This Chapter shall be known as the zoning ordinance, and the map accompanying it and made a part of this Chapter shall be known as the zoning map, on file in the office of the City Clerk.

(Code 1977, § 111.02)

In order to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; to conserve the value of buildings and encourage the most appropriate use of land throughout the corporate area of the city; and to guide and manage future growth in accordance with the comprehensive plan for the city, there is adopted and established an official zoning code for the city.

(Code 1977, § 111.01)

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

Abutting means contiguous; to touch along a border.

Abutting properties shall mean those parcels that touch any part of the boundary line of the subject parcel, and shall include those parcels that would touch the subject parcel but for the existence of a public right-of-way or private road no greater than two lanes.

Accessory use or building means a subordinate use or building customarily incident to and located upon the same lot occupied by the main use or building; provided however, that such use or building shall not include mobile homes, commercial vehicles, trailers with or without axles, or shipping or cargo containers.

Adjacent means lying nearby.

Adult bookstore or adult video store means a commercial establishment which, as one of its principal business activities, offers for sale, rental, or viewing for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas." A "principal business activity" exists where the commercial establishment:

(1)

Has a substantial portion of its displayed merchandise which consists of said items; or

(2)

Has a substantial portion of the wholesale value of its displayed merchandise which consists of said items; or

(3)

Has a substantial portion of the retail value of its displayed merchandise which consists of said items; or

(4)

Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of said items; or

(5)

Maintains a substantial section of its interior business space for the sale or rental or said items; or

(6)

Maintains an "adult arcade," which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting "specified sexual activities" or specified "anatomical areas."

Adult cabaret means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear semi-nude. Appearing live in a state of nudity in a sexually oriented business is prohibited per subsection 18-217(a); no business shall avoid classification as an adult cabaret by offering or featuring nudity.

Adult motel means a motel, hotel, or similar commercial establishment which:

(1)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, other photographic reproductions, or live performances which are characterized by the display of "specified sexual activities" or "specified anatomical areas"; and which advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any on or off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; and

(2)

Offers a sleeping room for rent for a period of time that is less than ten hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

Adult motion picture theater means a commercial establishment where films, motion pictures, videocassettes, slides, photographic reproductions, or electronic reproductions, which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas" are regularly shown to more than five persons for any form of consideration.

Adversely impact means to destroy or damage or to contribute to the destruction or damage of something.

Airport Zones not within M-AP means the area depicted in Attachment B of the Interlocal Agreement between the Hillsborough County Aviation Authority and the City of Plant City dated July 14, 2011, a copy of which is on file with the City Clerk.

Alley means a public thoroughfare which affords only secondary means of vehicular access to abutting property and not over 20 feet in width.

Antenna means a transmitting and/or receiving device used for personal wireless services that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations.

Apartment complex means two or more buildings, designed for or occupied by two or more families living independently of each other under one roof, occupying a single parcel of land, any portion of which is used or intended for use in common by the inhabitants of such dwellings.

Arterial road (arterial) means a road listed in or designated by the transportation circulation element of the comprehensive plan of the city.

Assisted living facility means any building, section of a building, or distinct part of a building, residence, private home, boarding home, home for the aged, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, housing, food service, and one or more personal services for adults, not related to the owner or administrator by blood or marriage, who require such services.

Bed and breakfast establishment means an owner-occupied private building which offers lodging for paying guests for a limited time and serves breakfast to those guests, in accordance with Division 13 of Article VII herein.

Berth means commercial or industrial loading area.

Boardinghouse or lodginghouse means a building, other than a hotel, where lodging or meals or both are served for compensation.

Body piercing salon means a place where body piercing, as defined by F.S. § 381.0075, occurs.

Bona fide restaurant means a food establishment business which is subject to the regulation of the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation and has a seating capacity of no fewer than 100 seats, and an overall floor capacity of no less than 2,500 square feet and which derives no less than 51 percent of gross income from the sale of food and nonalcoholic beverages that are prepared, served and consumed on such premises.

Buffer means a barrier or visual screen designed to separate one type of land use from another.

Building means a structure having a roof supported by columns or walls.

Building area means that area covered by floor slab or ground floor area of a building measured from the exterior surfaces of the walls or those portions of the building not excluded under other sections of this Chapter.

Building, height of, means the vertical distance measured from the level of the established grade opposite the middle of the front of the building, to the highest point of the roof surface if a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge for a gable, hip or gambrel roof. For buildings set back from the street or right-of-way line, the height may be measured from the average elevation of the natural grade along the front of the building. For "thru" lots or "double front" lots, the established grade of such abutting street shall govern to one-half the depth of the lot.

Caliper means the measure of the trunk diameter of a tree in inches, measured six inches above ground level up to and including four-inch caliper size, and 12 inches above ground level for larger sizes.

