate public facilities are available to serve the development or will be available concurrent with the impacts of the development.

Child care facility: Pursuant to F.S. § 402.302, any child care center or child care arrangement which provides child care for more than five (5) 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 F.S. ch. 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 F.S. ch. 435.

Church: A building used for nonprofit purposes by a recognized or established religion as its place of worship. Such building may include, but is not limited to, a residential area for the pastor or minister of the sect, educational facilities, and other associated structures.

Clinic: An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) person or a group of persons practicing any form of healing or health building services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any such profession, the practice of which is lawful in the State of Florida.

Club, private: An association or organization of a fraternal or social character, not operated or maintained for profit. The term private club shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.

Club, night: A restaurant, dining room, bar, or other similar establishments serving alcoholic beverages, wherein paid floor shows or other forms of paid entertainment are provided for customers as a part of the commercial enterprise.

Cluster: A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features. (See Planned unit development—PUD)

Cluster subdivision: A form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space. (See Planned unit development—PUD)

Community residential home: A dwelling unit licensed to serve residents who are clients of the department of elderly affairs, the agency for persons with disabilities, the department of juvenile justice, or the department of children and families or licensed by the agency for health care administration which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. Homes of six (6) or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single family unit and a noncommercial, residential use for the purpose of local laws and ordinances pursuant to F.S. § 419.001(2). Homes of six (6) or fewer residents which otherwise meet the definition of a community residential home shall be a permitted use in residential districts, provided that such homes are not located within a radius of one thousand (1,000) feet of another existing such home with six (6) or fewer residents or within a radius of one thousand two hundred (1,200) feet of another existing community residential home pursuant to F.S. § 419.001(2).

Complete application: An application that includes all of the information required by this Code, the application form or by the county but does not mean that said information is sufficient in comprehensiveness of data or in quality of information provided.

Comprehensive plan: The Nassau County Comprehensive Plan which was adopted by the Nassau County Board of County Commissioners pursuant to chapter 163, Florida Statutes, as amended.

Conditional use: A use that would not be appropriate generally or without restriction throughout the zoning classification or district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning classification or district as conditional uses, if specific provisions for such conditional use is made in this ordinance.

Construction and demolition debris: Materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste, including material which is not from the actual construction or destruction of a structure, will cause it to be classified as other than construction and demolition debris.

Construction plans: Detailed engineering plans, specifications and calculations prepared in accordance with county and other applicable regulations, codes and standards, approved by the county to begin land development activities, including the subdivision of land, and setting forth the specific improvements to be made in conjunction with development as they affect the existing site, its boundary conditions, topography, wetlands, water, sewer, paving and drainage.

Construction zone: The impervious, semi-impervious area of development, related infrastructure, stormwater management systems and the lands within six (6) feet thereof.

Convenience store: A retail commercial establishment engaged in the selling of groceries and convenience goods, with all sales, display and storage conducted within a completely enclosed building.

County arborist: The certified arborist acting on behalf of the county, as either a staff or contract position.

Day nurseries and kindergartens: Any service which during all or part of the day regularly gives care to six (6) or more children, not of common parentage, who are under six (6) years of age, whether or not it has a stated educational purpose, and whether the service is known as a day care service, day nursery, day care agency, nursery school, kindergarten, play school, progressive school, or by any other name. The total number of children receiving care shall be counted including children or foster children of the owner or person in charge, in determining the applicability of this definition.

de minimis: Is an impact to the major road network that meets the requirements set forth in F.S. § 163.3180(6).

Demolition: Any act that destroys in whole, or part, a site, building or structure.

Density: The number of residential dwelling units permitted per acre of land, excluding land for street rights-of-way, drainage ditches, etc.

Developer: Any person, individual, partnership, association, syndicate, firm, corporation, trust or legal entity engaged in developing or subdividing of land. The term "developer" is intended to include the sequential entities involved in successive stages of a development project.

Diameter at breast height (DBH): DBH (diameter breast height) means the trunk diameter of an existing tree measured four and one-half (4½) feet above the average ground level at the tree base. If the tree forks between four and one-half (4½) and two (2) feet above ground level, DBH is measured below the swell resulting from the fork. Trunks that fork below two (2) feet, shall be considered multi-trunk trees. DBH for multi-trunk trees shall be determined by measuring each trunk immediately above the fork and adding the total diameters of the four (4) largest trunks. (See also and compare definition for caliper in this section.) Diameter (d) = Circumference (C)/Pi (π) or, d=C/π

Directly accessed segment: The first road segment on the major road network on which traffic from the project's site is expected to travel. If a development has more than one access point, it may be possible for two (2) or more directly accessed segments to exist.

Drip line: An artificial line measured in a radial pattern around a tree corresponding to the root protection zone. The line extends from the perimeter of a tree canopy vertically down to the ground.

Drive-in restaurant or refreshment stand: Any place or premises where provision is made on the premises for the selling, dispensing, or serving of food, refreshments, or beverages in automobiles on the premises, or in other than a completely enclosed building on the premises. A restaurant which provides drive-in facilities of any kind in connection with regular restaurant activities shall be of any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant. A barbecue stand or pit having the characteristics noted in this definition shall be deemed a drive-in restaurant.

