Oviedo City Zoning Code

Abandoned Application
An application shall be deemed abandoned when no activity occurs for twelve (12) consecutive months. The Land Use Administrator, or designee, shall issue a notice of abandoned application to the applicant. Any submittal after the issuance of a notice of abandoned application shall constitute a new application.

Abated Application
An application shall be deemed abated when no activity occurs for six (6) consecutive months. The Land Use Administrator, or designee, shall issue a notice of abated application to the applicant. Any submittal after the issuance of a notice of abated application shall require the payment of an abated application fee and shall comply with any amendments to this LDC, the Engineering Standards Manual, or Florida Fire Prevention Code adopted after the last review of the application.

Access Point
A vehicle or pedestrian connection intersecting a public or private right-of-way.

Accessory Structure
Buildings or structures that are secondary and subordinate to the principal building or use on the same lot including, but not limited to, swimming pools, cabanas, screen enclosures, refuse areas, mechanical equipment, boat docks, detached structures, walls and fences, etc.

Accessory Use
The use of a structure of a nature customarily incidental and subordinate to the principal use. No accessory structure will be allowed unless the principal use is in place or permitted.

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

Adjacent Areas
The transition zone between wetlands and upland communities where the following development activities may be regulated:

(a)

Bulkheading (impounding, interrupting or diverting surface water).

(b)

Drainage ditches.

(c)

Dredging.

(d)

Filling.

(e)

Hazardous material (storage, use or disposal of any hazardous material).

(f)

Solid waste disposal.

(g)

Stormwater retention/detention basins.

The adjacent area is that area with a direct groundwater or surface water influence on the wetland where development activities listed above may have an adverse impact on wetlands. In the absence of sufficient information to determine the adjacent area, the area will be defined as all property within three hundred (300) feet of the wetland boundary.

Adult Entertainment
Any establishment defined within Ordinance No. 893 of the City of Oviedo as it may be amended from time to time.

Adult Family-Care Home
A full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a 24-hour basis, for no more than five (5) disabled adults or frail elders who are not relatives (F.S. § 429.65).

Adverse Impact to a Wetland
The diminishing of wetland functions caused by a development activity as defined by the regulatory authority.

Affected Property Owner
Any person who resides, owns property, or owns a business within two hundred (200) feet of a property under consideration for development approval by the City.

Alcoholic Beverages
All beverages containing alcohol of more than one (1) percent by weight.

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

Alternative Energy
Alternative energy refers to energy that uses non-fossil fuel sources, such as, but not limited to, solar energy, wind energy, and geothermal energy.

Antiquated Subdivision
A subdivision that was recorded before the date of the original enactment of the City's Subdivision Regulations by Ordinance No. 210 on March 1, 1971.

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

Approval Authority
Individual or committee authorized to approve submittals based on standards provided in the LDC and Comprehensive Plan.

Architectural Articulation
Articulation includes architectural elements used to define the shape and volume of a building, bringing interest to the composition of the façade(s).

Architectural Elements
Architectural elements are the details and component parts that, together, form the unique characteristics of buildings and structures. Elements like line, shape, volume, color and texture are combined to make formal compositions in an architectural design, creating pattern, rhythm, symmetry, balance, contrast, proportion, theme, and unity.

Artwork
This includes but is not limited to murals, drawings, paintings, frescos, sculptures, mosaics, photographs, work of calligraphies, works of graphic art, works in clay, textile, fiber, wood, metal, plastic, glass, and like materials, or mixed media (including a collage, assemblage, or any combination of the foregoing art media).

Artisan Food Production
Establishments that can manufacture artisan food on a small scale such as, but not limited to, breads, cheeses, charcuterie, pasta, and sweets, not to exceed seventy-five (75) percent of the business square footage. These establishments shall include a tasting room and retail space to sell the local production for consumption on the premises and off-premises, along with retail items and food.

Assisted Living Facility
Any building or buildings, section or distinct part of a building, boarding home, home for the aged, or other facility, whether operated for profit or not, which are licensed pursuant to F.S. Ch. 400, Part III, Home Health Agencies.

Automatic Irrigation Controller
A timer, capable of operating solenoid valves, to set days and lengths of time for proper application of water, in each irrigation zone.

Bar or Cocktail Lounge
Any business or establishment devoted primarily to the retailing and on-premises consumption of malt, vinous, distilled, or other alcoholic beverages. Micro-breweries, micro-distilleries and micro-wineries are not considered bars or cocktail lounges.

Base Flood Elevation (BFE)
The elevation of surface water resulting from a flood which has a one (1) percent chance of equaling or exceeded that level in any given year. The BFE is shown on the Flood Insurance Rate Map (FIRM).

Bed and Breakfast Facility
An owner-occupied house, or portion thereof, where short-term lodging and meals are provided for compensation. Meals can only be served to the guests. Restaurants are permitted separately if the zoning district allows it.

Best Management Practices (BMPs)
A practice or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies, preventing pollution, and protecting natural resources.

Bicycle Keyhole Lane
A bicycle lane located between a through lane and a parking lane, bus bay, turn lane, or merge lane.

Bicycle Lane
A bicycle facility which is physically separated from motorized vehicular traffic by a physical barrier and which is either within the highway right-of-way or within an independent right-of-way. Conflicts with motorized traffic are minimized.

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

Bicycle Shared Lane (Sharrows)
A travel lane shared by both cars and bicycles with or without markings.

Bicycle Shared Use Path
Shared use paths are paved facilities separated by vehicular traffic by an open space or barrier and are either within the highway right-of-way or an independent right-of-way.

Blank Wall
A wall of a building without architectural elements.

Block Perimeter
The total length of a line enclosing the block along rights-of-way and lot frontages.

Boarding House
(See Rooming House).

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

Boat House
A shed or other covered or uncovered structure located at the edge of a river, lake, pond or other water body used for housing boats and other water vessels or watercrafts. The boathouse may be a component of a boat dock.

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

Boat Terminal (Terminal Platform)
A covered or uncovered deck, building, or structure designed to serve or accommodate passengers and provide an area where passengers can board and alight the boat or vessel.

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

Buildable Area
The portion of a lot remaining after required setback, open space, and buffer requirements have been satisfied.

Building Frontage
The length of a building along a right-of-way.

Building Frontage, Active
Building frontage where there is an active engagement between those in the street and those on the ground floors of buildings. This quality is assisted where the front façade of buildings, including the main entrance, faces and open towards the street.

Building Height
The vertical distance between the average finished ground grade and the top of the ceiling plate on the top floor of the building.

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

Camouflage (or Stealth) Communication Tower or Antennae
A communication tower or antennae designed to merge and blend into and conform to appearance with existing surroundings. An example of a camouflage communication tower would be a tower that is constructed in the form and shape of a tree in order to appear to be part of a forested area or a tower constructed to appear to be or to actually be a component of a bell tower or to be constructed to be or appear to be a component of a church steeple in order for the tower to be or appear to be part of these more aesthetically pleasing structures. An example of a camouflage antenna would be an antenna with a color or appearance similar to a wall of a building or structure on which it is to be affixed, or an antenna located inside or on top of an existing structure such as an existing church steeple or an existing light pole.

Canoe Launch
Any structure, clearing, or artificially stabilized area that extends to or waterward of the normal high-water elevation for the purpose of launching and/or retrieving canoes, rafts, or other non-motorized watercraft.

Car Share
A fee-based or membership-based service that provides all qualified drivers access to dedicated vehicles. Vehicles are available twenty-four (24) hours, seven (7) days a week at unattended self-service locations. No separate written agreement is required each time a customer uses a vehicle. Vehicle usage is provided at minute, hourly and/or "per mile" rates that include insurance and maintenance.

