DEFINITIONS
Unless specifically defined below, words or phrases used in this Code shall be ascribed a meaning which they have in common usage and which gives this Code its most reasonable application:
Accessory dwelling unit: An ancillary or secondary living unit that has a separate kitchen, bathroom, and sleeping area, either within the same structure, or on the same lot, as the primary dwelling unit.
Accessory structure: A structure which is customarily incidental to, or found in association with, the primary structure and is located on the same lot or parcel as the primary structure.
Accessory use: A use that is incidental, related, and clearly subordinate to the primary use of the property, and which does not significantly affect or alter the primary use of the property.
Address of convenience: The accessory use of a dwelling unit limited to telephone purposes related to the residence owner's business or occupation, provided no business activity excluding phone calls where no transactions occur on the premise.
Adjacent: Nearby but not necessarily adjoining.
Adjoining: A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.
Agriculture: Use of the land for the growing of crops, plants, or trees for wholesale plant production, animal raising and grazing, aquaculture, animal breeding, bee keeping (apiary) uses in accordance with sec. 586.00 Florida Statutes, game preserves, lands diverted to soil conservation or forestry, training or stabling of animals, horticulture, floriculture or any similar agricultural activity. Animal raising and grazing shall mean the keeping of one or more animals commonly associated with an agricultural use, including, but not limited to, cows, horses, pigs, goats, sheep, ducks, turkeys, chickens, geese, roosters, ponies, and other similar animals. Animal raising and grazing shall not include animals which are normally considered as household pets and which can be maintained and cared for within the living space of a residence. The keeping of 5 or more household pets shall be considered a kennel, as defined and regulated by this Code.
Agricultural Light (Light Industrial): Use of land devoted to the growing of produce and/or horticultural plants, aquaculture, where noise, odor, runoff, insects, pests, and other impacts are contained on-site and do not negatively affect adjacent land uses, and which may include secondary exterior storage of equipment or materials incidental to the processing, preparation, packaging and distribution of non-livestock agricultural products.
Agricultural Light (Public Park and Recreation Facilities): Use of land devoted to the growing of produce and/or horticultural plants, small-animal care including ducks, chickens, geese, goats and rabbits, equestrian therapy and associated horse care, aquaculture, bee keeping (apiary) uses in accordance with sec. 586.00 Florida Statutes, or related uses, where noise, odor, runoff, insects, pests, and other impacts are contained on-site and do not negatively affect adjacent land uses, and which may include secondary exterior storage of equipment or materials incidental to processing, preparation, packaging and distribution of non-livestock agricultural products.
Amendment (atlas and text): A change to the designations or boundaries of the Official Zoning Atlas or The Future Land Use Map Series, or a change to the text of this Code or the Comprehensive Plan.
Ancillary nonresidential uses: Off-street parking, drainage retention areas and open space buffer areas for adjacent nonresidential uses.
Approved plan: A plan which has been granted final approval by the appropriate approving authority established by this Code.
Approving authority: The agency, board, group or other legally designated individual or authority which has been charged by this Code for review and approval of plans and other applications.
Archaeological site: A location that has yielded or may yield information on history or prehistory. An archeological site contains physical remains of the past.
As-built drawings: Engineered drawings showing the locations, elevations, dimensions, capacity, and operational capability of structures or facilities as they have been installed or constructed.
Assessed value: The value at which property is appraised for tax purposes.
Beer: All brewed beverages containing malt as defined in Chapter 561, Florida Statutes, as may be amended from time to time.
Block: A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, water, or any other barrier.
Boarding houses: A dwelling unit or establishment in which lodging is provided by the owner or operator to one (1) or more boarders on a nontransient basis, and in which common eating service may be provided. The term boarding house shall not include residential living facilities. A boarder shall mean an individual who, for consideration, is furnished sleeping accommodations or other services as part of the consideration.
Brewpub: An establishment where food, beer, and malt beverages are duly-licensed to be made on the premises where 50% or more of the beer produced on site is sold and/or consumed on site.
Buffer: Land area used to visibly separate one use from another or to shield nuisances.
Building: Any structure whether permanent or temporary having a roof supported by columns and walls and intended for shelter, housing or enclosure.
Building codes: The building codes, fire codes, housing codes, plumbing codes, electrical codes and all other applicable federal, state and local codes regulating construction in the City of Safety Harbor.
