The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandonment means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Abut means having property or district lines in common.

Access management means a method whereby nonresidential property owners limit the number of driveways or connections from individual parcels of property to the major thoroughfare.

Accessory office unit means an accessory structure built or a portion of a single-family dwelling unit that is converted into a separate office unit subject to regulations in section 12-3-80 and that may be rented.

Accessory residential unit means an accessory structure built or a portion of a single-family dwelling unit that is converted into a separate housing unit subject to regulations in section 12-3-81 and that may be rented.

Accessory use means a use or structure which:

(1)

Is clearly incidental to, customarily found in association with, and serves a principal use;

(2)

Is subordinate in purpose, area, or extent to the principal use served; and

(3)

Is located on the same lot as the principal use or on an adjoining lot in the same ownership as that of the principal use.

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

Adjacent means any property that is immediately adjacent to, touching, or separated from such common border by the width of a right-of-way, alley, or easement.

Adult entertainment establishment means an adult motion picture theater, a leisure spa establishment, an adult bookstore, or an adult dancing establishment.

Airport means any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose.

Airport hazard means an obstruction to air navigation that affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities.

Airport obstruction zone means any area of land or water upon which an airport hazard might be established.

Airport protection zoning regulations means airport zoning regulations governing airport hazards.

Airspace height means the height limits in all zones set forth in chapter 12-10, which shall be measured as mean sea level elevation (ASML), unless otherwise specified.

Alleys are roadways that afford only a secondary means of access to abutting property and not intended for general traffic circulation.

Alteration means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically.

Amusement machine complex means a group of three or more amusement games or other amusement machines, in the same place, location or premises.

Anchoring system means an approved system of straps, cables, turnbuckles, chains, ties or other approved materials used to secure a manufactured home.

Animal clinic, veterinary clinic means an establishment where small animals are admitted for examination and treatment by one or more persons practicing veterinary medicine. Animals may be boarded or lodged overnight provided such activity is totally confined within the building. No outside pens or runs shall be allowed. See: Kennel.

Note: Small animals shall be deemed to be ordinary household pets excluding horses, monkeys, or other such animals not readily housed or cared for entirely within the confines of a residence.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Antenna array means one or more personal wireless antennas used by a single service provider and designed and installed at the same site in such a way as to operate as a unit.

Antenna support structure means a guyed or lattice-work tower that is designed and constructed for the sole purpose of supporting one or more personal wireless antennas.

Apartment house. See: Dwelling, multiple.

Appeal means a request for a review of the building official's interpretation of any provision of this title or a request for a variance.

Automobile repair. See: Garage, mechanical.

Bar means a structure or part of a structure in which the principal business is the sale or dispensing of alcoholic beverages for consumption on the premises. This term includes lounges, taverns, pubs, bottle clubs, etc.

Bed and breakfast facility means an accessory use in which no more than four rooms or lodging units and breakfast service only is provided to guest clients, for lengths of stay ranging from one night to seasonal, by the owner of the principal structure living on-site.

Block means a parcel of land entirely surrounded by public streets, watercourse, railway, right-of-way, parks, etc., or a combination thereof.

Boarding house, lodging house means a dwelling other than an apartment, commercial hotel or motel where, for compensation and by prearrangement for definitive periods, lodging, or lodging and meals are provided for five or more persons; and which is subject to licensing by the division of hotels and restaurants of the state department of business regulations as a rooming or boarding house.

Boat sales and service shop means an establishment primarily engaged in the sale or repair of boats, marine engines, marine equipment, and any similar services.

Boats and boat trailers means a vessel or craft for use on the water that is customarily mounted upon a highway vehicle designed to be hauled by an automobile vehicle.

Buffer yard means a ten-foot strip of yard along the property lines used to visibly separate incompatible land uses and/or zoning districts as regulated through provisions established in section 12-3-56.

Buildable area means area inside building setback lines.

Building means any structure built for support, shelter, or enclosure for any occupancy or storage.

Building coverage means the area of a site covered by all principal and accessory buildings.

Building height means the vertical distance of a building measured from the lowest habitable floor elevation to the highest point of the roof, except in a special flood hazard area where the height of a building is measured from an elevation established three feet above the required base flood elevation. For all residential zoning districts as defined in this section and the residential/neighborhood commercial land use district (R-NC), the building height means the vertical distance of a building measured from the average elevation of the finished grade to the highest point of the roof, except in a special flood hazard area where the height of a building is measured from an elevation established three feet above the required base flood elevation.

Building official andbuilding inspector means the individual responsible for conducting inspections and issuing permits under the standard building code, as amended.

Building setback line means that line that is the required minimum distance from the street right-of-way or any other lot line when measured at right angles that establishes the area within which the principal structure must be erected or placed.

Cabana means a beach or pool-side shelter, usually with an open side facing the water.

Camping trailer means a vehicular portable structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic, or other material for folding compactly while being drawn by another vehicle and when unfolded at the site or location, providing temporary living quarters, and that is designed for recreation, travel, or camping purposes.

Car wash means a building, or portion thereof, where automobiles are washed, including self-service car washes.

Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes and including, the sale of burial plots, columbariums and mausoleums, in addition to the operations of a funeral chapel, management office and maintenance facility when operated in conjunction with and within the boundary of such cemetery.

Incidental cemetery functions shall include the sale of interment rights, caskets, funeral services, monuments, memorial markers, burial vaults, urns, flower vases, floral arrangements and other similar merchandise and services when limited for use in the cemetery in which they are sold. Manufacturing of these items shall be prohibited on the cemetery premises. No outdoor retail displays shall be permitted except for monuments and memorial markers.

