For purposes of this Code, the following terms, words, phrases and their derivations, as listed in alphabetical order herein, shall have the meanings contained below, unless the context indicates otherwise. Words or terms not defined have their ordinarily accepted meaning or such meaning as the context may imply.

Aggrieved person means the applicant or any person whose interests will be adversely affected by the decision to a degree that exceeds that of the general public.

Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage agriculture, silviculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing of produce.

Airport means any runway, land area or other facility designed and used, either publicly or privately, by any persons, for the landing and taking off of aircraft such as airplanes, seaplanes, ultra lights or helicopters, including all necessary taxi-ways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces.

Alley means a public or private right-of-way which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

Alteration, unless otherwise defined in context of a specific regulation, means any change in size, shape, character or use of a building or structure or land.

Antenna means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building or structure.

Applicant means the owner, or his authorized representative, of a tract of land which is the subject of a request for a change in zoning classification, development approval, a variance, a special exception, an appeal, or other land use approval.

Building means any structure designed or built for support, enclosure, shelter or protection of persons, animals, chattels or property of any kind. "Building" does not include a temporary structure such as a tent. It means a structure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel, or similar structure. Buildings may refer to a historically or architecturally related complex, such as a courthouse and jail, or a house and barn. Parking garages are hereby deemed to be "buildings."

Building permit means an official document or certificate issued by the county authorizing the commencement of construction of any structure.

Capital improvements means land acquisition, site development, equipment or other facilities, used to provide public facilities.

Clearing means the removal of trees, brush or any other vegetation from the land, not including the ordinary mowing of grass.

Clinic means a medical facility which holds itself out to the public as a place where sick or injured persons may come to the facility for medical care without an appointment.

Commercial use means an occupation, employment or enterprise associated with the sale, rental or distribution of products, or performance of service.

Comprehensive plan means the Putnam County Comprehensive Plan, adopted pursuant to the "Community Planning Act", F.S. § 163.3161 et seq., as amended.

County means Putnam County, Florida.

County road or county road system means all roads designated as county roads by F.S. ch. 336, including access easements.

Curb means a concrete or asphalt border forming part of gutter along the edge of pavement.

Day care center means a day care facility where the number of children cared for on a fee basis exceeds the number allowed in a family day care home, or the number of adults served exceeds seven.

Deferred tax liability means an amount equal to the difference between the total amount of taxes which would have been due in March in each of the previous years in which the covenant was in effect if the property had been assessed under the provisions of F.S. § 193.011 and the total amount of taxes actually paid in those years when the property was assessed under the provisions of this subsection, plus six percent interest per year on the amount so established.

Density for the purpose of residential density means an objective measurement of the number of residential units allowed per net acre of land. Net acreage is determined by subtracting the acreage of surface water bodies, as defined in article XIII of this Code, from the total acreage of a parcel of land.

Department means planning and development services.

Developer means any person undertaking any development or subdivision of land. Use or appearance of any structure or and, or the dividing of land into three or more parcels.

Development, also referred to as development activity, means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land or other modifications of the natural landscape above and below ground or water on a particular site. It includes the division of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land. Subparagraphs (1) and (2) provide more specific examples of what is and what is not "development" for purposes of this Code. Reference to particular activities, uses or operations is not intended to limit the generality of this subsection.

a.

The following activities or uses shall be taken for the purposes of this act to involve "development:"

1.

Any construction, reconstruction, alteration of the size, or material change in the external appearance of a structure on newly developed or existing parcels.

2.

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

3.

Alteration of a wetland or the shore or bank of a river, stream, lake, pond, or canal.

4.

Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.

5.

Demolition of a structure.

6.

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

7.

Construction, filling, excavating, grading, paving, dredging, mining, drilling or related activities that otherwise significantly disturb the soil of a site.

8.

Building, installing, enlarging, replacing or substantially restoring an impervious surface, or water management system, and including the long-term storage of materials.

9.

Subdividing land into two or more parcels.

10.

