For the purpose of these Land Development Regulations, certain terms or words used herein shall be interpreted as follows:

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

The present tense includes the future tense, the singular number includes the plural, and the plural number 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," "parcel," "tract," or "site."

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. Among other things, structures include walls, buildings, fences, signs, and swimming pools.

The word "land" includes the words "water," "marsh," or "swamp."

The word "abut" shall not include directly across from.

The words "city commission" mean the City Commission of Newberry, Florida.

The word "city" means City of Newberry, Florida.

Abandoned motor vehicle. Abandoned motor vehicle means one that is in a state of disrepair and incapable of being moved under its own power.

Abutting or adjacent property. Abutting or adjacent property means property that is immediately adjacent to the property being considered under these Land Development Regulations.

Access. Access means the primary means of ingress and egress to abutting property from a dedicated right-of-way.

Accessory use or structure. Accessory use or structure means a use or structure of a nature customarily incidental and subordinate to the principal use or structure and, unless otherwise provided, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory building.

Addition. Addition means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load bearing wall is new construction.

Administrator. Administrator means the land development regulation administrator designated by the city commission for the administration and enforcement of these Land Development Regulations (see Land development regulation administrator).

Adverse effect. Adverse effect means increases in flood elevations on adjacent properties attributed to physical changes in the characteristics of the official 100-year flood area due to development.

Alter or alteration of a stormwater management system. Alter or alteration of a stormwater management system means work done other than that necessary to maintain the system's original design and function.

Alteration. Alteration means any change in size, shape, occupancy, character, or use of a building or structure.

Alley or service drive. Alley or service drive means a public or private right-of-way which affords only a secondary means of access to property abutting thereon.

Approved. Approved means a procedure of operation or construction which is in accordance with the standards established by the City of Newberry, which is acceptable to the City of Newberry Board of Adjustment as a special exception approval in conformance with appropriate standards and good public health practice.

Aquifer or aquifer system. Aquifer or aquifer system means a geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield significant quantities of water to wells and springs.

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

Area of special flood hazard. Area of special flood hazard means the area so designated on a flood insurance rate map.

Arterial streets. Arterial streets means streets which conduct large volumes of traffic over long distances and are functionally classified as such on the Future Traffic Circulation Map of the Comprehensive Plan.

Automobile wrecking or automobile wrecking yard. Automobile wrecking or automobile wrecking yard means a facility devoted to the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.

Automotive service and self-service station. Automotive service station is an establishment whose principal business is the dispensing at retail of motor fuel and oil primarily for automobiles and where grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. In addition, an automotive service station may provide accessory facilities for car washing and polishing and may render minor repair services. However, major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, tire recapping or re-grooving, storage of automobiles not in operating condition, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations are prohibited. An automotive service station is not a repair garage, a body shop, truck stop, or a car wash.

Automotive self-service station means an establishment where motor fuel pumps are erected for the purpose of dispensing motor fuel at retail primarily for automobiles, but does not include minor automotive repair or the outside display of batteries tires and automobile accessories nor additional services which are customarily associated with an automotive service station.

Where such motor fuel pumps are erected in conjunction with a use which is herein described as an automotive self-service station, each use shall be considered as a separate principal use and as such, each must meet all applicable requirements of these Land Development Regulations (see article 4 for special design standards for automotive service and self-service stations).

Balustrade.Balustrade means a type of railing.

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

Basement. Basement means that portion of a building between the floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from the grade to the floor below is less than the vertical distance from the grade to the ceiling provided, however, that the distance from the grade to the ceiling shall be at least four feet six inches (see Cellar).

Bar, cocktail lounge, or tavern. Bar, cocktail lounge, or tavern means any establishment which is devoted primarily to the retailing and on-premises drinking of malt, vinous, or other alcoholic beverages, and which is licensed by the State of Florida to dispense or sell alcoholic beverages.

Bicycle and pedestrian ways. Bicycle and pedestrian ways means any road, path or way which is open to bicycle travel and traffic afoot and from which motor vehicles are excluded.

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

Board of adjustment. Board of adjustment means the board of adjustment, as herein provided for within these Land Development Regulations.

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

Buildable area. Buildable area is that portion of a lot remaining after the required yards have been provided.

Building. Building means any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the enclosure or shelter of persons, animals, vehicles, goods, merchandise, equipment, materials, or property of any kind. This definition shall include tents, dining cars, trailers, mobile homes, sheds, garages, carports, animal kennels, storerooms, or vehicles serving in any way the function of a building as described herein. This definition of a building does not include screened enclosures not having a roof impervious to weather.

Building front yard setback line. Building front yard setback line means the rear edge of any required front yard as specified within these Land Development Regulations.

Building, height of. Height of building means the vertical distance measured from the established grade at the corner of a front of a building to the highest point of the roof surface of a flat roof, to the deck line of a mansard or Bermuda roof, to the mean height level between eaves and ridge of gable, hip, cone, gambrel and shed roofs, and to a height three-fourths the distance from the ground to the apex of A-frame and dome roofs, as depicted in the diagram below. (See article 4, exclusions from height limitations.)

Building line. Building line means the rear edge of any required front yard or the rear edge of any required setback line.

Bulk storage of flammable liquids. Bulk storage of flammable liquids means establishments engaged in the wholesale distribution of liquid petroleum products (except liquefied petroleum gases) from bulk liquid storage terminals. Bulk storage terminals have bulk storage capacity of 100,000 gallons or more.

Camping unit. Camping unit means and includes tents, cabins any other structure as may be developed marketed and used by the camping trade for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel.

Campsite. Campsite means and includes any plot of ground within a campground used or intended for the exclusive occupation by a camping unit or units under the control of a camper.

Capital budget. Capital budget means the portion of annual budget which reflects capital improvements scheduled for a fiscal year.

Capital improvements. Capital improvements means 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. Physical assets which have been identified as existing or projected needs in the Comprehensive Plan shall be considered capital improvements.

Cellar. Cellar means that portion of a building, the ceiling of which is entirely below grade or less than four feet six inches above grade (see Basement).

Child care center. Child care center means an establishment where six or more children, other than members of the family occupying the premises, are cared for during the day. The term includes day nurseries, kindergartens, day care services, nursery school, or play school.

Child care center, overnight. Overnight child care center means an establishment where six or more children, other than members of the family occupying the premises, are cared for not only during the day but overnight. An overnight child care center provides full overnight sleeping facilities for such children.

Chroma. Chroma means the strength of a color; its saturation, brilliance or purity.

Clinics, medical or dental. Medical or dental clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is regulated by the State of Florida.

Clubs, private. Private clubs means those associations and organizations of a civic, fraternal, recreational, 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.

Code enforcement officer. The term "code enforcement officer" shall mean the land development regulation administrator or any authorized agent or employee of the city whose duty it is to assure code compliance.

Collector streets. Collector streets means streets which serve as the connecting link for local streets and arterials. The traffic characteristics generally consist of relatively short trip lengths with moderate speeds and volumes. In addition, collectors are so functionally classified as such on the future traffic circulation map of the Comprehensive Plan.

Colonnade. Colonnade means an open structure created by a series of columns and/or arches.

Color value. Color value means the lightness or darkness of a color against a white background.

Column. Column means a vertical support.

Commercial campgrounds. Commercial campgrounds means and includes, recreation camps not defined herein as recreational vehicle parks or travel trailer parks and campgrounds (see section 4.2.22), but defined herein as family campgrounds, camping resorts, camping communities or any other area, place, parcel or tract of land, by whatever name called, on which three or more campsites are occupied or intended for occupancy, or facilities are established or maintained, wholly or in part, for the accommodation of camping units for periods of overnight or longer, whether the use of the campsites and/or facilities is granted gratuitously, by a rental fee, by lease, by conditional sale or by covenants, restrictions and easements. This definition is not intended to include summer camps, and migrant labor camps as defined in the Florida Statutes, construction camps, permanent mobile home parks, or storage areas for unoccupied camping units, or property upon which the individual owner may choose to camp and not be prohibited or encumbered by covenants, restrictions and conditions from providing his sanitary facilities within his property lines.

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

Communication antenna. Communication antenna means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission.

Communication tower. Communication tower means a tower greater than 75 feet in height (including antenna) which supports communication equipment for either transmission or receiving. The term "communication tower" shall not include amateur radio operators' equipment, including citizens band, very high frequency and ultra high frequency aircraft/marine, and other similar operators. Design examples of communication towers are described as follows: (a) self-supporting lattice; (b) guyed; and (c) monopole.

Community residential home. Community residential home means a dwelling unit licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides a living environment for seven to 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 physical emotional, and social needs of the residents (see also article 4).

Completely enclosed building. Completely enclosed building means a building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.

Comprehensive Plan. The phrase "Comprehensive Plan" means the official city Comprehensive Plan adopted by the city commission pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. §§ 163.3161—163.3215) and F.A.C. ch. 9J-5.

Cone of influence. Cone of influence means an area around one or more major water wells the boundary of which is determined by the city commission based on groundwater travel or drawdown depth.