No portions of the cemetery or accessory buildings shall be used for purposes of embalming and cremation or the performance of other services used in preparation of the dead for burial.

Certificate of occupancy means official certification by the building official that a building conforms to provisions of the zoning ordinance and technical codes, and may be used or occupied. Such certificate is granted for new construction or for a change of occupancy classification in an existing nonresidential building. A building or part thereof may not be occupied unless such certificate is issued.

Chapel means a structure whose primary use is assembly for religious purposes.

Child care center. See: Day Care Center.

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

Drop-in child care means child care that is provided occasionally in a child care facility in a shopping mall or business establishment where a child is in care for no more than a four-hour period and the parent remains on the premises of the shopping mall or business establishment at all times. Drop-in child care arrangements shall meet all requirements for a child care facility unless specifically exempted.

Evening child care means child care provided during the evening hours of 6:00 p.m. to 7:00 a.m. to accommodate parents who work evenings and late-night shifts.

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

(1)

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

(2)

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

(3)

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

(4)

A maximum of ten children if no more than five are under preschool age and, of those five, no more than two are under 12 months of age.

Large family child care home means an occupied residence in which child care is regularly provided for children from at least two unrelated families, that receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and that has at least two full-time child care personnel on the premises during the hours of operation as defined in state statutes.

Churches and religious institutions. A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith. Includes temples, synagogues or other places of assembly for the purposes of organized religion.

City engineer means the individual or personnel possessing the qualifications of an engineer who is designated by the mayor as the city official responsible for performing the duties placed upon the city engineer by this Code and state statutes.

City planner and planning director mean the individual or personnel possessing appropriate qualifications as a planner who is designated by the mayor as the city official responsible for performing the duties placed upon the city planner or planning services director by this Code and state statutes.

Clearing orclearing and grubbing means removal of vegetation such as tree stumps, shrubs and roots from the land, but shall not include mowing.

Clinic means a building designed and used for the medical and surgical diagnosis and treatment of patients under the care of doctors and nurses.

Cluster development means a form of development for residential subdivisions that permits a reduction in lot area and setback requirements, provided there is no increase in the density of residential units permitted within the future land use district and the resultant land area is devoted to open space.

Coastal high hazard area means the evacuation zone for a Category 1 hurricane as established in the most current hurricane evacuation study for the area.

Commercial communications antenna means a surface from which television, radio, or telephone communications signals are transmitted or received, but which is neither:

(1)

Used primarily for the provision of personal wireless services; nor

(2)

Used exclusively for dispatch communications. The term also includes any microwave or television dish antenna.

Commercial communications tower means a structure on which may be mounted one or more antennas intended for transmitting or receiving television, radio, or telephone communications, but which is neither:

(1)

Used primarily for the provision of personal wireless services; nor

(2)

Used exclusively for dispatch communications.

Commercial mobile service means any mobile service that is provided for profit and makes interconnected service available to the public or to such classes of eligible users as to be effectively available to a substantial portion of the public.

Commercial vehicle means any motor vehicle, trailer, or semi-trailer designed or used to carry passengers, freight, materials, or merchandise in the furtherance of any commercial enterprise.

Commercial vehicle—large means any commercial vehicle greater than seven feet wide, seven feet high or 25 feet long, including, but not limited to, the following: construction equipment (bulldozers, graders, etc.) semi-tractors and/or trailers, moving vans, delivery trucks, flat-bed and stake-bed trucks, buses (except school buses), and similar vehicles over seven feet wide, seven feet high or 25 feet long.

Commercial vehicle—small means any commercial vehicle less than or equal to seven feet wide, seven feet high or 25 feet long, including, but not limited to, the following: automobiles, pick-up trucks, sport utility vehicles, vans, and other vehicles that are also commonly used as personal vehicles.

Communications tower means a commercial communications tower or a personal wireless tower.

Community correctional center means any residential or nonresidential facility described in F.S. § 944.033, created to supervise offenders on probation and/or facilitate the reintegration of state inmates back into the community by means of participation in various work-release, study-release, community service, substance abuse treatment and other rehabilitative programs. This includes all nonresidential and residential offender facilities licensed and operated by the state department of corrections or the Federal Bureau of Prisons.

Community residential home means a dwelling unit licensed to serve clients of the department of health and rehabilitative services, which provides a living environment for up to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by support staff as may be necessary to meet the physical, emotional and social needs of the residents. Types of community residential homes include the following: adult congregate living facilities; adult foster homes; residential treatment facilities for alcohol, drug abuse and mental health services; residential child care agency facilities (excluding runaway and emergency shelters, family foster and maternity homes); intermediate care facilities for the mentally retarded/developmentally disabled; foster care facilities; and group homes.

Comprehensive plan means the comprehensive plan for the city and any amendment thereto.

Concurrency means the provision of the necessary public facilities and services required to maintain the adopted level of service standards at the time the impacts of development occur.

Concurrency monitoring report means the data collection, processing, and analysis performed by the city to determine impacts on the established levels of service for potable water, sanitary sewer, drainage, solid waste, recreation and open space, roads, and mass transit. For traffic circulation: data collection, processing, and analysis will be utilized to determine traffic concern areas and traffic restriction areas in addition to impacts on the established levels of service. The traffic circulation data maintained by the concurrency management monitoring report shall be the most current information available to the city.