Due public notice: As used in connection with the phrase "public hearing" or "hearings with due public notice," shall mean publication of notice of the time, place and purpose of such hearing with respect to rezoning of land, amendments to comprehensive plan text, land development regulations, future land use maps, future transportation maps, conditional use applications, variance requests, replat of land, or appeal of decisions of a lower board. Publication in a newspaper of general circulation in the area at least ten (10) days prior to the date of the hearing shall be required for hearings before the planning and zoning or conditional use and variance boards. In addition, mailed notices setting forth the time, place and purpose of hearing shall be mailed to the last known address of the owners of the property involved in or whose land is within three hundred (300) feet of the periphery of the lands subject to rezoning, future land use map amendment, conditional use, or variance; and such notices shall also be posted in a conspicuous place or places on or around such lots, parcels or tracts of land as may be involved in or directly affected by the hearing. Due public notice with respect to hearings before the board of county commissioners shall be as required by Florida Statutes. Proof of publication shall be kept on file with the planning department or the clerk of the board of county commissioners as appropriate. Failure of any owner to receive such notice shall in no way affect the validity of any action taken in a public hearing.

Dump: A land site used primarily for the disposal by dumping, burial, burning or other means and for whatever purposes, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, and other waste, scrap, or discarded material of any kind.

Duplex: See Dwelling, two-family.

Dwelling: Any building or portion thereof which is designed for or used for residential purposes, but does not include a trailer coach or converted trailer, hotel, motel, lodging house or boardinghouse.

Dwelling, multifamily: A residential building designed for or occupied exclusively by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. Multi-family dwellings are intended to be rented and maintained under central ownership and management; those which are under collective ownership and management including cooperative apartments, condominiums, and similar dwelling structures; and all other forms of multiple dwellings, regardless of ownership, management, taxation, or other consideration, where such form does not meet the requirements of this Code for a single family dwelling.

Dwelling, single-family detached: A residential building not physically attached to any other principal structure used for family occupancy or a group dwelling of six (6) or fewer as per F.S. § 419.001(f)(2). This definition includes site-built structures and modular structures manufactured under the Florida Manufactured Building Act (F.S. § 553.35) and certified by the State of Florida as complying with the structural requirements of the Florida Building Code. This definition does not include mobile homes, recreational vehicles or other forms of temporary or portable housing.

Dwelling, townhouse or townhome: A single-family dwelling unit constructed in a group of three (3) or more attached units with property lines separating each unit in which each unit extends from foundation to roof and with a yard on at least two (2) sides.

Dwelling, two-family: A residential building designed for or occupied by two (2) families, with the number of families in residence not exceeding the number of dwelling units provided (duplexes).

Dry storage of pleasure watercraft: A commercial facility for removing from water, watercraft used for recreation and pleasure purposes and storing such craft on land or water on boat lifts.

Easement: A grant from a property owner for the use of land for a specific purpose or purposes by the general public, by a corporation or by a certain person or persons.

Erected: The word "erected" includes built, constructed, reconstructed, moved upon, or any physical operation on the premises required for building. Excavations, fill, drainage, demolition of an existing structure, and the like shall be considered part of erection.

Family: See functional family.

Family day care home: Pursuant to F.S. § 402.302, an occupied residence in which child care is regularly provided for children from at least two (2) unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. Household children under thirteen (13) years of age, when on the premises of the family day care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. A family day care home shall be allowed to provide care for one (1) of the following groups of children, which shall include household children under thirteen (13) years of age:

(a)

A maximum of four (4) children from birth to twelve (12) months of age.

(b)

A maximum of three (3) children from birth to twelve (12) months of age, and other children, for a maximum total of six (6) children.

(c)

A maximum of six (6) preschool children if all are older than twelve (12) months of age.

(d)

A maximum of ten (10) children if no more than five (5) are preschool age and, of those Five (5), no more than two (2) are under twelve (12) months of age.

Farm: Means the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm and aquaculture products.

Farm operation: Means all conditions or activities by the owner, lessee, agent, independent contractor, and supplier which occur on a farm in connection with the production of farm products; the operation of machinery and irrigation pumps; the generation of noise, odors, dust and fumes; ground or aerial seeding and spraying; the application of chemical fertilizers, conditions, insecticides, pesticides, and herbicides; and the employment and use of labor.

Floor area: The sum of the gross horizontal areas of several floor(s) of a building or buildings, measured from exterior faces of exterior walls or from the centerline of walls separating two (2) attached buildings.

Florida Master Site File: The state's clearinghouse for information on archaeological sites, historic structures, and field surveys for such sites. A combination of both paper and computer files. It is administrated by the Bureau of Archaeological Research, Division of Historical Resources, Florida Department of State.

Fly-in development: A residential development planned and integrated with airport facilities.

Foster home: Any establishment which provides care, including supervision and care necessary to meet residents' physical, emotional, and social life needs, for not more than five (5) children or adults. Excluding the foster parents, there shall not be more than five (5) other residents in the home, whether they are part of the foster parents' family or health and rehabilitation services (HRS) clients or a combination of both.

Functional family: A group of people plus their children, having a relationship which is functionally equivalent to a family. The relationship shall be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit.