Construction, actual. Actual construction means the placing of substantial construction materials in permanent position and fastened in a permanent manner; except that where demolition, excavation, or removal of an existing structure has been substantially begun preparatory to new construction, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be continuously carried on until the completion of the new construction involved. Actual construction shall include only work begun under a valid building permit.

County health department. County health department means the health department of the county.

Cul-de-sac. Cul-de-sac means a local street of relatively short length with one end open and the other end terminating in a vehicular turnaround.

Curb break. Curb break means a driveway or any other point of access or opening for vehicles onto a public street.

Day care center or nursery. See Child care center.

Density, gross residential. Gross residential density means the number of residential dwelling units permitted per gross acre of land and is determined by dividing the number of units by the total area of land within the boundaries of a lot or parcel including dedicated rights-of-way and except as otherwise provided for in these Land Development Regulations. In the determination of the number of residential units to be permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit.

Developer. Developer means any person, including a governmental agency, undertaking any development as defined in F.S. §§ 163.3164(5) and 380.031.

Development. Development has the meaning as defined in F.S. §§ 163.3164(6) and 380.04.

Development order. Development order means any order granting, denying, or granting with conditions an application for a development permit, which includes any building permit, subdivision approval, rezoning, certification or designation, special exception, variance, special or temporary permit, or any other official action of the appropriate city approval body or land development regulation administrator having the effect of permitting the development of land.

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

Dormitory. Dormitory means a space in a unit where group sleeping accommodations are provided with or without meals for persons not members of the same family group, in one room, or in a series of closely associated rooms under joint occupancy and single management, as in college dormitories, fraternity houses, and military barracks.

Drainage basin. Drainage basin means the area defined by topographic boundaries which contributes stormwater to a drainage system, estuarine waters, or oceanic waters, including all areas artificially added to the basin.

Drainage detention structure. Drainage detention structure means 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.

Drainage facilities. Drainage facilities means a system of manmade structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures.

Drainage retention structure. Drainage retention structure means a structure designed to collect and prevent the release of a given volume of stormwater by complete on-site storage.

Drive-in restaurant or refreshment stand. Drive-in restaurant or refreshment stand means any place or premises where provision is made on the premises for the selling, dispensing, or serving of food, refreshments, or beverages to persons in automobiles and/or in other than a completely enclosed building on the premises, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in automobiles on the premises. A restaurant which provides drive-in facilities of any kind 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.

Dwelling, mobile home or mobile home. Mobile home dwelling or mobile home means a detached one-family dwelling unit with all the following characteristics: (a) designed for long term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems; (b) designed for transportation after fabrication on streets or highways on its own wheels or on a flatbed or other trailers; (c) arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities, and the like; and (d) manufactured homes defined by these Land Development Regulations as standard design manufactured homes and do not meet the installation criteria prescribed in section 4.2 of these Land Development Regulations shall be considered a mobile home. A travel trailer is not to be considered a mobile home.

Dwelling, multiple or multiple-family. Multiple-family dwelling means one building under one roof containing three or more dwelling units. Housing for the aged, which does not provide for routine nursing and/or medical care, shall be construed to be a multiple-family dwelling.

Dwelling, multiple dwelling use. For purposes of determining whether a lot is in multiple dwelling use, the following considerations shall apply:

a.

Rental or condominium. Multiple dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management or cooperative apartments, condominiums, and the like.

b.

Three dwelling units on lot. Where an undivided lot contains more than one building and the buildings are not so located that lots and yards conforming to requirements for single- or two-family dwellings in the district could be provided, the lot shall be considered to be in multiple dwelling use if there are three or more dwelling units on the lot, even though the individual buildings may each contain less than three dwelling units.

c.

Guest houses; servant's quarters. Guest houses and servant's quarters in connection with single-family residences shall not be considered as dwelling units in the computation of (b) above.

d.

Rental units. Any multiple dwelling in which dwelling units are available for rental for periods of less than one week shall be considered a tourist home, a motel, motor hotel, or hotel as the case may be.

Dwelling, one-family. One-family dwelling means one building under one roof containing only one dwelling unit. A one-family dwelling may be either a single-family dwelling or a mobile home dwelling.

Dwelling, residential design manufactured home. Residential design manufactured home means a manufactured home and certified to be in compliance with the manufactured housing construction safety standards of chapter 15C-2, entitled Rules and Procedures for the Bureau of Mobile Home and Recreational Vehicle Construction, in effect on March 29, 1999:

(1)

Have house-type siding and roofing materials with treatment of a type generally acceptable for site-built housing;

(2)

Measure at least 20 feet in width (requiring at least a double section home);

(3)

Have a minimum roof pitch of 2½ rise for each 12 feet of horizontal run; and

(4)

Have a minimum roof overhang on all sides of six inches.

Dwelling, single-family. Single-family dwelling means a building containing only one dwelling unit and structurally connected to no other dwelling unit. The term "single-family dwelling" also includes dwelling units which meet the State of Florida certification requirements for a "manufactured building." Manufactured homes defined by these Land Development Regulations as a residential design manufactured home and meeting the installation criteria prescribed in section 4.2 of these Land Development Regulations shall be considered a single-family dwelling unit. The term is not to be construed as including mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, house boats, or other forms of temporary or portable housing.

Dwelling, standard design manufactured home. Standard design manufactured home means a manufactured home certified to be in compliance with the manufactured housing construction safety standards of chapter 15C-2, entitled Rules and Procedures for the Bureau of Mobile Home and Recreational Vehicle Construction, in effect on March 29, 1999, which does not meet the definition of a residential design manufactured home.

Dwelling, tiny home. A principal single family residential dwelling unit that is set on an approved foundation, complies with the current Florida Building Code as to minimum living space requirements, has a maximum 600 square feet, and meets all other applicable Florida Building Code (Florida Residential Code) standards. Homes must be site built or of modular construction. Modular homes must comply with the standards of the Florida Building Commission, be constructed off-site, and bear a department of business and professional and business regulation (DBPR) insignia (label). Manufactured tiny homes constructed and inspected in accordance with federal regulatory requirements may be permitted in areas zoned for manufactured homes. Tiny homes on wheels (THOWs) are not permitted in any residential zoning district. THOWs may be permitted in the commercial areas of mixed use and planned developments.

Dwelling, two-family or duplex. A two-family or duplex dwelling is one building under one roof containing only two dwelling units.

Dwelling unit (D.U.). Dwelling unit means a room or rooms connected together, constituting a separate, independent housekeeping establishment for one family, for owner occupancy or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping facilities and one kitchen.

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

Eaves. Eaves means the lower part of a roof projection beyond the face of the wall.

EIFS. EIFS means exterior insulated finish system, an interlocking manufactured stucco panel.

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

Elevation. Elevation means height in feet above mean sea level as established by the National Geodetic Vertical Datum (NGVD) of 1929.

Emergency. Emergency means a condition that in the exercise of the sound discretion of the City of Newberry is found deleterious to the public health, safety and welfare and requires immediate action.

Enforcement board. The term "enforcement board" shall mean the City of Newberry Code Enforcement Board.

Engineer. Engineer means a professional engineer registered to practice engineering by the State of Florida who is in good standing with the Florida Board of Engineer and Land Surveyors Examiners.

Essential services. See article 14.

Exotic animals. Exotic animals means all animals excepting house cats (Felis catus domestica), dogs (Canis familiaris) and feathered vertebrates other than poultry, as well as livestock and poultry as defined in this section of these Land Development Regulations.

Extermination. Extermination means the control and extermination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods.

Facade. Facade means the face or elevation of a building.

Facility. Facility means a building or buildings, appurtenant structures and surrounding land area used by a single business private entity or governmental unit or sub-unit at a single location or site.

Family. Family means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, marriage, or foster care, no family shall contain over three persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families and not more than two roomers or boarders may occupy the dwelling unit (for three or more roomers or boarders, see Group living facility). "Family" shall not be construed to mean a fraternity, sorority, club, monastery or convent, or institutional group.

Fascia. Fascia means a finish board or other material used to cover the ends of roof rafters.

Fill. Fill means any materials deposited for the purpose of raising the level of natural land surface.

Flag. A piece of cloth or similar material bearing a distinctive design and emblem or symbol representing a country, a state, a political subdivision of a state, or another organization.

Flood. Flood means the unusual and rapid accumulation or runoff of surface water of any source.

Flood elevation of record. Flood elevation of record means the maximum flood elevation for which historical records exist.

Flood insurance rate map (FIRM). Flood insurance rate map (FIRM) means the official map, issued by the Federal Emergency Management Agency, where both the areas of special flood hazard and the risk premium zones applicable have been delineated.

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

Floodplains. Floodplains means areas adjacent to a watercourse inundated during a 100-year flood event and identified by the Federal Emergency Management Agency on flood insurance rate maps.

Floodway. Floodway means the channel of a river or other 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 foot.