Conditional use means a use allowed in a particular zoning district only upon complying with all the standards and conditions as specified in the regulations and approved by city council.

Condominium means ownership in fee simple of a dwelling unit, and the undivided ownership, in common with other purchasers, of the common elements in the development.

Construction (chapter 12-8, Stormwater Management and Control of Erosion, Sedimentation and Runoff) means any on-site activity that will result in the creation of a new stormwater discharge facility, including the building, assembling, expansion, modification or alteration of the existing contours of the site, the erection of buildings or other structures, or any part thereof, or land clearing.

Contiguous means next to, abutting, or touching and having a boundary or portion thereof, that is coterminous.

Cross access driveways mean a method whereby access to property crosses one or more adjoining parcels of property. Cross access driveways will generally be placed at the rear of these properties, but are not limited to that method.

Crown means the main point of branching or foliage of a tree or the upper portion of a tree.

Cul-de-sac means a street terminated at the end by a vehicular turnaround.

Day care center means any establishment that provides care for the day for more than five persons unrelated to the operator and which received a payment, fee or grant for any of the persons receiving care wherever operated and whether or not operated for profit. The term "day care center" shall include child care center, day nursery, day care service and day care agency.

Decision height means the height at which a decision must be made, during an ILS instrument approach, to either continue the approach or to execute a missed approach.

Deck means a flat floored roofless area adjoining a house.

Dense business area means all of that portion of the corporate limits of the city lying south of the north line of Wright Street, west of the east line of Alcaniz Street, east of the west line of Spring Street to the north line of Garden Street and east of the west line of "A" Street south of the north line of Garden Street and the area encompassed in the gateway redevelopment district, those properties located on the north side of Heinberg Street between the east line of 9th Avenue and the west line of 14th Avenue, and C-2A Downtown Retail Commercial District, but excluding all areas zoned HC-1 (Historical Commercial District) and GRD-1 (Gateway Redevelopment District, Aragon redevelopment area).

Density means the number of dwelling units per acre of land. Density figures will be computed by dividing the total number of dwelling units in a contiguous parcel by the total number of acres in a contiguous parcel.

Detention means collection and storage of stormwater for treatment through physical, chemical or biological processes and for attenuating peak discharge with subsequent gradual controlled discharge.

Detention pond (basin) means a storage facility for the detention of stormwater.

Developable area means the total area of a lot or parcel, excluding public rights-of-way.

Development ordevelopment activity means:

(1)

The construction, installation, alteration, or removal of a structure, impervious surface, or stormwater management facility;

(2)

Clearing, scraping, grubbing, killing, or otherwise removing the vegetation from a site;

(3)

Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging, mining, drilling or otherwise significantly disturbing the soil, mud, sand or rock on a site; or

(4)

The modification or redevelopment of a site.

Development order means any order granting, denying, or granting with conditions an application for a development permit.

Development permit means any permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of the land.

Development plan; site plan means a plan, prepared to scale as regulated in section 12-3-120, showing accurately and with complete dimensioning, the boundaries of a site, and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.

Discharge (section 12-3-42, Wellhead Protection) means, but is not limited to, any spilling, leaking, seeping, pouring, misapplying, emitting, emptying or dumping of any pollutants prohibited by lawful statutes or regulation that occurs and that affects surface water and groundwater.

Discharge (chapter 12-8, Stormwater Management and Control of Erosion, Sedimentation and Runoff) means volume of fluid per unit time flowing along a pipe or channel from a project, site, aquifer, stormwater management facility, basin, discharge or outfall point.

Dormitory means a building used as group living quarters for a student body or religious order as an accessory use for a college university, boarding school, orphanage, convent, monastery, or other similar institutional use.

Drain means a channel, pipe or duct for conveying surface water, groundwater or wastewater.

Drainage means surface water runoff; the removal of surface water or groundwater from land by drains, grading or other means that include runoff controls, to minimize erosion and sedimentation during and after construction or development.

Drainage area basin means a catchment area drained by a watercourse or providing water for a reservoir.

Dredging means a method for deepening streams, wetlands or coastal waters by excavating solids from the bottom.

Dripline means the circumference of the tree canopy extended vertically to the ground.

Driveways means:

(1)

Any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. It shall not include an extension or parking apron that may be an extension of a "driveway."

(2)

The connections or curb cuts that permit vehicular access to a site from the roadway.

Dry cleaners means an establishment that cleans and/or drys garments and similar materials using water and/or chemical liquids or solvents.

Dwelling, dwelling unit means an enclosure of one or more rooms and separate bathroom and kitchen facilities designed and constructed as a unit for permanent residential occupancy by one family.

Dwelling, multifamily means a building designed, constructed or reconstructed and used for three or more dwelling units, with each dwelling unit having a common structural or load-bearing wall of at least ten linear feet with any other dwelling unit on the same floor or building level.

Dwelling, single-family means a building designed, constructed or reconstructed and used for one dwelling unit.

(1)

Attached. A single-family dwelling that is connected on at least one side by means of a common dividing structural or load-bearing wall of at least ten linear feet to one or more other single-family dwellings, or the end dwelling of a series of such dwellings, each dwelling unit on its own individual lot.

(2)

Detached. A single-family dwelling that is completely surrounded by permanent open spaces.

Dwelling, two-family (duplex) means a building designed, constructed or reconstructed and used for two dwelling units that are connected by a common structural or load-bearing wall of at least ten linear feet.

Easement means a grant by the property owner of a nonpossessing right of use of his or her land by another party for a specific purpose.