Centerline means the location of the centerline of an existing street which shall be the extension of the centerline of the most proximate portion of the existing street which has a minimum width of 50 feet. However, no portion of an existing perimeter street of a platted subdivision shall have a minimum width of 50 feet—the location of the centerline shall be boundary of such subdivision. In all other cases the location of the centerline shall be along midpoint of the street right-of-way.

Characterized by means describing the essential character or quality of an item. As applied in this division, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

Church means any building used for nonprofit purposes by an established religious organization holding either tax exempt status under section 501(c)(3) of the Internal Revenue Code or under Florida's Property-Tax Law, where such building is primarily intended to be used as a place of worship and including customary accessory uses.

City Manager shall mean the City Manager of the City of Plant City, or his/her designee.

Civic use means a use providing for public functions under the auspices of a government body and includes offices, public schools and colleges, public hospitals, community centers, libraries, museums, fire and police stations, and courthouses.

Clearing means the removal of vegetation, rocks, boulders, structures, debris and other obstructions resting on or protruding through the existing ground surface. Clearing is usually undertaken where subsequent land alteration, construction or agricultural activities are to occur.

Club means buildings and facilities owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit or to render a service which is customarily carried on as a business.

Clump of trees means a group of trees in close proximity, five-foot spacing or closer, whose combined DBH is 36 inches or greater.

Collector road (collector) means those roads listed in or designated by the transportation circulation element of the comprehensive plan of the city.

Commercial vehicle means any self-propelled or towed vehicle used in commerce to transport passengers, other than the driver or cargo.

Community center means structures owned and operated by the city; philanthropic or church groups primarily for the assembly and the noncommercial recreation uses of the people residing in the tributary neighborhood area.

Construction office means a temporary structure or house trailer used for office purposes in connection with and upon the site of construction project. The construction office shall be removed from the premises within two weeks after the completion of the projection.

Convenience-type commercial establishment means an establishment that provides goods and/or services that are needed immediately and frequently and are, therefore, purchased as a rule near home, near work or near a temporary residence when traveling. It is generally small with a GLA of less than 4,000 square feet. The average number of daily trips generated is high with approximately 900 trip ends per 1,000 square feet of GLA. The market area is usually defined by a one-quarter mile walking distance and/or a five-minute trip by automobile.

Crown means the head of foliage of a tree or shrub.

Damage or abuse means any action or inaction which does not follow good arboricultural practices as established by the National Arborist Association. Abuse includes, but is not limited to, damage inflicted upon roots by machinery, chemicals, soil compaction; changing the natural grade above the root system or around the trunk; paving with asphalt, concrete or other impervious materials; destruction of the natural shape by improper pruning; or any action which causes infection, infestation or decay.

DBH (diameter at breast height) means the standard measure of the diameter, in inches, of a single-stemmed tree at 4½ feet above existing grade. When a shade tree has grown with more than one stem at 4½ feet above grade, DBH shall be equal to the sum of the diameters of the individual stems measured at 4½ feet above grade.

Density means the average number of dwelling units per unit of area (acre, square mile, etc.).

Density bonus, incentive, means a density or dwelling unit increase which may be considered for those large-scale, planned development projects which exceed the minimum requirements of applicable development regulations and meet the criteria for density bonuses, incentives or transfers as established in the comprehensive plan and applicable development regulations. When additional density is allowed on a project site containing environmentally sensitive lands either as a bonus- or density-credit transfer, total project density may not exceed 100 percent of the potential project density which could be achieved based on a gross-density calculation.

Density, gross, means the number of dwelling units per gross acre. Gross acreage is the total amount of raw land, including all developable and undevelopable portions thereof.

Detention area means a system utilized for the collection and temporary storage of stormwater runoff.

Developer means any person applying for a permit to undertake land alteration or landscaping activities within the scope of this Chapter.

Development means the carrying out of any building activity or the making of any change to any structure or the natural surface of the land, including, but not limited to, the following:

(1)

A reconstruction or alteration of the size of a structure;

(2)

A change in the intensity of use of land, such as an increase in the number of dwelling units or a material increase in the number of businesses, manufacturing establishments, offices or dwelling units;

(3)

Commencement of drilling (except to obtain soil samples), mining or excavation on a parcel of land; and

(4)

Activities that change or disturb the natural surface of the land such as clearing, grading, excavating and filling.

Development order means any order granting or denying, or granting with conditions, an application for a building permit, zoning permit, rezoning, plat, variance, site plan approval, development of regional impact or other action having the effect or permitting development as defined in this Chapter.

Downtown Core means the "Downtown Core" as designated in the future land use map of the City's Comprehensive Plan.

Dripline means an imaginary vertical line that extends downward from the outermost branches of a tree to the ground.

Dry prairies means plains with few or no trees. Scattered bayheads, cypress ponds, freshwater marshes and wet prairies often occur in dry prairie areas. Dry prairies appear to be flatwoods minus the overstory trees, containing similar vegetative ground cover. Dominated by grasses such as wiregrass, broomsedges, carpet grasses. Palmettos, fetterbush, staggerbush and blueberry are common.