Floor area. Floor area means, except as may be otherwise indicated in relation to particular districts and uses, the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, excluding attic areas with a headroom of less than seven feet, unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or heating or other building machinery and equipment, parking structures and basement space where the ceiling is not more than 48 inches above the general finished and graded level of the adjacent part of the lot.

Floor area ratio. Floor area ratio means the ratio of the floor area to the size of the lot.

Floridan Aquifer System. Floridan Aquifer System means the thick carbonate sequence which includes all or part of the Paleocene to early Miocene Series and functions regionally as a water-yielding hydraulic unit. Where overlaid by either the intermediate aquifer system or the intermediate confining unit, the Floridan contains water under confined conditions. Where overlaid directly by the surficial aquifer system, the Floridan may or may not contain water under confined conditions, depending on the extent of low permeability materials in the surficial aquifer system. Where the carbonate rocks crop out, the Floridan generally contains water under unconfined conditions near the top of the aquifer system, but, because of vertical variations in permeability, deeper zones may contain water under confined conditions. The Floridan Aquifer is the deepest part of the active ground water flow system. The top of the aquifer system generally coincides with the absence of significant thicknesses of clastics from the section and with the top of the vertically persistent permeable carbonate section. For the most part, the top of the aquifer system coincides with the top of the Suwannee Limestone, where present, or the top of the Ocala Group. Where these are missing, the Avon Park Limestone or permeable carbonate beds of the Hawthorn Formation form the top of the aquifer system. The base of the aquifer system coincides with the appearance of the regionally persistent sequence of anhydride beds that lie near the top of the Cedar Keys Limestone.

Frontage of a lot. See Lot frontage.

Functionally dependent facility. Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such a docking facility necessary for the loading or unloading of cargo or passengers, boat building, boat repair, or fishery processing facilities. The term does not include long term storage, manufacture, sales, or service facilities.

Gable. Gable means the triangular portion of a wall between the enclosing lines of a sloping roof.

Galvalume. Galvalume means a tin-coated metal panel used in metal roof systems.

Garage, parking. Parking garage means a building or portion thereof designed or used for temporary parking of motor vehicles.

Garage, private. Private garage means a structure designed or used for inside private 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. Repair garage means a building or portion thereof, other than a private, storage, or parking garage or automotive 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. Storage garage means 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. Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Gingerbread. Gingerbread means the ornamental wooden millwork common on many Victorian buildings.

Grade. Grade means the level of the finished ground surface immediately adjacent to the exterior walls of the building.

Groundwater. Groundwater means water in saturated zones or stratum beneath the surface of land or water, whether or not it is flowing through known and definite channels.

Group living facility. Group living facility means an establishment where lodging is provided (a) for four or more persons who are not a family or for three or more roomers or boarders, (b) for residents rather than transients, (c) on a weekly or longer basis, and (d) in which residents may share common sleeping or kitchen facilities. "Group living facility" includes dormitories, fraternities, sororities, rooming or boarding houses, convents or monasteries, orphanages, and housing for other institutional groups. One-, two-, or multiple-family dwellings which constitute separate, individual housekeeping establishments for one family shall not be considered to be group living facilities.

Guest house or guest cottage. Guest house or guest cottage means a dwelling unit in a building separate from and in addition to the main residential building on a lot, intended for intermittent or temporary occupancy by a nonpaying guest, provided, however, that such quarters shall have no cooking facilities, shall not be rented, and shall not have separate utility meters.

Habitable room. Habitable room means a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.

Habitable story. Habitable story means any story used or to be used for living purposes, which includes working, sleeping, eating, cooking, recreation, or a combination thereof. A story used only for storage purposes having only non-loadbearing walls, e.g., breakaway latticework, wall, or screen, is not a "habitable story".

Hazardous lands. Hazardous lands means lands unoccupied as well as occupied upon which there is an accumulation of trash, filth, excessive growth of weeds or noxious plants, or littered with other matter, on or within the premises which may cause disease or affect the health of the inhabitants of the neighborhood or city.

Hazardous waste. Hazardous waste means 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 a building. See Building height.

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

Home occupation. Unless otherwise provided herein, home occupation means an occupation conducted entirely in a dwelling unit, in accordance with the home occupation criteria in section 4.2 of these Land Development Regulations.

Hotel, motel, motor hotel, motor lodge, tourist court. Hotel, motel, motor hotel, motor lodge, and tourist court are to be considered synonymous terms and to mean a building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with daily charge, as distinguished from multiple-family dwellings and group living facilities, where rentals are for periods of a week or longer and occupancy is generally by residents rather than transients.

Improvements. Improvements means street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, road and street signs, landscaping, permanent reference monuments ("PRMs"), permanent control points ("PCPs"), or any other improvements required by these Land Development Regulations.

Independent camping unit. Independent camping unit means a unit which contains water-flushed toilet, lavatory and shower as an integral part of the structure, and which requires an approved wastewater facility connection. The unit can be a modular, manufactured, kit built, or conventional cabin or cottage of Florida Vernacular Design. Park mode RV units may be installed contingent upon connection to an approved potable water and sanitary sewage service. All independent camping units shall be governed by the regulations of the Florida Division of Hotels and Restaurant Management.

Infestation. Infestation means the presence within or around a dwelling, of any insects, rodents or other pests.

Intensive agriculture. Intensive agricultural uses shall be defined herein as those agricultural uses or activities which, by the nature of either the customary operation of the use, or the manner in which such uses customarily utilize a site, are more industrial in nature than typically occurring agricultural pursuits. For the purposes of these Land Development Regulations, intensive agricultural uses shall include, but not be limited to:

1.

Agricultural uses or activities meeting the threshold criteria of such uses or activities requiring an industrial waste permit from the Florida Department of Environmental Protection, pursuant to Chapter 62-4 (Permits) of the Florida Administrative Code, as effective on January 1, 2003.

2.

Requirement of an industrial waste permit is to be used as a measurement of land use intensity only, for the purposes of these Land Development Regulations and the intensive agriculture future land use classification of the Comprehensive Plan, and is not intended to confer authority or jurisdiction to the city to alter any requirements necessary to obtain an industrial waste permit from the Florida Department of Environmental Protection.

Junk yard. A junk yard is a place, structure, or lot where junk, waste, discarded, salvaged, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are brought, bought, sold, exchanged, baled, packed, disassembled, stored, or handled, including used lumber and building material yards, house-wrecking yards, heavy equipment wrecking yards, and yards or places for the storage, sale, or handling of salvaged house wrecking or structural steel materials. This definition shall not include automobile wrecking or automobile wrecking yards and establishments for the sale, purchase, or storage of secondhand cars, clothing, salvaged machinery, furniture, radios, stoves, refrigerators, or similar household goods and appliances, all of which shall be usable, nor shall it apply to the processing of used, discarded, or salvaged materials incident to manufacturing activity on the same site where such processing occurs.

Kynar. Kynar means a powder-coated metal finish available in many colors.

Land. Land means the earth, water and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Land development regulation administrator. Land development regulation administrator means the official designated by the city commission for the administration and enforcement of these Land Development Regulations.

Land development regulations. Land development regulations means regulations which address the use of land and water, subdivision of land, drainage and stormwater management, protection of environmentally sensitive areas, sign control, standards for public facilities and services, on-site traffic flow and parking and any other regulation so deemed appropriate by the city.

Landmark. Landmark means a building or structure which has been designated as such within the Comprehensive Plan.

Landmark site. Landmark site means the land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises or the setting for the landmark.

Large-Scale Retail. Establishment shall mean a single building that occupies 60,000 square feet of gross floor area or greater and serves a regional market. Large-scale retailers include, but are not limited to, membership wholesale clubs that emphasize bulk sales, and discount, home improvement, sports equipment, furniture, farm and department stores. Retail uses that do not meet these criteria are classified as retail sales, unless otherwise noted in this code. The square footage, trip generation rate and the use for the purposes of this Section shall not include ancillary service and self-service stations or out parcel developments.

Legible. As related to section 4.2.20, Signs, means that a message can be comprehended by a person with eyesight adequate to obtain a current Florida driver's license standing in the public way or other location from which legibility is to be determined. Where such facts are material, it shall be presumed that the observation takes place in daylight hours and that the person making the observation is standing and is between five feet two inches and six feet tall.

Level of service. Level of service means 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 indicates the capacity per unit of demand for each public facility.

Lien. Lien means a claim on the property of another as security against the payment of a just debt.

Livestock. Livestock means all domesticated animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle and poultry.

Livestock, small. Small livestock shall mean miniature, dwarf, pygmy or other small sized livestock, excluding poultry or fowl and small domestic animals.

Loading space, off-street. Off-street loading space means a space logically and conveniently located for pickups and/or deliveries or for loading and/or unloading, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.

Local governing body attorney. The term "local governing body attorney" shall mean the legal counselor for the City of Newberry.

Local planning agency. Local planning agency means the agency designated by the city commission, under the provisions of F.S. §§ 163.3161—163.3215.

Local streets. Local streets means streets whose primary function is to provide the initial access to the collector and arterial roadways. These facilities are characterized by short trips, low speeds, and small traffic volumes.

