Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," or "intended to be used"; the word "shall" is mandatory and not optional; the word "abut" shall include "directly across from"; and the word "lot" includes the words "plot," "tract," and "parcel."

Accessory building or use means a subordinate structure or a portion of the main structure, the use of which is incidental to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

Agricultural uses means the use of land for bona fide agricultural purposes including but not limited to crops, pasture, orchards, vineyards, plant nurseries, groves, and silviculture areas.

Alley means a public right-of-way 30 feet or less in width and which affords only a secondary means of access to abutting property.

Basement means a story having a part of its height below grade.

Blight refers to a part of the town where things are falling apart. This may include such descriptions as decaying, deterioration, impairment or dilapidation.

Building. See "structure."

Building height means the vertical distance from the average grade within 20 feet of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height between eaves and ridge for gable, hip, and gambrel roofs.

Building official means the person designated by the town council as the individual responsible for the administration of the town building code.

Building setback line means a line within a lot or other parcel of land so designated on the plat of the proposed subdivision between which and the adjacent boundary of the street or adjacent property upon which the lot abuts the erection of an enclosed structure or portion thereof is prohibited.

Building site means that portion of a lot or parcel embracing a building foundation.

Clinic means a building or portion of a building where patients are not lodged overnight, but are admitted for examination and treatment by a group of professionals licensed by the state to practice the healing arts.

Club, private means a building or portion thereof or premises owned and operated by a corporation, association, person, or persons for a social, educational, recreational, or fraternal purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Clustering describes the grouping together of structures and infrastructure on a portion of a development site.

Community Park a park located near major roadways, and designed to serve the needs of more than one neighborhood. These parks provide primarily athletic facilities including ball fields, courts, pools, and playgrounds.

Day care center or nursery means a building or portion thereof or premises designed for or occupied for the purpose of providing supervised care and/or education for three or more preschool-aged children. However, no overnight sleeping facilities are to be included.

Density is an objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre. For purposes of the comprehensive plan, density is measured in units per net acre unless otherwise provided.

Developer is any person, including governmental agency undertaking any development.

Development controls include standards in the comprehensive plan and land development regulations that control the development or use of land.

Development order is an order granting, or granting with conditions, an application for a building permit.

Development permit means any building 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 land.

District means a section or sections of the town for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Dock means a structure built on pilings over the water which is designed or used to provide anchorage for and access to one or more boats at anchorage. Necessary services such as water and other utilities are considered a part of a dock. However, no cooking, sleeping or business activity shall be permitted or conducted on a dock.

Dwelling means a building or portion thereof designed or used exclusively for residential occupancy but not campers, hotels, motels, motor lodges, boardinghouses and lodginghouses, tents, tourist courts, tourist homes, dormitory, fraternity or sorority houses, hospitals, or nursing homes.

Dwelling, one-family or single-family means a building containing only one dwelling unit. The term is not to be construed as including recreational vehicles, tents, houseboats or other forms of temporary or portable house. Manufactured homes and modular homes which comply with the provisions of the zoning code are considered single-family dwellings. For the purposes of this zoning code, row houses, townhouses, condominiums, cooperative apartments or other form of dwelling units which are not in individual detached buildings meeting all the requirements of a single-family dwelling shall not be construed to be single-family dwellings. A building in which a room or other portion is rented to or occupied by someone other than a part of the family shall not be considered to be a single-family dwelling.

Dwelling, two-family, means a detached building designed for or occupied exclusively by two families living independently of each other within individual dwelling units.

Dwelling, mobile home, means a vehicle or movable dwelling structure licensed as such by the state which is designed to be used as a dwelling unit for one family and which stands on wheels, on rigid supports, or on a foundation, but excluding prefabricated homes or sections thereof and travel trailers as defined in this section. A mobile home shall be used for residential purposes only.

Dwelling, multiple or multifamily, (commonly referred to as an apartment building) means a building or portion thereof used or designed as a residence for three or more families living independently of each other within individual dwelling units.

Dwelling, townhouse, means a building designed for or occupied exclusively by one family and attached to two or more other buildings of similar design and separated by one or more party walls. The attached townhouses, as defined, constitute a building group.

Dwelling unit means one or more rooms with principal kitchen and sanitation facilities designed as a unit for occupancy by only one family for cooking, living, and sleeping purposes.

Dwelling unit, accessory is a self-contained apartment in an owner occupied single-family home/ lot that is either attached to the principal dwelling or in a separate structure on the same property. For example, it may include such descriptions as granny flats, backyard cottages and in-law suites.

Easement means the quantity of land set aside or over which a liberty, privilege, or advantage in land without profit, existing distinct from the ownership of the land, is granted to the public or some particular person or part of the public.