Emergency circumstances means the situation that exists when a single-family residence of a person residing in the city is destroyed by a fire or other disaster to the extent that said person are unable to continue residency in said residence until it is repaired or rebuilt.

Emergency health situation means any situation involving sickness or other physical disability of an individual to the event that he or she requires the assistance of another individual to attend to his or her personal needs, and the use of a manufactured home becomes necessary or desirable in order to care for such individual.

Enforcing officer means the mayor or duly authorized representative.

Engineer means a person who is registered to engage in the practice of engineering under F.S. §§ 471.001—471.039, who is competent in the field of hydrology and stormwater pollution control; includes the terms "professional engineer" and "registered engineer."

Equipment cabinet means an enclosed shed or box at the base of a personal wireless tower or associated with a personal wireless antenna within which are housed, among other things, batteries and electrical equipment.

Erosion means the washing away or scour of soil by water or wind action.

Family means one or more persons occupying a dwelling unit and using common utility services, provided that unless all members are related by blood or marriage, no such family shall contain over four persons.

Filling station. See: Service station.

Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Floor area, gross means the sum of all floors of a building as measured to the outside surfaces of exterior walls and including halls, elevator shafts, stairways, interior balconies, mezzanines, open porches, breezeways, mechanical and equipment rooms and storage rooms. Enclosed parking and loading areas below or above grade are excluded from gross floor area.

Floor area, net means the total of all floor areas of a building, excluding halls, elevator shafts, stairways, open porches, breezeways, mechanical and equipment rooms, storage rooms, enclosed parking and loading spaces, and other areas not intended for human habitation or service to the public.

Foundation siding/skirting means a type of wainscoting constructed of fire and weather resistant material enclosing the entire undercarriage of a manufactured home.

Fraternity house, sorority house, orstudent cooperative means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning and regulated by such institution.

Frontage means all the property abutting on one side of a street measured along the street line.

Funeral parlor, funeral home means a building used for the preparation of the deceased for burial and the display of deceased and ceremonies connected therewith before burial or cremations. The building may contain space for the storage and display of caskets, funeral urns, and other funeral supplies.

Furniture manufacturing/repair shop means an establishment primarily engaged in the manufacturing and repairing of furniture including cabinets, tables, desks, beds and any similar items.

Garage, mechanical means buildings where the services of a service station may be rendered, i.e., maintenance, service and repair of automobiles, not to include body work, painting, storage for the purpose of using parts or any other activity that may be classified as a junkyard.

Garage, parking or storage means any building or premises except those described as a private garage used for the storage of automobiles. Services other than storage shall be limited to refueling, lubrication, washing, waxing and polishing.

Garage, residential means building or area used as an accessory to or part of a main building permitted in any residential district, providing for the storage of motor vehicles, and in which no business occupation, or service for profit is in any way conducted.

Gas station. See: Service station.

Golf course means a tract of land for playing golf, improved with tees, greens, fairways, hazards and which may include clubhouses and shelters. See golf driving range and golf, miniature.

Golf, miniature means a simplified version of golf, played on a miniature course.

Greenhouse means a structure used for the cultivation or protection of tender plants.

Greenhouse, commercial means a structure in which plants, vegetables, flowers and similar materials are grown for sale.

Ground cover means low growing plants planted in such a manner as to form a continuous cover over the ground (e.g., Confederate Jasmine, English Ivy or other like plants).

Health club, spa, exercise center means an establishment for the exercise and improvement of health, with or without specialized equipment.

Home occupation means an accessory use of a service character customarily conducted within a dwelling by the resident thereof, which is clearly secondary to the use of the dwelling for living purposes and which does not change the character thereof or have any exterior evidence of such secondary use and in connection therewith is not involved in the keeping of a stock-in-trade.

Hospital means a building designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses.

Hotel means a building in which lodging, or boarding and lodging, are provided and offered to the public for compensation.

Impervious surface means a surface covered by an impermeable, nonporous material including concrete, asphalt, wood, metal, plastic, fiberglass, compacted clay, and other substances.

Industrial laundry means an establishment that provides industrial type cleaning, including linen supply, rug and carpet cleaning, and diaper service.

Industry, heavy means a use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Industry, light means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

Interstate corridor means the area within 125 feet of either side of the rights-of-way of Interstate Highways I-10 or I-110.

Irrigation system means the water supply system used to irrigate the landscaping consisting of an underground sprinkler system, outlets for manual watering, or other appropriate technology.

Joint or shared access driveways means a method whereby adjoining property owners share a common driveway. These driveways will generally be placed along a common property line, but are not restricted to that method.

Joint, shared, and cross access systems means the driveways and parking areas utilizing these methods.

Junkyard means a parcel of land used for the collecting, storage and/or sale of waste paper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition.

Kennel means an establishment that is licensed to house dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business. Outside pens and runs are allowed.

Land use means the specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.

Ldn means a day/night average sound level which is the 24-hour average sound level, in decibels on the A scale, obtained after the addition of ten decibels to sound levels during the night from 10:00 p.m. to 7:00 a.m.

Landfill means any solid waste land disposal area for which a permit, other than a general permit, is required by F.S. § 403.707 and which receives solid waste for disposal in or upon land. The term does not include a land-spreading site, an injection well, a surface impoundment, or a facility for the disposal of construction and demolition debris.