Change in Use
A change in use from one (1) principal use category to another that increases the density/intensity to such an extent that the impacts of development are increased.

Chemical Supplier
(Definition for wellfield protection purposes only) means the agents, distributors, and dealers who store or warehouse:

(a)

Hazardous/toxic waste products;

(b)

Acutely hazardous waste with a hazard code of "H" as defined in Title 40, CFR, Chapter I, Subchapter I, Part 261, Section 261.3; or

(c)

Those substances on the List of Highly Hazardous Chemicals, Toxics and Reactives as set forth at 29, CFR, 1910.119, Appendix A.

Child Care in the Home
A use in a structure in which the owner or tenant of the structure resides and provides supervision and temporary care for six (6) children or less, including those who are related by blood, marriage or are the legal wards or foster children of the owner/resident.

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

Cistern
Cistern refers to a container (underground or not) that is used for collecting and storing rainwater.

City of Oviedo Downtown Master Plan
A currently effective plan of the City of Oviedo approved by the City Council on October 21, 2002, and subsequently amended on July 21, 2003 and July 15, 2020, as may be further amended from time to time.

Civic and Cultural Uses
Includes public uses, parks, libraries, museums and community centers, and such other similar uses as interpreted by the Land Use Administrator, or designee. Civic and cultural uses do not include places of worship and schools.

Coffee Shop
A type of retail that sells coffee drinks, sandwiches, small plates, and prepared food. No cooking is performed on-site.

Commercial Subdivisions
Comprised primarily of commercial lots within areas zoned commercial or office. Streets within commercial subdivisions are typically classified as commercial.

Common Area
Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the owners, occupants, and their guests of the development.

Communication Antennae
One (1) that is designed to transmit or receive communications as authorized by the Federal Communications Commission.

Communication Tower
A building or ground mounted tower which is greater than thirty-five (35) feet in height, as measured from the finished grade of the parcel, does not exceed three hundred (300) feet in height (including antenna), and is principally intended to support communication (transmission or receiving) equipment for radio, TV, microwave, cellular and similar communication purposes. The term communications tower shall not include amateur radio operators' equipment licensed by the Federal Communications Commission (FCC). Communication towers are generally described as either monopole (free standing), guyed (anchored with guy wires) or self-supporting (square, triangular or pyramidal in plain view and constructed of steel lattice, tubular steel, reinforced concrete or wood).

Community Residential Home
A dwelling unit licensed to serve residents who are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Families or licensed by the Agency for Health Care Administration which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents (F.S. § 419.001). Community residential homes of six (6) or fewer residents shall be deemed a single-family unit and a noncommercial, residential use.

Commemorative Plaques
A commemorative plaque is a plate of metal, ceramic, stone, wood, or other material that is typically attached to a wall, stone, post, or other vertical surface and that bears text and/or an image to commemorate or identify one (1) or more persons, an event, a former use of the place, or some other thing as a place worthy of visit. Commemorative plaques may include commemorative signs/plates, historic signs, historic markers, trail markers or signs that provide information on the history of the trail or native flora and fauna in the area or along the trail, and public art identification plaques.

Comprehensive Plan
A currently effective plan of the City of Oviedo adopted and regularly amended in accordance with F.S. Ch. 163.

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

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

Convenience Store with Fuel Stations
A retail store with fuel sales that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase relatively few items. It is designed to attract a high volume of stop-and-go traffic.

Crematorium
Land use related to property, structures and other appurtenances and improvements on land used solely for the incineration of dead human or dead animal carcasses for funeral or burial purposes.

Cross-Access
A driveway or pathway connecting adjacent properties typically accompanied by a cross-access easement.

Cross-Block Pedestrian Passage
Passages that are required to provide pedestrian access through long blocks.

Cul-de-sac
A local street having one (1) end open to vehicular traffic and the other end permanently closed with a vehicular turn-around.

Day Care Center
Any child care arrangement that provides day care on a regular basis for five (5) or more children under the age of six (6) years. Certification by the Florida Department of Health and Rehabilitative Services is required.

DBH: Diameter at breast height.
The average diameter of the trunk of a tree measured at four and one-half (4½) feet above natural grade.

Density
The number of dwelling units per net buildable acre. Net buildable acres are defined as the number of upland acres within the boundary of a development excluding acreage devoted to waters of the State, wetlands, and lakes. Thus, the maximum number of dwelling units that a development can accommodate shall be calculated by multiplying the net buildable acreage by the residential density rounded down.

Department
The City of Oviedo Development Services Department or other department or agency as designated by the City Manager.

Developer
Any person or legal entity who is responsible for any undertaking that requires a development order.

Development
The carrying out of any building activity or operation, the making of any material change in the use or appearance of any structure or land, or the subdividing of land.

(a)

The following activities, operations or uses shall be taken for the purposes of this definition to involve development; provided, however, that a reference to any specific activity, operation or use is not intended to mean that the activity, operation or use, when part of other activities, operations or uses is not intended to limit the generality of the first sentence of this definition:

(i)

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

(ii)

A change in the intensity of use of land such as, by way of example and not limitation, an increase in the number of dwelling units in a structure or on land or material increase in the number businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

(iii)

Alteration of a shore or bank of a body of water.

(iv)

Commencement of excavation in nature of a borrow pit or similar activity on a parcel of land.

(v)

Demolition of a structure.

(vi)

Clearing of land as an adjunct of construction.

(vii)

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

(viii)

All other activities, operations, or uses customarily associated with the above activities, operations, or uses unless otherwise specified in this LDC.

(b)

The following activities, operations or uses shall not be taken for the purpose of this definition to involve development:

(i)

Work by a highway or street agency or railroad company for the maintenance or improvement of a street or railroad track, if the work is carried out on land within the boundaries of the right-of-way.

(ii)

Work by any utility and other persons engaged in the distribution or transmission of gas, electricity, wastewater, reclaimed water or potable water, for the purpose of inspecting, repairing, renewing, constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like.

(iii)

The lawful use of any land for the purpose of growing plants, crops, trees, and other agricultural or forest products; raising livestock; or for other agricultural purposes.

(iv)

The improvement of land or the construction of a structure for a City public facility or project; provided, however, that this provision shall not be interpreted as the City asserting exemption from any Federal, State, or regional, or County permitting requirement as may be applicable to a particular project.

Development Agreement:

(a)

Statutory Development Agreement. An enforceable agreement between the City and a developer including agreements adopted pursuant to F.S. Ch. 163.3220, and an agreement or development order issued pursuant to F.S. Ch. 380.

(b)

Non-Statutory Development Agreement. A development agreement between the City and developer entered into under the authority home rule powers of the City under Article VIII, Section 2 of the Constitution of the State of Florida, F.S. Ch. 166.

Development, Low Impact
Low impact development (LID) refers to systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat. At both the site and regional scale, LID practice aims to preserve, restore and create green space using soils, vegetation, and rainwater harvesting techniques. LID is an approach to land development (or re-development) that works with nature to manage stormwater as close to its source as possible.

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

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

Development Site
The property under consideration for a development application of which may contain one (1) or more lots and/or buildings.

Discontinued Sign
A sign that is no longer being used or operated or is associated with a business or product that has ceased operations.

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

Dripline
The ground area surrounding the trunk of a tree that is described by the vertical plane enclosing the outermost branches of the tree. For asymmetrical specimens, or those with unusually small crown spread, the dripline area shall in no case be less than that area described by a radial dimension of one (1) foot for each one (1) inch of trunk radius.

Drive-In Restaurant or Refreshment Stand
Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises. Drive-in restaurants and refreshment stands shall not mean or include pick-up windows as defined by this LDC, and said definitions shall be mutually exclusive.