Functional family shall not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary.

(a)

One (1) or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, living together in a dwelling unit;

(b)

A group of six (6) or fewer not related by blood, marriage, adoption or legal guardianship (including foster children) living together in a dwelling unit; or

(c)

Two (2) unrelated persons and their minor children living together in a dwelling unit. Domestic employees and/or care givers living in a dwelling unit with a family are not considered to be part of the family.

A family does not include larger institutional group living situations such as social, professional and educational clubs, residential care facilities and group homes for people with special health needs.

Garage, private: An accessory structure designed or used for inside parking of 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 building. An unattached private garage is to be considered as an accessory building.

Garage, repair: A building or portion thereof, other than private storage, or parking garage or service station, designed or used for repairing, equipping or servicing of motor vehicles. Such garages may also be used for hiring, renting, storing, or selling of motor vehicles.

Garage, storage: A building or portion thereof designed and used exclusively for the storage of motor vehicles, and within which temporary parking may also be permitted.

Garbage: Animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking, and serving of foods. Also see Solid waste.

General store: A retail commercial establishment engaged in the selling of groceries and convenience goods to the residents of a predominately rural or agricultural area, with all sales, display, and storage conducted within a completely enclosed building.

Grade: A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or between the building and six (6) feet (1829 mm) from the building, whichever is closer to the building. The use of fill to establish finished ground level shall be in accordance with section 10.8.2 of Ordinance No. 99-17, as amended, known as the "Nassau County Roadway and Drainage Standards." Within the unincorporated areas of Amelia Island, grade is defined in the same manner, except that the reference plane shall reference natural grade instead of finished grade.

Gross vehicle weight (GVW): The actual weight of the fully loaded vehicle or trailer, including all cargo, fluids, passengers, and optional equipment, as measured by a scale.

Groundwater: Water beneath the surface of the ground, whether or not flowing through known and definite channels, as defined in Rule 40C-4.021, F.A.C.

Group home: See community residential home.

Hat-rack/topping: To severely prune a tree in order to permanently maintain growth at a reduced height or to flat-cut a tree, severing the leader or leaders, or pruning a tree by stubbing off mature wood larger than three (3) inches in diameter; or reducing the total circumference or canopy spread not in conformance with National Arborist Society standards.

Heavy-duty vehicle: Any motor vehicle with a USDOT Gross Vehicle Weight Rating (GVWR) of twenty-six thousand one (26,001) pounds or more.

Historic: All areas, districts, or sites containing property that is eligible for listing on the Florida Master Site File, National Register of Historic Places, or designation by a local government as historically, architecturally or archaeologically significant.

Home for the aged: A facility for the care of the aged with routine nursing or medical care provided.

Home occupation: Any use conducted entirely within a dwelling and carried out by an occupant thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

Hospital: Any institution, including a sanitarium, which maintains and operates facilities for overnight care and treatment of two (2) or more unrelated persons as patients suffering mental or physical ailments, but not including any dispensary or first aid treatment facilities maintained by a commercial or industrial plant, educational institution, convent or convalescent home, as previously defined.

Hotel, motel, motor lodge or tourist court: A building as licensed by the State of Florida containing individual guest rooms for which daily or weekly lodging is provided as the more or less transient residence of individuals, and ingress and egress to and from all rooms are made through an inside lobby.

Housing for the elderly: A facility in the nature of multiple-family housing, with no provision for routine nursing or medical care. Where this ordinance permits housing for the elderly, such housing shall be used only for this purpose; if housing for the elderly is changed to multiple-family use, then the provisions of this ordinance shall be met before such multiple-family use is permitted.

Impacted segment: Any segment of the major road network, except hurricane evacuation routes, on which peak hour traffic generated by a development contributes one (1) percent or more of the maximum service volume at the adopted level of service standard.

Industrial uses: Activities associated with the manufacture, assembly, distribution, processing, or storage of products or the performance of related services.

Junk: Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage storage, bailing, disposal or other use or disposition. Junk includes vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush wood, lumber and similar items.

Junkyard: Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery, two (2) or more unregistered or inoperable motor vehicles or other type of junk as defined herein. However, establishments for the sale, purchase or storage of second hand refrigerators, stoves, plumbing fixtures, and similar merchandise shall be considered a junkyard for the sole purpose of requiring that such establishments display their merchandise behind a visual barrier as may be required for junkyards by this ordinance.

Kennel: The keeping of any pet or pets, regardless of number, for sale or for breeding, boarding or treatment purposes, except in an animal hospital, animal grooming parlor or pet shop.

Lake: A natural occurring body of water larger than a pond. Lakes created by impoundment are not naturally occurring bodies of water and are regulated as borrow pits.

Landfill: Landfills or solid waste disposal facilities are classified in accordance with section 62-701.304, F.A.C.

Landscape contractor: An establishment primarily engaged in providing landscape construction, installation, and/or maintenance services. Such services typically include (but are not limited to): constructing walkways, retaining walls, decks, and similar items or structures; installing trees, shrubs, plants, lawns, or gardens; landscape care and maintenance services (mowing, fertilizing, trimming and pruning, etc.). Pursuant to the applicable zoning district regulations, this type of establishment may also include the use and storage of heavy vehicles or construction equipment; bulk storage of plants or landscaping materials (i.e., mulch, stone, soil, etc.); and the retail sale of plants or landscaping materials.