Landscape material means living material, including, but not limited to, trees, shrubs, vines, lawn grass, ground cover; landscape water features; and nonliving durable material commonly used in landscaping, including but not limited to rocks, pebbles, sand, weed barriers, including, but not limited to, polypropylene and jute mesh, brick pavers, earthen mounds, but excluding impervious surfaces for vehicular use. Fifty percent of landscape material shall be living.

Laundromat means an establishment providing coin-operated washing and dry-cleaning machines on the premises.

Local business tax receipt inspection certificate means either:

(1)

For a new building or a change of occupancy classification, a certificate of occupancy issued by the building official; or

(2)

For an existing nonresidential building, an official certification by the fire department that such building conforms to the NFPA 1, Fire Prevention Code, and may be used or occupied.

Such certificate is granted for a change in tenancy, business ownership, or nature of use in existing nonresidential buildings. With respect to existing buildings, such certificate shall mean only that, in the opinion of the official issuing the certificate, the building, or the part thereof for which the certificate is issued, is deemed to be in compliance with applicable codes. No such certificate shall be a warranty of code compliance.

Lodge means the hall or meeting place of a local branch or the members composing such a branch of an order or society.

Lot means a parcel, plot, or tract of land having fixed boundaries and having an assigned number, letter or other name through which it may be identified. For the purpose of this title the word "lot" shall be taken to mean any number of contiguous lots or portions thereof, upon which one or more main structures for a single use are erected or are to be erected.

Lot, corner means a lot abutting upon two or more streets at their intersection.

Lot, interior means a lot other than a corner lot.

Lot, nonconforming means any lot that does not meet the requirements for minimum lot area, lot width, preservation of heritage trees not subject to removal under this Code, or yard requirements for any use, for the district in which such lot is located.

Lot, through means an interior lot having frontage on two streets or corner lots having frontage on three or more streets.

Lot coverage means the area of a site covered by all principal and accessory buildings and any parking areas, walkways, drives or other impervious surfaces.

Lot depth means the distance measured in the mean direction of the side line of the lot from midpoint of the front line to the midpoint of the opposite main rear line of the lot.

Lot of record means an area designated and owned as a separate and distinct parcel of land on a legally recorded deed as filed in the public records of the county prior to July 24, 1965.

Lot lines means the property lines bounding a lot.

Lot width means the distance between the side lot lines measured along the street right-of-way lines or the building setback lines.

Maintenance means that action taken to restore or preserve structures, buildings, yards or the functional intent of any facility or system.

Major recreational equipment means all travel trailers, camping trailers, truck campers, motor homes, boats, boat trailers, racecars, utility trailers, dune buggies and similar recreational equipment.

Major subdivision. See: Subdivision.

Manufactured building, modular building means a closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating or other service systems manufactured in manufacturing facilities for installation or erection, with or without other specified components, as a finished building, or as part of a finished building, and bearing the insignia of approval of the state department of community affairs. Manufactured buildings shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures. Manufactured buildings are permitted in any zoning district in the city. This does not include mobile homes or manufactured homes.

Manufactured home means a single-family dwelling unit fabricated on or after June 15, 1976 in an off-site manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the U.S. Department of Housing and Urban Development construction and safety standards (HUD Code). Manufactured homes fall into one of the following two categories:

Residential Design Manufactured Home or RDMH means a manufactured home that meets certain residential design criteria described in section 12-3-91 and that is compatible with site-built dwellings.

Standard Design Manufactured Home or SDMH means a manufactured home that does not meet the residential design criteria.

Manufactured home park means a parcel of land under single ownership on which more than one manufactured home or space for such is located and available for rent or lease.

Marina means a place for docking boats and/or providing services to boats and the occupants thereof, including minor servicing and repair to boats while in the water, sale of fuel and supplies, and/or provision of food, beverages, and entertainment as accessory uses.

Martial art means pertaining to manual self-defense, unarmed, hand-to-hand combat including karate, judo and jujitsu.

Mean high water line means the line formed by the interaction of the tidal plane of mean high tide with the shore.

Minimum descent altitude means the lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle-to-land maneuvering in execution of a standard instrument approach procedure where no electronic glide slope is provided.

Minimum obstruction clearance altitude means the specified altitude in effect between radio fixes or VOR airways, off-airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assure acceptable navigational signal coverage only within 22 miles of a VOR.

Mini-warehouse; mini-storage means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.

Minor subdivision. See: Subdivision.

Mobile home means a transportable, factory-built home, designed to be used as a year-round residential dwelling but not conforming to the definition of a manufactured home.

Mobile home park means a parcel of land under single ownership on which more than one mobile home or space for such is located and available for rent or lease.

Modular home. See: Manufactured building.

Monopole means a structure consisting of a single steel or concrete shaft that is designed and constructed for the sole purpose of supporting one or more personal wireless antennas.

Mortuary means a place for the storage of human bodies prior to their burial or cremation.

Motel means a building in which lodging, or boarding and lodging, are provided and offered to the public in contradistinction to a boarding or lodging house, or a multiple-family dwelling, same as a hotel, except that the buildings are usually deigned to serve tourists traveling by automobile, ingress to rooms need not be through a lobby or office, and parking usually is adjacent to each unit.

Motor home means a structure built on and made an integral part of a self-propelled motor vehicle chassis, designed to provide temporary living quarters for recreation, camping, and travel use.

Motor hotel. See: Motel.

Noise zones. See chapter 12-10.

Noise zone A means an area of minimal noise exposure between the 65-70 Ldn noise contour in which land use is normally acceptable for construction of buildings that include appropriate noise attenuation measures.