Driveway
That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

Drought Tolerant Landscaping
Plants, that once established, survive on natural rainfall with occasional irrigation during dry periods as defined by the Florida-Friendly Landscaping ^TM Plant Guide.

Dry Cleaner
Any industrial or commercial activity using volatile organic compounds (VOCs) in an installation to clean garments.

Dry Cleaner Drop Station
A retail establishment that acts as a collection point for the drop-off and pick-up of garments or other fabrics that are sent to a dry-cleaning facility for processing.

Dwelling:

(a)

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

(b)

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

(c)

Attached Single-Family, also known as Townhomes. Three (3) or more dwelling units which share a common wall or walls and have ground-floor entrances to every unit. One (1) townhome per lot shall be considered single-family residence and multiple townhomes on a lot shall be considered multifamily.

(d)

Detached Dwellings. Single-family dwelling units which are not attached to other buildings.

(e)

Accessory Dwelling Unit. A separate residential dwelling unit, but not a mobile home, located on the same lot as a primary single-family dwelling unit, with a separate entrance, kitchen, sleeping area and full bathroom facilities, which is attached or detached. An accessory dwelling unit (ADU) has specific standards in this LDC and does not count for density purposes. The same as an ancillary dwelling unit.

(f)

Multiplex. Multiplex is a mixture of typologies (attached or detached) of three (3) to eight (8) dwelling units per lot.

(g)

Multifamily Dwellings. Residential construction consisting of one (1) or more buildings, on a single lot, in which nine (9) or more units are located in a single building and in which multiple units share an entrance or entrances are located above the first floor including, but not limited to, garden apartments, residential towers and multiple upper-story residences which are located in mixed-use buildings.

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

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

Econlockhatchee River Basin Affected Area
The area over which this section shall be applicable shall be that portion of the Econlockhatchee River Basin within the boundaries of Oviedo, Florida. For the purposes of this section, the "Econlockhatchee River Basin" shall mean and be referred to as those lands within Oviedo which are described in Exhibit "A." The determination as to whether a development project is within the Econlockhatchee River Basin shall be made pursuant to the Land Development Code. All property that is within the Econlockhatchee River Basin, but is not within the "Econlockhatchee River Corridor Protection Zone," but shall not be subject to the provisions of this overlay zoning classification relating to properties located within the Econlockhatchee River Corridor Protection Zone which provisions shall only apply to properties located within said zone. The Land Development Code shall not be construed to prohibit the transfer of density credits to properties located outside the Econlockhatchee River Basin when such properties are physically contiguous to property located in the basin, are in common ownership with property located within the basin and together formed a single parcel of record as of the effective date of this section.

Econlockhatchee River Basin Rare Upland Habitats
Those vegetative communities identified by the City as scrub, Longleaf pine, Sand pine scrub, Xeric oak and Live oak hammock. Those vegetative communities are defined in the Florida Land Use Cover and Forms Classification System which is published by the Florida Department of Transportation and is attached hereto as Exhibit "B" which is incorporated herein by this reference thereto as if fully set forth herein verbatim.

Econlockhatchee River Corridor Protection Zone
The "Econlockhatchee River Corridor Protection Zone" is hereby established which includes the following areas:

(a)

The main channels of the Big Econlockhatchee River and its tributaries as graphically depicted on or listed in Exhibit "A";

(b)

All property located within the first one thousand one hundred (1,100) feet landward as measured from the stream's edge of the main channels of the Big Econlockhatchee River and Little Econlockhatchee River;

(c)

All property located within the first five hundred fifty (550) feet landward as measured from the stream's edge of the tributaries of the Big Econlockhatchee River;

(d)

Notwithstanding the above physical descriptions of the Econlockhatchee River Corridor Protection Zone, the zone shall extend to and contain at least fifty (50) feet of uplands property which is landward of the landward edge of the wetlands abutting the main channels of the Big Econlockhatchee River and its tributaries;

(e)

Provided, however, that only property located within the Econlockhatchee River Basin shall be deemed to be located within the Econlockhatchee River Corridor Protection Zone.

Econlockhatchee River Stream's Edge
The waterward extent of the forested wetlands abutting the Big Econlockhatchee River or its tributaries. In the absence of forested wetlands abutting the Big Econlockhatchee River or its tributaries, the stream's edge means the mean annual surface water elevation of the stream; provided, however, that if hydrologic records upon which the City can rely upon are not available, the landward extent of the herbaceous emergent wetland vegetation growing in the Big Econlockhatchee River or its tributaries shall be considered to be the stream's edge.

Elevation
The measurement of height above sea level.

Emitter
A device that applies irrigation water. This term is primarily used to refer to the low flow rate devices used in micro-irrigation systems.

Entertainment Uses
Include theaters, playhouses, concert halls, social clubs, banquet facilities, amphitheaters and attendant uses, nightclubs, bars, dance halls, video arcades, and like uses in which the principal function of the use is to provide entertainment to its patrons. Entertainment uses do not include recreational uses.

Event
Any organized or planned gathering, assembly, or activity occurring on public or private property that is intended for a specific purpose or audience and is expected to attract a substantial number of participants or attendees. This includes, but is not limited to, festivals, parades, concerts, markets, exhibitions, sporting events, and similar activities that may impact traffic, public safety, or the use of public spaces.

Façade
The plane of a building that includes elements of the building below the roofline.

Façade, Primary
The plane of a building that faces a right-of-way or has the primary entrance.

Façade, Rear
The plane of a building that is not a primary or secondary façade.

Façade, Secondary
The plane of a building that is not a primary façade and either is visible from a right-of-way or has a secondary or tertiary entrance.

Family
One (1) or more persons related by blood, marriage, or adoption, exclusive of family servants, occupying a single dwelling unit, and living as a single household unit as distinguished from a group occupying a boarding house, lodging house, hotel or motel, or fraternity or sorority. A number of persons, not exceeding three (3), occupying a dwelling and living as a single household unit, though not related by blood, marriage or adoption, shall be deemed to constitute a family.

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

Financial Feasibility
In accordance with F.S. § 163.3164(32), means that sufficient revenues are currently available or will be available from committed funding sources for the first three (3) years, or will be available from committed or planned funding sources for years four (4) and five (5), of a five-year capital improvement schedule for financing capital improvements, such as ad valorem taxes, bonds, State and Federal funds, tax revenues, impact fees, and developer contributions, which are adequate to fund the projected costs of the capital improvements identified in the Comprehensive Plan necessary to ensure that adopted level-of-service standards are achieved and maintained within the period covered by the five-year schedule of capital improvements. The requirement that level-of-service standards be achieved and maintained shall not apply if the proportionate-share process set forth in F.S. §§ 163.3180(12) and (16) is used.

Flag
The following definition shall apply in all zoning districts:

"A horizontally displayed piece of cloth, fabric or other flexible and unframed material, usually rectangular, of distinctive color and design, normally used as a symbol, standard, signal, or emblem. Flags of a nation, state or City; an organization of nations, states or cities; fraternal, religious or civic organizations; corporate entities; or persons or entities to make a statement of expression that are displayed in a number that is authorized by this LDC are not considered as a sign or attention-getting device as defined in this Code. Flags shall be flown and displayed on a flagpole."

Flagpole
A freestanding structure or a structure attached to a building/structure or to the roof of a building/structure if approved by the City during a development order or building permit approval process and used for the purpose of displaying flags. Flagpoles shall be maintained to ensure structural integrity and are prohibited and unlawful if in a nuisance or dilapidated condition.

Flashing
Production of brief flashes of light, in less than four-second intervals, and includes the term stroboscopic.