Erection of a permanent sign unless expressly exempted by article VIII of this Code.

11.

Alteration of a historic property for which authorization is required under this Code.

12.

Changing the use of a site so that the need for parking is increased.

13.

Construction, elimination or alteration of a driveway onto a public street, or any alteration of an existing driveway connection a roadway to existing property included in subsection (1) above.

b.

The following operations or uses shall not be taken for the purpose of this act to involve "development:"

1.

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

2.

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

3.

Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure, except to the extent that such alterations are regulated on a structure designated as historic under article IV of this Code.

4.

The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock, or for other agricultural purposes. Provided, however, that agriculture activities and agriculture related uses that may require a special use permit or a commercial or industrial zoning shall be considered development. Examples of these types of uses may include commercial feedlots, concentrated dairy farms, rendering plants, livestock auction facilities and saw mills.

5.

A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class, unless the original use is the subject of a special use permit, a PUD zoning or development agreement and the change in use will represent a deviation from the conditions of the special use permit, the PUD or the development agreement.

6.

A change in the ownership or form of ownership of any existing parcel (i.e. does not involve the division of land into two or more parcels) or existing structure.

7.

The creation or termination of riparian rights and private covenants concerning development of land or other rights in land.

8.

Clearing vegetation without altering the topography of a single lot or parcel for purposes of building a single family home. All such clearing shall be in accord with the site design requirements and limitations in article VI of this Code.

Development agreement means any agreement entered into by the county with any person having a legal or equitable interest in real property located within its jurisdiction that may include, but is not limited to, development agreements created pursuant to article X of this Code, or an agreement or development order pursuant to F.S. §§ 163.3220—163.3243, as may be amended from time to time.

Development order means an order granting, denying, or granting with conditions an application for approval of a development project or activity. A distinction is made between development order, which encompasses all orders and permits, and three distinct types of development orders—Preliminary development order, final development order, and development permit, which are defined as follows:

a.

Preliminary development order means any preliminary approval that does not authorize actual construction, mining, or alterations to land and/or structures. A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual and conditional approvals where a series of sequential approvals are required before the action authorizes commencement of construction or land alteration. For purposes of this Code, preliminary development orders include future land use map amendments, comprehensive plan amendments that affect land use or development standards, conceptual plan approval, and master plan approval.

b.

Final development order means the final authorization of a development project; the authorization of which must be granted prior to issuance of a development permit as defined for purposes of this Code. The final development order authorizes the project, whereas the development permit authorizes specific components of the project, such as building construction, parking lot installation, landscaping, and the like. For purposes of this Code, the final development plan approval is the final development order.

c.

Development permit means, for purposes of this Code, an official county document which authorizes the commencement of construction or land alteration without need for further application and approval. Development permits include, but are not limited to: all types of construction permits (plumbing, electrical, foundation, mechanical, and so forth, in addition to the building permit itself), grading permits, septic tank permits, sign permits, etc.

Dock or docking facility means a fixed or floating structure within a water body, including mooring pilings, tie poles, dolphins, boat lift, and other accessory structures, which has as its purpose the berthing of buoyant vessels or providing access to the water for the use or enjoyment of the water body.

Driveway means a prepared path for a vehicle giving ingress of egress from a roadway to an abutting property line.

Dwelling unit means a single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Fair share means the cost of public facilities needed to serve a proposed development based on the impact of the development to the public facilities. The fair share shall first be determined by the director of the county department responsible for maintaining the facilities and set forth in a final development order or a separate fair share assessment contract. The property owner or developer may provide his own analysis of what should constitute a fair share cost, provided that such analysis is based on generally accepted criteria in this state for fair share assessments.

Family day care home shall be as defined in F.S. § 402.302.

Floor area means the sum of the gross horizontal areas of all floors in a building, measured from exterior faces of exterior walls or from the centerline of walls separating two attached buildings.

Floor area ratio means the ratio of gross floor area of all buildings on the lot or parcel to the total area of the lot or parcel.

