The following words, terms and phrases, when used in these land development regulations, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning:

Abandon means to discontinue a use for more than a specified period of time or to vacate a right-of-way, easement, or other interest in real property.

Abused tree means a tree that has been damaged or weakened in any way that may shorten the life of that tree or adversely affect its aesthetic quality.

Abutting property. See Contiguous.

Accent lighting means any lighting that is used to enhance, highlight, or define specific elements of landscaping, art, or architecture.

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

Accessory quartersmeans a complete, separate living facility equipped with a kitchen and provisions for sanitation and sleeping, located on the same lot as the owner-occupied principal dwelling.

Acre, gross means land or water or combination thereof containing 43,560 square feet.

Acre, net means gross land area, less existing or proposed public and private points of access, roads or streets, roadways, rights-of-way, and easements.

Active ground-floor uses means uses that promote pedestrian activity, provide access to the general public, and conceal uses designed for parking, office, and other non-active uses if present. Such uses include, but are not limited to, retail, other commercial, restaurants, coffee shops, offices, financial services with no drive-through, personal services, or multi-family residential units with street-facing entrances.

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

Administrative official means the growth management director, any staff member of the department authorized by the growth management director, or any other official granted authority to interpret or administer regulations.

Adult entertainment. The following definitions are applicable to adult entertainment uses.

Adult bookstore means an establishment where books, magazines, records, photographs, moving pictures, videos, electronic disks, CD-ROMs, or similar media are sold or any part of a business set aside as a place where books, magazines, records, photographs, moving pictures, videos, electronic disks, CD-ROMs, or similar media are sold, which has as its principal purpose the offering for sale of such materials which have as their dominant or primary theme matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this article.

Adult cabaret means a nightclub, lounge, restaurant, or similar establishment that features live performances which are characterized by the exposure of specified anatomical areas or by specific sexual activities.

Adult motel or hotel means an establishment where motion pictures are shown in rooms designed primarily for lodging, which motion pictures have as their dominant or primary theme matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined in this article.

Adult motion picture booth means a booth or area designed for or used for the viewing by one or two persons of motion pictures or other visual materials which have as their dominant or primary theme matters depicting, describing, or relating to specified sexual activities, as defined herein.

Adult motion picture theater means an establishment where motion pictures are shown or a section, department, or part of any business set aside for the showing of motion pictures, which has as its principal purpose the offering for viewing to adults of motion pictures which have as their dominant or primary theme matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined herein.

Specified anatomical area means one or more of the following less than completely and opaquely covered:

human genitals, pubic region;

buttocks;

female breast below a point immediately above the top of the areola; or

human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means as follows:

fondling or other erotic touching of human genitals, public region, buttocks, anus, or female breast;

acts of human analingus, bestiality, buggery, cunnilingus, coprophagy, fellation, flagellation, masochism, masturbation, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy, whether actual or simulated;

human genitals in a state of sexual stimulation, arousal, or tumescence; or

excretory functions as part of or in connection with any of the activities set forth above.

Agriculture means the production, keeping or maintenance, for sale, lease or personal use, of plants and/or animals useful to humans, including but not limited to the growing of crops, dairying, grazing, the raising and maintenance of poultry and other livestock, horticulture, nursery, forestry, and sod farms.

Agriculture, bona fide as defined by F.S. Chapter 193.461, Bona Fide Agriculture means good faith commercial agricultural use of the land as determined by the Palm Beach County Property Appraiser.

Agriculture, light manufacturing means an accessory agricultural use for the manufacturing of products related to agricultural operations, such as fencing, pallets, crates, or containers. Product components are predominantly assembled from previously prepared materials or finished parts. Manufacturing includes processing, fabrication, assembly, treatment, packaging of such products, and the accessory storage and distribution, but excludes heavy industrial processing or manufacturing.

Agriculture, Storage means the storage of equipment or products accessory or incidental to a principal agricultural use.

Airport, general aviation means any publicly or privately owned or operated ground facility designed to accommodate general aviation aircraft and related facilities, including landing and takeoff of airplanes and helicopters.

Alley access means an access way providing access to service areas, parking, outbuildings (garage) and contains utility easements. This type of vehicular access is more urban in nature and does not include any streetscape requirements, including, but not limited to, sidewalks and street trees.

Alter means any activity, whether intentionally or unintentionally, which modifies, transforms, or otherwise changes land, vegetation, or environmentally significant land, including but not limited to construction, vehicle use, agriculture, grazing or timber harvesting.

Alteration, building means any change, addition or modification in construction or any change in the structural members of a building, such as walls or partitions, columns, beams or girders, and which may result in an increase of building size, building height, or number of dwelling units.

Amusement game or game of skill means a coin-operated or token-operated machine or device which, whether mechanical, electrical, or electronic, shall be ready for play by the insertion of a coin or token or for hire by any other means, and may be operated by the public for use as a game, entertainment, amusement, or for display of relative competence or skill, or indicates in any way competitive advantage of one player or team over another, whether the players or teams are playing concurrently or not. Music machines, vending machines, and equipment for bowling shall not be included.

Anchor tenant means the major store or stores within a commercial and/or office plaza.

Animal boarding kennel means any building or land used, designed, or arranged to facilitate the commercial boarding, training, socialization, and grooming of domesticated animals such as dogs and cats, but excluding farm animals such as pigs, chickens, cattle, birds, emus, exotic snakes, or any other species of animal. Animal breeding, raising, and/or selling is strictly prohibited. See chapter 14, article II, Dogs and Cats.

Antenna means an arrangement of wires or metal rods used in transmitting or receiving electromagnetic waves.

Apartment means a multifamily dwelling unit containing a room or suite of rooms together with kitchen or kitchenette and sanitary facilities.

Apartment, efficiency means a dwelling unit consisting of two rooms, one of which contains sanitary facilities.

Apartment, garage means an accessory building, not a part of or attached to the main building, where a portion thereof contains living facilities for not more than one family.

Apartment house means any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied or which is occupied as the home or residence of more than two (2) families living independently of each other and doing their own cooking in the buildings.

Applicant means the owner of land or his designated agent submitting an application pursuant to these regulations.

Arbor means a vertical three-dimensional hardscape element, typified by vines trained over an arched framework of wood or metal lattice as a gateway to/within a landscaped area.

Architect means an architect licensed and registered in the state.

Art, artwork, or works of art means all tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium, material, or combination thereof, including, but not limited to, painting, sculpture, fountains, engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings, artist-designed seating, or other functional art pieces and collaborative design projects between architects and/or landscape architects and artists, together with all hard costs and soft costs such as, but not limited to, lighting, landscaping, or other aesthetic effects or enhancements integrated with the art and approved by the growth management administrator. The city council shall not consider for approval art objects which are mass-produced in unlimited quantities.

Arterial street. See Street, arterial.

Artificial turf (a.k.a. synthetic turf) means a manmade product which may be used as a substitute to effectively simulate the appearance of organic turf grass, lawn, or sod.

Artist or professional artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, training in the arts, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, and receipt of honors and awards in the art field.

Artist-body painting studio means an establishment or business which provides the services of applying paint or other substance, whether transparent or opaque, to or on the human body when that body is wholly or partially nude.

Assisted living facility (ALF) means any facility which offers residence, services, meals, and skilled care to an elderly population, and may include one or more of the following facility types: independent living, assisted living, and skilled nursing care. An ALF providing one or more of such services may also be known as a continuing care facility.

ALF, independent living means a private dwelling unit that may be associated with an ALF that usually includes a kitchen and bathroom, which may provide a variety of services to the resident.

ALF, assisted living means a private, semi-private, or group dwelling units, that may be associated with an ALF that usually provides a wide variety of services, including assistance with activities of daily living, congregate dining facilities, and common recreational areas.

ALF, skilled nursing facility means a group dwelling facility offering 24 hour medical care, group dining, shared living and bathing spaces, and assistance with activities of daily living, and may be associated with an ALF.

Auto repair, general means an establishment engaged in the repair and maintenance of automobiles, trucks, and motorcycles, but excluding heavy equipment or machinery. Typical uses include motor vehicle repair shops and garages, automobile tune-up shops, muffler and brake shops, oil change shops, and installation and repair of audio and sound systems.

Auto service station means any building, structure or land used for retail sales of automobile fuels, oils or accessories, and which may also include automobile maintenance, servicing, and towing and overnight parking of disabled vehicles for immediate repair (i.e., within 24 hours).

Auto tire and sales installation means an establishment engaged principally in the sale and installation of tires for automobiles, trucks, sport utility vehicles, and similar vehicles.

Automobile dealership means an establishment engaged in the on-premise lease, rental, wholesale sale, retail sale of new or used motor vehicles or equipment, excluding industrial, agricultural, and recreational vehicles used for transportation or hauling, with or without incidental service, automobile repair, and body repair and paint shops.

Automobile detailing means an activity which involves washing, waxing, or cleaning the interior of an automobile or motor vehicle.

Automobile, RV, and boat storage, commercial means a facility which provides for the commercial storage of automobiles, boats, RVs, and similar vehicles, excluding service, maintenance, and repair.

Auto/truck body or paint shop means a building or other structure used for painting, repainting, or retouching, or major repairs and adjustments of motor vehicles.

Auto/truck fleet maintenance shops and garages means an establishment engaged in the repair, maintenance, service, storage, and general upkeep of fleet vehicles.

Average daily traffic means the twenty-four-hour weekday traffic volume.

Background traffic means the projected traffic generation from previously approved but incomplete projects as well as historic growth rates.

Bank means a financial institution that is open to the general public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities.

Banquet facility means a building leased or rented to the general public, and utilized for meetings, parties, receptions, meals, and similar group events, including accessory kitchen facilities.

Barrier means a fence, wall, berm, or other manmade structure built to provide screening or buffering for adjacent properties or to bar passage.

Bedroom means a room used for sleeping purposes with some degree of privacy, excluding communal areas.

Bed and breakfast means an owner-occupied single-family dwelling that offers transient lodging and meal services only to paying guests.

Beverage production means the production or manufacturing of nonalcoholic beverages, including soda, juices, and mineral water.

Bicycle parking space, class I means a completely enclosed parking space or controlled access area designated to prevent unauthorized entry or removal of bicycles.

Bicycle parking space, class II means a parking space which includes a device which locks both wheels and the frame. The user may have to provide the lock.

Bicycle parking space, class III means a parking space which includes a rack or other fixed object to which a bicycle may be secured with the user's own lock.

Block means a tract of land or group of lots bounded by streets, or by a combination of streets and parks, railroad rights-of-way, shorelines of waterways or other physical barriers or boundary lines of municipalities.

Block party means any temporary gathering of one street block other than arterial or collector streets in a residential zoning district that is closed to through traffic.

Board means the planning, zoning, and appeals board.

Boardinghouse means a single-family house, wherein furnished rooms without cooking facilities are rented for a valuable consideration to one or more individuals unrelated by blood or marriage to the owner or operator of the house, and where tenants are also served with meals prepared in one kitchen by the owner or operator of the house.

Boat building means the manufacture, construction, or fabrication of all or part of a marine vessel.

Boat and marine sales means an establishment engaged in the sales, rental, repair, maintenance, and service of watercraft, including power boats, sail boats, and personal watercraft, and the retail sale of items associated with boating and marine activities.

Boat repair means a commercial facility providing repair services for marine craft, in addition to such dry storage as may be normally accessory to the principal use.

Book shop means an establishment that sells books, magazines, newspapers, videos, tapes, CD-ROMs, and similar materials, and may include the sale of sexually oriented material, but is not regulated or considered an adult media shop as the book shop does not comply with the standards applicable to the definition for that use.

Build to line means the location on a lot or property where a principal wall or facade is to be constructed.

Building permit means the authorization by the building official to commence construction including utilities, infrastructure and work designed to alter land or vegetation.

Building, principal means the major or principal building or structure on a site, to which all other buildings are accessory.

Building site means a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use such that the customary accessories and open spaces belong to the site.

Buildout period means the anticipated time between the issuance of the development order and completion of a proposed project.

Business incubator means a facility dedicated to the start-up and growth of small business, accomplished in part through management and facility support systems. For purposes of this definition:

Management support systems include access to professional advice, and information on such topics as small business regulations, management, advertising, promotion, marketing, sales, inventory, employees, labor relations, and financial counseling; and

Facility support systems include clerical and reception staff, cleaning and building security, and access to a variety of electronic equipment, such as copiers, fax and facsimile machines, and computers.

Business, trade, and vocational school means a public or private institution which offers regularly scheduled classes and instruction of business, commercial, technical, and vocational subjects, including automotive and aircraft mechanical and technological skills, building and construction trades, business skills, computer technology, electronics, medical and dental technologies, personal services, and related crafts, professions, and skills.

Caliper or diameter breast height (DBH) means the diameter of a tree trunk measured at 4½ feet above the ground.

Camping cabin means structure utilized for transient lodging purposes located within a recreational vehicle park.