Durable and dustless surface means a surface made of one of the following, as approved by the city engineering department: (a) one-inch minimum thickness of asphalt over a suitable base; (b) one and one-half-inch minimum thickness of milled asphalt over a suitable base; (c) two-inch minimum thickness of gravel over a compacted base; (d) four-inch minimum thickness of pour-in-place concrete; or (e) paving block, bricks and brick pavers over a suitable base. Crushed shell, crushed concrete, lime rock, mulch, and other similarly easily pulverized materials do not constitute a durable and dustless surface.

Dwelling means a building designed, arranged or used for permanent living quarters for one or more families, but not including hotels, boardinghouses, lodginghouses or house trailers whether such trailers are mobile or located in a stationary fashion as when on blocks or other foundation.

Dwelling, multiple-family (apartment building), means a building or portion thereof used or designed as a residence for three or more families living independently of each other under one roof.

Dwelling, one-family, means a detached building designed for or occupied exclusively by one family.

Dwelling, two-family (duplex), means a building designed for or occupied by two families living independently of each other under one roof.

Dwelling unit means a dwelling or portion thereof providing complete living facilities for one family including kitchen.

Environmentally sensitive areas means areas that have been designated as conservation areas and/or preservation areas according to the City's Comprehensive Plan and the rules of the Hillsborough County Environmental Protection Commission (HCEPC), State Department of Environmental Protection (DEP), Southwest Florida Water Management District (SWFWMD) or the United States Army Corps of Engineers. For the purposes of this definition:

(1)

Conservation areas include wetlands, natural water bodies, uplands, freshwater marshes, shallow grassy ponds, hardwood swamps, cypress swamps, sand pine-scrub communities, and significant wildlife habitat.

(2)

Preservation areas include wetlands; natural water bodies and uplands; and critical habitat for endangered, threatened or rare species.

Excavating means lowering the elevation of land to create a basin below natural land surface by digging or dredging with mechanical equipment.

Existing mobile home parks, existing nonconforming mobile home parks and existing nonconforming uses mean mobile home parks, nonconforming mobile home parks, and nonconforming uses as such existed on the effective date of the ordinance from which this Chapter derives.

Existing tree location plan means a drawing to scale or a current aerial photograph not more than three years old and having a minimum scale of one inch equals 200 feet which provides the following information: the accurate location of all protected trees and all palm trees with an overall height of 12 feet, plotted by accurate techniques, and the common or scientific name and DBH of these trees. Trees proposed for removal shall be indicated on the plan.

Facade means the face of a building that is visible to the public.

Family means one or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons, but not exceeding two, living and cooking together as a single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a family.

Filling means raising the elevation of land by depositing soil over the existing land surface.

Filling (service) station means any building or plot of land used or designed to be used for the storage and retail sale of automotive fuels and lubricants and which may include facilities for washing, polishing, greasing, waxing, tire repairing and other minor repairs. No major vulcanizing, tire recapping or other major mechanical repairs shall be included in the operations of a filling station.

Floor area ratio (FAR) means the ratio of permitted floor area to the area of the lot. For example, an FAR of three on a 20,000-square-foot lot would allow a three-story building with 20,000 square feet on each floor or a variety of similar combinations as long as the total floor area did not exceed 60,000 square feet. This concept is used as a measure of intensity for commercial office and industrial development in the same way that density is used to measure residential development.

Florida-friendly landscaping means landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation, and proper maintenance.

Food catering service means a building or part thereof in which food is prepared and delivered therefrom by the proprietor for service and consumption away from the premises.

Full-cutoff, light fixture means a light fixture designed such that no light is projected at or above a 90-degree plane running through the lowest point on the fixture where the light is emitted and less than ten percent of the rated lumens are projected between 90 degrees and 80 degrees.

Garage apartment means an accessory or subordinate building, not a part of or attached to the main building, where a portion thereof contains living facilities for not more than one family, and the enclosed space for at least one automobile is attached to such living quarters.

Garage, private, means an accessory building or a portion of a main building used for parking or storage of automobiles of the occupants of the main building. A carport would be considered a private garage.

Garage, public (mechanical), means a building or portion thereof, other than a private or storage garage, designed or used for the storage, servicing, repairing, equipping or hiring of motor-driven vehicles.

Garage sale means the display and/or sale of three or more articles of personal property on a dwelling lot area within a use district permitting such sales and conducted by a person who shall reside permanently at the premises where the sale is conducted. The term "garage sale" includes the term "carport sale," "porch sale," "yard sale," "house sale," "inside-outside sale" or any other term used to describe a garage sale.

Garage, storage, means a building or portion thereof designed or used exclusively for the storage or parking of automobiles. Service, other than storage, shall be limited to refueling, lubrication, washing, waxing and polishing.