Lot. Lot means a portion of a subdivision or any parcel of land intended as a unit for building development or for transfer of ownership or both.

"Lot" includes the words "plot", "parcel", "tract", or "site" and may consist of:

a.

A single lot of record;

b.

A portion of a lot of record;

c.

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

d.

A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of these Land Development Regulations.

Lot area. Lot area means the total horizontal area included within lot lines.

Lot coverage. Lot coverage means the percentage of lot area that is covered or occupied by buildings, including accessory buildings.

Lot frontage. Lot frontage means the portion of a lot along a street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as set out in these Land Development Regulations.

Lot line. Lot line means the lines bounding a lot as established by ownership.

Lot measurement, depth. Lot measurement, depth means the distance between the midpoints of straight lines connecting the foremost points on the side lot lines in front and the rearmost points of the side lot lines in the rear.

Lot measurement, width. Lot measurement, width means the average distance between straight lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the foremost points of the side lot lines in front (where they intersect with the street line) and the rearmost points of the side lot lines in the rear, provided however that the width between the side lot lines at their foremost points in the front shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the width shall not be less than 60 percent of the required lot width.

Lot of record. Lot of record means:

(1)

A lot which is part of a subdivision recorded in the office of the county clerk, or

(2)

A lot or parcel described by metes and bounds, the description of which has been so recorded on or before the date of adoption of the Comprehensive Plan.

Lot types. Lot types means corner lots, interior lots, reversed frontage lots, and through lots:

In the diagram,

A = Corner lot, defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lot marked A(1) in the diagram.

B = Interior lot, defined as a lot other than a corner lot with only one frontage on a street.

C = Through lot, defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

D = Reversed frontage lot, defined as a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D in the diagram), an interior lot (B-D), or a through lot (C-D).

Lumen. Lumen means a quantifiable measure of light.

Marginal access street. Marginal access street means a street, parallel and adjacent to an existing street, providing access to abutting lots.

Material—Oriented industrial development. Material-oriented industrial development shall be defined herein as development, which is dependent on natural resources found in the agriculturally classified areas of the city, or is based on raw agricultural products, materials or activities at or proximate to the site.

Mean sea level. Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. The term is synonymous with National Geodetic Vertical Datum (NGVD).

Mining activities. Mining activities shall be defined herein as the removal of any materials from the earth, which will be manufactured or processed to another use (i.e. sand or limestone to be used to manufacture cement or concrete, phosphate to be used to manufacture fertilizer, clay to be used to manufacture ceramics, etc.).

Mobile home. See Dwelling, mobile home.

Mobile home park. Mobile home park means a parcel of land under single ownership or management which is operated as a business engaged in providing for the parking of mobile homes to be used for nontransient living or sleeping purposes, and where lots are offered only for rent or lease, and including customary accessory uses such as owners' and managers' living quarters, laundry facilities and facilities for parks and recreation.

Mobile home stand. Mobile home stand means a lot or parcel of ground designated for the accommodation of not more than one mobile home.

Mobile home subdivision. A mobile home subdivision means a residential subdivision where lots are offered for sale for use exclusively by mobile homes.

Motel, motor hotel, or motor lodge. See Hotel.

National Geodetic Vertical Datum (NGVD). National Geodetic Vertical Datum means a vertical control, as corrected in 1929, used as a reference for establishing varying elevations within a floodplain.

Natural drainage features. Natural drainage features means the naturally occurring features of an area which accommodates the flow of stormwater, such as streams, rivers, lakes and wetlands.

New construction. New construction means structures for which the "start of construction" commenced on or before the effective date of these Land Development Regulations.

Newspaper of general circulation. Newspaper of general circulation means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

Non-self-contained camping unit. Non-self-contained camping unit means a unit, which is dependent upon a service building for toilet and lavatory facilities.

Nonconforming lot, structure, characteristics of use, use of land and use of structures and premises. See section 2.3.

Nuisance. The following shall be defined as nuisances:

1.

Any public nuisance known at common law or in equity jurisprudence.

2.

Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

3.

Whatever is dangerous to human life or is detrimental to health, as determined by the county health officer.

4.

Overcrowding a room with occupants.

5.

Insufficient ventilation or illumination.

6.

Inadequate or unsanitary sewerage or plumbing facilities.

7.

Uncleanliness, as determined by the county health officer.

8.

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the county health officer.

Nursery school. See Child care center.

Nursing home. Nursing home means a private home, institution, building, residence, or other place, whether operated for profit or not, including those places operated by units of government, which undertakes through its ownership or management to provide for a period exceeding 24 hours, maintenance, personal care, or nursing for three or more persons not related by lineal consanguinity or marriage to the operator, who by reason of illness, physical infirmity, or advanced age are unable to care for themselves; provided, that this definition shall include homes offering services for less than three persons where the homes are held out to the public to be establishments which regularly provide nursing, extended care, and custodial services. (See also, Residential home for the aged.)

Office, business. Business office means 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 (but not finance company), abstract and title agencies, insurance companies, stockbroker, employment agencies, billing office, and the like. It is characteristic of a business office that retail or wholesale goods are not shown to or delivered from the premises to a customer.

Office, professional. Professional office means an office for the use of a person or persons generally classified as professional such as architects, engineers, attorneys, accountants, doctors, lawyers, dentists, veterinarians (but not including boarding of animals on the premises, except as part of treatment and then only in soundproof buildings), psychiatrists, psychologists, and the like. It is characteristic of professional offices that the use is devoted principally to an offering of consultive services.

Official 100-year flood map. Official 100-year flood map means the map issued by the Federal Emergency Management Agency that delineates the areas having ground elevations that are less than the official 100-year flood elevations.

Official ten-year flood elevations. Official ten-year flood elevations means the most recent and reliable flood elevations based on a Log Pearson Type III probability distribution produced by the United States Geological Survey and based on historical data.

100-year flood area. 100-year flood area means those areas that have a land elevation less than the official 100-year flood elevations.

Open spaces. Open spaces means undeveloped lands suitable for passive recreation or conservation uses.

Openable area. Openable area (window) means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator. Operator means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

Outdoor bathing facilities. Outdoor bathing facilities means ponds, impoundments, beaches, or other places, whether natural or man-made, in which an area is held out for swimming or bathing purposes.

Overflow area. Overflow area means a plot of ground in or adjacent to the campground set apart for accommodating those campers for whom no designated sites are available in the general geographical area, and which is subject to certain restrictions as to size, length of stay, temporary facilities, etc.

Overnight. Overnight means the occupation of a camping unit as a temporary habitation between the hours of 7:00 p.m. and 7:00 a.m., or major portion thereof.

Owner. Owner means the holder of the title in fee simple and any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted. Owner means any person who, alone or jointly or severally with others:

(a)

Has legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(b)

Has charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possessions, or assignee of rents, lessee, or other person, firm, or corporation in control of a building; or their duly authorized agents. Any such person thus representing the actual owner is considered to be bound by these Land Development Regulations to the same extent as if he or she were the owner. It is his or her responsibility to notify the actual owner of the reported infractions of these Land Development Regulations pertaining to the property which apply to the owner.

Package liquor store. Package liquor store means a place where alcoholic beverages are dispersed or sold in containers for consumption off the premises.

Parapet. Parapet means a vertical wall system used to conceal roof appliances.

Parcel of land. Parcel of land means any quantity of land capable of being described with such definity that its location and boundary 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.

Park model means a recreational vehicle designed specifically for placement in a recreational vehicle park to be utilized for transient or recreational housing. Park models are distinguished from standard recreational vehicles by the lack of self-contained holding tanks. For purposes of this appendix if a unit is not listed in the latest addition of the N.A.D.A. Recreation Vehicle Appraisal Guide as a park model it cannot be considered a park model. Park models do not exceed 14 feet in width and contain 400 square feet of living space or less.

Parking space, handicapped. Handicapped parking space means an off-street parking space which is reserved for persons who are physically disabled or handicapped.

Parking space, off-street. Off-street parking space shall consist of a space adequate for parking a standard size automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

Performance bond. See Surety device.

Permanent control point (PCP). Permanent control point (PCP) means a secondary horizontal control monument.

Permanent reference monument (PRM). Permanent reference monument (PRM) means a control monument as defined in F.S. § 177.031(15).

Person. Person means and includes any individual or group of individuals, partnership, firm, private or public association or corporation, state, county, city, town, or anyone who by covenant, restriction or agreement has care, control, custody or management of property or parts thereof, or any combination of the above or other legal entity.

Pilaster. Pilaster means a column attached to a wall.

Planning and zoning board. Planning and zoning board means the planning and zoning board of the city, as herein provided for within these Land Development Regulations.

Plat. Plat means a map or drawing depicting the division of land into lots, blocks, parcels, tracts, sites, or other divisions, however the same may be designated, and other information required by these Land Development Regulations. The word "plat" includes the terms "replat" or "revised plat."

Plat, final. Final plat means a finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for recording.

Plot. See Lot.

Plumbing. Plumbing means the practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems, within or adjacent to any building, structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of stormwater, liquid waste, or sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal.