Carport means a shelter for one or more vehicles which is not fully enclosed by walls and one or more doors.

Carwash (automatic or self-service) means a building or area which provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical device.

Catering service means an establishment which prepares food and beverages for consumption at another location, and may include provision of personnel, equipment, and decorative services.

Cemetery means property used for interring the dead, and may include a chapel, mausoleum, or columbarium.

Certificate of concurrency reservation means a certificate approved by the growth management director which signifies proof of reservation of adequate public facilities to serve a proposed development or expansion of an existing development.

Certificate of occupancy means permission granted by the building official to occupy a building according to its permitted use.

Centerline of street means the center of the surfaced roadway or the surveyed centerline of the street as defined by the city engineer.

Central wastewater system means a wastewater system owned, operated, and maintained by the Seacoast Utilities Authority or other public or private entity.

Central water supply system means a water supply system owned, operated, and maintained by the Seacoast Utilities Authority or other public or private entity.

Certificate of completion means permission granted by the building official upon satisfactory completion of a building, structure, electrical, gas, or plumbing system. This certificate is proof that a structure or system is complete, and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a certificate of occupancy.

Certificate of completion (infrastructure permit) means that the improvements as permitted through the infrastructure permit is deemed substantially complete, by the city engineer, or designee, in conformance with the approved plans and specifications and is ready for its intended use.

Certificate of occupancy (land development) means permission granted by the growth management director, or designee, upon receiving a certificate of completion, which shall be granted upon the satisfactory completion of a building, structure, or any required site and land development improvements from a project's development order. This certificate does not grant authority to occupy or connect a building prior to the issuance of a certificate of occupancy issued from the building official.

Certification, DRC means an application for development approval is deemed by city staff to be consistent with all planning and zoning requirements, and can be scheduled for workshop and public hearing meetings.

Church or place of worship means any structure used primarily as a place of public or private worship on a permanent basis by a recognized and established religious sect or denomination and registered as a not-for-profit organization pursuant to section 501(c)(3) of the United States Internal Revenue Code, as amended.

City means the City of Palm Beach Gardens, Florida.

City attorney means an attorney appointed by the city council to furnish legal assistance to itself, city boards and commissions, and city staff.

City council means the governing body of the City of Palm Beach Gardens, Florida.

City engineer means an engineer appointed by the city council to furnish professional engineering assistance to itself, city boards and commissions, and city staff.

Clinic, medical or dental means an establishment which provides health services or medical or surgical care for outpatients only, and where overnight facilities are not provided.

Clinic, veterinary means an establishment which provides medical and surgical care for animals, and may provide overnight facilities.

Club, lodge, or clubhouse means buildings or facilities owned or operated by a corporation, association or person for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Code means the "Code of Ordinance of the City of Palm Beach Gardens," as amended, and includes land development regulations.

Cold storage facility means an establishment which provides refrigerated or frozen storage facilities for perishable goods and foodstuffs.

Collector street. See Street, collector.

College or university means an institution of higher learning offering undergraduate or graduate degrees, and including all academic, support, residence, maintenance, administrative, laboratory, scientific, athletic, and similar buildings or facilities.

Columbarium means a structure or building, which acts as a strictly accessory use to a church or house of worship or cemetery, substantially exposed above the ground, and which is used for the inurnment of cremated human remains.

Commercial/office plaza means a group of commercial and/or office uses planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaping areas, and pedestrian features provided on the property as an integral part of the unit.

Commercial vehicle means any motor vehicle having a carrying capacity of more than one (1) ton and/or a towed trailer, regardless of size, which is used for commercial purposes or has an outward appearance of being used in connection with a business, including, but not limited to, openly visible or unconcealed load of equipment, cargo, tools, construction materials, mounted accessories that a reasonable person would associate with commercial activity, or the display of a business name, logo, address, telephone number, or business license number. The use of canvas, tarpaulin, or other similar materials or similar covers does not constitute concealment as required herein. Such vehicle must be owned by the resident or be assigned to the resident by the business or entity which the vehicle serves, shall not be used for storage purposes, and is limited to one (1) such vehicle per residence.

Committed improvements means construction improvements scheduled to be made by one or more of the following means:

(1)

The funds for construction of new facilities are included in the adopted county five-year road program;

(2)

The funds for construction of new facilities are included in the adopted five-year state department of transportation improvement program;

(3)

An intersection or link or multimodal improvement for which a contract for construction, which is secured by performance security, has been executed and which, by its terms, requires that construction be completed within a specified period of time not to exceed six years;

(4)

An intersection or link or multimodal improvement which will be constructed pursuant to a road agreement and which, by its terms, requires that construction be completed within a specified period of time, not to exceed six years;

(5)

An intersection or link or multimodal improvement which is required to be constructed pursuant to a condition of a development approval and which has been secured by performance security;

(6)

Specific inclusion in the capital improvements plan of the city, where such improvements are to be completed within six years; or

(7)

For purposes of an application for development approval, an intersection or link or multimodal improvement that the applicant agrees to construct and guarantee through a condition of approval or road/multimodal agreement, such construction to be secured by performance security.

Common ownership means ownership by the same person, corporation, firm, entity, partnership, or limited liability corporation, unincorporated association or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.

Communication tower means a guyed, monopole or self-support tower, constructed as a freestanding structure or in association with a building, other permanent structure, or equipment, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, radio, or similar forms of electronic communication.

Community park means areas, recreational buildings, sports fields, senior citizen areas, or open spaces designed to serve a larger area of the community or groupings of neighborhoods. A community park includes all the facilities found in a neighborhood park plus more specialized facilities, including pools, softball/baseball fields, tennis courts, play areas, picnic areas, passive and active recreation areas, and recreation buildings.

Community residential home, type I means a dwelling unit licensed to serve clients of the department of children and family services, or successor agency, in a living environment of not more than six 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.

Community residential home, type II means a dwelling unit licensed to serve clients of the department of children and family services, or successor agency, in a living environment of not less than seven (7) but not more than 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.

Compatibility or compatible means land uses that are congruous, similar, and in harmony with one another inasmuch as they do not create or foster undesirable health, safety, or aesthetic effects arising from direct association of dissimilar, contradictory, incongruous, or discordant activities, including but not limited to the impacts of intensity of use, traffic, hours of operation, aesthetics, noise, vibration, smoke, hazardous odors, radiation, function, and other land use conditions.

Completely enclosed structure means a building enclosed by a permanent roof and by solid exterior walls pierced only by windows and customary entrance and exit doors.

Comprehensive plan means a plan which has been determined to be in compliance with the Local Government Comprehensive Planning and Regulation Act.

Concurrency means a condition where roadway (west of the Beeline Highway only), wastewater, solid waste, drainage, potable water, schools, and parks and recreation facilities have or will have the necessary capacity to meet the adopted level of service standards at the time the impact of a new or expanded development project occurs.

Condition of approval means any condition, stipulation, limitation, or other restriction that is imposed as part of a development order approved by the city council, planning, zoning, and appeals board, city staff, or any other city board or agency authorized to approve a final development order.

Conditional use means a use which would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would not be detrimental to the public health, safety, welfare, morals, order, comfort, convenience, or appearance, and which may contain conditions of approval required by the city council.

Consignment shop means a retail establishment where the operator receives goods and merchandise for display and sale from another individual, and will pay that individual only when the goods or merchandise is sold.

Construction cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildings on a project site, but excluding site infrastructure and parking garages.

Construction sign means a sign on any building site. This includes signs advertising the builder, contractor, developer, architect, engineer, planner, landscape architect, subcontractors, or other persons or artisans associated with construction.

Construction trailer means a mobile-type home, travel trailer, or truck trailer used as a construction field office or for storage of building materials.

Contiguous means lands that abut each other or lands deemed abutting if separated by streets, ways, easements, private road tracts, power lines, or rights-of-way under ownership of the applicant, a governmental agency or subdivision, or a public or private utility.

Contractor's storage yard means a facility or area for the storage of materials, equipment, and commercial vehicles utilized by building and construction contractors and tradesmen.

Convalescent facility. See Nursing and convalescent facility.

Convenience store means an establishment primarily engaged in the retail sale of convenience items, pre-packaged foods, beverages, tobacco, and other foodstuffs needed on a regular basis, and may include the retail sale of gasoline and diesel products.

Counseling service means an establishment composed of professionals such as psychologists who give advice or guidance in a specific area of expertise or knowledge to people, especially on personal problems.

County means Palm Beach County, Florida.

County engineer means the Palm Beach County engineer or designee.

Court, inner means any open space which is completely surrounded by a building.

Court, outer means an open space between one or more buildings on the same lot.

Crime prevention through environmental design (CPTED) is the effective and tactical use of design and built environment as a means to reduce the incidence and fear of crime.

Cul-de-sac means a local street with only one outlet and having a circular vehicular turnaround at the closed end for the safe and convenient reversal of traffic movement.

Cutoff luminaire means a light fixture containing various elements, including shields or reflectors which direct and cut off light at a specific angle as defined by IESNA. Typically, this type of fixture partially or wholly conceals the light source, thus reducing glare and spillover of light.

Day care, child or adult means any for-profit or not-for-profit facility licensed by the Palm Beach County Health Department and which provides care for a period of less than 24 hours a day to six or more adults or children under 12 years of age, not related to the operator of the center by blood, marriage, adoption, or foster care responsibility.

Day care, family means a for-profit or not-for-profit activity licensed by the Palm Beach County Health Department and conducted within a residential dwelling unit with an enrollment of not more than five children.

dBA means the decibel (dB) which is used to measure acoustic sound level, but it is also widely used in electronics, signals, and communication. dBA has an "A weighting filter" which is widely used when measuring sound levels, with dBA being used to mimic human hearing at sound levels up to loud noise levels (<90dBA).

Dedication means a conveyance of land to the public for a specified public purpose made by written instrument and accepted by a governmental agency.

Density means a measure of the intensity of land use and development per unit area of land, usually expressed as the number of dwelling units per gross acre.

Department means the growth management department of the city.

Department store means an establishment which sells a wide range of goods and services to the public, including but not necessarily limited to apparel, household and major appliances, linens, china and other household items, consumer electronics items, furniture, jewelry, shoes, sporting goods, specialty food items, travel services, optometrist services and eyeglasses, entertainment event ticketing, and other similar goods and services, and where the following conditions generally are present:

(1)

Sales are conducted within a single building or accessory structure to a single building;

(2)

Floor areas are divided into departments according to category of merchandise being sold;

(3)

Salespersons are employed to enter sales into cash registers and to assist the public within each department; and

(4)

The cash registers or actual points of sale are distributed throughout the store, usually with one or more points of sale within each individual merchandise department.

Developer means a person, partnership, corporation or other legal entity or a duly authorized agent who undertakes the development of land pursuant to these regulations.

Developer agreement means an agreement entered into by a developer, the city, or other relevant parties, pursuant to F.S. ch. 163 or F.S. ch. 380.

Development means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into two (2) or more parcels.

Development, as it pertains to art means any project to construct or remodel any private or public development, except residential and/or residential components of mixed-use development, or any portion thereof within the limits of the city, where total construction costs equal or exceed one million dollars ($1,000,000.00).

Development order application means a form provided by the growth management department that is to be completed and submitted to the growth management department in order for a project to be reviewed and considered by the city pursuant to development review procedures as provided in these land development regulations.

Development of regional impact (DRI) means a development as defined in F.S. ch. 380.

Development order means any order granting, denying, or granting with conditions an application for a development permit as defined in F.S. ch. 163.3164.

Development permit includes any building permit, rezoning approval, conditional use approval, planned unit development approval, planned community development approval, site plan approval, development order amendment, special permit, administrative approval, variance, temporary permit, or any other official action of the city having the effect of permitting the development of land.

Diameter at breast height (DBH). See Caliper.

Directly accessed means the link that serves as the project's immediate and direct access or means of ingress and egress. Each access point of a project shall be considered to have access to at least one link, provided that the access points of a project may be considered to share a common link. If a given access point is not immediately connected to a link, the first link connected shall be the link for the purpose of this definition. If a project access point is connected to more than one link, project trips shall be assigned to the links in accordance with accepted traffic engineering principles.

Directly accessible means having an entrance from any retail space, industrial bay, office space, or similar space directly to the exterior of a building. Spaces located off of common lobbies, interior ground floor hallways, or on floors above the ground floor shall not be considered directly accessible to the exterior of a building.

Discount department store means an establishment which sells a wide range of goods and services to the public at prices which are typically below retail, including but not necessarily limited to apparel, household and major appliances, linens, china and other household items, consumer electronics items, furniture, jewelry, shoes, packaged food and beverage items, small tools, paint and hardware items, sporting goods, travel services, optometrist services and eyeglasses, and other similar goods and services, and where at least four of the following six conditions are present:

(1)

Sales are conducted within a single building or accessory structure to a single building;

(2)

Floor areas are divided into departments according to category of merchandise being sold;

(3)

Shopping carts are provided for customer use in carrying merchandise in the store;

(4)

Merchandise is arranged predominantly in aisles to aid customers' use of shopping carts;

(5)

Customer shopping is self-service (i.e., salespersons are not employed or are limited to only a few departments such as consumer electronics or jewelry); and

(6)

The actual point of sale is via cash registers located at a centralized facility typically located near the exit doors at the front of the store, where the customer brings merchandise for the sales transaction.