Gateway district means the Gateway District Land Use Category in the City of Plant City's Comprehensive Plan. If property abutting James L. Redman Parkway north of State Road 60 is annexed into the City of Plant City, it is intended that these provisions shall be applied to development of the property.

Grading means leveling or planing land to a smooth horizontal or sloping surface by the use of mechanical leveling or grading equipment or, in the case of stockpiled soil, other mechanical equipment.

Grand tree means any tree which is 30 inches or greater DBH that is of special concern to the public because of its ecological value, size, age or historic association.

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 any plant material which grows low to the ground.

Grubbing means the removal of understory vegetation including the removal of any tree with a DBH less than five inches by the use of mechanical equipment, including stump and roots, provided no understory vegetation is removed from within the dripline of any tree with a DBH of five inches or greater, unless exempted.

Guest cottage means living quarters within a detached accessory building located on the same premises as the main building to be used exclusively for housing members of the family occupying the main building and their nonpaying guests; such quarters having no kitchen facilities and not to be rented or otherwise used as a separate dwelling.

Guyed tower means a telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors.

Height Zoning Map - Plant City Airport means the area depicted in Attachment A of the Interlocal Agreement between the Hillsborough County Aviation Authority and the City of Plant City dated July 14, 2011, a copy of which is on file with the City Clerk.

Home-based business means a business which operates, in whole or in part from a residential property that meets the criteria of F.S. § 559.955(3).

Hotel means any building containing principally sleeping rooms in which transient guests are lodged with or without meals, with no provision made for cooking in any individual room or suite. Such building would structurally and for purposes of safety be obliged to conform to the laws of the state regulating hotels.

Impervious surface means a surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

Improved alley or right-of-way means an alley or right-of-way which is paved to City standards which includes drainage facilities, if required.

Infill development means development on scattered vacant sites within the urbanized area of a community.

Infrastructure means roads, water, sewer, stormwater or drainage facilities and utilities designed to accommodate development.

Inset parking spaces means parallel or vertical parking spaces located on a private street, where such street and parking spaces are constructed in a manner so that there is a clear definable linear street travel way, from which parking spaces have a recessed appearance caused by groups of parking spaces being separated by landscaped islands at least as large as two full-size perpendicular parking spaces, or one parallel parking space, and with no more than eight perpendicular parking spaces in a row, or no more than four parallel parking spaces in a row, between the landscaped islands.

Intensity means a measure of land use activity based on use, mass, size, density and/or community and facilities impact.

Irrigation means a permanent underground watering system equipped with surface, subsurface, or overhead emitters which provides water coverage.

Land alteration means any activity which removes vegetation from or changes the topography of the land by grubbing, tree removal, clearing, grading, filling or excavating, except for activities undertaken to maintain existing grounds.

Landscape means any and all areas which are ornamentally planted, including, but not limited to, turf, ground covers, flowers, shrubs, trees, and similar plant materials. It does not include agricultural crops grown and harvested for monetary return.

Landscaped island means a curbed area within a parking lot where trees, plants or other vegetation is required.

Landscaping means the planting of landscape material.

Large-scale, commercial-retail building means a commercial retail building where the majority of revenue is from the retail sale of merchandise (including membership-based sales establishments) and whose total gross building areas is equal to or exceeds 25,000 square feet. For determining building area, buildings located in the same large-scale or commercial-retail development project closer than 20 feet apart shall be considered one building.

Large-scale, commercial-retail development project means a commercial development project where the project is developed as a common plan of development and contains a large-scale, commercial-retail building.

Large tree means a tree which is over 60 feet high at maturity.

Laundry, self-service, means a business rendering a retail service by renting to the individual customer equipment for washing, drying and otherwise processing laundry, with such equipment to be serviced and its use and operation supervised by the management.

Level of service (LOS) is an indicator of the extent or degree of service provided by or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of service indicates the capacity per unit of demand for each public facility.

Living area means that area within any dwelling or dwelling unit measured from the exterior services of the walls of a building and the centerline of interior or common walls, made usable for human habitation, and not including the following:

(1)

Any utility room or storage space that is not accessible by a standard door from within the principal structure;

(2)

All common corridors, hallways, stairwells and elevator shafts provided for horizontal or vertical travel between stories or apartments of multiple-family dwellings; and

(3)

Garages, carports, terraces and open porches.

Lot means a parcel of land occupied or intended to be occupied by such building(s) and/or accessory structures allowed in accordance with the requirements of this Chapter and other applicable provisions of the City Code.

Lot, depth of, means the mean horizontal distance between the front line and rear line of lot.

Lot, flag means a prohibited parcel that has a configuration where its street frontage is less than one-half of the distance of the lot's largest width. However, platted lots which are pie-shaped, or otherwise irregularly shaped, pursuant to an approved subdivision, do not constitute flag lots.