Landscaping: Any of the following or combination thereof: Living materials, such as but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable materials commonly used in landscaping, such as but not limited to, rocks, pebbles, sand, walls, fences, berms, sculptures and fountains, but excluding paving.

Large family child care home: Pursuant to F.S. § 402.302, an occupied residence in which child care is regularly provided for children from at least two (2) unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two (2) full-time child care personnel on the premises during the hours of operation. One (1) of the two (2) full-time child care personnel must be the owner or occupant of the residence. A large family child care home must first have operated as a licensed family day care home for two (2) years, with an operator who has had a child development associate credential or its equivalent for one (1) year, before seeking licensure as a large family child care home. Household children under thirteen (13) years of age, when on the premises of the large family child care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. A large family child care home shall be allowed to provide care for one (1) of the following groups of children, which shall include household children under thirteen (13) years of age:

(a)

A maximum of eight (8) children from birth to twenty-four (24) months of age.

(b)

A maximum of twelve (12) children, with no more than four (4) children under twenty-four (24) months of age.

Laundry, self-service: A business that provides home-type clothes washing and drying or ironing machines for hire to be used by customers on the premises.

Lawn or landscape maintenance service: An establishment primarily engaged in providing lawn and/or landscape care and maintenance services to buildings or dwellings. Such services typically include (but are not limited to): mowing, fertilizing, and seeding of lawns and landscape areas; trimming, pruning and other maintenance of ornamental plants, trees and shrubs; installing trees, shrubs, plants, lawns, or gardens.

Level of service (LOS): A quantitative 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 vehicle: Any motor vehicle with a USDOT Gross Vehicle Weight Rating (GVWR) of ten thousand (10,000) pounds GVWR or less.

Limits of disturbance: A boundary denoting the maximum extent of any development activity. Development activity includes, but is not limited to, storage of material or equipment, access roads, haul roads, excavation, grading, deposit of fill material or aggregate, site work, erection of a structure, placement of construction trailers, placement of dumpsters, installation of utilities, operation of heavy equipment, or any other development related activity. Areas outside the limits of disturbance are not to be impacted by development activity.

Loading space: A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks or other motor vehicles.

Lodge hall: The place or building where members of a local chapter of an association or fraternal organization hold their meetings and/or the local chapter itself.

Lot: A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on a public or private street.

Lot coverage: The amount of land covered or permitted to be covered by a building, usually measured in terms of percentage of a lot.

Lot depth: The distance measured from the middle point of the front line to the middle point of the opposite rear line of the lot.

Lot, double frontage: A double frontage or through lot is defined as a lot that has frontage on two (2) nonintercepting streets. The applicable front setback requirement shall apply to both frontages regardless of which line the land owner elects as the front line, unless such lot has a permanent solid face subdivision perimeter buffer wall precluding access along one (1) frontage.

Lot line: The legal boundary line of a lot.

Lot of record: A lot which is part of a subdivision, the map of which has been recorded in the office of the Clerk of the Circuit Court of Nassau County, or a parcel of land the deed of which was recorded in the office of the clerk of the circuit court prior to the adoption of this ordinance which met the minimum lot, yard and frontage requirements of Nassau County at the time the lot was created.

Lot width: The mean horizontal distance between the side lot lines, measured at right angles to its depth.

Low impact development (LID): An approach to land development that preserves and protects natural-resource systems using various site planning and design approaches and technologies to simultaneously conserve and protect natural resource systems while managing stormwater runoff. The approach includes using engineered small-scale hydrologic controls to replicate the pre-development hydrologic regime through infiltrating, filtering, storing, evaporating, and detaining runoff close to its source.

Magnolia: Native canopy tree species of wet soil tolerant Sweet Bay Magnolia (Scientific Name: Magnolia Virginiana) and salt/wet soil tolerant Southern Magnolia (Scientific Name: Magnolia Grandifloria) having a DBH of six (6) inches or greater.

Major road network: All existing and planned roadway segments within Nassau County that comprise the roadway network to be used when evaluating the traffic impacts of proposed development.

Marina: An establishment with a waterfront location for the purpose of storing watercraft and pleasure boats on land, in buildings, in slips or on boat lifts, and including accessory facilities for purposes such as refueling, minor repair and launching.

Mean high water: The average height of the high waters over a nineteen (19) year period or for shorter periods of observations; the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean nineteen (19) year value, as defined in F.S. ch. 253.

Medical marijuana treatment center dispensing facility: The retail sales component of a dispensing organization or medical marijuana treatment center authorized by the state to dispense medical marijuana, but does not include cultivation, processing or distribution facilities of medical marijuana.

Medium-duty vehicle: Any motor vehicle with a USDOT Gross Vehicle Weight Rating (GVWR) between ten thousand one (10,001) and twenty-six thousand (26,000) pounds.

Mine: An excavation utilized for mining operations.

Minimum descent altitude: The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

Minimum obstruction clearance altitude: The specific altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within twenty-seven (27) miles of a VOR.