Disturbed land means land that no longer supports the assemblage of dominant plant and animal species characteristic of native Florida ecosystems and if nurtured by man can never return to a habitat.

Dock, private means an accessory structure built on or over the water which is designed or used to provide anchorage for an access to one or more boats for private use and owned by the property to which the dock is accessory. A private dock may be provided with electrical, water, sewer, and related utilities.

Drip line means a vertical line extending from the outermost branches of a tree to the ground.

Drive-in facility means any use which by design, physical facilities, service, or procedure encourages or permits customers to receive services or obtain goods while remaining in their vehicles. This term includes drive-through and drive-up facilities.

Drugstore or pharmacy, general means a retail store which sells or dispenses drugs, including "controlled substances" as defined in F.S. ch. 893, pharmaceuticals, medical supplies, items for personal hygiene, and a wide variety of convenience or consumer goods such as beverages, pre-packaged foods, books and magazines, beauty products, tobacco products, and alcoholic beverages.

Drugstore or pharmacy, limited means a pharmacy which is limited to the sale of drugs, pharmaceuticals, and medical supplies.

Dry cleaning means a professional dry cleaning or laundry establishment serving individual or commercial customers.

Dumpster means a refuse, debris, trash recycling, trash compactor, or garbage container which is constructed so that such can be mechanically lifted from its stationary location and placed on a trash or refuse collection vehicle or emptied into an appropriate container.

Dwelling, mobile home means a detached, transportable, single-family dwelling unit, manufactured upon a chassis or undercarriage as an integral part thereof, without independent motor power, designed for long-term occupancy as a complete dwelling unit and containing all conveniences and facilities, including a kitchen, with plumbing and electrical connections provided for attachment to approved utility systems.

Dwelling, multiple family means a building containing three or more dwelling units, and each unit is designed for or occupied exclusively by one family.

Dwelling, single-family means a building containing only one dwelling unit designed for or occupied exclusively by one family.

Dwelling, two family means an building containing two dwelling units, each unit is designed for or occupied exclusively by one family.

Dwelling unit means a room or rooms connected together, constituting a separate, independent housekeeping establishment for a family, for owner occupancy or rental or lease on a weekly, monthly, or longer basis, that is physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping facilities and a minimum of one kitchen. Nightly rentals shall be considered hotel, motel, motor lodge, or tourist court.

Easement means authorization by a property owner for another individual, firm, corporation, or similar entity to use property for a specified purpose. An easement includes any identified and described strip of land created for public or private utilities, drainage, surface water management, access, or other specified use having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the plat, deed, conveyance, or other means recognized by the city attorney.

Ecosystem means an assemblage of living organisms (plants, animals, microorganisms, etc.) and nonliving components (soil, water, air, etc.) that functions as a dynamic whole through organized energy flows.

Electric automobile showroom means a retail sales showroom for the display of electric automobiles.

Electric automobile means an automobile propelled solely through the use of electric motors and motor controllers for propulsion and does not utilize any type of combustion or fuel cell to generate the electricity to power its electric motors. Electric automobiles are typically powered through a collector system by electricity from off-automobile sources, or may be self-contained with a battery, or solar panels.

Electric vehicle charging station means an element in an infrastructure that supplies energy for the recharging of plug-in vehicles.

Electronic repair means an establishment engaged in the maintenance, service, and repair of electronic equipment, including televisions, sound systems, and computers.

Employment office means an establishment providing employee recruitment services on a full time, part time, or temporary basis for professional, management, executive, administrative, and technical positions, but excluding day labor and labor pool offices for manual labor.

Endangered species, threatened species, and species of special concern (referred to as listed species) means plant or animal species listed as endangered, threatened, or of special concern by one (1) or more of the following agencies: U.S. Fish and Wildlife Service, Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission, Florida Committee on Rare and Endangered Plants and Animals, Treasure Coast Regional Planning Council, or the Florida Department of Agriculture and Consumer Services.

Engineer means an engineer licensed in the State of Florida.

Entry feature means a structure located at the ingress point to a development which contains certain decorative features such as landscaping, planters, rock formations, water features, or other details to provide for aesthetic improvements to a development entrance.

Environmental assessment means an assessment prepared in a professionally acceptable manner which shall include an identification and analysis of vegetation associations; topography; soils; elevations and flooding levels; drainage patterns; threatened, endangered, or rare species; an aerial photography map; and a description of the likely impacts of the proposed development on the resources features assessed.

Environmentally significant lands means geographic areas, two acres or more, which are certified or designated to contain native habitat or endangered, threatened, or species of special concern. A list of likely species within the city is contained within the city's comprehensive plan and is incorporated by reference. Specific habitats included within this definition are listed below:

(1)

Cypress or mixed hardwood swamp. Seasonally-flooded freshwater wetland dominated by cypress or nonconifers or a mixture of both. Typical hardwoods are red bay, red maple, willow, wax myrtle and dahoon holly.

(2)

Florida scrub. Xeric or low moisture ecosystem on former coastal dunes dominated in areas by sand pine or one or more species of oak.

(3)

Freshwater marsh. Wetland composed predominantly of herbaceous aquatic plants and shrubs. Can include a basin with peat substrate, sawgrass, cattail, or mixed emergents.

(4)

Low hammock. Upland nonconifer forest often found as a border between wet and dry ecosystems typically with a canopy of oak species and cabbage palm.

(5)

Mangrove swamp. Tidal or saltwater wetland occupied primarily by one of three species of mangrove.

(6)

Slough. Broad, shallow freshwater channel typically in association with wetlands with peat over mineral substrate supporting occasionally high concentrations of pond apple or water lily.

(7)

Tropical hammock. Upland nonconifer forest where the canopy is composed largely of a variety of tree species of tropical origin.

Equestrian arena, commercial means an establishment engaged in commercial spectator activities involving equestrian events, but excluding any establishment engaged in gaming, pari-mutual wagering, off-track betting, events or activities held or broadcast for similar purposes.

Erected means built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction. Excavation, fill, drainage, and the like shall be considered a part of erection.

Escrow means a surety posted with the city or city-approved escrow agent to secure the promise to perform required improvements or to otherwise guarantee or ensure completion of required acts or improvements.

Estate kitchen means a second kitchen located within a principal single-family residence. Conversion to a duplex is prohibited.

Excavation and fill operations means those physical activities, other than prospecting, surveying, and site preparation, which are utilized for the removal of soil on a parcel or tract of real property for the purposes of creating lakes, drainage ditches, canals, or similar waterways on such parcel or tract, and the transporting and relocation of such soil for the purpose of fill on the same parcel or same tract of real property, including the storage of excavated soil, the storage and disposal of associated wastes, and the creation or maintenance of any dam or pit associated with such excavation. This is a single, short term operation as part of the construction of an approved land development project and does not include a long term, ongoing excavation or extraction of soil or minerals for any purpose.

Existing peak hour directional traffic means directional traffic counted during the peak hours.

Existing daily traffic means average daily traffic counted.

Express or parcel delivery office means an office providing express parcel or delivery services to individual or commercial customers.

Express or parcel delivery distribution center means a facility which accepts from customers, sends, and receives parcels, packages, or mail, and distributes and picks up parcels, packages, and mail to and from individuals and commercial accounts.

Extermination service means an establishment engaged in elimination or extermination of insects, rodents, and similar pests or nuisances.

Face elevation means the portion of the exterior elevation of a tenant or occupant space which contains the principal entry door and is measured from the grade to the second floor line or top of parapet on one-story structures.

Family means one person or a group of two or more persons living together and interrelated by blood, marriage, foster care, or legal adoption, occupying the whole or part of a dwelling as a separate housekeeping unit., including non-paying guests and domestic servants. The term shall also include a group of not more than four persons not related by blood or marriage, living together as a single housekeeping unit in a dwelling.

Fence means a manmade barrier intended to establish a boundary or to enclose a specific area of land. The fence or barrier shall be made of materials designed to afford privacy, security, or channeling.

Fill means material soil, dirt, or other natural material used to increase the elevation of a building site.

Financial institution. See Bank.

Firewall means a fire-resistive wall, having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof.

Flag means a piece of freely waving fabric with a colors, symbols, or patterns.

Floodplain or flood prone area means a land area within the city subject to flood hazards as designated by the Federal Emergency Management Agency (FEMA) or by other applicable federal statute or agency.

Floor area, gross means the sum of the gross areas of all floors of a building, measured from the exterior faces of exterior walls or from the centerlines of walls separating two buildings. Gross floor area includes floor space in the following areas: penthouses, attic or loft space providing structural headroom of eight feet or more, floor space of interior balconies or mezzanines, atriums, lobbies; and other floor space used for dwelling or occupancy purposes, no matter where located within a building, including accessory buildings.

Floor line means the separation between two floors of a multistory building, where the story indicated is entirely above the floor line. For example, the fourth floor line is the separation between the third and fourth floor, the first floor line being grade level.

Floral or florist shop means an establishment which sells flowers, plants, floral arrangements, artificial flowers, and similar items on a retail basis.

Foot-candle (fc) means a unit of illumination, all points of which are one foot from a uniform light source equivalent to one candle in brightness or illumination.

Foundation area means an outside area within 15 feet of any structure.

Freight depot means an establishment where goods are received, stored, and transshipped to another location.

Frontage right-of-way facade means the portion of an exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building wall elevation which fronts on a right-of-way. Only one street facade may be designated as frontage street facade, unless the building shall be located on the corner of two rights-of-way.

Frontage, street means that portion of a parcel or lot abutting a public or private right-of-way.

Fruit and vegetable market means an establishment engaged in the retail sale of fresh fruits, vegetables, and related agricultural products.

Fuel center means a facility providing for the retail sales of auto fuels as an accessory to a membership club, retail or wholesale use. No convenience sales or auto service shall be provided with the fuel center accessory use. Note that tire and battery sales are considered as an ancillary use to the membership club, retail or wholesale use not associated with the fuel center.

Funeral home means an establishment engaged in preparing deceased human beings for burial, and managing and arranging funerals.

Garage, private means an enclosed accessory building or an enclosed portion of a main building used for the parking or storage of automobiles owned by the occupants of the main building, but excluding a carport.

Garage, public parking means a building or other structure which provides parking or storage for motor vehicles, excluding storage of inoperative motor vehicles. A public parking garage may provide required off-street parking space for uses located on the same lot or on a lot contiguous to the use the parking garage is intended to serve.

Glare means a bright light emitted from a light fixture or other light source which causes eye discomfort, and may reduce a viewer's ability to see, or may, in extreme cases, cause momentary blindness.

Golf course means a public or private area designed for executive or regulation play of golf, including accessory features and structures such as a clubhouse, maintenance building, driving range, restaurant, and lounge.

Government uses means land or improvements utilized for public purposes, including, but not limited to, a city hall, police station, fire station, branch courthouse, public office building, library, maintenance building, any accessory use, or establishment associated with employee-oriented services, etc.

Grade means a ground elevation established for the purpose of regulating the height of a building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground at each face of the building or as otherwise determined by the building official.

Grass means ground cover of the Gramineae family commonly grown yearend in south Florida for lawn cover.

Greenbelt or greenway means the landscaped or open space area between an artery and fronting development that provides a buffer, as well as aesthetic quality. The greenbelt includes right-of-way landscaping in the medians, swales and shoulders, as well as perimeter landscaping, planted setbacks, and other open spaces. Public amenities within the greenbelt are encouraged, including pedestrian and bicycle paths and facilities, transit stops, street furniture, lighting, and related amenities.

Grocery store, retail means a full service retail establishment that sells a wide variety of fresh fruits, vegetables, produce, meats, poultry, dairy products, baked goods, canned goods, commonly needed household goods and products, delicatessen items, and similar products used on a daily basis. A grocery store may also carry a variety of convenience foods, ancillary to its stock of basic food products.

Gross land area means the total area, including all public and private areas, within the legal boundaries of a particular parcel of land or project.

Ground cover means plant materials characterized by low, dense growth other than grass.

Grub means the removal or destruction of any type of vegetation from the land by means of, but not limited to digging, root-raking, chopping, or bush-hog shearing, excluding normal maintenance grass mowing.

Guesthouse or cottage means living quarters within a detached accessory building, excluding kitchen facilities, located on the same premises as the principal dwelling to be used exclusively for housing members of the family occupying the principal dwelling, or their nonpaying guests.

Guest cottage means accessory sleeping quarters provided for non-paying guests by the owner-occupant of the principal dwelling unit.

Habitat means the environment which supports and is codependent with native plant or animal communities.