Porch. Porch means an open, floored area covered by a roof, extending along a facade.

Poultry. Poultry means all domesticated birds that serve as a source of eggs or meat, including chickens, turkeys, ducks, ostriches, quail, pheasants and geese.

Premises. Premises means a lot, plot or parcel of land including the buildings of structures thereon.

Primitive camps. Primitive camps means camps which are characterized by the absence of what is generally understood as modern conveniences such as water-flushed toilets, showers and electrical connections. A campground shall be classified as a primitive camp when half or more of the required number of toilet seats are no-flush type.

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

Public areas. Public areas means unoccupied open spaces adjoining a building and on the same property, that are permanently maintained accessible to the fire department and free of all encumbrances that might interfere with their use by the fire department.

Public buildings and facilities. Public buildings and facilities means the use of land or structures by a municipal, county, state, or federal governmental entity for a public service purpose. More specifically public facility means major capital improvements including but not limited to transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreation, and health systems and facilities. Essential service shall not be considered public buildings and facilities.

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

Recreational uses. Recreational uses means activities within areas where recreation occurs.

Recreational vehicle means a vehicle or portable structure built and designed to be used for temporary occupancy or travel, recreational or vacation use. Said vehicles contain plumbing, heating and electrical systems which are operated with or without connection to outside utilities. Recreational vehicles shall include, but are not limited to, campers, motorhomes, camping trailers, tent trailers, fifth wheels and travel trailers; tents are excluded. A recreational vehicle shall have a body width of no more than nine feet and a body length of no more than 40 feet when factory equipped for the road.

Recreational vehicle park means a tract or parcel of land upon which two or more recreational vehicle sites are located, for occupancy by recreational vehicles as temporary living quarters for recreation or vacation purposes.

Recreational vehicle site means a plot of ground within a recreational vehicle park intended for temporary location of a recreational vehicle.

Regulated materials. Regulated materials means the following materials:

a.

Petroleum. Petroleum products, which include fuels (gasoline, diesel fuel, kerosene and mixtures of these products, lubricating oils, motor oils, hydraulic fluids and other similar products). This term does not include liquefied petroleum gas, American Society for Testing and Materials grade number 5 and number 6 residual oils, bunker C residual oils, intermediate fuel oils used for marine bunkering with a viscosity of 30 and higher and asphalt oils.

b.

Substances list. Substances listed by the Secretary of the Florida Department of Labor and Employment Security pursuant to former F.S. ch. 442 (Occupational Health and Safety). This list, known as the Florida Substances List, is provided in F.A.C. ch. 38F-41.

c.

EPA environmental list. Substances listed by the Administrator of the United States Environmental Protection Agency pursuant to section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. This list is provided in title 40 (Protection of the Environment) of the Code of Federal Regulations, part 302, Designation, Reportable Quantities and Notification.

d.

EPA superfund list. Substances listed by the Administrator of the United States Environmental Protection Agency pursuant to title III of the Superfund Amendments and Reauthorization Act of 1986. The list is provided in title 40 of the Code of Federal Regulations, part 355, Emergency Planning and Notification.

e.

USDOT list. Materials listed by the Secretary of the United States Department of Transportation pursuant to the Hazardous Materials Transport Act. This list is provided in title 49 (Transportation) of the Code of Federal Regulations, part 172, Hazardous Materials Tables and Communications Regulations.

f.

Elemental metals. The following elemental metals, if they are stored in a easily crumbled, powdered, or finely divided state: aluminum, beryllium, cadmium, chromium, copper, lead, manganese, mercury, molybdenum, nickel, rhodium, silver, tellurium, tin and zinc.

g.

Mixtures. Mixtures containing the above materials if they contain one percent or more by volume or if they are wastes.

h.

Material presenting risks. Any material not included above which may present similar or more severe risks to human health or the environment as determined by the land development regulation administrator. Such determinations must be based upon competent testing or other objective means with conclusions which indicate that the material may pose a significant potential or actual hazard.

Repair. Repair means the replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required existing facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be in violation of a provisions of law or ordinance. Repair or repairs shall not apply to any change of construction.

Repeat violation. The term "repeat violation" shall mean a violation of a provision of any city code or ordinance by a person who has been previously found through a code enforcement board, or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provisions within five years prior to the violation, notwithstanding the violations occur at different locations.

Residential buildings. Residential buildings means buildings in which families or households live or in which sleeping accommodations are provided and all dormitories, shall be classified as residential occupancy. Such buildings include, among others, the following: dwellings, multiple dwellings and rooming houses (see also Dwelling unit).

Residential home for the aged. Residential home for the aged (also known as "adult congregate living facility") means a health care facility containing characteristics of multiple-family housing, providing a maximum in independent living conditions for individuals or couples and a minimum of custodial services which would include daily observation of the individual residents by designated staff personnel. As accessory uses, residential homes for the aged may include dining rooms and infirmary facilities for intermediate or skilled nursing care solely for the use of the occupants residing in the principal facility.

Restaurant. Restaurant means an establishment where meals or prepared food, including beverages and confections, are served to customers for consumption on or off the premises. Restaurant includes cafes, coffee shops, donut shops, delicatessens, cafeterias, and other establishments of a similar nature.

Retention. Retention means the collection and storage of runoff without subsequent discharge to surface waters.

Right-of-way. Right-of-way means land dedicated, deeded, used, or to be used for a street, alley, pedestrian way, crosswalk, bikeway, drainage facility, or other public uses, wherein the owner gives up his or her rights to the property so long as it is being or will be used for the dedicated purpose. Right-of-way also is a land measurement term, meaning the distance between lot property lines which generally contains not only the street pavement, but also the sidewalk, grass area, and underground or above ground utilities.

Roadway functional classification. Roadway functional classification means 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.

Rooftop solar photovoltaic systems. Rooftop solar photovoltaic system means a system which uses one or more photovoltaic panel(s) installed on the surface of a roof, parallel to a sloped roof or surface, or rack-mounted on a flat roof, to convert sunlight into electricity. A residential rooftop solar photovoltaic system is less than approximately 10kW and a small commercial system is less than approximately 300kW.

Rooming house. Rooming house means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons which are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.

Rooming unit. Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Rubbish. Rubbish means combustible and non-combustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, or other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery and dust.

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

Sanitary station or sanitary dumping station means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks.

Sediment. Sediment means the mineral or organic particulate material that is in suspension or has settled in surface or ground waters.

Self-contained camping unit. Self-contained camping unit means a unit, which contains a water-flushed toilet, lavatory, shower and kitchen sink, all of which are connected, as an integral part of the structure, to water storage and sewage holding tanks located within the unit.

Servants' quarters. Servants' quarters means accommodations, without cooking facilities or separate utility meters, for domestic servants employed on the premises. Such units may be in either a principal or an accessory building but no such living quarters shall be rented, leased, or otherwise be made available for compensation of any kind except in the form of housing for servants.

Service building. Service building means a structure housing toilet, showers or lavatories.

Service station. See Automotive service and self-service station.

Sewage. Sewage means the human excrement from service buildings, sanitary stations, camping units or other places together with such kitchen, laundry or shower wastes as may be present.

Sidewalk. Sidewalk means that portion of the street right-of-way outside the roadway, which is improved for the use of pedestrian or bike traffic.

Sign. Sign means any device designed to inform or attract the attention of persons not on the premises on which the sign is located. Unless otherwise specified, a sign may have one or two faces. (See article 4 for general regulations governing signs.)

Sign, animated. Animated sign means a sign with externally moving parts or messages, or so operating as to give a viewer the illusion of moving parts or messages.

Sign, attached. Attached sign means a sign painted on the exterior face of a building or attached to a building. Attached signs include canopy signs, marquee signs, wall signs, roof signs, and projecting or hanging signs supported or attached to a canopy, awning, marquee, or building.

Sign, banner. A sign made of canvas or other approved flexible materials with or without a structural frame and attached to a building.

Sign, flashing. Flashing sign means a sign designed to attract attention by the inclusion of a flashing, changing, revolving, or flickering light source or a change of light intensity.

Sign, freestanding. Freestanding sign means a sign which is not attached to a building. Freestanding signs include ground signs, pole signs, and portable signs.

Sign, identification. Identification sign means a sign which depicts the name and/or address or a building or establishment on the premises where the sign is located as a means of identifying said building or establishment. An identification sign shall not contain promotional or sales material.

Sign, incidental. A sign generally informational, that has a secondary purpose to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and similar information and directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.

Sign, off-site. Off-site sign means a sign other than an on-site sign.

Sign, on-site. On-site sign means a sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

Sign, permanent. A sign that is permanently mounted to a foundation, a pole on a foundation, a wall or any portion of a building.

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

Sign, roof. A sign erected, constructed, or maintained on the roof of a building or structure above the eaves, or above mansards, parapets, or other similar architectural features of buildings or structures. Roof signs are prohibited.