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

Floodway
The channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

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

Floor Area Ratio (FAR)
The ratio that when applied to the developable lot acreage provides the maximum allowable square footage for a building structure. Parking garages are not included in the calculation of the floor area ratio.

Florida-Friendly Landscaping^TMProgram (FFL)
Quality landscapes that conserve water and protect the environment and are adaptable to local conditions and which are drought tolerant. The principles of FFL ^TM include planning and design, appropriate choice of plants, soil analysis which may include the use of solid waste compost, efficient irrigation, practical use of turf, appropriate use of mulches, and proper maintenance (as provided for in F.S. § 166.048(1)(b) and F.S. § 373.185(1)(b)).

Fraternity or Sorority House
A dwelling or combination of dwellings on a single lot occupied and maintained exclusively for college, university or professional school students who are affiliated with a social, honorary or professional organization recognized by the college, university or professional school.

Front Building Line
A line which runs parallel to the front lot line and touches the exterior wall of the building at the point where it is closest to the front lot line.

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

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

Furnishing Zone
The area of a public right-of-way, typically located between the curb and the pedestrian walkway, that is designated for the placement of street furniture, landscaping, street trees, lighting, signage, and other amenities. The furnishing zone generally provides a buffer between pedestrian traffic and vehicular traffic and contributes to the overall functionality and aesthetics of the streetscape.

Garage, Mechanical
A building or portion thereof, other than a private garage or service station, designed or used for repairing.

Garage, Private
An accessory building or an accessory portion of the principal building designed or used for inside parking of motor vehicles owned by the occupants of the building to which it is accessory.

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

(a)

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

(b)

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

Greenway
A green space consisting of a corridor in largely natural conditions, which may include trails for bicycles and pedestrians.

Gross Leasable Area (GLA)
The area of a retail use that is assigned to stores, excluding exits, corridors, and open space.

Ground Mounted Equipment
Any equipment that is affixed to the ground and extends above the natural grade.

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

Hazardous, Non-Bulk Consumer Commodities
Consumer commodities that are packaged and distributed in a form intended for, or suitable for sale through retail sales. To determine if a particular hazardous material qualifies as a consumer commodity, refer to the section number in 49, CFR, Section 172.101, Hazardous Materials Table for that material.

Healthy Community Design
Healthy community design links the traditional concepts of planning (such as land use, transportation, community facilities, parks, and open space) with health themes (such as physical activity, public safety, healthy food access, mental health, air and water quality, and social equity issues).

Home-Based Business (Office of Convenience)
An office use where the owner conducts business consistent with State laws.

Household Hazardous Waste
Hazardous waste generated by individuals on the premises of a residence for individuals (a household) and composed primarily of materials found in the wastes generated by consumers in their homes.

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

Household Unit, Single
The occupants shall share the entire dwelling unit. A unit in which the various occupants act as separate roomers beyond the definition of "family" will not be deemed to be occupied by a "single household unit."

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

Independent Care Living Facility
Retirement communities, congregate living or senior apartments, that are designed specifically for independent senior adults who are able to live on their own, but desire the security and conveniences of community living. Some communities offer an enriched lifestyle with organized social and recreational programs as a part of everyday activities (congregate living or retirement communities), while others provide housing with only a minimal amount of amenities or services (senior apartments). Communities can be either "age inclusive" or "age exclusive." Age inclusive communities attract retirees, but do not have age-requirements whereas age exclusive communities do have senior age-requirements (usually age fifty-five (55) and older). For the purposes of this LDC, independent care living facility is considered a multifamily use.

Industrial, Light
Manufacturing, repairing (not including automobiles or heavy machinery), compounding, assembly, processing, preparation, packaging or treatment of articles, foods, components, products, clothing, machines and appliances and the like, where character of operations, emissions and byproducts do not create adverse effects beyond the boundaries of the property. Typically used in conjunction with live-work units.

Industrial Park
A tract of land that has been planned, developed, and operated as an integrated facility for a number of separate industrial uses with supporting ancillary uses, and open space all designed, planned, constructed, and maintained on a coordinated basis.

Industrial Subdivisions
Comprised primarily of industrial lots within areas zoned industrial. Streets within industrial subdivisions are typically classified as commercial.

Intensity
It is measured by the floor area ratio applied to the developable acreage that provides the maximum total square footage a developer is allowed to build. Intensity is used for non-residential uses.

Irrigation System
Application of water by artificial means other than natural precipitation. A permanent watering system designed to transport and distribute water to plants as a supplement to natural rainfall.

Irrigation Zone
A control valve circuit containing emitters, sprays and/or rotors with consistent application rates.

Joint Use Connection
A single connection point that serves as a connection to more than one (1) property or development, including those in different ownerships or in which access rights are provided in the legal descriptions.

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

Land Use Administrator (LUA)
The City Manager or designee.

Landscaped Area
An area consisting of any combination of grass, ground covers, shrubs, vines, hedges, trees, or other horticultural elements, berms and complementary structural landscape architectural features, such as, rock, fountains, sculpture, decorative walls and tree wells.

Landscape Plant Zone
An area with a grouping of plants with similar water and agricultural (sunlight, soil, etc.) needs. Plant groupings based on water use are low, medium and high.

Light Industrial
Manufacturing, repairing (not including automobiles or heavy machinery), compounding, assembly, processing, preparation, packaging or treatment of articles, foods, components, products, clothing, machines and appliances and the like, where character of operations, emissions and byproducts do not create adverse effects beyond the boundaries of the property.

Line of Sight
The hypotenuse of the sight triangle.

Live Work Units
Units that include a complete dwelling unit with kitchen and bathroom, as well as space suitable for running a business, provided that the business is a permitted or lawfully approved use in the zoning district. To qualify as a live/work unit, the live/work unit shall be occupied entirely by a single occupant.

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

Loading Space, Off-Street
An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials, and merchandise.

Lot
A parcel of land of at least sufficient size to meet minimum respective zoning requirements. Such lot shall have frontage on right-of-way and may consist of:

(a)

A single lot of record;

(b)

A portion of a lot of record;

(c)

A combination of complete lot(s) of record, of complete lot(s) of record together with portion(s) of lot(s) of record, or of portion(s) of lot(s) of record;

(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 this Code.

Lot Boundary Line
The perimeter of a parcel of land.

Lot Frontage
The front of a lot shall be construed to be the portion nearest to the right-of-way. For the purposes of determining setback requirements on corner lots and through lots, all sides of a lot adjacent to a right-of-way shall be considered frontage.

Lot Measurements:

(a)

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

(b)

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

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

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

(a)

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

(b)

Flag Lot. A flag lot is a piece of land that's shaped like a flag, with a long, narrow strip that extends from the street to a rectangular main section. The main section of the lot is surrounded by neighbors on all sides, and has no street frontage other than the driveway.

(c)

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

(d)

Through Lot. A lot which has frontage on two (2) streets, each at opposite ends of the lot. Lots which have rear frontage on an alley are not through lots.

Figure 18.1—Lot Types

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

Medical Clinic
A healthcare facility offering outpatient medical services to a larger volume of patients, often on a walk-in basis or with same-day appointments. Clinics typically provide a range of services, including urgent care, diagnostic testing, minor surgical procedures, and preventive care. They are designed to handle higher patient turnover and often operate extended hours.

Medical Office
A professional office space used by licensed healthcare providers, such as physicians, dentists, or specialists, to provide routine, non-emergency, and outpatient care. Services are typically provided by appointment, and the facility is designed for consultation, diagnosis, and minor treatments that do not require immediate or intensive care.

Micro-brewery/Micro-distillery/Micro-winery
Establishments that can respectively brew beer, and/or distill spirituous beverages, and/or produces wine on a small scale not to exceed seventy-five (75) percent of the business square footage and with limited production as regulated by the State. These establishments shall include a tasting room and retail space to sell the local production for consumption on the premises and off-premises, along with retail items and food.