Hardscape means nonliving items or material used outdoors in conjunction with landscaping, including benches and street furniture, fountains, trellises, arbors, rock, gravel, mulch, bark, walls, fencing, planters, etc.

Hardware, paint, glass, wallpaper and floor covering store means an establishment selling a variety of home improvement and construction products, including tools, fasteners, plumbing supplies, electrical supplies, garden supplies, paint, glass, wall paper, and floor coverings.

Hatracking means any of the following:

(1)

To flat-cut the top or sides of a tree, severing the leader or leaders, internodal cuts, or pruning a tree by stubbing off mature wood larger that three inches in diameter; or

(2)

To reduce the circumference or canopy spread of a mature tree by one-third or more.

Health, physical fitness, weight reduction means an enclosed facility providing equipment, classes, instruction, and similar assistance for conducting a variety of activities designed to improve health and physical fitness, including but not limited to aerobic exercises and dancing, weight-lifting, running, swimming, racquetball, handball, squash, weight reduction, and similar activities. Accessory uses, limited to patrons of the center, include babysitting, food and beverage service, and serving of alcoholic beverages. Fitness centers include dance instruction, and karate and similar types of self-defense training.

Hedge means a dense row of shrubs planted to meet visual screening requirements.

Height, building means the vertical distance measured from the existing average grade elevation at the base of the building to the highest point of a building or structure. Height shall be measured to the highest point of the following:

(1)

The coping of a flat roof;

(2)

The average height level between eaves and roof ridge or peak for gable, hip or gambrel roofs;

(3)

To the deck line for mansard roofs; or

(4)

Roof-mounted equipment which extends more than four feet above the highest portion of a roof.

Heliport means an area used for the landing or takeoff of helicopters or other aircraft capable of hovering, including the area or buildings which are appropriate to accomplish these functions, including refueling, repair, and short- or long-term parking of such craft.

Helistop or helipad means an area used for landing or takeoff of helicopters or other aircraft capable of hovering, excluding any facilities for repair, refueling, or short- or long-term parking.

Highway, limited access means an expressway for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or form, except at such points and in such manner as may be determined by the public authority having jurisdiction.

Historic monument or structure means any structure or building existing contemporaneously with and commonly associated with an outstanding event or period of history, and any structure or building in which the relics or mementos of such event or period are housed and preserved.

Historical traffic growth means an analysis showing the preceding three years' increase or decrease in average annual daily traffic on various links, based upon traffic counts, and which provides the information to be used in projecting the background traffic during the build out period of the proposed project.

Hobby, fabric, or craft shop means an establishment which sells goods and services normally associated with personal hobbies, fabric and related items for individual use, and craft items associated with recreational pursuits.

Home number and nameplate means a number or nameplate not more than three square feet in area indicating the apartment or house number, name, or location identification.

Home occupation means a commercial use conducted entirely within a dwelling, by one or more lawful residents of the dwelling, that is incidental and secondary to the use of the residential purpose of the structure, and does not provide external evidence of the nonresidential use.

Hospital means a building or group of buildings licensed by the state and having facilities for overnight care of one or more human patients, providing services to inpatients and medical care to the sick and injured, and which may include accessory facilities such as an emergency department with ambulance drop-off, administrative offices, laboratories, outpatient services, training facilities, central service facilities, and staff facilities.

Hotel, motel, motor hotel, motor lodge or tourist court means a building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with a daily charge, as distinguished from multifamily dwellings and rooming houses or boardinghouses, where rentals are for longer periods and occupancy is generally by residents rather than transients.

Housing for the elderly means a facility in the nature of a multiple-family dwelling, the occupancy of which is limited to persons of an elderly age, but where the occupants are generally able to care for themselves and do not require regular personal maintenance or nursing care. The housing may include a medical or nursing facility for the convenience of the occupants.

Hybrid automobile means an automobile that utilizes more than one (1) form of onboard energy to achieve propulsion, such as diesel-electric, gasoline-electric, and fuel cell vehicles. Typically, a hybrid will have a traditional internal combustion engine and a fuel tank, as well as one (1) or more electric motors and a battery pack.

IESNA means the Illuminating Engineering Society of North America.

IESNA-recommended practices means all lighting standards set forth in the most current publication from IESNA.

Impervious surface means any surface incapable of being penetrated by water under normal circumstances, including such surfaces as roofs, and areas paved or covered with concrete, asphalt, or similar materials.

Improvements or site improvements means any grading, filling, or excavation of unimproved property; additions or alterations to existing buildings or other structures requiring alterations to the ground; the construction of new buildings or other structures, including parking lots; and street pavement, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, signs, landscaping, or any other improvement required by these land development regulations.

Individual wastewater disposal system means a septic tank, or other wastewater disposal system, or any wastewater treatment device on site and serving a single lot.

Individual water supply system means a well or other water source on site and serving a single lot.

Indoor live entertainment means live entertainment that is provided inside a fully-enclosed building.

Inspection fee means a fee to be paid by the applicant to the city for the inspection of the required improvements.

Install means to erect or apply any kind of sign or advertising device.

Intensity means the specific use of land for a nonresidential purpose and the number of gross square feet housing or to be constructed to house such use.

Internal/intrazonal trips means trips from a proposed project that do not exit the project or enter the major thoroughfare system.

Junkyard means any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale, disposal, or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk. This term includes auto wrecking yards and salvage yards.

Kennel, private means any building or land designed or arranged for the care of dogs and cats belonging to the owner of the principal use which are kept for purposes of show, hunting, or as pets.

Kitchen means that portion of a dwelling or building used or designed to be used for the preparation of food, and designed to include refrigerators, stoves, and sinks.

Laboratory, general means a facility used for testing, research, experimentation, quality control, or prototype construction, excluding routine manufacturing, repair, maintenance, or similar activities.

Laboratory, industrial research and development means a facility utilized for research of an industrial or scientific nature, excluding testing and analysis of a routine nature.

Laboratory, medical or dental means an establishment to perform medical tests, or for the construction or repair of prosthetic devices, provided such testing or work is performed exclusively at the written order of a licensed physician or dentist.

Land means any real estate or real property lying within the corporate boundaries of the city, including such areas defined as "water," "marsh," or "swamp."

Land clearing means the removal or destruction of trees or vegetation.

Land development regulations means ordinances enacted by the city council for the regulation of any aspect of development and includes any zoning, rezoning, permitted uses, conditional uses, prohibited use, planned development districts, zoning districts, overlay zoning districts, subdivision, building construction, or sign, landscape, parking, land use, or similar regulations controlling the development or use of land.

Land surveyor means a land surveyor licensed and registered pursuant to F.S. Chapter 472.

Landscape architect means a landscape architect licensed and registered in the State of Florida.

Landscape maintenance service means an establishment engaged in the provision of landscape maintenance and installation services, but excluding the wholesale or retail sale of plant materials, lawn and garden supplies, and other equipment related to landscape maintenance and installation.

Landscape, nursery, and garden supplies means an establishment which sells trees, shrubs, ground cover, sod, and other types of plants, tools, lawnmowers and related power equipment, fertilizer and pesticides, garden furniture, mulch and other types of ground cover, and similar items used for landscape lawn maintenance and landscape purposes.

Landscape plan means a document or plan that graphically or in written text describes the preservation, installation, quantity, variety, quality, species, location, nature, irrigation, etc., of buffers, vegetation, plant materials, and hardscape elements to be placed on a particular site as part of an overall plan of development.

Landscaping means plant materials or combination thereof, including but not limited to grass, ground covers, shrubs, vines, hedges, trees, palm trees, and other living material.

Laundry and dry cleaning pickup station means an establishment which provides service for the pickup or drop-off of items to be laundered or dry cleaned, but where laundry and dry cleaning activities are not carried out on-site.

Laundry, linen supply and cleaning service means an establishment which provides on-site laundry, dry cleaning, and linen supply services.

Laundry, self-service means a business that provides home-type washing, drying, dry cleaning, or ironing machines for hire, to be used by customers on the premises.

Lawn mower sales and repair means an establishment engaged in the sale, service, and repair of lawn mowers, edgers, blowers, trimmers, and similar equipment used personally or professionally to maintain residential and nonresidential lawns.

Legal access means a dedicated or recorded right-of-way, land, place, alley, or easement, excluding utility or drainage easements, affording perpetual ingress and egress from a parcel to a public or private thoroughfare.

Legal positive outfall means a permanent, legally established means, including land reservation, ownership, grant of easement, etc., for the purpose of conveying stormwater discharge to a receiving water body or other receiving system.

Level of service means the measure of the functional and operational characteristics of a public facility in relation to a specified capacity.

Light fixture means a complete lighting unit or system, including lamps and all necessary electrical, mechanical, decorative, and structural elements or parts; also called a luminaire.

Light spillover means the shining of light produced by a light fixture beyond the boundaries of the property on which it is located.

Lighting zone means the area in which light intensities are calculated for the maximum to minimum uniformity ratio, the average initial or average maintained foot-candle, the maximum foot-candle, and the minimum foot-candle. The lighting zones shall include, but not be limited to, gas station canopies, vehicular-use areas, pathways, outdoor seating, landscape buffers adjacent to a property line, and parking areas.

Limb or branch means a secondary shoot or stem arising from one of the main axes, such as the trunk or leader, of a tree.

Limited access means a highway or freeway which does not permit access except at authorized and controlled points.

Link means the portion of a major thoroughfare between two major intersections.

Listed species means those species designated as endangered, threatened or of special concern.

Live entertainment means an act, performance, and/or production intended to entertain, create a diversion and/or amusement, and is actually being performed at the time of hearing or viewing; including, but not limited to, disc jockey performances, solo acts, bands, dance performances, theatrical and comical performances, whether amplified or non-amplified, which may be used in conjunction with a restaurant, cocktail lounge or other commercial establishment, wherein floorshows or other forms of entertainment consisting of one (1) or more persons, amplified or non-amplified, are provided indoors or outdoors.

Live-work means a use that is designed to accommodate an attached or detached building with residential uses, commercial uses, or a combination of the two (2) within individually occupied live-work units, all of which may occupy any story of the building.

Loading space, off-street means a specific location to accommodate loading and unloading of trucks in an off-street location, often provided in the form of one or more truck berths located either within a building or in an open area on the same lot.

Local planning agency means the Palm Beach Gardens Planning, Zoning, and Appeals Board which has been designated by the city council to prepare the comprehensive plan or plan amendments pursuant to the Florida Local Government Comprehensive Planning and Land Development Regulation Act.

Local street. See Street, local.

Lot means a tract, plot, parcel, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership, possession, or building development.

Lot, corner means a either a lot bounded entirely by streets, or a lot which adjoins the point of intersection of two or more streets. For the purpose of this definition, a street may be improved or unimproved with the right-of-way established by a plat or the comprehensive plan of the city or the county.

Lot coverage means the portion of the area of a lot expressed as a percentage, occupied by all buildings or structures, measured from the exterior walls, that are roofed or otherwise covered and that extend more than three feet above the surface ground level, excluding screen enclosures and swimming pools, but including detached garages and guesthouses.

Lot depth means the horizontal length of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line of the lot.

Lot frontage. See Lot lines, front.

Lot improvement means any building, structure, work of art, or other object situated on a lot.

Lot, interior means a lot other than a corner lot with only one frontage on a street.

Lot lines means the lines creating or forming the boundary of a lot as follows:

Front lot line means the lot line fronting the street right-of-way, except, in the case of a corner lot, the shortest lot line adjacent to a street right-of-way shall be the front lot line.

Rear lot line means the lot line opposite the front lot line. In the case of a lot irregularly shaped or pointed at the rear, the rear lot line shall be an imaginary line within the lot, not less than ten feet long, parallel to and at the maximum distance from the front lot line.

Side lot line means any lot line other than the front lot line or rear lot line. A side lot line located on a street right-of-way is a side corner lot line. A side lot line separating a lot from another lot is an interior side lot line.

Lot of record means a lot which is part of a plat recorded in the office of the clerk of the circuit court of the county, and existing as of August 18, 1994.

Lot, through or double frontage lot means any lot except a corner lot, having both the front and rear property lines adjacent to a public street.

Lot width means the horizontal distance between the side lot lines measured at right angles to the lot depth at the front building setback line.

Lumber yard and building materials means an establishment engaged in the sale of construction and home improvement materials, including tools, fasteners, plumbing supplies, electrical supplies, kitchen and bathroom fixtures, lighting supplies, garden supplies, paint, glass, wall paper, floor coverings, and related items.

Machine shop means a facility utilizing machinery and related equipment to manufacture, fabricate, or repair a variety of products made from metal, wood, plastics, or similar materials.

Machinery, tools, and construction equipment sales and service means an engaged in the sale, rental, maintenance, service, and repair of new or used machinery, tools, and construction equipment.

Maintenance tract means a tract of land provided for permanent access to a topographic feature, such as a lake, for all operation, repair, or maintenance activities associated with the feature.

Major intersection means the junction of two or more major thoroughfares.