Frontage means the length of the property line of any one premises parallel to and along each public right-of-way it borders.

Future land use map shall mean the future land use map series of the Putnam County Comprehensive Plan.

Gross floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

Groundwater means water occurring in the ground within the zone of saturation (the zone within which permeable soil and rock materials are saturated with water under hydrostatic pressure, Meinzer, 1949).

Group residential center means a residential facility where the primary purpose of the facility is to provide living quarters for eight or more persons who reside in the facility due to neglect, disability or age.

Group residential home means a residential facility where the primary purpose of the facility is to provide living quarters for seven or fewer persons who reside in the facility due to neglect, disability or age.

Group treatment center means a residential or non-residential facility where the primary purpose of the facility is to provide treatment or other services to eight or more persons who reside in or use the facility due to drug use, past incarceration, mental illness, or the like.

Group treatment home means a residential facility where the primary purpose of the facility is to provide treatment or other services to seven or fewer persons who reside in the facility due to drug use, past incarceration, mental illness, or the like.

Gutter means a man-made channel for draining of stormwater at the edge of a pavement.

Habitat means the place or type of site where a species naturally or normally nests, feeds, resides, or migrates, including for example, characteristic topography, soils, and vegetative cover.

Hazardous substances means hazardous substances listed in Chapter 38F-41 of the Florida Administrative Code, sections 261 and 302.4 of Title 40 of the Code of Federal Regulations, and Part 355 Appendix A and B of Title 50 of the Code of Federal Regulations, including updates or amendments thereto. A hazardous substance, as defined herein, includes any solution, mixture, or formulation containing such materials, and also includes any material which, due to its chemical or physical characteristics as determined by the director upon the advice of the Putnam County Environmental Services Director, poses a substantial threat to the life, health, or safety of persons or property or to the environment.

Heavy equipment means trucks with greater than six wheels and all off-road construction, mining, industrial, or farm vehicles or equipment.

Height, unless otherwise defined in this Code, means the vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the structure. See also section 45-503(d) for measuring building or structure height.

Highest adjacent grade means the highest natural elevation of the ground surface adjacent to the proposed walls of a structure.

Historic district means a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or areas, which are united historically or aesthetically by plan or physical development. A district may be comprised of individual resources which are separated geographically but are linked by association or history.

Homeowners association means a formally constituted, private, non-profit association or corporation made up of the property owners and/or residents for the purpose of owning, operating and maintaining various common properties.

Hospital means an establishment that offers medical care and facilities and beds for use beyond 24 hours for individuals requiring diagnosis, treatment or cure for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy and which regularly makes available at least clinical laboratory services, diagnostic x-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent. The term hospital shall include the buildings themselves and any accessory uses such as hospital maintenance and storage facilities, helistops for hospital emergency services, parking and emergency facilities, related teaching and training activities, accessory indoor auditoriums/conference rooms, accessory indoor minor retail, miscellaneous service, and personal service uses, and incidental publishing and printing of hospital related information.

Illuminated sign means [a] sign which contains a source of light or which is designed or arranged to reflect light from an artificial source including indirect lighting, neon, incandescent lights, back-lighting, and shall also include signs with reflectors that depend upon automobile headlights for an image.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

Improvement means any man-made, immovable item which becomes part of, is placed upon, or is affixed to real estate.

Land means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Land surveyor means a land surveyor registered under F.S. ch. 472 who is in good standing with the state board of land surveyors.

Landfill means a land site used primarily for the disposal by dumping, burial, burning, or other means and for whatever purposes, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, and other waste, scrap or discarded material of any kind.

Laundry, retail means a business that provides either home-type clothes washing, drying or ironing machines and/or dry cleaning for hire to be used by customers on the premises, or that provides clothes washing, dry cleaning, drying, and/or ironing for individual customers who leave their clothes for cleaning.

Level of service means an indicator of the extent or degree of service provided by or proposed to be provided by a public facility based on and related to the operational characteristics of the public facility.