Sign, surface area. Surface area of a sign means the entire area within the periphery of a regular geometric form, or combinations of regular geometric forms, comprising all of the display area of the sign, and including all of the elements of the matter displayed, but not including blank masking, frames, or structural elements of the sign and bearing no advertising matter. In the case of double face signs, each sign face shall be measured as surface area and the combined surface area of both faces shall not exceed the maximum permitted for the building or use.

Sign, temporary. Any sign that is used only for a short, specifically limited time and that is not permanently mounted.

Site. See Lot.

Slope. Slope means a ratio of length divided by height (example: 3:1 = three feet run in length to one foot rise in height).

Soffit. Soffit means the covering panels under a roof overhang, on the eaves.

Soil survey. Soil survey means the United States Department of Agriculture, Soil Conservation Service (now the Natural Resources Conservation Service) soil survey for the county.

Solar energy facilities (Solar farm). A production facility for electric power that utilizes photovoltaic modules (panels) to convert solar energy to electricity whereby the electricity that is produced is delivered to the transmission system and consumed off-site. Solar farms consist principally of photovoltaic modules, a mounting/racking system, power inverters, transformers, and associated components. Solar generation is generally the principal use of the property but solar farms may also include administration/maintenance buildings, transmission lines, substations, energy storage equipment and related accessory uses and structures.

Solar energy system. Any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in the heating or cooling of a structure or building, the heating or pumping of water, or the generation of electricity. A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member or part of the roof of a building or structure and serving as a window or wall. A solar energy system may be mounted on the building or on the ground and is not the principal use of the property.

Solid waste. Solid waste means 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. Solid waste facilities means structures or systems designed for the collection, processing or disposal of solid wastes, including hazardous waste, and includes transfer stations, processing plants, recycling plants and disposal systems, and includes all solid waste facilities permitted by the Florida Department of Environmental Protection regardless of class assignment.

Solid waste processing plant. Solid waste processing plant means a facility for incineration, resource recovery, or recycling of solid waste prior to its final disposal.

Solid waste transfer station. Solid waste transfer station means a facility for temporary collection of solid waste prior to transport to a processing plant or to final disposal.

Spandrel. Spandrel means a decorative open panel spanning the space between two columns, below the fascia board.

Special exception. Special exception means a use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning district as a special exception if specific provision for such a special exception is made in these Land Development Regulations. (For the procedure in securing special exceptions, see articles 12 and 13.)

Stairway. Stairway means one or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure.

Start of construction. Start of construction means substantial improvement, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the date the building permit was issued. The actual start means the first placement of permanent construction of a structure (including a manufactured home) 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 the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

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

Stormwater management system. Stormwater management system means a system designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site.

Stormwater runoff. Stormwater runoff means that portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system.

Story. Story means that portion of a building included between the surface of any floor and the surface of the next floor above it (including basement), or if there is no floor above it, then the space between such floor and the ceiling next above it. (See also Habitable story.)

Street. Street means a public or private roadway which affords the principal means of access to abutting property. Street includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of ingress or egress regardless of the descriptive term used.

Street line. Street line means the line between the street and abutting property. A street line is also referred to as the right-of-way line.

Structure. See Definitions, general.

Subdivider. Subdivider means any person, firm, corporation, partnership, association, estate, or trust or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, including a developer or an agent of a developer.

Subdivision. Subdivision means the division of a parcel of land, whether improved or unimproved, into three or more lots or parcels of land, for the purpose, whether immediate or future, of transfer of ownership, whether by deed, metes and bounds description, devise, lease, map, plat or other recorded instrument or, if the establishment of a new street is involved, any division of such parcel. The term shall not mean the division of land into parcels of more than five acres not involving any change in street lines; the transfer of property by sale or gift or testate succession by the property owner to his or her spouse or lineal descendants; or the transfer of property between tenants in common for the purpose of dissolving the tenancy in common among those tenants. The term includes a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.

Subdivision, major. Major subdivision means any subdivision not classified as a minor subdivision, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, or the creation of any public improvements, except where otherwise specifically exempted from the requirements of these Land Development Regulations.

Subdivision, minor. Minor subdivision means any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road, or the extension of local governmental facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjacent property, and not in conflict with any provision or portion of the Comprehensive Plan or these Land Development Regulations.

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

Substantial improvement. Substantial improvement means for a structure built prior to the enactment of these Land Development Regulations any repair, reconstruction, or improvement of a structure the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. Substantial improvement is considered to occur when the first alteration on any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure listed on the National Register of Historic Places.

Supplied. Supplied means paid for, furnished, or provided by or under control of, the owner or operator.

Surety device. Surety device means an agreement by a subdivider for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.

Surface water. Surface water means water above the surface of the ground whether or not flowing through definite channels, including the following:

1.

Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline; or

2.

Any natural or artificial stream, river, creek, channel, ditch, canal, conduit culvert, drain, waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently and which has a definite channel, bed or banks; or

3.

Any wetland.

Surficial aquifer system. Surficial aquifer system means the permeable hydrogeologic unit contiguous with land surface that is comprised principally of unconsolidated to poorly indurated clastic deposits. It also includes well-indurated carbonate rocks, other than those of the Floridan Aquifer System where the Floridan is at or near land surface. Rocks making up the surficial aquifer system belong to all or part of the upper Miocene to Holocene Series. It contains the water table and water within it is under mainly unconfined conditions. However, beds of low permeability may cause semi-confined or locally confined conditions to prevail in its deeper parts. The lower limit of the surficial aquifer system coincides with the top of laterally extensive and vertically persistent beds of much lower permeability. Within the surficial aquifer system, one or more aquifers may be designated based on lateral or vertical variations on water bearing properties.

Surround. Surround means framing elements around a door or window.

Surveyor, land. Land surveyor means a land surveyor registered under F.S. ch. 472, as amended, who is in good standing with the state board of professional surveyors and mappers.

State Law reference— State board of professional surveyors and mappers, F.S. § 472.005.

Swimming pool (campground). Swimming pool (campground) means any swimming, wading or spray pool, including all appurtenant equipment, structures and facilities provided for the use of the campers.

Tents means an enclosed structure of shelter fabricated entirely or in major part of cloth, canvas, plastic or similar material used for recreational or vacation purposes.

Tiny home neighborhood. A minimum of four tiny homes and maximum of 12 tiny homes per acre, sharing a centralized common area, located on a minimum of one-acre and a maximum of three acres, and meeting the requirements for tiny home neighborhoods set forth in these regulations. In agricultural zoning districts, tiny home neighborhoods are limited to ten-acres.

To plat. To plat means to divide or subdivide land into lots, blocks, parcels, tracts, sites, or other divisions, however the same may be designated, and the recording of the plat in the office of the county clerk in the manner provided for in these Land Development Regulations.

Tower site. Tower site means a parcel on which a communication tower and accessory structures are located, which may be smaller than the minimum lot size required for a particular zoning district.

Travel trailer. Travel trailer means a vehicular, portable structure built on a chassis, designed to be a temporary dwelling for travel, recreational, and vacation purposes, which:

(a)

Is identified on the unit by the manufacturer as a travel trailer;

(b)

Is not more than eight feet in body width; and

(c)

Is of any weight provided its body length does not exceed 35 feet.

Trim. Trim means non-structural millwork used to adorn porches, columns, windows and doors.

Truck stop. Truck stop means an establishment where the principal use is primarily the refueling and servicing of trucks and tractor-trailer rigs. Such establishments may have restaurants or snack bars and sleeping accommodations for the drivers of such over-the-road equipment and may provide facilities for the repair and maintenance of such equipment.

Unsafe building. Unsafe building means any structure that has any of the following conditions, such that the life, health, property or safety of the general public is endangered:

(a)

Stress. Whenever the stress in any material, member or portion thereof, due to all imposed loads including dead load exceeds the working stresses allowed in the city building code for new buildings.

(b)

Damage. Whenever a building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the buildings or structures is less than it was prior to the damage and is less than the minimum requirement established by the city building code for new buildings.

(c)

Unsafe, unsanitary. Whenever for any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is designed.

(d)

Danger of collapse. Whenever any building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse.

(e)

Violation of regulations. Whenever any building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of city regulations.

(f)

Dangerous to life or health. Whenever any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.

Use. Use means the purpose for which land or water or a structure thereon is designed, arranged, or intended to be occupied or utilized or for which it is occupied or maintained. The use of land or water in the various zoning districts is governed by these Land Development Regulations.

Use of land. Use of land means use of land, water surface, and land under water to the extent covered by these Land Development Regulations.

Utilities. Utilities means, but is not necessarily limited to, water systems, electrical power, sanitary sewer systems, stormwater management systems, and telephone or television cable systems; or portions, elements, or components thereof.

Valuation or value. Valuation or value means the estimated cost to replace a building in kind.

Variance. Variance means a relaxation of the terms of these Land Development Regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of these Land Development Regulations would result in unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning classification or district or adjoining zoning classifications or districts. (For the procedure in securing variances, see article 12.)

Ventilation. Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space.

Watercourse. Watercourse means any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, bank, or other discernible boundary.

Water-dependent uses. Water-dependent uses means activities which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for: waterborne transportation including ports or marinas; recreation; electrical generating facilities; or water supply.