Major site plan means a site plan that satisfies one or more of the following criteria:

(1)

The proposed development involves land and water area which exceeds three acres;

(2)

The proposed development is a residential project of more than 12 dwelling units;

(3)

The proposed development involves more than 30,000 square feet of nonresidential floor space; and

(4)

Any application the growth management director designates as a major site plan because the proposed development is part of a larger parcel for which additional development is anticipated that, when aggregated with the project in question, exceeds the limits provided herein.

Major thoroughfares mean:

(1)

All streets as defined in the Palm Beach County thoroughfare improvement map, as amended.

(2)

All roads that function as arterial and collector streets as determined by the city engineer in accordance with accepted traffic engineering principles.

(3)

All proposed and approved roads that would, if built, function as arterials and collectors during the buildout period of the proposed project as determined by the city engineer in accordance with accepted traffic engineering principles.

Management plan means a formally written instrument that describes the means or becomes the device to accomplish the desired preservation and maintenance of a specific tract of land or its plant and animal inhabitants.

Manufactured building means a building, excluding a mobile home dwelling, that consists of a closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, and other service systems, and is a finished building or part of a finished building, and may be used for residential or nonresidential purposes. Manufactured buildings are normally, although not always, fabricated offsite and installed or assembled on the building site.

Manufacturing, general means an establishment engaged in the manufacture or processing of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products or parts, generally from materials previously prepared. Manufacturing and processing includes the incidental storage, sales, and distribution of such products and parts, but does not include heavy industrial processing of materials.

Marginal access street. See Street, marginal access.

Marijuana means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or seed or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by an eligible patient, as defined in F.S. § 499.0295. Marijuana includes any strain of marijuana or cannabis, in any form, that is authorized by State law to be dispensed or sold in the State of Florida. Also referred to as "medical marijuana."

Marina, commercial means any facility intended for the storage, docking, fueling, construction, or repair of any type of marine craft.

Massage therapist means an individual licensed in accordance with the requirements of Chapter 480, Florida Statutes.

Master development plan means an overall concept plan for a planned community district, planned unit development district, or other planned development district that establishes its mix of land use types, including its levels of intensity and density.

Material means anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates and other latent representational objects.

Mayor means the chief executive officer of the city council appointed to serve as mayor of the city council pursuant to Section 4-3 of the Charter. The term "mayor" shall include the vice-mayor of the city council in the absence or disability of the mayor, pursuant to Section 9-1 of the Charter or, in the alternative, the chairman pro tem of the city council in the absence or disability of both the mayor and vice-mayor.

Mechanical equipment means necessary or accessory equipment mounted on or adjacent to a principal structure, including, but not limited to, central air conditioning equipment, ventilation equipment, heating equipment, generators, antennas, satellite dishes, window- or wall-mounted air conditioners, refrigeration equipment, solar and conventional hot water heaters, elevator machinery and equipment, backflow prevention devices, and meters and valves for public utilities.

Media shop means an establishment that may include sexually-oriented material but that is not regulated as under the provisions of these land development regulations, and may include the sale of sexually oriented material, but is not regulated or considered an adult media shop as the media shop does not conform with the standards applicable the definition for that use.

Medical marijuana treatment center-dispensing facility (MMTC-DF) means a retail establishment, licensed by the Florida Department of Health as a "medical marijuana treatment center dispensing facility," established by a licensed "medical marijuana treatment center," "dispensing organization," "dispensing organization facility," or similar use, that sells and dispenses marijuana, products containing marijuana, or related supplies, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of marijuana, marijuana products, or related supplies, and does not allow on-site consumption of marijuana or marijuana products.

Medical spa means a facility providing salon or spa services in conjunction with non-surgical esthetic medical treatments. Services may include hair, nails, waxing, eyelash extensions, permanent makeup, facials, massage therapy provided by a licensed massage therapist in accordance with the requirements of F.S. Ch. 480, laser treatment, IV treatment, injections, cryolipolysis (fat freezing), and similar types of non-surgical cosmetic services and treatments performed by personnel duly licensed to practice their respective medical or esthetic profession(s) in the State of Florida. A medical spa may include the accessory retail sale of items related to the service(s) or treatment(s) rendered.

Membership club, retail or wholesale means a general merchandise wholesaler, warehouse, or retailer that offers a variety of merchandise, as well as ancillary services, directly to its consumers through a membership-only program. Merchandise is generally sold in bulk quantities at discount prices to its members.

Microbrewery/craft brewery/brewpub means an establishment that produces fewer than fifty thousand (50,000) barrels of beer per year with seventy-five (75) percent or more of its beer sold off site, or an establishment that produces fewer than six thousand (6,000) barrels of beer per year, with fifty (50) percent or more of its beer sold off site. Microbreweries sell to the public by one (1) or more of the following methods: brewer to distributor to retailer to consumer, or directly to the consumer through carry-outs and/or on-site tap-room and/or restaurant sales. A microbrewery may also, in conjunction with the sale of beer, prepare and serve food. Distance requirements set forth in chapter 6 of the city's Code of Ordinances shall apply.

Miniwarehouse or self-storage facility means a building or group of buildings in a controlled-access compound that contains varying sizes of individual compartmentalized and controlled-access stalls or lockers for the storage of business or personal goods.

Minor site plan means a site plan that is not a major site plan.

Mitigation means an action or series of actions that will offset proposed adverse impacts to protected lands.

Mixed use means two or more different land uses located on the same parcel, and to be developed and operated as a single-entity.

Mobile food truck means a vehicle, including trailers and other conveyances regardless of the means of propulsion, that is used to vend food and/or beverage products and is classified as one (1) of the following:

(1)

Class I - Mobile Kitchens. These vehicles may cook, prepare, and assemble food items on or in the unit and serve a full menu. These vehicles may also vend the products permitted for Class II - Canteen Trucks.

(2)

Class II - Canteen Trucks. These vehicles vend pre-cooked foods, pre-packaged foods, pre-packaged drinks, and incidental sales of pre-packaged frozen dairy or frozen water-based food products, fruits, and vegetables. No preparation or assembly of food or beverage may take place on or in the vehicle; however, the heating of pre-cooked food is permitted. (Open flame and/or grease laden vapor is strictly prohibited.)

Mobile food vending vehicle means the sale of food from a motor vehicle, including trucks and trailer hitch units.

Mobile food vendor means a person who prepares, dispenses, or otherwise sells food from a mobile food truck.

Mobile home. See Dwelling, mobile home.

Mobile home park means a unified development of two or more mobile home dwelling sites arranged on a tract in accordance with these land development regulations and designed to accommodate mobile home dwellings for permanent residence, including any service building, structure, enclosure, recreation, community center, or other facility used as part of the mobile home park.

Mobile home stand means the central area where all utility services, including electricity, sewer, water, and telephone, for a mobile home are located.

Mobile home subdivision means a parcel of land subdivided into lots which are sold to mobile home owners for the purpose of placing mobile homes thereon for residential purposes, including any land, building, structure, or facilities used by occupants of mobile homes on those premises.

Model home means a dwelling unit used initially for a display purpose which typifies the type of unit that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.

Modeling studio means an establishment or business, which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photograph, painting, sketching, drawing, or otherwise.

Modular unit means a temporary, portable building composed of components substantially assembled in a manufacturing plant and transported for final assembly on a foundation.

Motion picture studio means an establishment engaged in the production and distribution of motion pictures, including pictures for television.

Motorcycle sales and service means an establishment engaged in the sale, rental, maintenance, service, and repair of new or used motorcycles.

Mulch means an organic topping such as wood chips, bark, or pine needles used in plant beds or around trees to reduce evaporation, retain moisture, prevent erosion, control weeds, enrich the soil and lower soil temperature.

Multimodal means the different modes of transportation, including, but not limited to, vehicular, bicycle, pedestrian, and transit.

National event means a special event of, relating to, or belonging to a nation as an organized whole.

Natural resources means an ecosystem component or attribute of unique or locally significant value to man and nature.

Neighborhood park means an area designed to benefit residents within walking distance and may include, but not be limited to, play areas, benches, open space, landscaping, walking trails, and picnic tables.

Net trips means project trips adjusted to account for pass-by trips, internal/intrazonal trips, previous approval trips, existing use trips and diverted trips.

New construction means construction which begins following the effective date of these revised land development regulations.

Newsstand or gift shop means an establishment primarily engaged in the retail sale of gifts, novelties, greeting cards, newspapers, books, magazines, tobacco, or similar items.

Night club, bar, or lounge means a building or portion of a building wherein liquor and alcoholic beverages are sold by the drink and consumed on the premises, and includes taverns, bars, lounges, and similar uses, and may include live entertainment, but excludes restaurants where the sale of food constitutes at least 50 percent of average annual gross revenue or uses which sell liquor and alcoholic beverages for off-premise consumption.

Nonconforming lot means a single lot, tract or parcel of land of record which was conforming at the time of its creation, but which fails to meet the requirements of this chapter.

Nonconforming building or structure means a building or structure which was conforming at time of construction, but which does not comply with the dimensional criteria established in this chapter.

Nonconforming premise means a premise which is nonconforming to the present requirements of this chapter due to non-structural site elements, including but not limited to the following: required parking and loading spaces; required dumpster or other trash receptacle space; vehicle stacking requirements; required access lanes; required screening, landscaping, or similar site improvements; pedestrian circulation; signs; site lighting; overlay district requirements; and required site improvements.

Nonconforming use means a land use which was permitted when established, but does not conform to the regulations of the zoning district in which it is located.

Nonconformity, dimensional means a lot, premises, structure, or building, or any combination thereof, which does not comply with one or more of the following: minimum building site area; minimum lot size; minimum lot width; minimum lot depth; minimum building setback; maximum lot coverage; maximum floor area ratio; maximum building height; minimum open space; minimum off-street parking; and any other similar dimensional criteria established by this chapter.

Nonresidential subdivision means a subdivision whose intended use is other than residential, such as commercial or industrial.

Notice means notifying the public of the time, date, and location of a public hearing by one or more of the following methods:

(1)

Publication in a newspaper of general circulation;

(2)

The provision of required mail notice; or

(3)

Posting property with signs provided by the city.

Nursing and convalescent facility means a facility licensed and regulated by the state that provides lodging and long term skilled nursing care for aged, chronically ill or convalescent patients, but excluding hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Nursery, wholesale means the wholesale of horticultural specialties such as flowers, shrubs, sod, and trees, mulch, and accessory hardscape materials such as decorative stones intended for ornamental or landscaping purposes.

Off-campus emergency department means an emergency facility affiliated with a hospital but located on separate premises from a hospital, providing 24-hour emergency medical services and care with ambulance drop-off.

Office, medical or dental means facility providing health care services to the public by physicians, dentists, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists (who are also known as health care practitioners), or others who are duly licensed to practice their respective medical or dental profession in the State of Florida, as well as others, including, but not limited to, technicians and assistants who are acting under the supervision and control of a licensed health care practitioner.

Office, business or professional means an establishment providing executive, management, and professional services to the public, including, but not limited to, the following: advertising services, business offices of private companies, business offices of utility companies, public or nonprofit agencies, trade associations, and employment offices (excluding day labor and labor pool services); professional or consulting offices for accounting, architecture, computer technology, design, engineering, landscape architecture, law, urban planning, and similar professions; property and financial management, real estate; secretarial and telecommunication services; and travel agencies. This definition does not include offices for the treatment of animals on the premises nor does it include medical or dental offices.

Off-site means any premises not located within the area of the property to be subdivided, whether or not in the common ownership of the applicant for subdivision approval.

Official zoning map means the official map upon which the boundaries of each zoning district are designated, as approved and adopted by the city council, made part of the official public records of the city, and which shall be the final authority as to establish or amend the zoning status of land and water areas, buildings, and other structures in the city.

Open space means an exterior open area, including open water bodies, clear from the ground upward and devoid of residential and commercial buildings, accessory structures, and impervious areas, except, however, those buildings and structures used exclusively for recreational purposes.

Open space, common means any open space under common ownership and control.

Optical, optician or optometrist office means an establishment offering patients medical services, examinations, and treatments, by professionals trained to provide optical, opticians, optometrist services.

Outdoor bar means an accessory structure attached to a primary bar or restaurant, or within close proximity to the primary bar or restaurant, which serves food and/or beverages.

Outdoor live entertainment means live entertainment that is provided outside a fully-enclosed building or inside the building, but intentionally audible outside the building.

Owner means any person, corporation, partnership, or other legal entity or combination of two or more of such having legal title to or a sufficient proprietary interest in land as evidenced by deed of record. The term "owner" may also include any agent acting on behalf of the owner pursuant to valid authority provided by the owner.

Palm means any of various plants of the Palmaceae family, characteristically having unbranched trunks with a crown of large pinnate or palmate leaves.

Parcel means:

(1)

Any contiguous land area capable of being described such that its location and boundaries may be established; or

(2)

Within a PCD or PUD, a designated quantity of land to be used or developed as a single unit.