Micro-Irrigation
An irrigation system with a maximum flow rate per emitter of thirty (30) gallons per hour or less.

Micromobility
A range of transportation modes, including walking, biking, and lightweight vehicles that are designed for personal transportation over short distances.

Mitigation
Mitigation refers to actions with the goal of lessening or minimizing the impacts of deviations from any Land Development Code required standard in a development.

Mixed-Use
More than one (1) different category of permitted use (e.g., residential, commercial, office, institutional, etc.) is located within a development site. This includes vertical and horizontal mixed-use.

Mobile Billboard
A mobile billboard, also known as a digital billboard truck, is a large display on the side or back of a truck, trailer, or bus that's used exclusively for advertising.

Mobile Home
A residential structure, transportable in one (1) or more sections, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. A travel trailer is not a mobile home.

Mobility Hub
Locations where people can access multiple types of transportation modes in a central location (e.g., bike share, public transit, micromobility devices, etc.).

Modular or Manufactured Building
A closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facilities for installation or erection as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures. The term includes buildings not intended for human habitation such as lawn storage buildings and storage sheds manufactured and assembled off-site by a manufacturer certified in conformance with this part. This part does not apply to mobile homes.

Motel
(See Hotel).

Mulch
Non-living organic or synthetic materials customarily used in landscape design to retard erosion and maintain moisture.

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

Murals
Unique, hand-rendered works of art such as paintings and mosaics shall be permitted on walls of commercial buildings in non-residential areas. Murals are intended to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.

Non-Conforming:

(a)

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

(b)

Structure. Existing improvements which do not meet the minimum requirements of this LDC for the district in which they are located.

(c)

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

(d)

Sign. A permitted sign existing in the City before the adoption of this Code that does not conform to the requirements of this Code.

(e)

Legally Non-Conforming. Any lot, structure, use, or other activity which was permitted prior to the adoption or amendment of this LDC, but which now fails by reason of such adoption or amendment to conform to all of the applicable requirements of this LDC.

Obstruction
Any obstruction that is capable of reducing the flood-carrying capacity of a stream or may accumulate debris and thereby reduce the flood-carrying capacity of a stream. A natural obstruction includes any rock, tree, gravel or analogous natural matter that is an obstruction and has been located within the floodway by a non-human cause. An artificial obstruction is any obstruction caused by humans.

Office
A use where a business, profession, service or government activity is conducted which does not involve retail activities on-site including, but not limited to, banks (without drive-through facilities) and medical clinics, and not including veterinary offices, and hospitals.

Office, Business
An office for activities such as real estate, advertising, insurance, travel agency, ticket sales, abstract and title companies, insurance, etc. Retail or wholesale goods are not shown to or delivered from the premises to a customer. A beauty or barber shop is not a business office.

Office, Professional
An office for the use of architects, engineers, attorneys, accountants, physicians, lawyers, dentists, etc. Professional offices generally offer consultant services.

Office Park
A tract of land that has been planned, developed and operated as an integrated facility for a number of separate office buildings with supporting ancillary uses and open space all designed, planned, constructed, and maintained on a coordinated basis.

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

On-site Sewage Treatment and Disposal System (OSTDS)
On-site sewage treatment and disposal system, also referred to as system—as defined by F.S. § 381.0065(2). Appurtenances installed within the building sewer prior to a treatment receptacle shall not be included in this definition. Systems covered by F.S. Ch. 403, are not included in this definition.

Open Space
Open space shall mean any portion of a parcel, or area of land or water (less than ten (10) percent of requirement), which is open and unobstructed from the ground to the sky, including areas maintained in a natural and undisturbed character and areas which are permeable in nature per the requirements of the Comprehensive Plan.

Open Space Ratio
The ratio of the area of open space to the total area of a parcel proposed for development.

Outdoor Sales Event
All outdoor sales of merchandise, not located within a permanent structure.

Outside Storage
The commercial storage or keeping of building materials, equipment, fuels, goods, commodities, or raw materials outside of a building or structure.

Parcel
A measurable area of land with a particular ownership and land use.

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

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

Pedestrian Realm
The public space where people move and interact, composed primarily of the streetscape, recreational areas, and open spaces.

Permanent Control Point (PCP)
A secondary, horizontal-control monument, in accordance with F.S. Ch. 177.

Permanent Reference Monument (PRM)
Permanent reference monument provided in accordance with F.S. Ch. 177.

Personal Service
An establishment that primarily provides services generally involving the care of a person or his or her apparel, such as barber shops, beauty salons, seamstress shops, shoe repair shops, dry cleaning and laundry pickup facilities, coin-operated laundries, and tuxedo or costume rentals.

Pervious Paving Materials
A porous asphaltic, concrete or other surface and a high void aggregate base which allows for rapid infiltration and temporary storage of rain on, or runoff delivered to, paved surfaces.

Pet Care Services
Services identified in the North American Industry Classification System (NAICS) for pet care services, including, but not limited to, pet grooming services, include non-medical activities and services which improve the appearance and hygiene of dogs, cats and other small animals or household pets. Pet care services do not include kennels, kenneling or overnight boarding of pets.

Pick-Up Windows
A window within a principal use used for the sale and dispensing of pre-ordered goods and merchandise. Pick-up windows shall not mean or include drive-in or drive-through restaurants and refreshment stands as defined by this LDC, and said definitions shall be mutually exclusive.

Plant Bed
A grouping of trees, shrubs, ground covers, perennials, or annuals growing together in a defined area devoid of turf/turfgrass, normally using mulch around the plants.

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

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

Premises
The lot(s), plots, portions or parcels of land and its building(s) are considered as a unit for a single development or activity.

Primary Frontage
(See Lot Frontage).

Protected Wellfield
Those wellfields with a permitted capacity of one hundred thousand (100,000) GPD or more.

Public Realm
The collection of open spaces and places that are accessible to the public regardless of their social status or economic status.

Recreation:

(a)

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

(b)

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

Recreation, Indoor
A recreational use that is entirely indoors, such as dance instruction, martial arts instruction, exercise/fitness clubs, yoga instruction, video arcades, arts and crafts studios, pool/billiard halls, and indoor playgrounds. Indoor recreation does not include adult entertainment and other adult uses.

Record Drawing
A set of approved plans and specifications which identify, at a minimum, substantial deviations referenced in the certification of completion of construction that have occurred since the permit was issued.

Refuse/Recycling Collection Container
Any detachable receptacle for the collection of refuse/recyclables that is two (2) cubic yards or larger and is designated or intended for mechanical pick-up.

Repair Shop with No Outdoor Storage
A commercial establishment that provides repair services for goods, vehicles, or equipment, where all activities, including storage of materials, tools, and repaired items, are conducted entirely within an enclosed building. No outdoor storage of parts, equipment, or vehicles is permitted.

Residential Subdivisions
A subdivision comprised of residential lots.

Restaurant
A use providing for the preparation or sale of prepared food for consumption by customers primarily on the premises including the subordinate sale of alcoholic beverages for consumption on-premises. Restaurants include outdoor cafés.

Restaurant (Drive-In)
A restaurant where food service is provided to customers in motor vehicles for consumption on the premises, whether such food is delivered to the vehicles by the customers or by personnel employed by the operator.

Restaurant (Drive-Through)
A restaurant which has direct window service allowing customers in motor vehicles to order and pick up food for off-premises consumption.