Building permit: Any building, construction or public works permit required by the City to develop property.
Campground: Two (2) or more campsites established or maintained for occupancy by the general public as temporary living quarters for recreation.
Capacity: A determination of the availability of a facility based upon estimated demand by a project, including the demand of other approved but not built developments to be served by the same facility in the same time period, as compared to the total capacity of the facility.
Certificate of occupancy: A permit issued by the Building Official allowing occupancy of a structure in compliance with City building codes.
Change of use: Any use of land or of a structure which substantially differs in character, intensity or impact upon public facilities from the previous use of land or structure.
Church: A structure or group of structures where the primary use is for the conducting of organized religious services and religious education. A parsonage or custodial residence shall be considered accessory to a church. A church is not deemed to include a school of general education, a school of special education, or day care center.
City manager: The administrative manager of the City or his/her designee.
Commercial: An activity or use carried out for monetary gain and designated as a commercial use by this Code.
Commercial (intensive): Commercial uses which typically involve major repair services, extensive outdoor storage, or the display of heavy equipment, vehicles, or materials.
Commercial recreation facilities: A recreation facility operated as a business and open to the public for a fee or membership. For the purpose of this Code a commercial recreation facility does not include golf courses, country clubs or private recreation facilities accessory to a subdivision or residential project.
Commercial vehicle: Any motor vehicle which is designed or used principally for business, governmental, or nonprofit organizational purposes; has a platform, cabinet, box, rack, compartment, or other facility for transportation of materials and equipment; or conspicuously displays the name or other advertising of a business, agency, or organization on the exterior of the vehicle.
Common ownership: Private ownership by more than one individual in any form.
Community garden: An area of land managed and maintained by a group of individuals or nonprofit organization to grow and harvest food crops and/or nonfood, ornamental crops, such as flowers, for personal or group use, consumption, donation, or nonprofit sale at a location off-site from where the community garden is located.
Community residential home: A residential living facility as defined by Section 52.00 of this Code.
Community service use: A building or structure owned and operated by a governmental agency to provide a governmental service to the public. Such uses shall include, but not be limited to, post offices, emergency service stations, schools, and correctional institutions.
Compliance: To meet or exceed the minimum requirements of the applicable building codes, this Code, or the Comprehensive Plan.
Concurrency: The necessary public facilities and services to maintain the adopted level of service standards for utilities, recreation and open space, and drainage, as defined in Chapter 163.3180, Florida Statutes.
Concurrent: Occurring at the same time.
Conditional use: Uses which are not permitted by right in a specific zoning district but which when subjected to a review according to established standards may be approved subject to certain restrictions and safeguards.
Congregate care facility: A residential living facility as defined by Section 52.00 of this Code.
Consistency: In compliance with the goals, objectives and policies of all elements contained in the Comprehensive Plan.
Construction material establishment: Where the primary use of the site is the retail selling of lumber, hardware or building material.
Construction (public works) permit: A type of building permit required for the alteration of land or extension or installation of infrastructure.
Construction service establishment: Any establishment where the primary use is the provision of services that result in the fabrication, construction, alteration, repair, or development of land or structures.
Cottage food operation: A natural person or entity that produces or packages cottage food products at the residence of the natural person or at the residence of a natural person who has an ownership interest in the entity and sells such products in accordance with Section 500.80, Florida Statutes. Cottage food operations with annual gross sales that do not exceed $250,000 are not subject to the permitting requirements of Section 500.12, Florida Statutes.
Day care center: An establishment which receives for care and supervision five (5) or more children or adults for less than 24 hours per day and includes day nurseries, kindergartens, and nursery schools.
Day care home: A private residence which receives for care and supervision not more than four (4) children or adults, including those individuals receiving care who reside therein, for less than 24 hours per day. Licensing by Pinellas County shall be required where it applies.
Day pet boarding establishment: An establishment in which domesticated animals are housed or boarded for less than 24 hours per day with no overnight stays subject to the requirements and performance standards of Section 68.00 of the City of Safety Harbor Comprehensive Zoning and Land Development Code.
Deficient facility: A road operating at a peak hour level of service E or F, and/or a volume-to-capacity (v/c) ratio of 0.9 or higher with no mitigating improvements scheduled within three years. The most current edition of the Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report identifies roadways operating with deficient levels of service.