Mining operation: An operation or activity including, but not limited to, commercial mining operation or strip mining, where earthen materials are excavated for processing and refinement for commercial purposes. Activities such as hydraulic dredging, blasting, plant processing, sorting, and classification to produce products with a defined specification, construction of permanent processing plants and/or facilities, use of chemicals, and onsite scaling constitute mining operations. Presence of any of the aforementioned activities creates a rebuttable presumption that the subject operation constitutes a mine. Operations and activities at borrow pits, as defined herein, are excluded from mining operations.

Mixed use: A development that provides more than one (1) use or purpose within a shared building or development area. Horizontal integration is comprised of multiple single-use buildings on a development parcel. Vertical integration incorporates a range of uses in one (1) building.

Mobile or manufactured home: A structure, transportable in one (1) or more sections, which is eight (8) body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein and constructed to standards promulgated by the United States Department of Housing and Urban Development. A mobile home fabricated on or after June 15, 1976, with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standard Act may be referred to as a "manufactured home" pursuant to F.S. § 320.01(2)(b). For convenience, this Code may use the term "mobile home" or "manufactured home" to apply to all such structures, regardless of fabrication date, unless otherwise noted. This term does not apply to "modular, manufactured, or factory-built buildings" as defined in F.S. § 553.36(13) (see definition below).

Mobile home park: A mobile home park is a parcel of land set aside and rented by any person for the parking and accommodation of mobile homes which are to be occupied for sleeping or eating in exchange for a consideration or benefit to the owner of the mobile home park. This includes all land, buildings, structures, or facilities used by occupants or mobile homes on such premises.

Mobile home subdivision: A mobile home subdivision is a parcel of land set aside where lots are sold to mobile home owners for the purpose of placing mobile homes thereon for living and sleeping purposes, including any land, building structure, or facilities used by occupants of mobile homes on such premises.

Modular homes: A modular unit residential building comprised of one (1) or more dwelling units, or habitable rooms or component parts thereof, which is either wholly manufactured or is a substantial part constructed in central manufacturing facilities. This term does not apply to mobile or manufactured homes, as defined by F.S. ch. 320. Modular homes are regulated by this Code as single-family dwellings.

Multi-trunk tree: A tree that splits into two (2) or more trunks between natural grade and fifty-four (54) inches above natural grade.

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, and maintained by the U.S. Department of the Interior.

Natural grade: The natural contours of land generally unaltered by human intervention, as verified or determined by the county engineer.

New development: Any new construction or site work whether residential, non-residential or mixed-use, any modification, expansion, or alteration to an existing structure, alteration to any site including borrow pit construction, site grading, driveways or other similar activity, any new or expanded accessory use or structure - shed, pool, parking area, means of ingress/egress, drainage facility, pond, etc., and/or any other aspect of site or structural development or modification that may adversely impact existing trees.

Noncommercial: An activity that does not involve the sale of goods or services carried out for profit.

Nonconforming use or building: The use of a building or portion thereof, or land or portion thereof, which does not conform with the use regulations of the district in which the building is located, the use of which was legally established and existed prior to the effective date of such use regulations.

Nursery, plant: The use of land and buildings for the purpose of growing various ornamental plants, grasses, shrubs, flowers, and horticultural specialties for sale on-site, and which may include the sale of landscaping accessories such as lawn ornaments, fertilizer, tools, and similar commodities as accessory to the propagation and growth of plants. This definition includes both wholesale and retail nurseries as defined herein.

Nursing home: A public or private home, institution, building, residence, or other place, profit or nonprofit, which undertakes through its ownership or management to provide for a period exceeding twenty-four (24) hours, maintenance, personal care, or nursing for three (3) or more persons not related by blood or marriage to the operator, who by reason of illness or physical infirmity or advanced age are unable to care for themselves; provided that this definition shall include homes offering services for less than three (3) persons when the homes are held out to the public to be establishments which regularly provide nursing and custodial services. Only those homes, buildings or places licensed under the laws of the State of Florida as nursing homes shall be included within this definition.

Oak: Native canopy tree species of Shumard Oak (Scientific Name: Querous Shumardi), salt tolerant Laurel Oak (Scientific Name: Quercus Laurifolia) and salt tolerant Live Oak (Scientific Name: Quercus Virginlana) having a DBH of six (6) inches or greater.

Occupied: The word occupied includes arranged, designed, built, altered, converted to, or intended to be used or occupied.

Office, business or professional: An office for such operations as real estate agencies, advertising agencies (but not sign shop), insurance agencies, travel agencies and ticket sales, chamber of commerce, credit bureau, abstract and title insurance companies, management consultants, stockbroker, and the like; or an office for the use of a person or persons generally classified as professionals such as architects, engineers, attorneys, accountants, doctors, lawyers, dentists, veterinarians (but not including treatment or boarding of animals on the premises), psychiatrists, psychologists, and the like.

Open space: Landscaped or undeveloped lands suitable for resource-based recreation or conservation uses. The term open space shall not include lands utilized for excavations such as ponds, fishing ponds, borrow pits, stormwater management facilities or other similar development activity.

Outdoor retail sales: The display and sale of products and services, primarily outside of a building or structure.