Factory-built housing means a building conforming to the requirements of the city building code, comprised of one or more dwelling units or habitable rooms which is wholly manufactured in manufacturing facilities and bearing the insignia of compliance of the state.

Family means one or more persons occupying a dwelling and living as a single housekeeping unit, as distinguished from persons occupying a boardinghouse, lodginghouse, or hotel and commune.

Filling station. See "service station."

Fish camp means an establishment or premises with a waterfront location offering food, lodging, supplies, or services for people engaged in boating, fishing, or any other activity considered customary at a fish camp. Customary activities at a fish camp shall include the rental and minor repair of watercraft, the rental of cabins for a period of not more than 30 days (including mobile homes owned by that fish camp and located on the premises), the sale of food in restaurant or snack bar facilities, the package sale of beer and wine, the rental of spaces for all types of recreational vehicles, with sewer and water connections, full hookups, provided a special exception is obtained under the provisions of this chapter, the sale of bait, tackle, and the furnishing of fuel for watercraft.

[Floor area ratio.] Floor area ratio is calculated by divided the total gross floor area of the building divided by the total area of the lot that the building is located on.

Frontage means:

(1)

Lot frontage means the distance for which the front boundary line of the lot and the street frontage are coincident.

(2)

Street frontage means all property on one side of a street between two intersecting streets (crossing or terminating), or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

Garage, private means an accessory building or a portion of a main building enclosed and designed for the parking or storage of automobiles of the occupants of the main building. A carport would not be considered a private garage.

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

Guest and servants' quarters 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; not to be rented or otherwise used as a separate dwelling.

Home occupation means any occupation or activity carried on by a member of the family residing on the premises.

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.

Infill means the development of new housing or other buildings on scattered vacant sites dispersed throughout built-up areas.

Intensity means an objective measurement of the extent to which land may be developed or used, including the consumption or use of the space above, on or below ground, the measurement of the use of or demand on natural resources, and the measurement of the use of or demand on facilities and services. For purposes of the comprehensive plan, intensity is measured in impervious surface ratio (ISR) and floor area ratio (FAR) unless otherwise provided.

Impervious surfaces include materials such as asphalt, concrete, and similarly compacted areas.

Impervious surface ratio is calculated by dividing the total amount of impervious area by the total parcel size.

Junk yard means an open area where waste, used, or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, cloths, paper, rags, plumbing fixtures, rubber tires and bottles. The term "junk yard" includes an automobile wrecking yard.

Kennel and animal grooming means a place where dogs, cats, and other household pets are kept, sheltered, groomed, and boarded for compensation.

Land development code provides information to assist in the processing and review of applications. It establishes requirements for the submittal of applications, including the identification of required fees and deposits. In addition it establishes development standards and guidelines used in the review of applications.

Land use means the development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an adopted comprehensive plan or element or portion thereof, land development regulations, or a land development code, as the context may indicate.

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

Living area means that area within any dwelling or dwelling unit made usable for human habitation with the following exceptions:

(1)

Any utility room or storage space that is not within the principle structure.

(2)

All common corridors, hallways, or exits provided for access or vertical travel between stories or apartments of multiple-family units.

(3)

Garages.

Loading space means a space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks.

Lodging house or boardinghouse means a building other than a hotel where lodging or boarding for three but not more than 20 persons is provided for compensation pursuant to previous arrangements.

Lot means a parcel of land occupied or intended for occupancy by a use permitted by this chapter including one main building, together with its accessory buildings, the yard areas, and parking spaces required by this chapter and having its principal frontage upon a legally constituted access. A "lot of record" is a part of land subdivision, the map of which has been recorded in the office of the clerk of circuit court of the county.

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

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

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

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

Lot width means the width of the lot measured along the minimum building setback line, except for lots which front on the concave side of a curving street, where the width of lot shall be measured 30 feet back from the front lot line.

Lot lines means the lines abounding a lot as established by ownership.

Lot of record means a lot which is part of a subdivision or a parcel of land described by metes and bounds, the plat or description of which has been recorded in the office of the county clerk of the circuit court. If a portion of a lot or parcel has been conveyed at the time of the adoption of the ordinance from which this chapter is derived, the remaining portion of such lot or parcel shall be considered a lot of record.

Lot, through means an interior lot having frontage on two streets, other than a corner lot.

Manufactured building modular building, or factory-built 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 as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures.

Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the federal manufactured housing construction and safety standards. The terms single-family dwelling shall include manufactured homes when placed on permanent foundations.