Retail Use
A principal category of uses which involves the sale or lease of goods, products, materials, or services directly to the consumer, including but not limited to: banks; greenhouses; retail nurseries; beauty shops; hardware stores; pharmacies, apothecaries and drugstores; repair shops which do not involve heavy machinery or hazardous materials; grocery stores; personal services; art galleries, artisans; post offices; farmers markets; the sale of food or alcohol beverages for consumption; dry cleaners; funeral homes or funeral chapels; convenience stores; and service stations.

Right-of-Way
Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, access or other purpose by the public, certain designated parties, or governing body. "Right-of-way" shall exclude easements that are not a separate tract of land.

Roomer
An occupant who has use of a dwelling unit without actual or exclusive possession or ownership of that residence.

Rooming House
A residential use consisting of at least one (1) dwelling unit which includes one (1) or more rooms that are rented or intended to be rented to more than one (1) family, but which rooms, individually or collectively, do not constitute separate dwelling units. A boarding house or rooming house is designed to be occupied by longer term residents (month to month) as opposed to overnight or weekly guests.

Runoff
Water from precipitation or irrigation that flows over the ground surface and is not absorbed into the ground, instead flowing into channels, streams, or other surface waters or land depressions.

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

Septic Tank
(See On-site Sewage Treatment and Disposal System).

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

Setback
The minimum or maximum required distance between a structure and the lot lines of the lot on which the structure is located.

(a)

Front. The minimum or maximum required distance from the building or structure to the front property line.

(b)

Side. The minimum or maximum required distance from the building or structure to the side property line.

(c)

Rear. The minimum or maximum required distance from the building or structure to the rear property line.

(d)

Street-side. The minimum or maximum required distance from the building or structure to the street-side property line.

Shopping Center
Two or more commercial businesses or occupants planned, constructed and/or managed as a total entity with unified design and customer and employee parking provided on-site.

Short-Term Residential Rentals
Rental of residential units for a time period no more than six (6) months.

Sidewalk
The paved portion of a right-of-way between the curbline, or the lateral line, of a street and the adjacent property lines, intended for use by pedestrians.

Sight Distance Triangle
The triangular shaped area located at the intersection of two (2) streets, whether public or private, or a street and private driveway through which an unobstructed view is necessary for the safety of motorists, bicyclists, and pedestrians. The extent of the sight triangle shall be calculated in accordance with the standards in the Florida Greenbook.

Sign
A written and/or illustrated device or display including structural or supporting elements, consisting of letters, numbers, symbols, pictures, illustrations, announcements, decorations, emblems, cut-outs, insignias, trademarks or demonstrations, banners, pennant strings, attached balloons, streamers, spinners, or ribbons, that is designed to convey information to the public. Any person or animal stationed at or proximate to a business site or on the public right-of-way for the purpose of attracting attention to a business by actions, props, signage or attire shall be deemed to be an off-site sign. Wall murals, life-scenes and artwork that do not communicate informational messages, apart from any artistic or aesthetic enjoyment, are not signs.

Sign, A-Frame
A portable sign that is not permanently affixed to the ground.

Sign, Animated
A sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes including, but not limited to, signs using electronic ink, signs set in motion by movement of the atmosphere, or made up of a series of sections that turn, including any type of screen using animated or scrolling displays, such as an LED (light emitting diode) screen or any other type of video display, even if the message is stationary.

Sign, Area of
The total surface of a sign including the background and frame, but not structural supporting elements outside of its frame. Where a sign is composed of skeleton letters, characters, or symbols applied to a background which is not a structural part of the sign, the area of the sign shall be the smallest rectangle, triangle, or circle which will include the display.

Sign, Attached
A sign attached to, on, or supported by any part of a building (e.g., walls, awning, windows, or canopy).

Sign, Attention-Getting Devices
Include, but are not limited to, any pennant, streamers, propeller, spinner, valance, banner, search light, balloon or other inflatable, commercial mascots, humans holding or wearing signs, or similar device or ornamentation designed for or having the effect of and utilized for attracting attention, commercial promotion or advertising and not otherwise prohibited by this LDC.

Sign, Awning
A sign attached or applied to an awning with the term awning meaning any rigid or movable (retractable) roof-like structure, cantilevered, or otherwise entirely supported from a building.

Sign, Background
Area behind the lettering on a freestanding or wall sign. The sign background is that portion of the sign surface or building façade which is reasonably coterminous with the area of the sign. Color, texture and/or materials used on the sign background, if different from the color, texture and/or materials used on the building exterior shall be limited to the sign area.

Sign, Balloon
A flexible bag designed to be inflated with air or with a gas, such as helium, that may be lighter than the surrounding air, which may rise and float in the atmosphere whether natural or artificially. A cold air inflatable falls within this definition.

Sign, Banner
A sign, often made of wind- and weather-resistant cloth or other lightweight material, that is not permanently attached to a solid backing of wood, plastic, metal, masonry, or similar rigid material, and possessing characters, letters, illustrations or ornamentations.

Sign, Bench
A sign appearing on a bench.

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

Sign, Bus Shelter Advertising
An advertising sign appearing on a bus shelter.

Sign, Bus Stop Informational
A freestanding or attached non-commercial sign located at a bus stop and providing information as to the route, hours or times of service.

Sign, Campaign
A sign which concerns an election.

Sign, Canopy
A sign that is a part of or printed, stamped, stitched or otherwise applied onto a canopy located over a door, entrance, window or outdoor service area with a canopy being any fixed roof-like structure, not movable like an awning, and which is cantilevered in whole or in part self-supporting.

Sign, Changeable Copy
A sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign. A changeable electronic variable message sign is included in this term.

Sign, Changeable Electronic Variable Message ("CEVM")
A sign which uses electronic means to display changeable or intermittent images such as by turning on or off various lighting elements including, but not limited to, any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use. The term includes display technology such as a light emitting diode (LED) or digital displays which can vary in color or intensity, or any system which is functionally equivalent. Messages often scroll in this type of sign.

Sign, Commercial Mascot
A person, animal, or object used as the symbol of an organization such as a sports team or business which can be humans or animals used as advertising devices for commercial establishments, typically by the holding or wearing of insignia, masks or costumes associated with the commercial establishment.

Sign, Commercial Message
Wording, a logo or other representation or image located on a sign that directly or indirectly names, advertises or calls attention to a product, service, sale or sales event or other commercial activity.

Sign, Construction
A sign identifying the ongoing construction activity during the time that a building permit is active and prior to the completion of the work for which the permit was issued and announcing and identifying the name of principal contractors, sub-contractor, architects, or lending institutions engaged to perform construction activity on the site. It is the obligation of contractors to appropriately place construction signs at appropriate location during the course and time period when construction activities are occurring on property.

Sign, Directional
A sign located on-premises with exits, entrances, driveways or off-street parking.

Sign, Directory
A sign which lists the names and locations of occupants or the use of a building. This type of sign is typically utilized for multi-tenant buildings and complexes.

Sign, Discontinued
(See Non-Conforming Sign).

Sign, Double-Faced
A sign with two (2) faces which describe an internal angle between face planes extended of no more than thirty (30) degrees.

Sign Face
The plane area which is defined as sign area.

Sign, Flashing
A sign that permits light to be turned on or off intermittently.

Sign, Free Speech
A sign implementing and protecting by action a person's First Amendment right to free speech in order to express any lawful non-commercial message.

Sign, Freestanding
A sign supported by uprights or braces placed upon, or in, or supported by the ground, a fence, or non-structural wall.

Sign, Garage or Yard Sale
A sign pertaining to the sale of personal property in, at or upon any residentially-zoned property located in the City. Garage or yard sales shall include, but not be limited to, garage sale, yard sales, lawn sale, front yard sale, backyard sale, attic sale, rummage sale, patio sale, moving sale and similar uses involving the retail sales of used or secondhand goods or merchandise in connection with a lawfully existing dwelling unit on property within any zoning district, and shall include the advertising of the holding of any such sale, or other offering to make any sale, whether made under any name such as garage sale, yard sales, lawn sale, front yard sale, backyard sale, attic sale, rummage sale, patio sale, moving sale, or any similar designation.