Outdoor storage: The keeping, in an unroofed area, of any goods, junk, material, or merchandise in the same place for more than twenty-four (24) hours. This definition does not include outdoor retail sales or RV and boat storage facilities.

Package store: A place where alcoholic beverages with an alcoholic content in excess of fourteen (14) percent are dispensed or sold in containers for consumption off the premises.

Parcel: A tract of land which may be described by metes and bounds or plat. (See Lot)

Parent tract: Refers to a lot of record that existed on March 27, 2017, and will also mean, for the purpose of this ordinance, a parcel of land fronting on a publicly maintained road. A parent tract may be divided once, without complying with the subdivision regulations provided the tract meets the minimum lot and yard requirements of the respective zoning district, does not exceed residential density limitations as defined in the comprehensive plan and meets the minimum lot frontage requirements as defined in section 28.03 of the Land Development Code. Any further division of a parent tract shall be deemed to be a subdivision and must comply with these subdivision regulations. This provision does not apply to lots created by a subdivision plat recorded with the Clerk of the Court of Nassau County via plat book and page. An application to divide a parent tract, pursuant to this section, shall be submitted to the PEO on the provided form. The application to divide a parent tract must be approved by the PEO prior to the issuance of a building permit.

Parking, handicapped: Parking spaces designed and provided in quantities consistent with handicapped requirements.

Parking lot: An open area used exclusively for the storage of motor vehicles, whether or not a fee is charged.

Parking space, off-street: For the purpose of this ordinance, any off-street parking area is any public or private land area designated and used for parking, storing and/or displaying motorized and non-motorized vehicles, trailers, campers and/or mobile homes. The parking area includes required landscape and drainage retention and/or detention area.

Peak hour volume: The number of vehicles that pass a point on a roadway segment during the highest one (1) hour of traffic volume on a typical day in the peak season.

Pet, household: Any domestic animal normally owned or kept as a pet including cats, dogs, rabbits, raccoons, parrots, pigeons, and other animals deemed by the senior planner to be appropriate as domestic pets; provided such animals are confined to the limits of the residential property occupied by the owner of such pets. Household pets shall not include any animals or birds maintained for commercial purposes, whether or not such animals or birds may be appropriate as a domestic pet.

Planned unit development (PUD): A development under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A PUD must also include a program for the provision, maintenance, and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants thereof. In order to justify allowing departure from the strict application of use, setback, height, and minimum lot size requirements of conventional zoning districts, a PUD must demonstrate that it achieves desirable goals that would not be possible in a conventional zoning district.

Planning and zoning board: A body appointed by the Nassau County Board of County Commissioners. The planning and zoning board shall review and advise the board of county commissioners on all planning and zoning related matters including the comprehensive plan.

Pond: A body of water, individually or cumulatively up to one (1) acre maximum surface area in size at its largest point during excavation and less than twelve (12) feet below the seasonal high groundwater table elevation.

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

Potable water aquifer: An aquifer where water suitable for drinking or cooking purposes is available.

Poultry: Any chickens, turkeys, ducks, geese, guineas, or other fowl.

Prepared food products: Foods that do not require temperature control such as baked goods, honey, jams/jellies, candies, coffee, tea, or cereal.

Principal building or use: A main use of land, as distinguished from an accessory use; the building housing the main or principal use.

Project: The development of land and water involving a use or group of uses pursuant one (1) or more development orders issued by Nassau County.

Protected tree: Any existing, healthy tree as determined by an ISA certified arborist having a five (5) inch DBH, or greater and not identified on the most recent Florida Exotic Pest Plant Council Invasive Plant list (Category I or II).

Recreational vehicle: A vehicular portable structure built on a chassis with its own wheels, either self-propelled or towed by another vehicle, designed to be used as a temporary dwelling for travel, vacation, camping or recreational purposes and including travel trailers, camping trailers, pick-up camper, converted buses, motor homes, tent trailers, pop-up trailers, boats and boat trailers and similar devices.

Recreational vehicle (RV) or travel trailer park: An establishment comprising land or premises under single ownership used or intended to be used for the parking of recreational vehicles and/or travel trailers on a daily or weekly basis.

Resiliency facility: A facility owned and operated by a public utility for the purposes of assembling, creating, holding, securing, or deploying natural gas reserves for temporary use during a system outage or natural disaster as defined in F.S. § 163.3210 as may be amended.

Restaurant: An establishment where food is ordered from a menu, prepared, and served for pay primarily for consumption on the premises in a completely enclosed room, under the roof of a main structure, or in an anterior or exterior court. A drive-in restaurant as defined here is not a restaurant. A cafeteria shall be deemed a restaurant as defined herein.

Retail: The sale of goods to the public in relatively small quantities for use or consumption rather than for resale.

Right-of-way: The area of a highway, road, street, way, parkway or other such strip of land reserved for public use, whether established by prescription, easement, dedication, gift, purchase, eminent domain or any other legal means.

RV and boat storage facility: Any real property designed and used primarily for the purpose of renting or leasing storage space, to customers for the purpose of storing recreational vehicles, boats or other major recreational equipment for private use over an extended period of time. This definition does not include RV parks or campgrounds, marinas, or retail vehicle sales.