Lot of record means all property under single ownership, including all contiguous parcels, so that all property together under single ownership shall be combined. If the combined property meets the minimum lot sizes and dimensions under the applicable zoning district, the property shall be developed in accordance with the standards of the district and not as a nonconforming lot of record.

Lot, width of, means the mean horizontal distance between the side lot lines, measured at right angles to the depth.

Luncheonette (sandwich shop) means a restaurant, as defined in this Section, designed and operated for the purpose of serving sandwiches, short orders, and/or light meals and having a maximum total seating capacity of 50 seats for patrons, provided that food fully packaged for removal from the premises before consumption may be sold to patrons within the building as an incidental use.

Media means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything which is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, other magnetic media and undeveloped pictures.

Medium tree means a tree which is 25 to 60 feet high at maturity.

Mesic hammocks means rich sandy substrate; best developed where limestone or phosphate outcrops occur; rare or no fire; vegetation may be characterized by magnolia, pignut hickory, laurel oak, American holly, dogwood, and live oak. Species composition varies. A major variation of this vegetative association includes live oak/cabbage palm hammocks.

Microwave dish antenna means a dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data.

Midtown means the area designated as the "Midtown Redevelopment District" within the Future Land Use Element of the City's Comprehensive Plan.

Mobile food dispensing vehicle means any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to gas, water, electricity, or liquid waste disposal.

Mobile home means any vehicle or combination of vehicles used or so constructed to permit its being used as a conveyance upon public streets and highways and constructed in such a manner to permit occupancy as a single dwelling or sleeping place for one or more persons.

Mobile home lot means a parcel of land within a mobile home park rented or leased for the exclusive use of the occupants of a single mobile home.

Mobile home park means a parcel of land which has been planned and developed for usage by residents of mobile homes on mobile home lots.

Monopole tower means a telecommunication tower consisting of a single pole or spire, self-supported by a permanent foundation, constructed without guy wires and ground anchors.

Motel (tourist court, automobile court) means a group of two or more attached, detached or semidetached buildings, containing guestrooms or apartments with automobile storage or parking space provided in connection therewith, designed for use primarily by automobile transients.

Motorized home means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

Multiple building materials means more than one building material utilized in the exterior facade of a structure.

Native plant communities means naturally occurring stands of native plant associations exhibiting minimal signs of disturbance. Specific community types can be identified by characteristic dominant plant species composition. Native plant communities occurring in the City, other than wetlands, include pine flatwoods, dry prairies, sandhills, xeric hammocks, mesic hammocks and sand pine scrub.

Native tree means any tree indigenous to North and Central Florida or the City, which occurs naturally, and which does not mean naturalized or indigenous species that originate outside the state.

Neighborhood-type commercial establishment means an establishment that provides goods and/or services that are needed frequently as well as additional goods and/or services that are required somewhat less frequently. It is usually located on a collector or arterial street at the edge of a neighborhood. It is usually larger than a convenience-type commercial establishment with a GLA of 4,000 square feet or more. The average number of daily trips generated per 1,000 square feet of GLA is generally less than 800 trip ends per 1,000 square feet of GLA with a declining number of trip ends per 1,000 square feet of GLA as the GLA increases. The primary market served is generally larger than walking distance to the site. The market area is usually defined by a ten-minute trip by automobile. This type of establishment typically serves the consumer needs of one or more neighborhoods.

No tree verification means a signed notarized statement by owner or his agent stating that no trees exist upon the site or have been removed from the site.

Nonconforming use means a building or the use of a building, or land, that does not conform to the regulations of the use district in which it is located.

Nonwooded land means a parcel containing less than 25 percent native tree canopy and/or forested native plant communities exclusive of wetlands.

Nude, nudity, or state of nudity means the showing of the human male or female genitals, pubic area, vulva, or anus with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple.

Nursery means an ongoing business licensed for the planting, growing, and sale of plants and trees. A commercial nursery does not include an ongoing silviculture operation.

Occupied includes the phrase "arranged, designed or intended to be occupied".

Open space means a part of a lot reserved for light, air or visual, aesthetic, environmental or recreational amenities or similar purposes. Such open space shall be available for entry and use by the occupants of the building or to the general public. Open space includes parks, plazas, lawns, landscaped areas, pedestrian ways and active or passive recreation areas.

Open storage means the storage of any materials, goods, merchandise, equipment or vehicles outside of a completely enclosed building.

Outdoor light fixtures means all outdoor illuminating devices, reflective surfaces, lamps and other devices, either permanently installed or portable, which are used for illumination or advertisement.

Panel antenna means an array of antennas designed to concentrate a radio signal in a particular area.

Parking lot means an area or plot of ground used for the storage or parking of motor vehicles either for compensation or to provide an accessory service to a business, industrial or residential use.

Paving material means materials placed on soil as a base for a riding surface consisting of shell, marl, limestone, soil, cement, bituminous concrete or asphalt.