Noise zone B means an area of moderate noise exposure between the 70-75 Ldn noise contour in which land use should require aviation easements and appropriate sound level reduction measures for the construction of buildings.

Noise zone C means an area of significant noise exposure within the 75 Ldn contour in which land use should be limited to activities that are not noise sensitive.

Nonconforming lot. See: Lot.

Nonconforming structure means any structure that does not meet the limitations on building size and location on a lot, for the district in which such structure is located.

Nonconforming use means any use of land that is inconsistent with the provisions of this chapter or amendments thereto.

Nonprecision instrument runway means a runway having a nonprecision instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment for which a straight-in, nonprecision instrument approach procedure has been approved or planned and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document.

Nonresidential use means any use of land that is not defined as an office, commercial or industrial land use and which is permitted within a residential district, including public uses, churches, day care centers, etc.

Obstruction means any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards contained in 14 CFR part 77, subpart C. The term includes:

(1)

Any object of natural growth or terrain;

(2)

Permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or

(3)

Alteration of any permanent or temporary existing structure by a change in the structure's height, including appurtenances, lateral dimensions, and equipment or materials used in the structure.

Occupational license inspection certificate means either:

(1)

For a new building or a change of occupancy classification, a certificate of occupancy issued by the building official; or

(2)

For an existing nonresidential building, an official certification by the fire department that such building conforms to the NFPA 1, Fire Prevention Code, and may be used or occupied.

Such certificate is granted for a change in tenancy, business ownership, or nature of use in existing nonresidential buildings. With respect to existing buildings, such certificate shall mean only that, in the opinion of the official issuing the certificate, the building, or the part thereof for which the certificate is issued, is deemed to be in compliance with applicable codes. No such certificate shall be a warranty of code compliance.

Opacity means the degree of obscuration of light.

Opaque means the characteristic of excluding or screening visual contact.

Outbuilding means a building located to the rear of a lot, separate from the principal building, whose use is defined in the Urban Regulations section of the Aragon Design Code.

Outdoor storage means the storage or display outside of a completely enclosed building, of merchandise offered for sale as a permitted use or of equipment, machinery and materials used in the ordinary course of a permitted use. Items used in renovation or construction, where a building permit has been issued, are exempt from this definition for purposes of this title.

Parking lot means an area or plot of land used for the storage or parking of vehicles.

Permanent perimeter enclosure means a structural system completely enclosing the space between the floor joists of a home and the ground.

Permitted use means a use by right that is specifically authorized in a particular zoning district.

Personal service shop means an establishment engaged in providing services including the care of a person or his or her apparel, or any of the following services: barbershops, beauty shops, tailoring shops, watch repair shops, body tanning centers, weight loss centers or any similar services with the exception of those expressly referenced elsewhere in this chapter.

Personal wireless antenna means a surface from which radio signals are transmitted or received for purposes of providing personal wireless services.

Personal wireless facility means a personal wireless antenna, a personal wireless tower, an equipment cabinet, or any combination thereof.

Personal wireless services means commercial mobile service, unlicensed wireless services, and common carrier wireless exchange access services.

Personal wireless tower means an antenna support structure or a monopole.

Planning board means the board appointed and functioning under this Code as the "local planning agency" pursuant to the provisions of F.S. § 163.3174.

Planning office and planning staff means the personnel employed and assigned by the mayor to perform the responsibilities of the planning services department and planning staff under this Code.

Planting area means any area designed for landscape material installation.

Plat means a map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of this title.

Precision instrument runway means a runway having an instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR).

Predevelopment condition means topography, soils, vegetation, rate, volume and direction of surface or groundwater flow existing immediately prior to development based on best available historical data.

Private club means buildings, facilities and property owned and operated by a corporation or association of persons for social or recreational purposes, including those organized chiefly to promote friendship or welfare among its members, but not operated primarily for profit or to tender a service that is customarily carried on as a business.

Protected tree means native trees protected by chapter 12-6, as identified by species and size in Appendix A of that chapter.

Public transit bus shelter means a structure or facility located at a site designated and approved by the operating transit agency and the city whose purpose is to protect passengers from the elements.

Quadruplex means four attached single-family dwelling units and each unit has two open space exposures and shares two separation walls with an adjoining unit or units.

Receiving bodies of water means water bodies, watercourses or wetlands into which surface waters flow.

Recharge means inflow of water into a project site, aquifer, drainage basin or facility.

Residential design manufactured home. See: Manufactured home.

Residential districts are those including the following zoning classifications: R1-AAAAA, R1-AAAA, R1-AAA, R1-AA, R1-A, R-ZL, R-2A.

Restaurant means any building or structure or portion thereof, in which food is prepared and served for pay primarily for consumption on the premises.

Restaurant, drive-in or drive-through means a drive-in or drive-through restaurant where provision is made on the premises for the selling, dispensing, or serving of food or beverages to customers in vehicles.

Retention means the prevention of the discharge of stormwater runoff into surface waters by complete on-site storage where the capacity to store the given volume must be provided by a decrease of stored water caused only by percolation through soil, evaporation, or evapotranspiration (loss of water from soil both by evaporation and transpiration from the plants growing thereon).

Retention pond (basin) means a storage facility for the retention of stormwater.

Right-of-way means the areas of a highway, road, street or way reserved for public use, whether established by prescription, dedication, gift, purchase, eminent domain or any other legal means.

Rooftop-mounted antenna means any commercial communications or personal wireless antenna located on the roof or top of any building, public utility structure or permanent nonaccessory sign.