Sanitarium: See Hospital.

Schedule of capital improvements: Is that document of the same name adopted as part of the capital improvements element of the comprehensive plan.

Seat: For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated.

Segment: A portion of a roadway on the major road network defined by two (2) end points usually located at signalized intersections.

Self-service storage facility (mini-warehouse facility): Any real property designed and used for the purpose of renting or leasing enclosed individual storage space to tenants who are to have access to such space for the purpose of storing and removing personal property. No individual storage space may be used for residential purposes or as a place of business. Designated areas for RV, boat and trailer parking, incidental to the primary use of enclosed storage, may be permitted. This definition does not include RV and boat storage facilities.

Service station, automotive: Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is performed general automotive servicing, as distinguished from automotive repairs.

Setback: The distance between the lot line and the building setback line. Wetland buffers shall not count toward minimum setback requirements for the zoning district in which the lot is located.

Setback line: See building line.

Shade tree: Any native, self-supporting woody plant of a species that is generally well-shaped, well-branched, and well-foliated which normally grows to an overall height of thirty-five (35) feet with a minimum average mature crown spread of thirty (30) feet, and which is commonly accepted by the local horticultural and arboricultural professionals as a species which can be expected to survive for at least fifteen (15) years in a healthy and vigorous growing condition over a wide range of environmental conditions.

Shipping container: A metal shipping container, ranging in length from twenty (20) to fifty-three (53) feet and manufactured according to specifications from the International Standards Organization (ISO). Used primarily for trans-ocean shipping of goods, they are also delivered empty via truck on a particular site for storage purposes. However, a shipping container shall be considered a Universal or International Building Code (UBC or IBC) structural element if integrated into a building design by a licensed engineer or architect.

Shopping center: A group of retail stores or service establishments, planned, developed, owned and managed as an integral unit, with off-street parking provided on the property, and related in location, size and type of shops to the trade area which the unit serves.

Sign: Any structure, part thereof or device, whether or not attached thereto or painted or represented thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, work, model, banner, emblem, insignia, device, trademark or other representation used as, or in the nature of, an announcement, advertisement, direction or designation of any enterprise or industry, which is located upon any land, on any building, in or upon a window or indoors, in such manner as to attract attention from outside the building.

Silviculture: The development and/or maintenance of a forest.

Silviculture system: A process, following accepted forest management principals, whereby the crops constituting forests are tended, harvested, and reproduced.

Small batch printing press: A business, fifty thousand (50,000) square feet or less in size, that utilizes a machine or machines by which text and images are transferred from movable type to paper or other media.

Solar energy system: Equipment for capturing the energy of the sun and converting it to usable thermal or electrical energy. Such devices include solar photovoltaic devices and solar thermal panels.

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.

Specimen tree: Specimen trees are any existing healthy Quercus virginiana and Quercus geminate (live oak), as determined by an ISA-certified arborist, measuring forty (40) inches or more in diameter at breast height, or, a multi-trunk live oak, as determined by an ISA-certified arborist with an aggregate measurement of sixty (60) inches or more in diameter at breast height.

Stormwater management facility: A system designed to control the discharge of a given volume of stormwater runoff into surface waters via onsite storage. Examples include systems such as excavated or natural depression storage areas, retention ponds, ditches, swales, and other components of an engineered system.

Story: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and ceiling next above it.

Street: A public or private thoroughfare which affords the principal means of access to abutting property. This includes lane, place, way or other means of ingress or egress, regardless of the term used to describe it.

Street trees: Trees planted near the street curb line or within swales near the curb line of streets are called street trees. Trees planted in a median between traffic lanes are also called street trees.

Streetscape plan: A landscape plan showing the location of trees along public rights-of-way or private streets and sidewalks.

Structural alteration: Any change, except for repair or replacement, in the supporting members of a structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Structure: Anything constructed, erected or placed, the use of which requires more or less permanent location on the ground, or anything attached to something having a permanent location on the ground.

Temporary Personal Storage Unit: A pre-fabricated unit, made of metal and/or wood, fully fabricated off-site and delivered via truck that is located on a particular site on a temporary basis.

Traffic impact area: All roadways and intersections of the major road network in which peak hour traffic attributable to a development is equal to or greater than one (1) percent of the maximum service volume of the adopted level of service standard for any such roadways, up to a maximum radius of five (5) miles from the project site boundaries. The five (5) mile radius may be extended based upon extraordinary conditions.

Tree: A woody perennial plant, distinguished from a shrub by usually having a single elongated main stem or trunk, generally with few or no branches on its lower part. Most trees usually have a minimum main stem of four and one-half (4½) inches in diameter DBH at maturity.

Tree inventory: A drawing or accurate representation of appropriate (or sufficient) scale to show tree locations, which provides the necessary information for obtaining approval of a tree retention/landscape plan.

Tree protection barricade: A protective barrier signifying the boundary of the tree protection zone. The tree protection barricade shall be at least three (3) feet tall. The barrier shall consist of either a wood fence with two (2) by four (4) posts placed at a maximum of eight (8) feet apart, with a two (2) by four (4) minimum top rail.