Park means property owned by the city, county, or other governmental agency, whether developed or undeveloped, which is open to the general public for passive or active recreational purposes, or for some other form recreation, conservation, or preservation.

Parking lot means any area, constructed at grade, upon which provides for the temporary parking of vehicles, and includes all vehicle use areas, such as aisles, ramps, and maneuvering areas.

Parking space, off-street means a surfaced or grassed area, accessible from but not located on a street, that is sufficient in size and intended for the parking of a motor vehicle.

Pass-by trips means trips generated by a proposed project which are passing trips already on the road link on which the proposed project is located, not new trips.

Passenger station means a location where commercial transportation for passengers, including bus, train, and mass transit, is scheduled to arrive and depart on a regular basis.

Pathway means a pedestrian or bicycle path within or connected to the parkway system which provides an alternative mode of transportation, linking neighborhoods, schools, shopping, parks and open spaces, including preserve areas.

Pawn shop means a business wherein money is loaned on deposit or pledges of personal property or other valuable items.

Peak-hour directional traffic volume means the weekday traffic in the peak hour in one direction.

Peak season means the time from January 1 through March 31, inclusive, each year.

Pedestrian-oriented ground floor uses means those establishments providing for the retail sale of goods and services to pedestrians, including, but not limited to, restaurants, appliance and electric repair, bars and lounges, bicycle sales and rental, book sales, florists, fruit and vegetable markets, gift shops, grocery stores, hardware stores, newsstands, office supply, sporting goods, tobacco shops, toy stores, video stores, and other similar uses.

Performance surety means sufficient funds irrevocably committed by written instrument approved by the city attorney, or cash escrow to secure complete performance of a contract, or condition of a development order, or road/multimodal agreement.

Pergola means an accessory structure consisting of columns that support a roofing grid of beams and rafters, which may or may not be covered with a solid roof.

Perimeter street. See Street, perimeter.

Perimeter wall means a structure surrounding all or a portion of a development, parallel to or abutting property lines.

Permanent control point (PCP) means a permanent control point as set forth and defined in Chapter 177, Florida Statutes.

Permanent reference monument (PRM) means a permanent reference monument as set forth and defined in Chapter 177, Florida Statutes.

Permitted structure means a structure meeting all requirements established by this chapter for the zoning district in which the structure is located.

Permitted use means a use meeting all the requirements established by this chapter for the zoning district in which the use is located.

Person means any individual or group of individuals or any corporation, general or limited partnership, joint venture, unincorporated association, or governmental or quasi-governmental entity.

Personal services means an establishment providing services of a personal nature that may be necessary on a frequent or recurring basis. Personal services are services that rely on the unique mental or physical skills of a person, instead of a salable product resulting from their skills, typically in exchange for payment. Personal services may include the accessory retail sale of items related to the service(s) rendered.

Pet, household means animals, including dogs, cats, fowl, fishes, or reptiles, kept as part of and subordinate to a residential use. Poultry, hoofed animals of any type, predatory animals such as lions, tigers, ocelots, pumas, and the like, or any animal which is normally raised to provide food for people shall not be considered to be household pets.

Photometric plans means a lighting plan that indicates the light intensity in foot-candles on a specific site, and shall include, but not be limited to, the maximum to minimum uniformity ratio, the average initial or average maintained foot-candles, the minimum foot-candle, the maximum foot-candle, details of any proposed light fixtures, and points of calculation for foot-candles.

Pickup truck means any motor vehicle designed primarily for the transportation of property or cargo within a permanently attached open cargo box and having a rated carrying capacity of one (1) ton or less. A pickup truck which is equipped with a standard flatbed topper which does not exceed the height of the cab portion of the vehicle by more than twelve (12) inches shall not be considered a commercial vehicle.

Place of assembly means a building or portion of a building in which facilities are provided for civic, fraternal, educational, political, religious, or social purposes.

Planned community development (PCD) means a development encouraging creativity and imagination in the planning and development or redevelopment of large tracts of land for various uses and activities associated with a planned community under one (1) master plan that may include a mix of land use types at different levels of intensity. May also be referred to as planned community district.

Planned development means a planned community district or a planned unit development, or a subdivision that has a Homeowners Association (HOA).

Planned development area (PDA) means a contiguous undeveloped land area under unified ownership that is established as a holding zone until the landowner or developer is prepared to develop the land and propose a development plan consistent with the city's comprehensive plan and land development regulations.

Planned unit development (PUD) means a land area under unified control, utilizing creative design techniques to preserve natural resources, encourage efficient use of land, and benefit the community, designed and planned to be developed or redeveloped in a single operation or by a series of prescheduled development phases according to an officially approved final development plan that is consistent with the city's comprehensive plan and land development regulations.

Planning, zoning, and appeals board means the commission, appointed by the city council consistent with the requirements of section 2-156 of the City Code, to act as the advisory body to the city council in the review of applications for development order approval.

Plat means a map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and including other information as required by the applicable laws of the state and the city's subdivision regulations, and which has been placed in the official records of the county. The term "plat" includes the terms "replat," "amended plat," or "revised plat."

Plat, boundary means a map or delineated representation for recordation of a single lot, parcel, or tract of land for development purposes, and prepared, approved, and recorded in accordance with requirements and procedures for a bound plat pursuant to F.S. ch. 177, and may include the terms replat, amended plat, or revised plat.

Plat of record means a plat which conforms to the requirements of the applicable laws and placed in the official records of the county.

Plat, preliminary means a copy of the plat in sufficient form to readily compare the plat with the master plan and construction plans.

Pool hall or billiard parlor means a business wherein billiard or pool tables are provided as a form of recreation to members of the general public.

Portable storage unit means any portable, above-ground containers, including, but not limited to, any storage component of a portable storage or moving system or other containers used for temporary storage of personal property, household goods, or other materials whether or not the component is on wheels or requires transportation via motor vehicle. Portable storage units are intended only to be used for short-term storage.

Post office means a facility operated by the U.S. Postal System for the collection and distribution of mail, and the sale of goods and services related to the U.S. mail system.

Post office, accessory means a limited facility, usually located in proximity to a public or quasi-public use, which provides for the receipt of mail and sale of a limited number of postal items such as stamps or envelopes.

Preserve means an area designated and set aside for the protection of natural resources.

Previously-issued development order means a development order issued prior to the effective date of these land development regulations.

Primary arterial. See Street, arterial.

Primary entranceway means a paved facility, including parking areas, sidewalks, plazas, and courtyards, which provide vehicular or pedestrian access to a building entrance.

Principal tenant means an occupant of either the entire building or a portion of a building, identified specifically at time of sign construction by the developer to the principal tenant.

Printing and publishing means an establishment providing retail photocopy, reproduction, blueprinting, or related services.

Project means a land use or group of land uses or land development activities or amendment thereto, which require the issuance of a development order.

Project traffic/project trips means the number of trips generated by a proposed project, less pass-by and internal/intrazonal trips. If no specific use, size, or density is proposed, the maximum trip generation possible under the development order shall be utilized.

Property owners' association means a nonprofit corporation under the laws of Florida, operated under recorded land agreements through which each owner of a portion of a subdivision, be it a lot, home, property, or any other interest, is automatically subject to a charge for a prorated share of expenses, either direct or indirect, for maintaining common properties within the subdivision, such as roads, parks, recreational areas, common areas, or other similar properties. Within the text of these regulations, a property owners' association is considered a single-entity for property ownership.

Proposed project means a project for which an applicant seeks the issuance of a development order.

Protected species refers to official federal, state, or international treaty lists which provide legal protection for rare and endangered species.

Prune means to cut away, cut off, or cut back, or remove parts of a tree, palm, or other vegetative matter.

Public hearing means a meeting of the city council, planning, zoning, and appeals board, or other bodies appointed by the city council which has been scheduled, advertised, and properly noticed for the purpose of receiving public comment.

Public infrastructure means all utilities, drainage and surface water management systems, roadways, sidewalks and pathways, recreation facilities, and related improvements or appurtenances that are available for use by the public or are constructed to serve a public need, regardless of the ownership of the infrastructure.

Public park means any publicly-owned park, playground, beach, parkway, recreation area, or open space.

Public road right-of-way means such right-of-way owned or dedicated to the city or any other governmental entity.

Public utility means any public or private utility, including overhead or underground distribution systems, providing a public service, and including but not limited to the following: surface water management, wastewater collection and treatment, electric power, water supply, natural gas service, cable television, or telephone service, but excluding wireless telecommunications.

Quality of service (QOS) standard means standards for multimodal facilities based on user experience. These standards are related to the width of a facility, separation from vehicular traffic, availability of shade trees, and frequencies and spans of service for transit.

Radio/television broadcast studio means an establishment that broadcasts live or pre-recorded radio or television programs.

Radius of development influence means the area surrounding a proposed project in which the proposed project's traffic is assigned to major thoroughfares. The maximum radius of development influence for specific types of proposed projects shall be five miles. The distance shall be measured in road miles from the proposed project's points of ingress and egress, not as a geometric radius.

Recreation center, public means a property or building, owned by the city, county, or other governmental agency, which is open to the general public for passive or active recreational purposes, and may include swimming pools, tennis courts, activity buildings, and similar uses.

Recreation, commercial indoor means an establishment which offers commercial recreational activities in an enclosed structure, including bowling alleys, bingo parlors, and billiards parlors, but excluding movie theaters, health and fitness facilities, and indoor gun clubs or facilities.

Recreation, commercial outdoor means an establishment which offers commercial recreational activities where all or part of such activities occur outdoors, including archery ranges, athletic fields, batting cages, golf driving ranges, tennis courts, miniature golf courses, swimming pools, and tennis courts, but excluding go-cart tracks, gun clubs, and jet skiing.

Recreation vehicle means a camper, trailer, pickup camper, bus, or other vehicle with or without motor power, designed and constructed to travel on public thoroughfares without special permit in accordance with the vehicle code of the state.

Recreational vehicle (RV) means a vehicle which is designed, constructed, or equipped as a dwelling place, living quarters, or sleeping place, whether temporary or permanent, and which may be used on public roadways. Such a vehicle may include those which are motorized, as well as those which are designed to be mounted on or drawn by another vehicle. The term "recreational vehicle" may include, but is not limited to, a travel trailer, camping trailer, camper, truck camper, motor home, motor coach, park trailer, mobile home, or other covered vehicle type.

Recreational vehicle park means an area designed and developed to be utilized by the operators of recreational vehicles and camping cabin guests for overnight parking and lodging on a short term, transient basis.

Region means the Treasure Coast area of the state.

Regional event means an event at which attendees are from a pre-determined geographical area, such as southeast, and over half of the participants live within four hundred (400) miles of the location.

Residence. See Dwelling unit.

Residence hall or dormitory means a building associated with a college, university, or vocational school which provides long term lodging to students registered at and attending such institutions of higher learning.

Residential district means any property with a residential future land use designation or zoning district designation or any residential portion of a PUD or PCD. In respect to the lighting regulations contained in this chapter, residential units in an approved mixed-used project are exempt.

Responsible party means the owner, applicant, contract purchaser, or other individual or individuals requesting approval of a subdivision or boundary plat, and who is responsible to ensure required infrastructure improvements are installed.

Restaurant, general means an establishment, including a cafeteria, where food is ordered from a menu, prepared and served for pay primarily for consumption on the premises in a completely enclosed room or structure.

Restaurant, fast food means an establishment where food and beverages are consumed either on- or off-premises, and food and beverages are primarily pre-cooked, pre-packaged, served in disposable wrapping and containers, and orders are taken at a counter or drive-through facility.

Restaurant, specialty means an establishment that sells a limited variety of food and beverages that generally are prepared to order and consumed on-premises, and are typified by ice cream shops, health food shops, coffee shops, doughnut and bakery shops, delicatessens, and similar types of establishments.

Restaurant, quality means an establishment where food and beverages are prepared and consumed on-premises, alcoholic beverages may be served, and often characterized as being open only for lunch and dinner, with a lower rate of turnover of clients.

Restaurant, take out means an establishment where food and beverages are served to be consumed off-premises.

Restoration/creation (referring to upland preservation) means upland areas that, due to the area's environmental degradation, have the soil and some remnant vegetation associated with a known natural upland community, which can be artificially reestablished to function like an upland community to meet or exceed environmental requirements.

Retail, general means those establishments engaged in retail sales and rental of products, including apparel for women and men; appliance sales; auto parts store; book stores; business machines and office equipment sales; camera and photography sales and service; candy, nuts, and confectionery sales; fabric stores; floor covering sales; food stores, excluding convenience stores; furniture stores, hardware and building supply sales; household goods; lawn and garden sales, including lawnmowers; leather goods and luggage stores; liquor and package sales; marine equipment sales, excluding boats and personal water craft; music and musical instrument sales; newsstand and cigar sales; optical goods; pet shops; shoe stores; sporting goods; tobacco shops; toy stores; and similar uses as may be determined by the growth management director.

Rezoning means a change in the current zoning classification of a property to a different zoning classification.