Rooming house. See: Boarding house.

Runoff means the amount of water from rain, snow, etc., that flows from a catchment area past a given point over a certain period. It is total rainfall, less infiltration and evaporation losses.

Runway means a defined area on an airport prepared for landing and take-off of aircraft along its length.

Satellite television transmitting and receiving dish means a device commonly concave in shape, mounted at a fixed point for the purpose of capturing and sending television signals transmitted via satellite communications facilities and serving the same or similar function as the common television antenna.

School means an institution primarily for academic instruction, public, parochial or private and having a curriculum the same as ordinarily given in a public school.

Screen orscreening means a fence, wall, hedge, earth berm or any combination of these provided to create a visual and/or physical separation between properties, land uses or certain facilities. A screen may be located on the property line or elsewhere on the site, and where required in a buffer yard must be located within the required buffer yard.

Sediment means solid material, mineral or organic in suspension, that is being transported, or has moved from its site or origin by air, water or gravity.

Sedimentation facility means a structure or area designed to retain runoff, as in a retention or holding pond, until suspended sediments have settled.

Service station means a building or lot where gasoline, oil and/or grease are supplied and dispensed to the motor vehicle trade, or where battery, tire and other similar services are rendered.

Shade tree means any species of tree identified in Appendix A and Appendix B of chapter 12-6.

Sign means any device, display or structure, or part thereof, which advertises, identifies, displays, directs or attracts attention to an object, person, institution, organization, business, product, service, event or location by the use of words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.

Sign, abandoned means a sign which advertises a business that is no longer licensed, no longer has a certificate of occupancy, or is no longer doing business at that location.

Sign, accessory means a sign which directs attention to a profession, business, commodity, service, entertainment or other activity conducted, sold or offered on the premises.

Sign, advertising display area means the advertisement display surface area as measured from the outside edge of the sign or the sign frame, whichever is greater, excluding the area of the supporting structures provided that the supporting structures are not used for advertising purposes and are of an area equal to or less than the permitted sign area.

Sign, attached or wall sign means any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building or supported by such wall or building and which displays only one advertising surface.

Sign, freestanding means a sign which is supported by one or more columns, uprights, or braces in or upon the ground and is not attached to a building.

Sign, nonaccessory means a sign which directs attention to a business, profession, commodity, service, entertainment or other activity conducted, sold or offered off the premises.

Sign, portable means a sign or advertising device designed to be temporary in nature and movable including those mounted on a trailer-type vehicle, with or without wheels. A-frame signs, balloon signs and all other similar type signs not permanently attached to the ground or a building.

Sign, temporary means signs that are erected for a period of time not to exceed one year, excluding signs that are handheld or continuously attended.

Sign, tri-faced nonaccessory means a sign composed of sections which rotate to display a series of advertisements, each advertisement being displayed for at least five seconds continuously without movement and the movement of the sections between displays being not more than two seconds.

Site plan. See: Development plan.

Social services home/center means a home/center for individuals requiring supervision and care by support staff as may be necessary to meet the physical, emotional and social needs of the resident. Types of social services homes/centers include the following: residential treatment facilities for alcohol, drug abuse and mental health services; intermediate care facilities for the mentally retarded/developmentally disabled; and similar foster care facilities or group homes. These homes/centers shall be regulated by the department of health and rehabilitative services.

Specialty shop means a retail shop specializing in books, cards, jewelry, newspapers and magazines, gifts, antiques, stationery, tobacco, candy, craft distilleries, breweries and microbreweries (with an accessory use area allowing direct retail sale and consumption on premises), and any similar specialty items and hand craft shop for custom work or making custom items not involving noise, odor or chemical waste.

Stable, private means a structure where horses are kept by the owners or occupants of the premises and are not kept for hire or sale.

Standard design manufactured home. See: Manufactured home.

Stealth technology means the use of both existing and future technology and techniques through which a personal wireless facility may be caused to blend in with its surroundings or resemble an object other than a personal wireless facility, including, without limitation, architectural screening of antennas, integration of antennas into architectural elements, painting of antennas, and disguising personal wireless towers to closely resemble trees, street lights, telephone poles, and similar objects. One example of existing technology is the use of small panel antennas concealed behind fiberglass panels.

Stormwater management plan means the detailed analysis required by section 12-8-5.

Stormwater management system means the designed features of the property that treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater. Examples are canals, ditches, culverts, dikes, storm sewers, swales, berms or other manmade facilities that control flow of surface water.

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

Street means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated. The word "street" includes the following terms, further described as follows:

Streets, collector means streets that provide for the movement of traffic between major arterials and local streets and direct access to abutting property.

Street, local means streets that provide for direct access to abutting land and used for local traffic movements only.

Streets, major arterial means streets that provide for through traffic movement between areas and across the city, and direct access to major employment locations and commercial uses.

Streets, marginal access are minor streets that are parallel to and adjacent to arterial streets and highways; and that provide access to abutting properties and protection from through traffic.

Streets, minor arterial means streets that provide for traffic movement between major neighborhoods.

Street line means the line between the street right-of-way and abutting property.

Structural alteration means any change, except for repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the dimensions or configurations of the roof or exterior walls.

Structure means anything constructed or erected on a fixed location on the ground, or attached to something having a fixed location on the ground, including, but not limited to, a building, mobile home, wall, fence, tower, smokestack, utility pole, overhead transmission line or sign.