Tree protection zone: A circular area around a protected tree with a radius equal to six (6) times the diameter of the trunk of the protected tree at breast height. In no case shall a tree protection zone be less than seventy-two (72) inches. As an example, a protected tree with a DBH of fifty (50) inches will have a tree protection zone with a radius of three hundred (300) inches. A protected tree with a DBH of eight (8) inches will have a tree protection zone of seventy-two inches (72).

Tree removal total: The total number of trees or sum of tree diameters of all protected Oak and Magnolia tree species that are removed by a property owner/developer.

Tree replacement total: The total number of trees or sum of the amount of tree diameter (DBH) that a property owner/developer will need to replace in order to compensate for removal of protected Oak and Magnolia trees.

Truckstop: An establishment principally used for refueling and servicing trucks and tractor-trailer rigs, but may include restaurants and snack bars and facilities for repair and maintenance of trucks and tractor-trailers.

Understory tree: Those trees listed in table 37-04 of section 37.05 LDC as amended from time to time.

Unified multi-lot development: This term references residential, non-residential and mixed-use projects which, within their project/development boundary, create multiple development tracts of land for conveyance. This would include residential subdivisions, master planned retail centers with outparcels, master planned mixed-use projects which create multiple tracts for development, and similar development programs.

Use: The purpose for which land or water or the structure thereon is designated to the extent covered by the zoning ordinance.

Utility area: The land area(s) utilized to facilitate the placement of infrastructure necessary to provide commonly expected utilities. This includes the infrastructure necessary to provide electricity, natural gas, water, sewage, stormwater collection and conveyance and telephone/cable/internet (fiber optics).

Variance: A device which grants a property owner relief from certain provisions of this ordinance, when because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. A variance shall be authorized only for height, lot area, size of structure or yards, and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by the variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or in adjoining district. All variances must be approved by the board of adjustment.

Veterinary clinic or hospital: Any building or portion thereof designed or used for the veterinary care, surgical procedures or treatment of animals, but not the boarding of well animals.

Wholesale: The sale of goods in bulk or large quantities, typically for resale (retail) by others.

Wind turbine: A device for capturing kinetic wind energy and converting it to electrical energy.

Working day: Any day not including Saturdays, Sundays, or legal holidays recognized by the county.

Yard: An open space at grade between a main building and the adjoining lot lines, unoccupied and unobstructed by a structure or portion of a structure except as permitted in the Code. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. For the purposes of this Code, setback is synonymous with yard. For allowable encroachments, see section 6.02.

Yard, front: A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the principal building or any projections thereof, other than the projections of uncovered steps, uncovered balconies or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension. On double frontage lots, the front yard shall be measured from the road of lower functional classification, other than an alley. If both streets have the same functional classification, the orientation of the house and driveway shall determine the front yard. The required front yard of the other frontage may be reduced by twenty (20) percent, unless the prevailing front yard pattern on adjoining lots indicated otherwise. In such case the senior planner may waive the requirement for the normal front yard and substitute, therefore, a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

Yard, rear: A yard extending across the rear of a lot between the rear of the principal building or any projections thereof, other than the projections of uncovered steps, balconies or porches. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard.

Yard, side: A yard between the main building and the side line of the lot, extending from the front yard to the rear yard and being the minimum horizontal distance between a side lot line and the side of the main building or any projection thereof.

(Ord. No. 2002-62, § 1, 12-16-02; Ord. No. 2003-57, § 1, 11-10-03; Ord. No. 2003-65, § 1, 12-22-03; Ord. No. 2004-13, § 1, 4-12-04; Ord. No. 2007-14, § 2, 6-11-07; Ord. No. 2007-15, § 2, Pt. 1, 6-11-07; Ord. No. 2007-16, § 2, 7-9-07; Ord. No. 2008-22, § 2, 12-22-08; Ord. No. 2009-15, § 3, 7-27-09; Ord. No. 2010-08, § 9, 7-26-10; Ord. No. 2012-04, § 3, 1-23-12; Ord. No. 2012-10, § 7, 4-30-12; Ord. No. 2012-29, Exh. A, 10-22-12; Ord. No. 2014-08, § 2.3(Exh. C), 4-14-14; Ord. No. 2015-22, § 2C(Exh. C), 12-14-15; Ord. No. 2017-03, § 3, 1-23-17; Ord. No. 2017-18, § 2D(Exh. D), 7-24-17; Ord. No. 2017-23, 9-28-17; Ord. No. 2017-32, § 2, 10-9-17; Ord. No. 2019-01, § 2(Exh. A), 1-14-19; Ord. No. 2019-05, § 2B, 2-25-19; Ord. No. 2019-06, § 2, 2-25-19; Ord. No. 2019-21, § 2H, 7-22-19; Ord. No. 2020-14, § 2B, 2-24-20; Ord. No. 2020-17, § 2B, 7-6-20; Ord. No. 2021-08, § 2L, 6-14-21; Ord. No. 2021-012, § 2, 8-9-21; Ord. No. 2021-20, § 2J, 9-27-21; Ord. No. 2023-024, § 2, 7-24-23; Ord. No. 2023-038, § 3, 9-25-23; Ord. No. 2023-040, § 5, 10-9-23; Ord. No. 2025-021, § 2, 7-28-25)