PD, Planned Development district or PD Planned Development district shall mean the PD Planned Development district as established in Article IV, Division 8 of this Chapter and to all C-U Community Unit districts approved prior to February 25, 2013. The district was previously known as the C-U Community Unit district.

Permit means an official document authorizing performance of a specific activity regulated by this Code.

Pervious area means a permeable surface area which allows passage of surface water and air to the root system of any tree or plant. A pervious area shall be free of significant amounts of clay, shell, marl, limestone or other road base material unless expressly permitted in the context thereof, but may be surfaced with turf blocks or similar nontoxic products.

Pickup coach means a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation use.

Pine flatwoods means flat topography; sand substrate with an organic hardpan; frequent fire; vegetation characterized by slash pine or longleaf pine with saw palmetto, gallberry.

Planned development means development governed by the requirements of a site plan or a plat.

Protected tree means a native tree with a DBH of five inches or greater, or a grand tree according to criteria specified in the land development regulations, unless otherwise exempted.

Protective barrier means a physical structure not less than three feet in height, limiting access to a protected area, composed of wood and other suitable materials which ensures compliance with the intent of the land development regulations. When required by the land development regulations, a protective barrier is placed around a tree to be retained at the dripline of the tree, except where land alteration and construction activities are approved within the dripline.

Protective drywell and drainage/aeration systems mean a tree protection technique used to stabilize soil and provide air and water to root systems when the grade is raised.

Protective retaining wall means a tree protection technique used to stabilize soil around root systems when the grade is lowered.

Pruning means the removal of dead, dying, diseased, live interfering, objectionable and weak branches in a scientific manner as identified by the National Arborist Association standards.

Recommended tree means a tree of two inches or greater caliper which is included on the recommended tree list.

Regularly means the consistent and repeated doing of the act so described.

Relocated tree means a protected tree that has been transplanted.

Replaced tree means the planting of a recommended tree in the place of a protected tree that is irreversibly damaged or destroyed.

Restaurant means a building or part thereof in which food is prepared and served for compensation in such manner as to require consumption by patrons solely while seated within such building or upon a terrace, patio or balcony attached thereto and accessible to patrons solely within the building.

Restaurant, drive-in, means a building or part thereof in which food is prepared and served for compensation to patrons having the option to consume it in any or all of the following locations:

(1)

At eating facilities provided within the building.

(2)

At eating facilities provided elsewhere upon the premises.

(3)

Away from the premises.

Retention areas means a system utilized to prevent the discharge of a given volume of stormwater runoff by maintaining an on-site storage basin.

Right-of-way line means a line where the public right-of-way abuts the boundary line of the subject property. Where properties abut a private street, the phrase "right-of-way" line shall refer to the boundary line of the subject property.

Sand pine scrub means soil composed of well-washed and sterile sands. Typically two-layered, with sand pine occupying the top layer with understory plants including myrtle oak, sand live oak, Florida rosemary, Chapman oak, scrub holly, and silkbay. Little herbaceous ground cover exists and large areas of bare sand occur frequently.

Sandhills means deep sand substrate; xeric; annual or frequent fire; vegetation characterized by longleaf pine and/or turkey oak and bluejack oak with wiregrass understory.

School means any public or private educational institution offering general educational programs required by the state for students in grades prekindergarten through 12th grade. This definition does not include such specialized institutions as dancing schools and driving schools.

Screened enclosure means a structure designed primarily for the private use of a family, with three or more sides of a permeable material with a permeable or impermeable roof. The structure may be attached or detached from the main structure on the residential lot. Screened enclosure uses are limited to swimming pools, porches or patios.

Self-support/lattice tower means a telecommunication tower that is constructed without guy wires and ground anchors.

Semi-cutoff light fixture means a fixture that projects no more than five percent of the rated lumens above a 90-degree plane running through the lowest point on the fixture where the light is emitted and less than 20 percent of the rated lumens are projected between 90 degrees and 80 degrees.

Semi-nude or state of semi-nudity means the showing of a majority of a female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of a majority of a male or female buttock.

Semi-nude model studio means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi-nudity did so in a modeling class operated:

(1)

By a college, junior college or university supported entirely or partly by taxation;

(2)

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

(3)

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

b.

Where, in order to participate in a class a student must enroll at least three days in advance of the class.

Sexual device means any three-dimensional object designed and marketed for stimulation of the male or female human genitals, anus, female breast or for sadomasochistic use or abuse of oneself or others and shall include devices such as dildos, vibrators, penis pumps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.

Sexual device shop means a commercial establishment that regularly features sexual devices. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic or any establishment primarily dedicated to providing medical or healthcare products or services, nor shall this definition be construed to include commercial establishments which do not restrict access to their premises by reason of age.

Sexually oriented business means an "adult bookstore", an "adult video store", an "adult cabaret", an "adult motel", an "adult motion picture theater", a "semi-nude model studio" or a "sexual device shop". The term "sexually oriented business" does not describe a specific land use and shall not be considered a single use category for purposes of the zoning ordinance or other applicable ordinances.