Mobile home means a detached single-family dwelling unit with all the following characteristics:

(1)

Designed for long term occupancy, and containing sleeping accommodations, and plumbing and electrical connections provided for attachment to outside systems;

(2)

Designed for transportation after fabrication on streets or highways on its own wheels; and

(3)

Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, located on jacks or other temporary or permanent foundations, and connected to utilities and the like.

Modular home means a house or duplex designed, built, permitted and inspected to the Florida Building Code (FBC), and installed on permanent foundations (e.g., poured footers, stem walls & poured piers or engineered slabs, just like site built homes) that are designed and built specifically for that home by a contractor licensed by the department of business and professional regulation (DBPR). It is a violation of the state statutes for a mobile home installer to install a modular home.

Nonconforming use means a use that does not conform with the designated use shown on the future land use map or regulations of the use district in which it is situated.

Parking lot means an open area or plot of land used exclusively for the storage or parking of motor vehicles, but no vehicles are equipped, repaired, rented, or sold.

Places of worship this includes a place where there is a congregation or meeting place of people for spiritual, religious or worship.

Public administrative and service facilities means any publicly owned property and structures necessary to provide services to the surrounding area such as fire and police protection or other normal community service.

Public recreation sites means sites owned or leased on a long-term basis by a federal, state, regional, or local government agency for purposes of recreational us

Redevelopment means the demolition and rebuilding or expansion of 50 percent or more of a site's physical development (i.e., square footage of buildings).

Service station, with major mechanical repairs means a building or lot which may provide the sale of gasoline and normal accessories, provides in an enclosed structure, major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, minor welding, and storage of automobiles not in operating condition.

Service station, without major mechanical repairs means a building or lot which has as its primary purpose the sale of gasoline and normal accessories for passenger vehicles, and which may also provide not more than three work bays for minor repairs and maintenance to automobiles.

Shall or will are terms of legal art that mean "mandatory" as opposed to optional.

Shrub means a woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.

Special exception means a use which may be allowed within a zoning district subject to the provisions of this chapter and in accordance with the procedures as set forth in this chapter.

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

Street means a facility, either public or private, which affords the primary access to abutting property and is intended for general traffic circulation whether existing in fee simple or by easement.

Street line means the line between the street and abutting property. The term "street line" also referred to as right-of-way line.

Structure means anything constructed or erected, the use of which requires permanent location on the land or attachment to something having permanent location on the land.

Structural alterations means any change, except the repair or replacement, in the support members of a building, such as bearing walls, columns, beams or girders or the rearrangement of any interior partitions affecting more than five percent of the floor area of the building.

Town engineer means the individual designated as such by the town council.

Travel trailer or recreational vehicle classified under "motor vehicle," means a recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either have their own mode of power or are mounted on or are drawn by another vehicle.

Tree means a usually tall, woody plant, distinguished from a shrub by having comparatively greater height and, characteristically, defined as:

(1)

Canopy (large maturing). Single trunk whose height is greater than 35 feet at maturity;

(2)

Understory (small maturing). Single trunk or multi-stem whose height is less than 35 feet at maturity.

Undisturbed vegetation means natural vegetation in a generally untouched, maintenance free, self-perpetuating stand comprised of indigenous trees, shrubs, herbs, flowers or grasses.

Utility easement means the right-of-way acquired by a utility or governmental agency or private agency to locate utilities, including all types of pipelines, telephone and electric cables.

Vacant land means any lot or parcel of land which is completely open, has no use associated with or upon it, and is not utilized as the required yard area for any adjoining uses.

Variance means a modification from the literal interpretation of these provisions, other than those provisions relating to use requirements, subject to the procedures set forth in this chapter.

Yard means an open space on the same lot with a building unoccupied or unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided in this chapter.

Yard, front, means an open unoccupied space across the full width of the lot, extending from the front building line, including open porches, to the front line of the lot.

Yard, side, means an open unoccupied space on the same lot with a building between the building line and the side line of the lot extending through from the front building to the rear yard or to the rear line of the lot, not less than the smaller of ten feet or 15 percent of the width of the lot.

Yard, rear, means an open unoccupied space extending across the full width of the lot and measured between the rear line of the lot and the rear building line of the main building.

Zoning officer means the person designated by the town council as the person responsible for the administration of this chapter, providing for certificates of concurrency, land use comprehensive plan amendments, and processing building permits, certificates of occupancy and maintaining records.

(Ord. No. 02-3, 11-12-2002; Ord. No. 03-8, § 2, 5-13-2003; Ord. No. 2015-06, § 11, 2-9-2016)

Editor's note— Ord. No. 2015-06, § 11, adopted February 9, 2016, renumbered § 90-11 as § 90-14, and amended it to read as set out herein. See editor's note at § 90-13 for more information.

Cross reference— Definitions generally, § 1-2.