Ridge means the highest point of a roof composed of sloping sides.

Right-of-way means a strip of land, dedicated or deeded to the perpetual use of the public, occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water supply main, sanitary sewer, storm drain, or for any other special use.

Right-of-way means, for platting purposes, that every right-of-way established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water supply mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

Road/multimodal agreement means an agreement of which the board of county commissioners or city is a party that ensures construction of major intersections or links or multimodal improvements.

Rooming house means a single-family house, wherein furnished rooms without cooking facilities are rented for a valuable consideration to one or more individuals unrelated by blood or marriage to the owner or operator of the house.

Sale or lease means any transfer of ownership or any possessory interest in land, including contract of sale, lease, devise, intestate succession or other transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot and block description.

Sales trailer means a temporary, portable building or mobile home used as an information dissemination center for the purposes of selling or leasing a residential or nonresidential project.

Satellite college or university. A location that offers remote day and/or evening educational classes that follow the same curriculum established by the main college or university to which the satellite location is ancillary. All activities and facilities normally considered accessory to the main campus, such as dormitories, lunchrooms, bookstores, gymnasiums, playgrounds, and athletic fields which are customarily owned and operated by the main college or university facility and used in connection therewith, shall be excluded from the satellite university location.

School, public or private means lands and buildings operated by the county school district or other public entity, for educational or training purposes, as follows: (a) elementary school, (b) middle school or junior high school, (c) high school, (d) vocational school, or (e) college or university.

Screen means to partially or totally conceal from public view.

Seasonal lighting means the temporary installation of exterior lighting for the commemoration of one or more holidays.

Security lighting means lighting that is provided either from dusk to dawn or when a business operation is closed which is at least 50 percent of the required light level (including the minimum average maintained, maximum average maintained, and maximum allowed).

Self service storage means a facility consisting of individual, self-contained units that are leased for the storage of business, commercial, or personal goods and belongings. The facilities may offer access via a limited number of access points or via a large number of doors or access points to individual bays. Facilities may include security quarters.

Semitrailer means any vehicle designed to be coupled to or drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle.

Semitruck means any motor vehicle designed, intended, or used to draw a semitrailer.

Setback means a required open space unoccupied and unobstructed by any structure or portion of a structure above the general ground level of the graded lot upward, except for fences, walls, and other customary yard accessories as provided in these regulations.

Front setback means the lot area extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.

Rear setback means the lot area extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.

Side setback means the lot area between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot to the nearest point of the main building.

Side corner or side facing street setback means the lot area between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between a street right-of-way and any structure or any projections thereto.

Setback, building means the shortest distance between the building or structure and the property line, whether front, side, side corner, or rear, measured from the lot line to the nearest vertical exterior walls.

Setback, required means the minimum lot area as specified in these regulations for front, side, and rear yards, as distinguished from any yard area in excess of the minimum required.

Shade tree means a tree which, by virtue of its natural shape, provides at maturity a canopy with a minimum diameter of 25 feet.

Shared parking means a technique which allows two or more discrete, complementary uses possessing clearly different periods of peak parking demand to utilize the same parking spaces, and resulting in a net decrease of required parking spaces when calculated separately.

Showroom, general means an establishment where merchandise or services are displayed for advertising or sale purposes.

Shrub means a self-supporting woody plant of relatively low height and several stems.

Sidewalk means that portion of a street between the curbline or the lateral line of a roadway and the adjacent property lines, intended for use by pedestrians.

Sight distance means the extent of unobstructed vision in a horizontal and vertical plane along a street located at any given point on the street.

Sign means any exterior identification, description, illustration or device which directs attention to a product, service, place, activity, person, establishment, institution or business; or any emblem, painting, banner, pennant or placard designed to advertise, identify or convey information.

Sign area means the background area upon which the sign or advertising is placed.

Sign, abandoned means a sign advertising a business, service, or activity that is no longer licensed, no longer has a certificate of occupancy, or is no longer active at that location.

Sign, animated means a sign with action or motion using electrical energy, electronic, or manufactured sources of supply or wind-actuated elements, including rotating, revolving, or flashing signs.

Sign, automatic teller machine (ATM) means signage integrated into the design of an ATM, identifying the business name, logo, and/or services.

Sign, banner means any permanent or temporary sign made or constructed of fabric, plastic, or similar materials that contains distinctive colors, symbols, or patterns, and normally is freely waving, temporary in nature, displayed outdoors, and containing commercial or noncommercial advertising, information, or lettering.

Sign cabinet means the structure, usually made of wood, plastic, metal, or some combination thereof, which contains one or more sign faces.

Sign, canopy, or brow means a sign installed, attached, or otherwise affixed parallel to the façade of an architectural canopy or brow at the entrance to a ground-floor tenant space.

Sign, changeable copy means a sign which is characterized by changeable copy of letters or numbers, regardless of method of attachment.

Sign, development means a temporary sign advertising the sale or rental of structures under construction and located on the site of the project or development.

Sign, directional means any sign permanently or temporarily located within a right-of-way and erected by or with approval of the city or any authorized government agency to denote the following:

(1)

Signs of routes to any city, town, village, historic place, or hospital;

(2)

Signs directing and regulating traffic;

(3)

Notices of any railroad, bridge, ferry, or other transportation;

(4)

Direction of safety of aviators as to locations, direction and landings and conditions affecting safety in aviation; or

(5)

Signs, notices, or symbols as to the time and place of civic meetings.

Sign, directional, on-site means a sign conveying instructions, but no advertising, with respect to the premises on which it is located, including such information as "exit" and "entrance," "drive-in" teller for banks; menus for drive-in restaurants; gasoline pump island direction; or any other improvement required by the land development regulations.

Sign, event signage means temporary signage used to notify the public that a special occasion and/or a special sale is taking place but does not meet the definition as a special event.

Sign, flashing means any sign used for identification, directional, advertising, or promotional purposes that includes approved lighting fixtures which flash, blink, cut on and off intermittently, and are used as exterior or other signs visible from the public right-of-way.

Sign, gas station canopy means a sign installed, attached, or otherwise affixed parallel to the façade of the gas station canopy structure.

Sign, general product means a sign which advertises a product commonly available at a variety of commercial or retail establishments, including but not limited to alcoholic or nonalcoholic beverages, tobacco products, food products, candies, auto parts and accessories, clothes, etc.

Sign, ground means a sign supported by and affixed to a base comprised of materials of a permanent nature permanently located on or in the ground with such base not to be in excess of two feet of height of surrounding ground level and wholly independent of any building for support.

Sign, human (or living sign) means any sign or any form of commercial message held by or attached to a human or character (animated or otherwise) for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service, or product. This can also include a person or a live or animated character dressed in costume or wearing a commercial message for the purpose of advertising or drawing attention to an individual, business, commodity, service, or product.

Sign, illuminated means a sign in which a source of light is used in order to make the message readable and shall include signs with internal backlighting or external backlighting.

Sign, interior means a sign inside a building that is not attached to a window or door that is not visible from a public right-of-way.

Sign, menu board means an outdoor sign, including a speaker, associated with a drive-through window or facility, which provides the list of available foods and food prices.

Sign, menu means an outdoor display of a restaurant's menu or offerings, attached to a wall or facade.

Sign, nonconforming means a sign which does not conform to the height, type, setback, size, location, use, operating characteristics, or structural support established as of the effective date of this chapter.

Sign, off-premise means a sign which advertises or announces merchandise, products, business, goods, entertainment, or services which are not available on the site on which the sign is located.

Sign, parking garage means a sign installed, attached, or otherwise affixed to the wall or façade of a parking garage, the primary purpose of which is identification, way finding/directional, and/or clearance.

Sign, pole-mounted banner means signage that has letters, illustrations, or drawings that are applied to fabric, vinyl, or similar material and is attached to a street pole or light pole in accordance with section 78-292.

Sign, political means a sign designed and used for the purpose of soliciting support for or opposition to a candidate, proposition, or referendum at a public election.

Sign, real estate means any sign installed by a property owner or agent on a temporary basis, advertising the real property upon which the sign is located to be for rent, lease, or sale.

Sign, right-of-way banner means signage that has letters, illustrations, or drawings that are applied to fabric or vinyl and are attached to a street pole or light pole in the public right-of-way, the placement of which has been properly permitted by the government agency that owns the right-of-way.

Sign, snipe means an off-premise sign made of any material, including but not limited to wood, paper, cardboard, plastic, and metal, which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, fences, or other similar objects.

Sign, special events means a temporary sign advertising or announcing any civic, patriotic, or special event of public interest.

Sign, temporary means a sign installed for a limited amount of time, and may include banners, flags, streamers, and pennants as approved by the city, or is attached to a wooden, plastic, or similar pole that is stuck into the ground

Sign, time and temperature sign means a display containing numerals alternately showing the time or temperature.

Sign, traffic control means a sign or signal for the control of vehicular, railroad, pedestrian, boat, or bicycle traffic, as authorized by the state or the city.

Sign, wall (flat wall sign) means a sign installed, attached, or otherwise affixed parallel to the wall or facade of a building, and may include murals if approved by city council.

Sign, window means a sign painted on, hung inside, or adjacent to a window, and intended to be viewed from the outside.

Sign, window area means that area of a window upon which a sign message is placed, which shall include framing with interchangeable or painted letters. If a logo or figures are used in lieu of letters, the measurements thereof shall be made on a rectangular basis using the most outer point thereof for determination of gross sign space utilized.

Site plan means a graphic and informational representation of any land usage, except a single-family residence, within a single parcel that meets the requirements established in the city's land development regulations.

Speakers means an electro-acoustic transducer that converts electrical signals into amplified sounds.

Special event means a temporary meeting, activity, gathering, or group of persons, animals, or vehicles (including mobile food vending vehicles), or a combination thereof, having a common purpose, design, or goal that will affect or impact the ordinary and normal use by the general public upon any public or private facility, street, sidewalk, alley, public or private area, or building where the event substantially inhibits the usual flow of pedestrian or vehicular traffic, and is not the type approved for, or customarily associated with, the site upon which the event is located. A special event is not a normal business sale event or similar activity for commercial and/or office establishments.

Specialty pet boarding means a commercial establishment that provides high quality, cage-free accommodations and other indoor recreational and service amenities, including, but not limited to, grooming, training, and socialization, for household pets (See Pet, household) on a short-term, daily, or weekly basis.

Specialty retail means commercial establishments selling, at retail prices, items which fit into a single merchandise category or groups of categories and whose merchandise lines are more limited or focused in scope or include items which are not typically found in department stores or discount department stores. Examples of specialty retail uses include but are not necessarily limited to individual stores limited to the sales of items from merchandise categories such as personal gifts, luggage, high-fashion apparel and accessories, computers and related equipment and supplies, home electronic equipment, housewares, linens, jewelry, gourmet foods or wines or liquors, books, and china and crystal.

Specimen tree, plant, or palm means a tree, plant, or palm that is special for the reasons of uniqueness, quality, size, and shape, excluding exotic invasive species, listed in the city's landscaping regulations.

Stable, commercial means an establishment for the breeding, boarding, training, or raising of horses not necessarily owned by the owners or operators of the establishment, including the rental of horses for riding or other equestrian uses not including commercial spectator activities.

Stable, private means the breeding, boarding, training, or raising of horses owned by the occupants or owners of the premises.

Stadium or arena, public or private means an open or enclosed facility owned, by a public or private entity or organization, which provides a venue for spectators to observe amateur and professional sports and athletic competition, live performances, community events, and other types of events open to the public.

Step van means any motor vehicle having a generally rectangular bulk, designed and manufactured primarily as a commercial delivery or service truck, and characterized by having sufficient headroom for an adult six (6) feet in height to stand upright.

Story (floor) means that portion of a building included between the surface of any finished floor and the surface of the next floor above it or, if there is no floor above it, the space between the floor and ceiling above it.

Streets and roads. The following definitions are applicable to streets and roads within the city.

Arterial, major or principal means a road designed to carry relatively high traffic volume, for long distances at high operating speeds, with somewhat limited points of access.

Arterial, minor means a road that emphasizes through traffic movement similar to a major arterial, but provides a greater number of access points.

Collector, city means a road which carries a moderate traffic volume, over moderate distances, and at moderate speeds. City collectors collect and distribute traffic between major and minor arterials.

Collector, neighborhood means a road which carries a moderate traffic volume, over moderate distances, and at moderate speeds. Neighborhood collectors collect and distribute traffic between local roads and city collectors and minor arterials.

Limited access facility means a road specifically designed for long distance travel, with access points limited to specific locations.

Main street means a pedestrian-oriented retail road.

Parkways mean road which function as a major arterial, but are designed with extensive rights-of-way to allow for sidewalks and bicycle paths, special landscape treatment, and corridor buffers.

Primary street means a street which is a regional arterial, providing intercity movement of people, goods, and vehicles, such as PGA Boulevard, Alternate A1A, Military Trail, the Florida Turnpike, and I-95.