Shade tree means a hardwood tree that reaches a minimum height of 20 feet at maturity, provides relief from direct sunlight for at least six months each year, and is included in the recommended tree list. A shade tree does not include palm trees, unless grouped in a cluster of at least three palm trees within a diameter of 12 feet.

Shelter, fallout means a structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, air raids, storms or other emergencies.

Shipping or cargo container means a standardized, reusable vessel that is or appears to be: (1) originally, specifically or formerly designed for or used in the packing, shipping, movement, transportation or storage of freight, articles, goods or commodities; (2) designed for or capable of being mounted or moved on a rail car; or (3) designed for or capable of being mounted on a truck trailer or loaded on a ship.

Sidewalk cafe means an area, typically open to the elements, in which is contained tables, chairs and other similar facilities for the serving of food and beverages.

Slaughterhouse means any facility for slaughtering of animals, or cutting, boning or packing of the meat or other byproducts from such animals, at which inspection is maintained under regulations of the United States or the state and at which no live animals are maintained for more than 24 hours prior to slaughter. The canning, curing, smoking and salting of animal products are excluded from this definition.

Small tree means a tree which is less than 25 feet high at maturity.

Snout house means a detached single-family residence where: (a) the residence has a front-street-facing garage that comprises more than 50 percent of the width of the ground floor of the front building facade; and (b) the garage extends in front of the residence's longest street-facing front-facade wall by more than six feet.

Specified anatomical areas means and includes:

(1)

Human genitals; pubic region; buttocks; and female breast below a point immediately above the top of the areola; and

(2)

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

Specified sexual activities means any of the following:

(1)

Sexual intercourse, oral copulation, masturbation or sodomy; or

(2)

Excretory functions as a part of or in connection with any of the activities described in (1) above.

Sponsoring entity shall mean the organization approved by the City Commission or City Manager to conduct community event sales. For purposes of this definition, the sponsoring entity of the Florida Strawberry Festival shall be the Florida Strawberry Festival Association, the sponsoring entity of the Bike Fest and the downtown Strawberry Classic Car Show shall be the Greater Plant City Chamber of Commerce, the sponsoring entity of Pioneer Days shall be the East Hillsborough Historical Society and the sponsoring entity of the Dr. Martin Luther King, Jr. Festival shall be the Improvement League of Plant City, Inc.

Stacked parking means the parking of vehicles one behind the other in a driveway and/or garage/carport in such a way that the moving of one vehicle may be necessary to let another vehicle out.

Stealth facility means any telecommunication facility that is designed to blend into the surrounding environment.

Stealth facility Type A - Stealth facilities which use architecturally screened roof-mounted antennas, antennas integrated into architectural element so that facility blends into the surrounding environment.

Stealth facility Type B - Stealth facilities that are designed to look like light poles, flag poles, power poles or trees.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, the space between such floor and the ceiling next above it shall be the story.

Street means a public or private thoroughfare which affords the principal means of access to abutting property.

Street line means the line between the street and abutting property.

Structural alteration means any changes, except for repair or replacement, in the supporting members of a building such as bearing walls, columns, beams or girders, floor joist or roof joist.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something permanently located on the ground. For the purpose of building site area regulations, structures not exceeding 30 inches in height above the general ground level of the graded lot shall be excluded.

Substantial means at least 35 percent of the item(s) so modified.

Tattoo establishment means any location, place, area, structure, or business where tattooing is performed by a person licensed as a tattoo artist under F.S. §§ 381.00771—381-00791.

Telecommunication tower means a guyed, monopole or self-support/lattice tower, constructed as a freestanding structure, containing one or more antennas used in the provision of personal wireless services.

Towers as part of existing utility poles means an antenna located on an existing utility pole or a tower which replaces the existing utility pole and where telecommunications antenna and utility structures are co-located.

Townhouse means a narrow single-family dwelling which normally occupies the entire width of its lot having its open yard space to the front and rear, and which is attached to one or both sides to similar dwellings, all of which are located on individually platted lots as part of a subdivision group development.

Townhouse, manor unit means a two-story structure consisting of three to four townhouse dwellings generally arranged in a square, with individual unit entrances often being located on different facades. The associated lots are platted and garage easements are provided where necessary.

Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer and, when equipped for the road, having a body width not exceeding eight feet, weighing not more than 4,500 pounds, and having a body length of not exceeding 29 feet.

Tree means any self-supporting woody perennial with one or more well-defined stems or trunks which at maturity normally attains a height of at least 15 feet.

Tree lawn means a planting site between the street curb and the sidewalk.

Tree protection plan means a plan that outlines the actual steps which will be undertaken to protect retained trees and native plant communities prior to and during the development process and how the development will meet the requirements of the tree protection and land alteration requirements of Article II of Chapter 98.