Density: Number of dwelling units per acre of land excluding public road rights-of-way and submerged land.
Developer: Any person undertaking the use or development of land and shall include the property owner, authorized agent, the holder of an option contract, lessee, or other person holding proprietary interests in the land.
Development (new): A development activity which occurs after the effective date of this Code.
Development (nonresidential): A development activity which is not residential or accessory to a residential use.
Development (residential): A development activity which involves a dwelling unit or which is accessory to a dwelling unit.
Development activity: The subdivision of land; construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; mining, excavation, dredging, or land disturbance; and any use or extension of use of land or change in intensity.
Development agreement: An agreement between the City and a property owner or developer to develop a defined site in a specific manner and processed pursuant to the requirements of Article VII of this Code.
Development order: Any building permit, rezoning, subdivision approval, variance, conditional use approval, or any other official action by the City having the effect of permitting a development activity.
Development permit: Any approved final site plan, building permit, rezoning, variance, conditional use, or any other official action of the City having the effect of allowing the development of land.
Development plan: A plan prepared and submitted pursuant to the requirement of Article V of this Code.
Director: The Director of the Planning and Zoning Department of the City.
Dredging: A method of removing solids from the bottom of wetlands and coastal waters which can result in the disturbance of natural ecological cycles.
Driveway: A private roadway providing access for vehicles to a parking area, garage, dwelling, or other structure.
Dwelling (mobile home): A structure intended as a one family dwelling, which is transportable in one or more sections, which is at least 8 feet in width and 32 feet in length, and which is built on an integral chassis, with or without a permanent foundation when connected to the required utilities.
Dwelling (multifamily): One structure containing more than two (2) dwelling units on a single lot or parcel or a single lot or parcel containing more than two (2) dwelling units.
Dwelling (one-family): A structure containing one (1) dwelling unit.
Dwelling (single-family attached): A one-family dwelling on a single lot attached to two or more one-family dwellings by common vertical walls.
Dwelling (single-family detached): A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
Dwelling (single-family semidetached): A one-family dwelling attached to one other one family dwelling by a common vertical wall, and each dwelling located on a separate lot.
Dwelling (two-family or duplex): One structure containing two (2) units on a single lot or parcel or a single lot or parcel containing two (2) dwelling units.
Dwelling unit: One or more rooms, designed, occupied or intended for use as a complete, independent living facility for no more than one (1) family.
Eating establishments, sit down: Any restaurant, coffee shop, or other establishment where food and drink is prepared, served, and consumed primarily on site.
Eating establishments, fast food: Any restaurant or beverage shop where food and drink are prepared and served that includes a drive thru. Food and drink may be consumed on site or be retrieved by a motor vehicle driver at the drive thru window.
Emergency service facilities: Public or quasi-public police, fire, rescue, ambulance or similar services.
Emergency shelter: Any residence or other establishment providing room, board, protection, preplacement screening, or counseling, for a period not to exceed an average stay of 30 days per person, for abused children, abused adults, or similar persons not related to the owner of the premises by law, blood, marriage or adoption.
Engineer of record: A professional registered with the State of Florida and licensed as a professional engineer who is designated by the developer to exercise all engineering involved in a project.
Entertainment: The live performance or playing of music by an individual, group of individuals, band, or disc jockey.
EPA: The U.S. Environmental Protection Agency.
Establishment: An economic or nonprofit unit, generally at a single physical location, where business is conducted or services or industrial operations performed.
Excavation: The removal or recovery of soil, rock, minerals or organic substances by any means whatsoever from land or water. See also Dredging.
Family: One or more individuals occupying a dwelling unit and living as a single household unit.
Family care home: A residential living facility as defined by Section 52.00 of this Code.
FDEP: Florida Department of Environmental Protection.
FDOH: The Florida Department of Health.
FDOT: Florida Department of Transportation.
FEMA: Federal Emergency Management Agency.
Fence: An artificially erected barrier of any material or combination of materials erected to enclose or screen areas of land.
FGFWFC: Florida Game and Freshwater Fish Commission.
Fill: Any material deposited for the purpose of raising the level of the natural land surface.
Final subdivision plat: The final format of a subdivision prepared in accordance with the requirements of Article XI of this Code and Chapter 177, Florida Statutes and prepared for recording.
FIRM: Flood Insurance Rate Map.