Secondary street means a street providing both intercity and intracity movement of people, goods, and vehicles, such as Donald Ross Road, Central Boulevard, RCA Boulevard, Burns Road, Fairchild Gardens Road, and Prosperity Farms Road.

Tertiary street means a street providing local or neighborhood serving roads.

Street or road, local means a street or road which carries relatively low traffic volume, for short trips at lower operating speeds, and has many access points for abutting property.

Street means any public or private accessways, easements, or rights-of-way such as an expressway, arterial, collector, minor collector, street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved. The term street shall not include those accessways such as easements and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water supply lines, surface water management, storm sewers, sanitary sewers, and easements of ingress and egress.

Street classification means classification of streets by local, collector, and arterial streets as shown on the county thoroughfare improvement map and the city's comprehensive plan. For streets not included in the map or plan, the city shall classify the proposed streets.

Street, collector means a street which carries traffic from local streets to the major system of arterial streets and expressways and which may provide access to abutting properties, including the principal entrance street or streets of a residential development and streets for circulation within a development.

Street, dead-end means a street or road or a portion of a street or road with only one vehicular-traffic outlet.

Street, local means a street of limited continuity used primarily to provide access to abutting properties and not for through traffic.

Street, marginal access means a special purpose local street which is parallel and adjacent to a collector street, arterial street, expressway, or other limited access street and which has its principal purpose of relieving such streets from local service of abutting property by providing access to abutting property and separation from through traffic.

Street, perimeter means any existing street to which the parcel of land to be subdivided abuts on only one side.

Street, private means any street which has not been dedicated to a public body for public use and which provides access to more than one property, and whose primary function is traffic circulation rather than access to individual parking spaces.

Street, public means any street designed to serve more than one property owner which is dedicated for public use and accepted for ownership and maintenance by the city council or other public body.

Street right-of-way width means the distance between property lines measured at right angles to the centerline of the street.

Studio, instructional means a commercial establishment providing training or instruction for compensation in marital arts, exercise, gymnastics, and related activities.

Studio, professional means an establishment used in the practice of artistic pursuits, including instruction, for fine arts, music, photography, painting, sculpture, drama, speech, and dance.

Structure means anything constructed, assembled, or erected, the use of which requires location on the ground and attached to something having location on or in the ground; this shall include, among other things, buildings, swimming pools/spas, mobile homes, fences, walls, tanks, signs, tents, lunch wagons, trailers, dining cars, camp cars or similar structures on wheels or other supports used for living, business, or storage purposes. The term includes any structure equipped with a roof, permanent or temporary, such as porches, awnings, canopies, screened enclosures, balconies, and similar elements, but does not include unroofed surfaces such as paving, sidewalks, or those used for sports.

Subdivider means any person or legal entity who:

(1)

Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision;

(2)

Directly or indirectly sells, leases, or develops or offers to sell, lease, or develop any interest, lot, parcel site, unit, or plat in a subdivision;

(3)

Engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit or plat in a subdivision; or

(4)

Is directly or indirectly controlled by or under direct or indirect common control with any of the subsections of this definition.

Subdivision means the division of a parcel of land, whether improved or unimproved, into two or more contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of the subdivision, for the purpose, whether immediate or future, of transfer of ownership or, if the establishment of a new street is involved, any division of the parcel. The term includes a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.

Subdivision improvement agreement means a contract entered into by the applicant and the city by which the applicant promises to complete the required public improvements within the subdivision within a specified time period following plat approval.

Subdivision plan means a development plan consisting of maps and drawings illustrating the lot and street layout and providing the information in regard to the proposed subdivision required to be submitted for development approval, and to be used, once approved, as a basis for the preparation of construction plans and plat.

Substantial completion means the required improvements have progressed to the point where, in the opinion of the city engineer, they are sufficiently complete to be utilized for their intended purposes.

Surety means the letter of credit or cash escrow or any other security arrangement acceptable to the city provided by the applicant to secure the provision of required improvements.

Surface area means the area of the façade upon which a sign is located and includes the rectangle created by vertical walls or building edges and architectural features such as doors, windows, banding, or other architectural elements located above or below the proposed sign area.

Survey data means all information shown on the plat that delineates the physical boundaries of the subdivision and any parts thereof.

Surveyor means a land surveyor licensed and registered in the State of Florida.

Swimming pool means a structure designed to hold water on or in the ground to facilitate swimming.

Temporary improvements means improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.

Theater, indoors means an enclosed establishment which shows motion pictures and live performances.

Threatened species refers to species that are likely to become endangered in the state within the foreseeable future if current trends continue. This category includes: (1) species in which most or all populations are decreasing because of over-exploitation, habitat loss, or other factors; (2) species whose populations have already been heavily depleted by deleterious conditions and which, while not actually endangered, are nevertheless in a critical state; and (3) species which may still be relatively abundant but are being subjected to serious adverse pressures throughout their range.

Thrift and used merchandise store means a retail establishment, including a flea market, which sells ordinary used, secondhand, or junk merchandise, including but not limited to vehicular or marine engine and body parts, books, clothes, electronic and mechanical equipment and parts, furniture, household goods, jewelry, shoes, tools of all kinds, toys, and similar goods that are donated, purchased or otherwise acquired for resale.

Total traffic means, during the build out period of the project, the sum of:

(1)

Existing traffic;

(2)

Net project trips; and

(3)

Background traffic.

Tower, guyed means a communication tower that is supported, in whole or in part, by guy wires and ground anchors.

Tower, monopole means a communication tower consisting of a single pole, constructed without guy wires and ground anchors.

Tower, rooftop-mounted means a communication tower constructed upon a rooftop.

Tower, self-support means a communication tower that is constructed without guy wires and ground anchors.

Townhouse means a dwelling unit located on an individual lot and meeting the following characteristics:

(1)

Attached by at least one but not more than two party walls to one or more abutting dwelling units;

(2)

The party wall or walls shall be attached, at a minimum, a distance of at least 50 percent of the length of such walls;

(3)

Sharing a common foundation;

(4)

Party walls being centered on property lines; and

(5)

Party walls shall provide required fire protection.

Tractor means any vehicle, whether motorized or towed, designed and used primarily for agriculture, landscape, or other land maintenance purposes.

Travel trailer means a vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, with a body width not exceeding eight (8) feet and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons. For the purposes of these regulations, the term includes recreational vehicle, pickup campers, camping trailers, and motorized homes which provide living facilities constructed as integral parts of self-propelled vehicles.

Travel trailer park means any premises designed primarily for transient occupation on which one or more travel trailers are parked and used for the purpose of supplying to the public a parking space for one or more such trailers.

Trellis means a vertical hardscape element attached to a surface or structure, typified by vines trained to grow vertically on a framework of wood or metal lattice.

Tree means a self-supporting, woody plant of a species which normally grows to an overall height of a minimum of 15 feet in the northern part of the county, and three inches in caliper.

Upland Native Plant Community refers to the original terrestrial, natural biological associations of Florida as outlined in the most current "Guide to The Natural Communities of Florida" prepared by Florida Natural Areas Inventory and Department of Natural Resources.

Urgent care means a facility, which may or may not be affiliated with a hospital or medical clinic, providing non-surgical immediate medical care but not providing emergency ambulatory medical care, ambulance drop-off, or overnight admission.

Use means the purpose or activity for which a building, structure, or land is occupied or maintained.

Use, accessory means a use that is customarily associated with a permitted or conditional principal use, and is clearly subordinate and incidental to the principal use in area, extent, size, or purpose, and serves only the principal use.

Utility, plant and major substation means utility plants, including sewer and water treatment plants, electrical generation facilities, gas distribution plants, major regional or subregional electrical substations, major electrical transmission lines, or similar facility which provides utility services to a large geographical area.

Utility, minor means one or more elements of utility distribution, collection, or transmission networks or facilities, which provide utility service to a relatively limited geographical area. Networks or facilities include the following: underground water and sanitary sewer lines; overhead or underground electrical, gas, cable, and telephone lines, including necessary service boxes; lighting and utility poles; sewage lift stations; electrical distribution substations; and manned or unmanned telephone exchange buildings, buildings with telephone switching equipment, and substations.

Variance means a deviation from dimensional and certain other requirements of this chapter.

Vegetation means the collective plant life of an area, lot, site, tract, or region.

Vehicular use area means all land upon which vehicles traverse the property, including the parking lot.

Vested development means any project for which a development order has been granted prior to adoption of the city concurrency management system and the project has progressed in accordance with the development order and the city's land development regulations.

Veterinary office and clinic means an establishment which provides medical and surgical care for animals, and may provide overnight facilities.

Video game and amusement parlor means any business establishment containing four or more coin- or token-operated or for-hire, by any other means, video or amusement games, skill machines or devices, or any combination thereof available for the use of the public.

Visibility triangles (aka safe-site distance triangles) means the area at the corner of two (2) intersecting roadways or a roadway and driveway where placement of visual obstructions, such as landscaping or signs, shall be limited.

Vocational school means a public or private establishment offering regularly scheduled instruction in technical, commercial, craft, or trade skills, including but not limited to business, real estate, building and construction trades, electronics, computer programming and technology, automotive and aircraft repair and technology, barbering, cosmetology, and hairdressing.

Vine means plant material which normally requires support at maturity.

Wall means a high thick masonry structure or glass for forming a long rampart or an enclosure. One of the sides of a room or building connecting floor and ceiling or foundation and roof.

Water access means property which provides and maintains an access ramp into a body of water. Such access should be open for use by the public and/or the community in which it is located. Such a facility can provide access for both motorized and nonmotorized watercrafts.

Water body means a canal or open expanse of water with an average water width wider than 60 feet.

Watercraft means any vessel, whether motorized or not, designed, constructed, or used for transportation or recreation on the water. The term "watercraft" is intended to include, but is not limited to, all forms of a boat, sailboat, motorboat, canoe, and personal watercraft such as a jet-ski.

Weed means a plant considered undesirable, unattractive or troublesome.

Well drilling company means a firm or organization engaged in the drilling of water supply wells.

Wholesale and warehousing, general means an activity that involves the inventory and sale of relatively large quantities of goods to retailers for resale to consumers, or an activity that involves the storage of goods or equipment for a specified period of time or for distribution to wholesalers or retailers; but excluding wholesale activity involving motor vehicles, natural gas, gasoline, and other fuels or petroleum products, as well as warehouse facilities which include self-storage or combination office-warehouse uses or activities.

Window means an opening in an exterior wall or a building covered with glass or a building material which is transparent.

Work means all required construction as shown on approved construction plans and specifications for all facilities and features of any kind which are required and related to the process of subdivision of land in accordance with these regulations.

Working days means Monday through Friday, excluding weekends and recognized holidays.

Works of art means all forms of the visual arts conceived in any medium, material, or combination thereof, including but not limited to painting, sculpture, fountains, engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings, and collaborative design projects between architects and landscape architects and artists.

Yard means the lot area that is free and clear from the ground skyward, unobstructed by any structure, except for fences, walls, and other customary yard accessories as provided in these regulations, a portion of which may be utilized to meet the required setbacks.

Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

(Ord. No. 17-2000, § 322, 7-20-00; Ord. No. 17-2002, § 4, 9-18-02; Ord. No. 49-2002, § 3, 1-16-03; Ord. No. 17-2004, § 5, 6-3-04; Ord. No. 28-2004, § 2, 8-19-04; Ord. No. 26, 2006, § 3, 9-20-06; Ord. No. 31, 2006, § 3, 11-16-06; Ord. No. 29, 2009, § 5, 12-17-09; Ord. No. 37, 2009, § 2, 12-17-09; Ord. No. 5, 2010, § 2, 2-18-10; Ord. No. 19, 2010, § 6(Exh. E), 10-21-10; Ord. No. 21, 2010, § 2(Exh. A), 9-30-10; Ord. No. 1, 2011, § 1(Exh. A), 2-3-11; Ord. No. 4, 2011, § 8, 5-5-11; Ord. No. 7, 2011, § 3, 5-5-11; Ord. No. 11, 2013, § 19, 9-10-13; Ord. No. 12, 2014, § 2, 7-10-14; Ord. No. 16, 2014, § 12, 11-6-14; Ord. No. 1, 2015, § 2, 3-5-15; Ord. No. 7, 2017, § 28, 3-2-17; Ord. No. 11, 2017, § 4, 6-1-17; Ord. No. 13, 2017, § 3, 5-4-17; Ord. No. 17, 2017, § 2, 9-7-17; Ord. No. 21, 2017, § 4, 12-7-17; Ord. No. 22, 2017, § 3, 10-12-17; Ord. No. 5, 2019, § 3, 6-6-19; Ord. No. 22, 2019, § 12, 2-6-20; Ord. No. 9, 2020, § 24, 9-10-20; Ord. No. 6, 2022, § 29, 7-14-22; Ord. No. 10, 2022, § 3, 11-3-22; Ord. No. 5, 2024, § 27, 7-11-24)