Tree removal means the actual removal of a protected tree by digging up or cutting down, or the effective removal through damage which causes or may reasonably be expected to cause a tree to die within a period of one year, including, but not limited to damage inflicted upon the root system.

Trip end means a single or one-direction vehicle movement with either the origin or the destination (exiting or entering) inside a study site. For trip generation purposes, the total trip ends for a land use over a given period of time are the total of all trips entering plus all trips exiting a site during a designated time period.

Understory vegetation includes all plants, exclusive of trees having a DBH of five inches or greater.

Upland means terrestrial land which does not include wetlands or natural or manmade bodies of water such as lakes, streams, rivers, bays, borrow pits which contain water, canals and channels.

Used includes the term "arranged, designed or intended to be used".

Used car junkyard means a lot or group of contiguous lots used for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked cars or their parts.

Used car lot means a lot or group of contiguous lots used for the display and sale of used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises.

Viewing room shall mean the room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, videocassette, digital video disc or other video reproduction.

Wetland means an area included within the waters of the City which seasonally appears to be dry, but which is regularly or seasonally saturated by surface water or groundwater in years of normal water conditions with a frequency sufficient to support a dominance of wetland vegetation or aquatic life. Wetlands in the City are considered environmentally sensitive land area which include the following ecosystems: Freshwater marshes, shallow grassy ponds, hardwood swamps, cypress swamps or bay heads, riverine floodplains, coastal marshes and mangrove swamps.

Whip antenna means a cylindrical antenna that transmits signals in three hundred sixty (360) degrees.

Wooded land means a parcel containing 25 percent or more native tree canopy and/or forested native plant communities exclusive of wetlands.

Xeric hammock means deep sand substrate; xeric-mesic; rare or no fire; vegetation characterized by live oak and/or wiregrass understory.

Yard means an open space on the same lot with a building, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, except by trees or shrubbery, or as provided in this Chapter.

Yard, front, means a yard across the full width of the lot extending from the front line of the building to the front line of the lot, excluding steps and unroofed porches or terraces.

Yard, rear, means a yard extending the full width of the lot and measured between the rear property line of the lot and the furthest most rear wall of the main building.

Yard, side, means an open unoccupied space on the same lot with a building between the building and the sideline of the lot extending through from the front building line to the rear yard, or to the rear line of the lot where no rear yard is required.

(Code 1977, § 111.02; Ord. No. 16-2001, §§ 1,2, 8-13-2001; Ord. No. 10-2002, §§ 3, 4, 4-22-2002; Ord. No. 4-2003, § 1, 1-27-2003; Ord. No. 45-2004, § 1, 10-25-2004; Ord. No. 2-2005, § 1, 3-14-2005; Ord. No. 22-2005, §§ 2—4, 8-22-2005; Ord. No. 37-2005, § 1, 9-26-2005; Ord. No. 42-2005, § 1, 10-24-2005; Ord. No. 49-2005, § 3, 12-12-2005; Ord. No. 34-2007, §§ 9—17, 12-10-2007; Ord. No. 36-2007, § 1, 12-10-2007; Ord. No. 25-2009, § 1, 9-28-2009; Ord. No. 26-2011, § 1, 8-22-2011; Ord. No. 7-2012, §§ 1—3, 3-12-2012; Ord. No. 12-2012, § 1, 4-9-2012; Ord. No. 05-2013, §§ 1, 2, 2-25-2013; Ord. No. 03-2014, § 1, 5-12-2014; Ord. No. 15-2014, § 6, 8-11-2014; Ord. No. 16-2014, § 1, 8-11-2014; Ord. No. 6-2017, § 1, 7-10-2017; Ord. No. 11-2019, § 4, 4-8-2019; Ord. No. 02-2021, § 1, 1-11-2021; Ord. No. 25-2021, § 1, 6-14-2021; Ord. No. 38-2021, § 1, 9-13-2021; Ord. No. 26-2022, § 1, 9-26-2022; Ord. No. 38-2022, § 2, 11-28-2022)

Cross reference— Definitions generally, § 1-2.

In interpreting and applying the sections of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, morals and general welfare of the community. It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. However, where this Chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules or regulations or by easements, covenants or agreements, this Chapter shall control. If, because of error or omission in the zoning map, any property in the City is not shown as being in a zoning district, the classification of such property shall be R-1 single-family, unless changed by amendment to this Chapter.

(Code 1977, § 111.27)

Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the sections of this Chapter shall be punished as provided in Section 1-14.

(Code 1977, § 111.30)

Each application for a building permit shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon; the size, shape and location of the building to be erected; and such other information as may be necessary to provide for the enforcement of this Chapter. A record of such applications and plats shall be kept in the Office of the City Clerk. Where application is made to enlarge an existing nonconforming use, the application shall be accompanied by an affidavit giving the description of the premises owned on the effective date of the ordinance from which this Chapter derives.

(Code 1977, § 111.26)