Sign, Hanging
A sign projecting underneath or on the underside of any structural overhang or passageway and perpendicular to the front building façade.

Sign, Height of
The distance between the top of a sign and the average grade elevation below the top of the sign.

Sign, Holiday and Seasonal Decorations
Decorations that pertain to legal or other recognized holidays or to a season of the year. Such decorations shall not include copy. Such decorations shall be a sign only if copy is present on the decorations.

Sign, Holographic Display
A sign consisting of an advertising display that creates a three-dimensional image through projection, OLED (organic light emitting diode), or any similar technology.

Sign, Identification
A sign used to indicate to the public the firm name, the character of the business carried on or the major enterprise or products offered on the premises where located. (See Sign, Wall).

Sign, Illuminated
A sign which is illuminated, in whole or part, by artificial light.

Sign, Indirectly Illuminated
A sign the facing of which reflects light from a source intentionally directed upon the sign.

Sign, Internally Illuminated
A sign which has as a source of light, a source which is entirely enclosed within the sign, which source is not visible to the eye.

Sign, Light Emitting Diode (LED)
A sign or portion thereof that uses light emitting diode technology or other similar semiconductor technology to produce an illuminated image, picture or message of any kind whether the image, picture or message is moving or stationary. This type of sign includes any sign that uses LED technology of any kind whether conventional (using discrete LEDs), surface mounted (otherwise known as individually mounted LEDs), transmissive, organic light emitting diodes (OLED), light emitting polymer (LEP), organic electro luminescence (OEL) or any similar technology.

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

Sign, Marquee
A sign with a permanent wall- or roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather with a marquee being a permanent roofed structure attached to and supported by the building and that projects into the right-of-way.

Sign, Master Plan
A comprehensive document that contains a set of sign criteria that is unique to a specific shopping center, commercial property, building or other development that has the need at present or potentially in the future, for three (3) or more tenant signs, or as required by this LDC.

Sign, Menu Board
A sign placed at the beginning of a drive-through service lane of a food service establishment that includes a menu and a two-way speaker system for taking food orders.

Sign, Mobile Advertising
A motor vehicle of any type or nature as defined by State law, or wheeled conveyance which carries, conveys, pulls, or transports any sign or billboard (including, but not limited to, any bicycle, motorized scooter, electric personal assistive mobility device, or moped with all terms being defined in State law) for the primary purpose of advertising. This term does not include identifying information on a motor vehicle such as, by way of example, contact information on a taxi-cab, business identifying information on a business truck or van, fleet information on a bus or any type of information of a similar use or character. This term does not include advertising that is painted on a motor vehicle such as, by way of example, a bus fleet with advertising painted on the bus, but not separate and apart from the painting of the bus. It is prohibited and unlawful for motor vehicles or vessels which are identified as "for sale" to be parked in public rights-of-way or in buffer areas along arterial or collector streets.

Sign, Monument
A freestanding sign which has the vertical structural supports concealed in an enclosed base.

Sign, Multi-Face
(See Double-Faced Sign).

Sign, Off-Site
A sign which identifies an activity that is not conducted on the premises or which identifies products or services which are not available on the premises where such sign is located.

Sign, On-Site
A sign that (1) identifies an activity conducted or products or services available on the premises where the sign is located, (2) displays a non-commercial message, or (3) displays any combination of the first two (2).

Sign, Parasite
A sign for which no permit has been issued, and which is attached to another sign.

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

Sign, Permanent
A sign which, when installed, is intended for permanent use.

Sign, Pole
A freestanding sign that is supported from the ground up by one (1) or more poles, columns, uprights, braces, or anchors.

Sign, Portable
A sign that has no permanent attachment to a building or to the ground by means of a footing, including, but not limited to, an A-frame sign, sign with wheels, pull attachments, or hot air or gas filled balloons.

Sign, Projecting
A sign supported by a wall of a building projecting from that wall and designed with a face or faces reading perpendicular to that wall.

Sign, Real Estate
A temporary sign on a premises offered for sale or rent.

Sign, Roof
A sign painted on or affixed to the roof of a building and primarily supported by that roof structure.

Sign, Safety
(See Warning Sign).

Sign, Snipe
An unpermitted sign tacked, nailed, posted, pasted, glued or otherwise attached to trees (living or dead), poles including, but not limited to communication and utility poles, stakes, fences or to other objects, with the message appearing thereon not applicable to the present use of the premises or structure upon which located.

Sign, Statutory
A sign required by any statute of the City or the government of Seminole County, the State of Florida or the United States which, absent a controlling Federal or State law.

Sign, Streamer
A long, narrow strip of material used as a decoration or symbol.

Sign Structure
The uprights, supports, braces and framework supporting a sign.

Sign, Subdivision Primary Entrance
A subdivision entrance located at the periphery of the subdivision giving access to a right-of-way.

Sign, Temporary
A sign used for a temporary period of time.

Sign, Three-dimensional
A sign that has a depth or relief on their surface greater than six (6) inches.

Sign, Traffic Control Device
A sign located within the right-of-way that is used as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) as promulgated by the Florida Department of Transportation in accordance with the provisions of F.S. § 316.0745 and other controlling law. A traffic control device sign includes, but is not limited to, those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent) and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).

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

Sign, Vehicle
A sign or signs where the total sign area covers more than ten (10) square feet of the vehicle including, but not limited to, a sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property. This term shall include signs placed upon vessels for the same purpose.

Sign, Wall
A sign painted on or affixed to the structural wall of a building, with a sign face approximately parallel to the wall perpendicular to the ground and projecting no more than twelve (12) inches from the wall.

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

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

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

Special Event
A single non-recurring (no more than once per year) or seasonal event to which the public is invited to watch, listen or participate including, but not limited to, the following:

(a)

Activities held within public right-of-way, including but not limited to, street races, block parties, and parades;

(b)

Activities held on non-City property with more than two hundred (200) attendees;

(c)

City signature event;

(d)

Non-profit events that request off-site signage; and

(e)

Food trucks used for preparing and selling food unless approved by an issuance of a site development order.

Special Exception Use Order
An order issued by the City Council after recommendation of LPA, which allows certain uses within a zoning district that are not generally permissible throughout the district, but which if controlled as to number, area, location, or relation to the neighborhood, could promote the public health, safety, and welfare.

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

Sports Fields
Those areas used solely for the purpose of playing sporting events (e.g., soccer fields, softball or baseball fields). Only the surfaces used to engage in these activities fall under the category of "sports fields."

Street
Any thoroughfare, street, avenue, boulevard or space more than twenty (20) feet (six thousand ninety-six (6,096) mm) wide which has been dedicated or deeded for vehicular use by the public and which can be used for access by fire department vehicles.

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

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

Street, Dead End
A street that terminates in a vehicular turnaround.

Street, Local Commercial
A street located within a commercial or industrial subdivision that provides access to the commercial or industrial property within that subdivision as its primary function. On-street parking is generally not allowed. Access is managed to minimize the number of driveways.

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

Streetscape
Streetscape is defined as everything that makes up the scene of a street which can include the street, public realm, street trees and landscape, on-street parking, buildings, open space, benches and seating opportunities, utilities, streetlights, trash receptacles, and other components making up the urban fabric.

Structure:

(1)

Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location. Among other things, structures include buildings, boat docks, boat ramps, walls, fences, etc.

(2)

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

Structure, Temporary
Any structure serving a temporary use, such as a field or sales office, contractor's office, etc.