Floor area ratio: The gross floor area of all structures on a site divided by the site area, excluding public road rights-of-way and submerged land.
Frontage: That side of a lot adjoining a street.
Funeral home: An establishment used for the preparation of the deceased for burial and ceremonies connected therewith before burial or cremation.
Future right-of-way line: The right-of-way line necessary for future road widening as shown by the Future Right-of-Way Needs Map of this Code.
Grade (finished): The elevation of the ground after alteration at the highest point adjoining the building or structure. For split level buildings, the finished grade is measured at the lowest horizontal floor of the structure.
Grade (natural): The elevation of the ground in its natural state before alteration.
Grading: The stripping, cutting, filling, or stockpiling of earth or land, including the land in its final cut or filled condition.
Gross floor area: The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of the vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.
Gross residential acre: Number of acres put toward one or more than one residential use, excluding public road rights-of-way and submerged land.
Groundwater: The supply of freshwater under the surface in an aquifer or soil that forms the natural reservoir for potable water.
Group homes: A premises which houses three (3) or more unrelated individuals not living as a family. The term includes dormitories, boarding homes, and similar uses.
Guest cottage: An accessory structure on a residentially used lot or parcel that is used to exclusively house members of the family occupying the primary dwelling or their nonpaying guests, is not served by utility hookups separate from the primary dwelling, and does not contain cooking facilities.
Half street: One-half (½) of the required street right-of-way measured from the centerline of the right-of-way.
Height (building): The vertical distance to the highest point of the roof for a flat roof; to the deckline of a mansard roof; and to the average height between eaves and the ridge for gable, hip, and gambrel roofs measured from the finished grade. This height shall be measured from the base flood elevation required by the National Flood Insurance Program when a structure is located in an area of special flood hazard or from the minimum grade necessary to provide positive drainage as approved by the City Engineer.
Home occupation: The conditional use of a dwelling unit for gainful employment provided the occupational use is incidental to the primary purpose of the dwelling unit as a residence.
Hospital: A facility licensed under Chapter 395, Florida Statutes as a hospital.
Hotel: A structure containing sleeping accommodations in which transient guests are lodged for short stays consistent with F.S. § 509.013(4)(a) and in accordance with all requirements thereof. These shall not be used for permanent housing and shall be licensed as hotels by the state department of business regulation or its successor agency.
Impact: The effect of a development activity on circulation, required Levels of Service, surrounding land uses, the environment and other factors either directly or indirectly.
Impermeable: Not permitting the passage of water.
Impervious surface: Any material which reduces or prevents absorption of stormwater.
Impervious surface ratio (ISR): The area of all impervious surfaces on a site divided by the gross site area, excluding public road rights-of-way and submerged land.
Implementation: Carrying out or fulfilling plans or proposals.
Infrastructure: Facilities and services needed to support and sustain development activities, including, but not limited to, streets, drainage, communication lines, electric lines, parks, landfills, water and sewer.
Institutional use: An establishment operated by a public or nonprofit organization and performing related services of a nonprofit nature.
Intensity: The measure of a permitted development expressed in terms of impervious surface ratio (ISR) and floor area ratio (FAR).
Junkyard: An establishment or parcel used for the storage, collection, recycling, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery, building materials, household appliances, wrecked or inoperative vehicles and similar material.
Kennel: An establishment in which 5 or more domesticated animals more than one year old are housed, groomed, bred, boarded, trained, sold or traded.
Kitchen: A room or area intended or designed for the cooking or preparation of food by having a sink and either a natural gas opening or provision for an electric range, stove, or oven.
Land: Ground, soil or earth including structures or improvements on, above or below the surface.
Landscaping service establishments: An establishment where the primary use involves the maintenance of landscaping and open areas as a service usually performed by contract.
Level of service: An indicator of the extent or degree of service provided by, or proposed to be provided by a facility based upon and related to the operational characteristics of the facility. The required levels of service and related facilities are established by the City's Comprehensive Plan.
Light printing establishment: An establishment where the primary use is printing, reproduction, or publishing not involving linotype or large scale type-setting operations on the premises.
Local planning agency (LPA): The agency designated by the City to review the Comprehensive Plan pursuant to the requirements of Chapter 163, Florida Statutes.