Water-related uses. Water-related uses means activities which are not directly dependent upon access to a waterbody, but which provide goods and services that are directly associated with water-dependent or waterway uses.

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

Well. Well means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when intended use of such excavation is to conduct groundwater from an aquifer or aquifer system to the surface by pumping or natural flow, to conduct waters or other liquids from the surface into any area beneath the surface of land or water by pumping or natural flow, or to monitor the characteristics of groundwater within an aquifer system(s). Geotechnical borings greater than 20 feet in depth shall be included in the definition of "well."

Wellfield management zone. Wellfield management zone is a wellfield protection area around community water system wellheads (see section 6.2).

Wetlands. Wetlands means land that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient of support, and that under normal circumstances do or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes, but is not limited to, swamp hammocks, hardwood swamps, riverine cypress stands, cypress ponds, bayheads and bogs, wet prairies, freshwater marshes, tidal flats, salt marshes and marine meadows.

Wood shake. Wood shake means a heavy, dimensional wood shingle.

Yard. Yard means a required open space unoccupied and unobstructed from the ground upward; provided however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

For explanation of how to measure the various types of yards, on rectangular and nonrectangular lots, as defined in the following definitions, see accompanying diagrams:

Yard, front. Front yard means a yard extending between side lot lines across the front of a lot adjoining a street. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the land development regulation administrator may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

In the case of corner lots and reverse frontage lots, a front yard of the required depth shall be provided on both frontages. Where one of the front yards that would normally be required on a corner or reverse frontage lot is not in keeping with the prevailing yard pattern, or where in the design of a new development the orientation of the lots is established by the plat or zoning plan, the land development regulation administrator may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

Yard, front: depth required. Yard, front: depth required means an area measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.

Yard, rear. A rear yard means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.

Yard, rear: depth required. Yard, rear: depth required means an area measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

Yard, side. Side yard means a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the street. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after front yards have been established shall be considered side yards.

Yard, side: depth required. Yard, side: depth required means an area measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Yard, special. Special yard means a yard behind any required yard adjacent to a street required to perform the same functions as a side or rear yard, but adjacent to a lot line and so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the land development regulation administrator shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable area thereon.

Yard, waterfront. Waterfront yard means a yard measured from and parallel to the mean high water mark of the lake, stream, or other watercourse on which the lot is located.

(Ord. No. 06-03, § 1, 5-12-2003; Ord. No. 9-04, § 2, 7-12-2004; Ord. No. 7-05, § 1, 2-28-2005; Ord. No. 18-06, § 1, 8-28-2006; Ord. No. 25-08, § 1, 11-10-2008; Ord. No. 08-10, § 1, 5-24-2010; Ord. No. 03-12, § 1, 5-14-2012; Ord. No. 08-12, § 1, 6-11-2012; Ord. No. 16-12, § 1, 11-26-2012; Ord. No. 2015-09, § 1, 8-24-2015; Ord. No. 2019-03, § 1, 3-25-2019; Ord. No. 2021-01 meeting, § 1, 3-8-2021; Ord. No. 2024-06 meeting, § 1, 3-11-2024; Ord. No. 2025-05 meeting, § 1, 6-9-2025)

2.2.1. Whenever a single lot is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.

Within the districts established by these Land Development Regulations or amendments that may later be adopted there may exist: (1) lots; (2) uses of land; (3) structures; (4) characteristics of use; and (5) use of structures and premises which were lawful before adoption or amendment of the comprehensive plan or these Land Development Regulations, but which would be prohibited, regulated, or restricted under the terms of these Land Development Regulations or future amendments.

It is the intent of these Land Development Regulations to permit these nonconformities to continue until they are voluntarily removed or removed as required by these Land Development Regulations, but not to encourage their survival. It is further the intent of these Land Development Regulations that nonconformities shall not be enlarged upon, expanded, intensified or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by these Land Development Regulations to be incompatible with permitted uses in the districts involved. A nonconforming use of structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after the date of adoption or amendment of the comprehensive plan, by attachment on a structure or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

To avoid undue hardship, nothing in these Land Development Regulations shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the date of adoption or amendment of the comprehensive plan and upon which actual building construction has been carried on diligently (see section 2.1 for definition of actual construction). Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

2.3.1. Nonconforming lots of record. In any district in which one-family dwellings are permitted, a one-family dwelling and customary accessory buildings may be erected, expanded, or altered on any single lot of record as of the date of adoption or amendment of the Comprehensive Plan notwithstanding limitations imposed by these Land Development Regulations. Such lots shall be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations of the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of adjustment.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record as of the date of adoption or amendment of the Comprehensive Plan, and if all or part of the lots do not meet the requirements established for lot width and for area, the lands involved shall be considered to be an undivided parcel for the purposes of these Land Development Regulations, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by these Land Development Regulations, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in these Land Development Regulations.

2.3.2. Nonconforming uses of land. Where, as of the date of adoption or amendment of the Comprehensive Plan, lawful use of land exists which would not be permitted by the Comprehensive Plan or these Land Development Regulations, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

1.

Enlargement, increase, intensification, alteration. No such nonconforming use shall be enlarged, increased, intensified, or extended to occupy a greater area of land than was occupied as of the date of adoption or amendment of the Comprehensive Plan.

2.

Movement. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use as of the date of adoption or amendment of the Comprehensive Plan.

3.

Discontinuance. If any such nonconforming use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than 12 consecutive months, any subsequent use of such land shall conform to the regulations specified by these Land Development Regulations for the district in which such land is located.

4.

Structure additions. No structures shall be added on such land, except for the purposes and in a manner conforming to the regulations for the district in which such land is located.

2.3.3. Nonconforming structures. Where a structure existed lawfully at the date of adoption or amendment of the Comprehensive Plan that could not be built under these Land Development Regulations by reason of restrictions on area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

Enlargement or alteration. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

2.

Destruction. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50 percent of its replacement value at time of destruction, it shall not be reconstructed except in conformity with the provisions of these Land Development Regulations.

3.

Movement. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

2.3.4. Nonconforming characteristics of use. If characteristics of use of residential density which lawfully existed at the date of adoption or amendment of the Comprehensive Plan are made nonconforming by the Comprehensive Plan as adopted or amended, no change shall thereafter be made in such characteristics of use which increases nonconformity with the Comprehensive Plan; provided, however, that changes may be made which do not increase, or which decrease, such nonconformity.

If characteristics of use, such as signs, off-street parking or off-street loading, or other matters pertaining to the use of land, structures, and premises are made nonconforming by these Land Development Regulations as adopted or amended, no change shall thereafter be made in such characteristics of use which increases nonconformity with the regulations set out in these Land Development Regulations; provided, however, that changes may be made which do not increase, or which decrease, such nonconformity.

2.3.5. Nonconforming use of structures and premises. Where a lawful use of a structure, or of a structure and premises in combination, existed at the date of adoption or amendment of the Comprehensive Plan, that would not be allowed in the district under the terms of the Comprehensive Plan or these Land Development Regulations, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

Enlargement, extension, alteration, etc. No existing structure devoted to a use not permitted by these Land Development Regulations in the district in which such use is located shall be enlarged or altered, extended, moved, constructed, or reconstructed, except in changing the use of the structure to a use permitted in the district in which it is located.

2.

Extension of use. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use as of the date of adoption or amendment of the Comprehensive Plan. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy any land outside the building, nor any additional building on the same lot or parcel, not used for such nonconforming use at the date of adoption or amendment of the Comprehensive Plan.

3.

Change in tenancy or ownership. There may be a change in tenancy, ownership, or management of a nonconforming use provided there is no change in the nature or character of such nonconforming use.

4.

Change in use. Any nonconforming use of a structure, or of a structure and premises in combination, may be changed to another nonconforming use of the same character, or to a more restricted but nonconforming use, provided that the board of adjustment shall find after due public notice and hearing that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accordance with the intent and purpose of these Land Development Regulations.

5.

Change to conforming use requires future conformity with district regulations. Any structure, or structure and premises in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted.

6.

Discontinuance. If any nonconforming use of a structure, or structure and premises in combination, ceases for any reason (except where governmental action impedes access to the premises) for a period of more than 12 consecutive months, any subsequent use shall conform to the regulations for the district in which the use is located.

7.

Structure additions. No structures shall be added on such premises, except for purposes and in a manner conforming to the regulations for the district in which such premises are located.

8.

Destruction. Should a structure containing a nonconforming use be destroyed by any means, if such structure is otherwise lawful, it may maintain its status as a nonconforming use provided it is reconstructed in conformity with provisions of these Land Development Regulations.

2.3.6. Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.

2.3.7. Uses under special exception provisions not nonconforming uses. Any use which is permitted as a special exception in a district under the terms of these Land Development Regulations shall not be deemed a nonconforming use in such district, but shall without further action be deemed a conforming use in such district. However, any enlargement or expansion of any such uses shall be subject to the procedures for securing special exceptions (see articles 12 and 13).