Structured Parking (Parking Garage)
A multi-level facility contained within a building to provide parking spaces, excluding covered surface parking.

Subdivision
The division of a parcel of land, whether improved or unimproved into two (2) or more lots or parcels of land for the purpose of sale or building development (whether immediate or future) and including all divisions of land involving the dedication of a new street or a change in existing streets. The City may grant a waiver to the platting requirements for subdivisions with three (3) lots or less.

Substantial Improvement
Any repair, reconstruction, or improvement of a building (for any building constructed prior to the effective date of this LDC), the cost of which either equals or exceeds fifty (50) percent of the market value of the structure either (1) before the improvement or repair is started or (2) if the structure has been damaged and is being restored, before the damage occurred.

Temporary Connection
A permitted connection for a specific property that is conditioned to be open for a specific purpose and traffic volume for a specific period of time with the right-of-way to be restored by the applicant to its original condition upon connection closure.

Temporary Construction Office
A temporary construction office is a portable office space used for short-term needs on a construction site.

Temporary Facilities
Any structure serving a temporary use, such as a field office, sales office, or contractor's office, etc.

Temporary Residences
A trailer or similar unit designed for temporary residential occupancy pending the construction, repair, or renovation of the permanent residential building.

Through Lot
(See Lot Types).

Townhome
(See Dwelling Unit, Townhome).

Travel Trailer
A vehicular-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. A travel trailer is not a mobile home.

Tree
Any living, self-supporting, perennial plant which has at least a two and one-half (2½) inch DBH and normally grows to a minimum overall height of fifteen (15) feet.

Trees, Champion
Exceptionally large and old trees, thirty (30) inches in DBH or greater, that are of significant ecological, aesthetic, or cultural value as designated by City Council.

Trees, Heritage
A native tree that is designated as irreplaceable due to its size, age, or cultural significance.

Tree, Large (Canopy or Overstory)
For the purposes of this LDC a canopy or overstory tree shall refer to a large tree as defined by the Florida-Friendly Landscaping ^TM Plant Guide.

Tree, Small and Medium (Understory)
A dicot tree that may have multiple trunks, which normally grows to a mature height of thirty (30) feet or less.

Turf/Turfgrass
A surface layer of earth containing a dense growth of grass and its roots.

Underlying District Regulations
The regulations associated with the district in which a parcel of land is located.

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

Useable Open Space
An area that:

(a)

Is not encumbered with any substantial structure;

(b)

Is not devoted to use as a street, parking area, or sidewalk;

(c)

Is left (as of the date development began) in its natural or undisturbed state if wooded, except for the cutting of trails for walking or jogging, or active ballfields, or, if not wooded at the time of development, is landscaped for ball fields, picnic areas, or similar facilities, or is properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objective set forth in the Comprehensive Plan;

(d)

Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation;

(e)

Is legally and practically accessible to the residents of the development out of which the required open space is taken, or to the public if the area is dedicated to the City; and

(f)

Consists of land no more than twenty-five (25) percent of which lies in a floodplain or floodway.

Utility Facility
Any above-ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose and used in connection with the production, generation, transmission, delivery, collection or storage of water, sewage, electricity, gas, oil, or electronic signals (except for communication towers).

Utility Line
The infrastructure used for the transmission or distribution of utility services, including, but are not limited to sewer, water supply, electrical power, gas, communications, and transport facilities. These lines may be located above ground, underground, or on the surface and are typically part of a broader utility system that includes poles, conduits, pipes, wires, cables, and other associated equipment necessary for the operation, maintenance, and delivery of utility services.

Utility Pole
A tall cylinder, often embedded with climbing spikes above normal reach, usually topped by a cross beam, used by a public utility to transmit wire, cable or conduit through the air, for the transportation of electricity, cable television, communication, lighting on private or public property or similar services.

Vehicle Accommodation Area
That portion of a lot that is used by vehicles for access, circulation, parking and loading and unloading. It comprises the total of circulation areas, and parking areas (spaces and aisles).

Vehicular Use Areas
Those areas of a parcel proposed for development which are accessible to and commonly used by automobiles, including parking lots, driveways, service and loading areas, but not including structured parking.

Veterinarian
An animal clinic or hospital that provides medical care, treatment, and surgical services for animals. Routine or non-emergency overnight boarding of animals is not permitted. However, animals may remain overnight strictly in emergency cases or when medically necessary for post-surgical care or observation.

Water Features
Features of a site that holds water including but not limited to natural features (lakes, wetlands, rivers, creeks, etc.), or artificial features (stormwater ponds, fountains, and canals).

Water Use Zone
A distinct grouping of plants with similar water needs and climatic requirements. The water use zones are as follows:

(a)

Low-Water Use Zone. Zones including plants which survive on natural rainfall without supplemental water.

(b)

Medium-Water Use Zone. Zones including plants which survive on natural rainfall with supplemental water during seasonal dry periods.

(c)

High-Water Use Zone. Zones including plants which are associated with moist soils and require supplemental water in addition to natural rainfall to survive.

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

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

Wetlands
Those areas which are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soils.

Wetland Boundary
The landward extent of a wetland which is determined by the dominance of plant species, soils, and other hydrologic evidence indicative of regular and periodic inundation or saturation.

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

Wetland Development Activity
Those activities for which compatibility rankings and performance standards have been developed:

(a)

Boardwalks, docks and gazebos.

(b)

Bulkheading (impounding, interrupting or diverting surface water).

(c)

Clearing of vegetation (in conjunction with the construction of permitted structures).

(d)

Cultivating naturally occurring agricultural and horticultural products.

(e)

Discharge of domestic, agricultural, or industrial wastes (pursuant to DER permit or the discharge of stormwater runoff waters from adjacent land).

(f)

Drainage ditches.

(g)

Dredging (other than mosquito control or "drainage ditches").

(h)

Filling.

(i)

Harvesting of timber and wood products.

(j)

Hazardous material (storage, use, or disposal of any hazardous material).

(k)

Landscaping and establishing planting.

(l)

Restoration or expansion or modification of existing structures and improved areas.

(m)

Septic tanks (installation of septic tanks).

(n)

Solid waste disposal.

(o)

Stormwater retention/detention basins.

(p)

Structure (construction of permitted structures).

(q)

Utility installation.

Wetland Direct Hydrologic Connection
Connection to a wetland where a flow of surface water occurs on an average of thirty (30) or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection.

Wetland Enhancement
The manipulation of the physical, chemical, or biological characteristics of a wetland (undisturbed or degraded) to heighten, intensify, or improve specific function(s) or for a purpose such as water quality improvement, flood water retention, or wildlife habitat.

Wetland Functions
The physical, chemical, or biological processes or attributes that are vital to the integrity of the wetland system. Key functions include: water quality regulation, providing habitat for plant and animal species, recharging groundwater and aquifers, regulating local climate conditions, providing recreational and education opportunities, and alleviating flooding.

Wetland Mitigation/Compensation
A wetland enhancement, restoration, creation, and/or preservation project that serves to offset unavoidable wetland impacts is known as wetland mitigation or compensatory mitigation. The ecological benefits of a mitigation project should compensate for the functional loss resulting from the permitted wetland impact.

Wetland Performance Standards
Standards for actions taken to prevent or minimize adverse impacts on wetlands as a result of development activities.

Wetland Significance
The degree to which wetlands functions are performed by a wetland.

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

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

(a)

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

(b)

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

(c)

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

(d)

Street-side Yard. A yard extending along the street-side of a corner lot from the front lot line to the rear lot line, and to a depth specified by the zoning district for which the property is located and measured inward from the street-side lot line.

(e)

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

Figure 18.2—Defining Yards and Setbacks