Lodging facility (bed and breakfast): An owner-occupied residence which provides lodging on a transient basis in a structure which is listed on the City, state or national historic site inventory but which does not change the residential or historical character of the structure. The term does not include a hotel, motel, boarding house or tourist home.
Lot: A designated tract of land established by subdivision or as otherwise permitted by law, to be used, developed, or built upon as a single unit.
Lot (corner): A lot or parcel located at the junction of and adjoining two or more intersecting streets.
Lot (double frontage or through): A lot which fronts on two (2) parallel streets.
Lot (flag): A lot which does not meet the minimum lot width and is not classified as a nonconforming lot of record.
Lot (reverse frontage): A through or corner lot intentionally designed so that the front lot line faces a local rather than an adjoining thoroughfare street.
Lot area: The total area within the boundaries of a lot excluding any street rights-of-way.
Lot Coverage: the area of a property that is covered with the principal structure, including patios (unenclosed or enclosed with roof) and garages.
Lot depth: The average horizontal distance between the front and rear lot lines.
Lot line: The legal boundary of a lot or parcel of land.
Lot line (front): The lot line separating the lot from the adjoining street right-of-way line. See Yard, front.
Lot line (rear): The lot line opposite the front. See Yard, rear.
Lot line (side): The lot line or lines other than the front or rear. See Yard, side.
Lot of record: A lot or parcel which is shown on a subdivision plat of record or which is legally described on a deed recorded on or before the effective date of this Code, and was not created in violation of the requirements of this or a previous Code.
Lot width: The distance between the side lot lines measured at the required front yard setback.
Manufacturing (heavy): An establishment engaged in the mechanical or chemical transformation of materials or substances into new products, and which may involve significant air, water, noise, radiation, visual, odorous, or other pollution, and which would have a significant impact upon surrounding properties. The term heavy manufacturing shall include junk or salvage yards.
Manufacturing (light): An establishment which primarily involves the assembly, packaging, cleaning, servicing, testing and repairing of materials, products, or equipment inside the principal structure, without the need for large accessory structures.
Marina: An establishment used for the storing, fueling, berthing and securing of pleasure boats. Minor repair not including the removal of mechanical or structural parts from the boat may be permitted as an accessory use under this Code.
Medical marijuana treatment center: Any entity that holds an active, unrestricted license to cultivate, process, transport, and dispense low-THC cannabis, medical cannabis, and cannabis delivery devices pursuant to section 381.986, Florida Statutes, as may be amended from time to time.
Medical marijuana treatment center cultivating facility: A medical marijuana treatment center with a primary use of growing and cultivating medical marijuana pursuant to section 381.986, Florida Statutes.
Medical marijuana treatment center dispensing facility: A medical marijuana treatment center with a primary use of dispensing medical marijuana pursuant to section 381.986, Florida Statutes.
Medical marijuana treatment center processing facility: A medical marijuana treatment center with a primary use of processing medical marijuana pursuant to section 381.986, Florida Statutes.
Microbrewery: An establishment where beer and malt beverages are duly licensed to be made on the premises and then sold or distributed, and which produces less than 15,000 barrels (465,000 U.S. gallons) of beer per year.
Micro-distillery: A duly licensed establishment primarily engaged in on-site distillation of spirits in quantities not to exceed 75,000 gallons per year. The distillery operation processes the ingredients to make spirits by mashing, cooking, and fermenting. The micro-distillery operation does not include the production of any other alcoholic beverage.
Miniwarehouse: An establishment providing separate storage spaces at varying sizes leased or rented on an individual basis primarily for the storage of personal or household goods.
Mobility plan: The framework providing for a countywide approach to managing the traffic impacts of development projects and to increasing mobility for pedestrians, bicyclists, transit users and motor vehicles through the implementation of the Countywide Multimodal Impact Fee Ordinance (Pinellas County Land Development Code Section 150) and the transportation provisions of this section through the site plan review process.
Motor freight terminal: An establishment where the primary use is the storage, routing and reshipment of freight by truck.
Motor pool facility: An establishment where the primary uses the outdoor or indoor storage, service, maintenance or repair of motor vehicle fleets.
Multimodal impact fee district: Areas from which impact fee monies are collected and expended. These districts are defined in Pinellas County Land Development Code Section 150.
Nano brewery: An establishment where beer is duly licensed to be made on the premises and then sold, which produces less than 2,000 barrels of beer per year (62,000 U.S. gallons).