Loading space, off-street means a designated space within, adjacent to, or in close proximity to the main building to be used expressly for loading and unloading cargo from trucks or other motor vehicles.

Local street means a street which is used to serve adjacent properties by providing the initial access to collector and arterial streets.

Lot means the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter, or other name through which it may be identified.

Lot of record means a lot, which is part of a subdivision, the plat of which has been recorded in the public records of Putnam County, Florida, or any parcel of land described by metes and bounds, the description of which has been recorded in the public records of Putnam County, Florida, provided such lot met the minimum lot requirements of the zoning district in which it was located at the time of recording and was recorded on or before December 19, 1991.

Manufactured home means a modular home or mobile home.

Mean high water line (see also ordinary high water line) means the jurisdictional line on the shore of tidal waters between privately owned lands and sovereignty lands established by a statistical average of the high tides over a period of many years. Precise determination of the line is established by survey with reference to the available tidal datum, preferably averaged over a period of 18.6 years; apparent shoreline is determined by reference to physical markings, lines of vegetation, or changes in type of vegetation.

Mobile home means a manufactured home that does not fall within the definition of "manufactured building" at F.S. § 553.36.

Mobile sign means any sign which is manifestly designed to be transported by trailer or on its own wheels, including such signs even though the wheels may be removed and the remaining chassis or support structure converted to an A- or T-frame sign and attached temporarily to the ground.

Modular home means a manufactured home that falls within the definition of "manufactured building" at F.S. § 553.36.

Necessary public facilities means public facilities that may be required to maintain a level of service established in the Putnam County Comprehensive Plan.

Nightclub means a restaurant, dining room, bar or other similar establishment serving alcoholic beverages, in which paid floor shows, music or other forms of entertainment, other than adult entertainment as defined by Ordinance 2002-30, are provided for customers as a part of the commercial enterprise. Nightclubs selling alcoholic beverages are subject to the supplemental provisions governing the sale of alcoholic beverages for on-site consumption found in section 45-163.

Nonconforming lot or parcel is a lot or parcel that fails to meet the dimension requirements (i.e. area, width, depth and frontage) of this Code, but was lawfully created prior to the effective date of this Code or any amendments thereto and has been determined to be vested to the comprehensive plan and this Code pursuant to article IX, division 2 of this Code.

Occupied or occupancy means the use of a building or land for any purpose, including occupancy for residential, commercial, industrial and public use. "Occupied" include the use of land or buildings for manufacturing and storing facilities. "Occupied" includes arranged, designed, built, altered, converted or intended to be used or occupied.

Onsite sewage treatment and disposal system means any domestic sewage treatment and disposal facility, including standard subsurface systems, gray water systems, laundry wastewater systems, alternative systems of experimental systems, installed or proposed to be installed on land of the owner or on other land to which the owner has the legal right to install a system.

Open space means vegetated, pervious surface areas of land set aside for parks, outdoor recreation, green space or viable agriculture, as these terms are defined herein.

Ordinary high water line (see also mean high water line) means the line on the shore established by the fluctuations of water and indicated by physical characteristics such as the clear natural line impressed on the bank, shelving changes in the character of soil, destruction of the terrestrial vegetation, the presence of litter and debris or other appropriate means that consider the characteristics of the surrounding areas.

Owner means a person who, or entity which, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question.

Parapet means that portion of a building wall that rises above the roof level.

Parcel means a unit of land within legally established property lines. If, however, the property lines are such as to defeat the purposes of this Code or circumvent the requirements of this Code, a "parcel" may be as designated for a particular site by the director.

Park, outdoor recreational or green space uses includes boating, fishing, hunting, primitive camping, swimming, horseback riding, and historical, archaeological, scenic, or scientific sites.

Perpetual covenant means a permanent recorded covenant running with the land and acts as an encumbrance upon the title.

Person means any individual, partnership, general or limited, firm, association, joint venture, estate, trust, business trust, syndicate, fiduciary, corporation, and all other groups or combinations. "Person" includes the state and any public body.