In recognition of the fact that certain land development rights of property owners may be vested with respect to the Comprehensive Plan and these Land Development Regulations adopted to implement the Comprehensive Plan, this section sets forth a procedure for the determination of vested rights. Any person claiming vested rights to develop property shall make application for a vested rights certificate pursuant to this section. Notwithstanding the foregoing, development specifically approved in a development of regional impact development order is vested in accordance with F.S. § 163.3167(8), and is exempt from the provisions of this section.

2.4.1. Determination of vested rights.

2.4.1.1. Certificate generally. An application for a vested rights certificate shall be approved and a vested rights certificate issued if an applicant has demonstrated rights that are vested under the standards of this section. Possession of a vested rights certificate shall enable a permittee to complete the development approved under such certificate up to and through issuance of appropriate certificates of occupancy, subject to the limitation set forth in this section and subject to compliance with such laws and regulations against which the development is not vested.

2.4.1.2. Filing of application. An application for a vested rights certificate shall be filed within one year of the adoption of these Land Development Regulations for the subject property. Except as provided in the section, below, failure to file an application within the required period will constitute an abandonment of any claim to vested rights. Judicial relief will not be available unless administrative remedies set forth in the section are exhausted.

2.4.1.3. Owner absent from state. If a property owner is absent from the State of Florida during the entire filing period, and does not have any agent present in the state during such period, such property owner may, with documentation sufficient to indicate a probable lack of notice, be granted leave by the city commission to file an application within one year after the individual's return to the State of Florida.

2.4.1.4. Hardship extension for application. Notwithstanding the provisions of this section the city commission may, in extraordinary circumstances, allow a property owner to submit an application after the one-year deadline where such extension is necessary to avoid undue hardship to the property owner.

2.4.2. Standards for vested rights.

2.4.2.1. An application for vested rights determination shall be approved if the applicant has demonstrated all of the following:

1.

Applicant's general requirements. The applicant:

a.

Ownership. Owned the property proposed for development on the date of adoption or amendment of the Comprehensive Plan;

b.

Contract to purchase. Entered into a contract or option to purchase the property on or before such date(s); or

c.

Fairness. Presents facts such that it would be inequitable, unjust or fundamentally unfair to deny an application for vested rights where the applicant acquired ownership after such date; and

2.

Reliance on government act. There was a valid, unexpired act of an agency or authority of government upon which the applicant reasonably relied in good faith;

3.

Change in position. The applicant, in reliance upon the valid unexpired act of government, has made a change in position or has incurred extensive obligations or expenses; and

4.

Determination of fairness. It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant. In making this determination, the city may consider a number of factors, including but not limited to:

a.

Development commenced. Whether construction or other development activity has commenced and is continuing in good faith.

b.

Expense used for a permitted development. Whether the expense or obligation incurred cannot be substantially utilized for a development permitted by the Comprehensive Plan and these Land Development Regulations.

2.4.2.2. The following are not considered development expenditures or obligations in and of themselves, without more evidence of actions in reliance, unless the applicant was unable to obtain further approvals because of extraordinary delays, beyond the applicant's control:

1.

Professional services. Expenditures for legal and other professional services that are not related to the design or construction of improvements;

2.

Taxes. Taxes paid; and

3.

Land acquisition. Expenditures for initial acquisition of the land.

2.4.3. Presumptive vesting. Notwithstanding the criteria set forth in this section, presumptive vesting for consistency and concurrency is applied to any structure on which construction has been completed pursuant to a valid building permit. Such presumptive vesting for the purposes of consistency and concurrency means there is no requirement to file an application to preserve their vested rights status.

1.

Presumptive vesting for density only. The following categories shall be presumptively vested for the purpose of density and shall not be required to file an application to preserve their vested rights in this regard:

a.

Lots of record. All lots of record as of the adoption of the Comprehensive Plan, whether located within a subdivision or without, but only to the extent of one single-family residence per lot; however, such lots shall not be contiguous as of the adoption of the Comprehensive Plan to any other lot(s) owned by or under contract for deed to the person(s) applying for the single-family residence building permit; and

b.

Contiguous lots treated as one lot. All contiguous lots of record as of the adoption of the Comprehensive Plan, whether located within a subdivision or without, where such lots are treated as one lot for one single-family residence.

2.4.4. Section 380.06 vested rights. Developments of regional impact which are authorized under F.S. § 380.06, pursuant to a valid, unexpired binding letter of vested rights issued by the state land planning agency, including approved modifications to such binding letter of vested rights (the "binding letter"), shall automatically qualify for a vested rights certificate to be issued upon completion of the procedure set forth below in this paragraph. Such permit shall recognize the vesting of the development as set forth in the binding letter for purposes of the Comprehensive Plan, from these Land Development Regulations adopted to implement the Comprehensive Plan and from concurrency. In lieu of subsection 2.4.7, below, such vesting shall continue until development approved in the binding letter is complete or until the expiration or invalidation of the binding letter, whichever occurs first. Notwithstanding subsection 2.4.7, a proposed change to a development vested hereunder shall be reviewed pursuant to the substantial deviation or change criteria provided for in F.S. § 380.06. Any substantial deviation after November 14, 1991 (the adoption date of Comprehensive Plan) shall cause those development rights that are the subject of such deviation to become subject to the Comprehensive Plan, these Land Development Regulations and concurrency. The request for issuance of the vested rights certificate shall consist of the binding letter, along with the master plan of development or similar document previously approved by the city commission. Such document shall be provided to the land development regulation administrator for verification of authenticity. The land development regulation administrator may require additional documents or materials necessary for the city to determine the extent of development vested and to estimate the capital improvements required by the development.

Submission of the binding letter along with the appropriate master plan or similar document and any additional materials required by the land development regulation administrator shall entitle the applicant to a vested rights certificate, which shall be issued by the city commission upon receipt of verification by the land development regulation administrator of the authenticity and sufficiency of such submitted documents. Development of regional impact scale developments which are vested under F.S. § 380.06 and for which a binding letter has not been issued shall qualify for a vested rights certificate upon establishment, in accordance with the procedures set forth in these Land Development Regulations, that, prior to July 1, 1973, the city issued a building permit or other authorization to commence development and that in reliance on such permit or other authorization that there has been a change of position as required under the provisions of F.S. § 380.06(20), Vested Rights; provided, however, in lieu of the limitation set forth in subsection 2.4.5.1 and 2.4.5.2 [sic], such vesting shall continue until such development is complete or until the state land planning agency determines that such development is not entitled to be vested under F.S. § 380.06, whichever occurs first.

2.4.5. Statutory vesting. The right to develop or to continue the development of property shall be found to exist if a valid and unexpired final development order was issued by the city prior to adoption of this Comprehensive Plan, substantial development has occurred on a significant portion of the development authorized in the final development order and is completed or development is continuing in good faith as of the adoption of this Comprehensive Plan. A "final development order" shall be any development order which approved the development of land for a particular use of uses at a specified density of use and which allowed development activity to commence on the land for which the development order was issued. "Substantial development" shall mean that all required permits necessary to commence and continue the development have been obtained; permitted clearing and grading has commenced on a significant portion of the development; and the actual construction of roads and the stormwater management system, on that portion of the development is complete or is progressing in a manner that significantly moves the entire development toward completion.

2.4.6. Common law vesting. A right to develop or to continue the development of property notwithstanding this Comprehensive Plan may be found to exist whenever the applicant proves by a preponderance of evidence that the owner or developer, acting in good faith and reasonable reliance upon some act or omission of the city, has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right to develop or to continue the development of the property.

2.4.7. Limitation on determination of vested rights.

2.4.7.1. Consistency with development approvals. All development subject to a vested rights certificate must be consistent with the terms of the development approval(s) upon which the certificate was based. Any substantial deviation for a prior approval, except a deviation required by governmental action, shall cause the development involved to be subject to the policies and implementing decisions and regulations set forth in the Comprehensive Plan. The city commission shall determine whether a proposed change is a substantial deviation in light of the following criteria:

1.

Any change in use or intensity of use that would increase the development's impacts on those public facilities subject to concurrency by more than five percent.

2.

Any change in access to the project that would increase the development's transportation impacts by more than five percent on any road subject to concurrency unless the access change would result in an overall improvement to the transportation network.

2.4.7.2. Certificate applicable to land. A vested rights certificate shall apply to the land and is therefore transferable from owner to owner of the land subject to the permit.

2.4.7.3. Revocation. Notwithstanding anything in this section to the contrary, a vested rights determination may be revoked upon a showing by the city of a peril to public health, safety or general welfare of the residents of the city unknown at the time of approval.

2.4.8. Vested rights applications. Applications for a determination of vested rights shall be submitted to the land development regulation administrator on forms provided by the city. The city shall establish a schedule of hearing dates and an application deadline for each respective hearing. The city shall review the application for sufficiency; an insufficient application shall be returned to the applicant for additional information. Upon acceptance by the city, the application shall be assigned a hearing date.

2.4.9. Application forms. The application for determination of vested rights shall contain information sufficient to permit a determination by the city pursuant to the criteria set forth in this section.