Studio means a workroom or place of study of an art, including painting, sculpting, photography, dancing, music and the other performing arts with the exception of those expressly referenced elsewhere in this chapter.

Subdivision means the division of a parcel of land into two or more parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The word includes resubdivision and shall relate to the process of subdividing or to the land subdivided. Refer to chapter 12-7 for subdivision regulations.

Subdivision, nonresidential means any subdivision, other than a residential, such as office, commercial, or industrial.

Tattoo parlor or studio means an establishment that performs the placement of indelible pigment, inks, or scarification beneath the skin by use of needles for the purpose of adornment or art. For the purposes of this Code, "tattooing" does not include the practice of permanent makeup and micro pigmentation when such procedures are performed as incidental services in a medical office or in a personal services establishment such as a hair or nail salon.

Townhouse means a single-family residential building attached to one or more single-family residential buildings by a common wall.

Travel trailer means a vehicular portable structure built on a chassis, designed and constructed to provide temporary living quarters for recreation, travel or camping purposes, of such size and weight not to require special highway movement permits when drawn by a passenger automobile.

Tree means any self-supporting, woody plant of a species that normally grows to an overall height of at least 15 feet.

Tree removal means any act that causes a tree to die within a period of two years; such acts, including, but not limited to, cutting; inflicting damage upon a root system by machinery, storage of materials, or soil compaction; changing of the natural grade above or below a root system or around the trunk; inflicting damage on a tree; permitting infection or pest infestation; excessive pruning; or paving with concrete, asphalt or other impervious material within such proximity as to be harmful to a tree.

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

Understory vegetation means any shrubs or small trees that will grow beneath large trees.

Unlicensed wireless service means the offering of telecommunications using duly authorized devices that do not require individual licenses, but does not mean the provision of direct-to-home satellite services.

Used car lot means any parcel of land used for the storage, display, and sale of used automobiles in running condition.

Variance means relaxation of the literal terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the terms of this title would result in unnecessary and undue hardship. As used in this title, a variance is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts.

Vehicle means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures and no instrument designation indicated on FAA approved airport layout plan, a military services approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

Wall means a vertical element with a horizontal length-to-thickness ratio greater than three, used to enclose space.

Water bodies means the natural or artificial watercourses, lakes, ponds, bays, bayous and coastal waters of the city that ordinarily or intermittently contain water and have discernible shorelines.

Water management structure means a facility that provides for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.

Wetlands means fresh or salt water marshes, swamps, bays, or other areas characterized by specific vegetation types and plant communities, either flooded at all times, flooded seasonally or having a water table within six inches of the ground surface for at least three months of the year, or areas that support a dominance of wetland vegetation types listed in or meeting the conditions in DER Rules, F.A.C. ch. 17-25.

Yard means any area on the same lot with a building or building group lying between the building or the building group and the nearest lot line.

Yard, required means the minimum distance, measured at right angles from the lot line, which a building or structure must be placed from the lot line. The required yard is the open space area that is unobstructed from the ground upward and unoccupied except by specific uses and structures allowed in such area by the provisions of this title.

Yard, required front means a yard situated between the front lot line and the front building setback line, extending the full width of the lot.

Yard, required rear means a yard situated between the rear lot line and the rear building setback line, extending the full width of the lot, except for corner lots. On corner lots the rear yard extends from the interior side lot line to the streetside setback line. The minimum width of any required rear yard, at the building setback line, shall be equal to the minimum width required for the front yard at the street right-of-way line.

Yard, required side means a yard situated between a side lot line and side building setback line, extending from the required front yard to the required rear yard or the rear lot line, where there is no rear yard. On a corner lot the required side yard setback line extends from the front building setback line to the rear lot line on the street side of the lot.

Yard, required streetside means a yard situated between a street right-of-way and side building setback lines and extends from the front building setback line to the rear lot line.

Zero-lot-line dwelling means a detached single-family dwelling sited on one side lot line with zero side yard building setback, and a required side yard setback on the opposite side.

(Code 1986, § 12-14-1; Ord. No. 27-92, § 3, 8-13-1992; Ord. No. 44-94, § 9, 10-13-1994; Ord. No. 9-96, § 16, 1-25-1996; Ord. No. 45-96, § 11, 9-12-1996; Ord. No. 28-97, § 4, 8-14-1997; Ord. No. 27-98, § 1, 7-23-1998; Ord. No. 8-99, § 11, 2-11-1999; Ord. No. 40-99, § 17, 10-14-1999; Ord. No. 43-99, § 2, 11-18-1999; Ord. No. 11-00, § 3, 2-10-2000; Ord. No. 14-00, § 4, 3-9-2000; Ord. No. 6-02, § 2, 1-24-2002; Ord. No. 23-02, § 1, 9-26-2002; Ord. No. 04-06, § 3, 2-9-2006; Ord. No. 05-06, § 2, 2-9-2006; Ord. No. 26-06, §§ 2, 3, 9-28-2006; Ord. No. 31-06, § 2, 12-14-2006; Ord. No. 17-09, § 1, 5-14-2009; Ord. No. 16-10, § 230, 9-9-2010; Ord. No. 13-12, § 2, 6-14-2012; Ord. No. 01-15, § 2, 2-12-2015; Ord. No. 07-17, § 1, 3-9-2017; Ord. No. 13-17, § 3, 6-8-2017; Ord. No. 06-18, § 2, 4-12-2018; Ord. No. 14-20, § 2, 6-11-2020; Ord. No. 04-21, § 12, 2-25-2021)