Pet, household means any domestic animal normally owned or kept as a pet including any cat, dog, rabbit, parrot, pigeon, or other animal deemed by the director to be appropriate as a domestic pet, provided such animal is confined to the limits of the residential property occupied by the owner of such pet and does not constitute a public nuisance.

Present use means the manner in which the land is utilized on January 1 of the year in which the assessment is made.

Poultry means chickens, turkeys, ducks, geese, guineas, or other fowl.

Premises means an area of land with its appurtenances and buildings with a unity of use.

Principal building or use means a main use of land, as distinguished from an accessory use, or the building housing the main or principal use of the lot or parcel.

Public facilities means all sanitary sewer, solid waste, drainage, potable water, park, recreation and road facilities described in the Putnam County Comprehensive Plan.

Public works department means the Director of Public Works of Putnam County or his designated representative.

Residential project fence means a wall or fence erected around a residential subdivision (but not individual lots) or development of five or more dwelling units.

Right-of-way means land dedicated, deeded, used, or to be used, for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies.

Sawmill means a facility for the cutting, planning, shredding, or otherwise processing raw logs into lumber, mulch, or other unfinished wood products. This shall not be deemed to include the cutting, sanding or otherwise working with wood or lumber where such is part of the on-site process of creating a finished wood product such as furniture, cabinets, or the like.

Shoreline means the land or water along the edge of a body of water that is 50 feet upland from the ordinary high water line.

Shoreline vegetation means vegetation that grows within the shoreline area; included are terrestrial and aquatic plants associated with wetlands and both emergent (plants growing above the water surface) and non-emergent (vegetation below the water surface).

Sign, for purposes of this Code, a sign is any illuminated or non-illuminated identification, description, illustration or device which is visible from any public space or is located on private property and exposed to the public and directs attention to a product, service, place, activity, person, institution, business, cause or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify, or convey information, with the exception of window displays and national flags. For purposes of removal, signs shall also include all sign structures.

State means the State of Florida.

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

Structure, which includes a building, means a thing constructed or erected on the ground, attached to something having location on the ground or requiring construction or erection on the ground.

Successor homeowners association means an entity established for the purpose of coordinating the collection and expenditure of funds for the maintenance of certain designated improvements or lands within a subdivision. For the purposes of this subsection, a successor homeowners association may raise funds through the imposition of dues or other fund-raising, but may not charge a fee for the use of lands subject to a covenant.

Swale means a natural or man-made, open drainage depression in which stormwater may flow.

Temporary sign means a sign that is designed, constructed, and intended to be used on a short-term basis.

Truck stop means an establishment principally used for refueling and servicing trucks and tractor-trailer rigs. A truck stop may include convenience stores, sleeping and shower facilities for drivers, restaurants, snack bars and facilities to repair, wash and maintain commercial trucks and tractor-trailers.

Under canopy or marquee sign means a sign suspended below the ceiling or roof of a canopy or marquee.

Use means the purpose for which land or water or a structure thereon is designated, arranged, or intended to be occupied or used or for which it is occupied, used or maintained.

Veterinary facilities: Large animal means any commercial use providing veterinary services for domesticated animals customarily raised on farms, including cows, horses, ponies, mules, donkeys, swine, goats, sheep, and the like.

Veterinary facilities: Small animal means any commercial use providing veterinary services exclusively for small domesticated animals customarily kept as pets such as dogs, cats, birds, reptiles, monkeys, rabbits, and the like. The term shall not include uses where veterinary services are provided for large farm animals such as cows, horses, ponies, mules, donkeys, swine, goats, sheep, and the like.

Water body is defined to include rivers, lakes, creeks or pond beds and any other permanently or historically water-covered land that occurs naturally at the intended site, up to the mean high water level. Maintained drainage ditches and retention ponds are not considered water bodies.

Wildlife pets means animals classified as Class I or Class II wildlife as defined by state law (currently Section 68A-6.002, F.A.C), which are kept as pets and not for breeding or other commercial purposes.

Yard means a required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.