Net floor area: The floor area of a structure excluding stairwells, elevator shafts, basements, attics, equipment rooms, screen rooms, interior parking and other areas not intended for human habitation or public services.
Nonconforming lot: A lot which does not meet the requirements of this Code in terms of area, width, or other dimensions but which lawfully existed at the time of adoption of this Code.
Nonconforming structure: A structure which does not meet the dimensional or intensity requirements of this Code but which lawfully existed at the time of adoption of this Code.
Nonconforming use: The use of land or of a structure which does not meet the use regulations of this Code but which lawfully existed at the time of adoption of this Code.
Nonconformity: A lot, structure, use or characteristic of use such as density, parking, signage, drainage or some other characteristic of the property which does not comply with the regulations of this Code, but which lawfully existed at the time of adoption of this Code.
Nursery: Land or greenhouses used to raise flowers, shrubs or plants for sale.
Nursing home: Any facility so licensed under Chapter 500, Part I, Florida Statutes.
Office (business): The use of any office for the conduct of administrative, managerial, governmental, informational, or business-related activities such as laboratories, apothecaries, travel agencies, telephone answering services, salesmen or sales representatives, credit reporting services, and stock brokering. Business offices shall include offices for nonprofit organizations and musicians or artist's studios.
Office (professional): The use of any office or clinic where the primary use is the conduct of business by licensed professionals such as engineers, architects, dentists, lawyers, accountants and physicians.
Official zoning atlas: The map which shows the official zoning designations and their boundaries as adopted by this Code and as amended by official action of the City.
Open space: Any land or water area essentially unimproved and set aside for the use and enjoyment of the owners and occupants of such land or the general public if so designated. Open space shall include required and decorative landscaping.
Ordinance: Any City law adopted in accordance with the requirements of Chapter 166, Florida Statutes.
Outdoor storage: The storing or displaying in any open area of any goods, equipment, material or vehicles.
Overhang: The part of a roof or wall which extends beyond the facade of the lower wall. Also the portion of a vehicle which extends beyond the wheel stops or curb.
Owner: The owner of fee title to the property in question. An authorized agent may be designated by the owner to carry out the intended business.
Parcel: Any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit.
Parking lot: An off-street, ground level area, usually improved with paving, landscaping and drainage for the temporary storage of motor vehicles.
Peak hour: In describing traffic conditions, is the 100th highest volume hour of the year in the predominant traffic flow direction.
Percolation: The infiltration of water through the ground.
Performance security: A security accepted by the City that the improvements required by this Code will be satisfactorily completed in accordance with the applicable building codes of the City's specifications.
Permitted use: The use of land or of a structure which is permitted by right under the provisions of this Code.
Personal/business service establishment: Establishments primarily engaged in providing services involving the care of a person or their apparel, and engaged in rendering services to business establishments on a fee or contract basis. Personal services include laundry, cleaning and garment services, linen supply, coin operated laundromats, tailors, carpet and upholstery cleaning, photographic studios, beauty shops, barber shops, shoe repair, hat cleaning, diaper services, and similar uses. Business services include mailing and packaging services, photo finishing, janitorial services, copying and similar uses.
Pet day boarding: The boarding of pets for less than a 24-hour period, with no overnight stays, as an accessory use to a veterinary clinic or pet grooming business.
Pinellas Planning Council (PPC): The countywide planning body for Pinellas County established by Chapter 88-464, Laws of Florida.
Plan: The City's Comprehensive Plan.
Potable water: Water suitable for consumption.
Primary use: The predominant use of the land or of a structure.
Private club: An association organized and operated on a nonprofit basis for persons who are bona fide dues paying members established for the fraternal, social, educational, recreational or cultural enrichment of its members. Food, meals and beverages may be served on premises. This definition is not intended to include bottle clubs as defined by Section 62.00(C) of this Code.
Project: A development activity along with the site improvements required by this Code.
Public education facilities: These uses are defined as elementary schools, special education facilities, alternative education facilities, middle schools, high schools, and area vocational-technical schools of the Pinellas County School District.
Public facilities and services: Those necessary public facilities and services covered by a Comprehensive Plan Element for which level of service standards have been adopted by the City. These include sanitary sewer, solid waste, drainage, potable water, and recreation.
Public hearing: A meeting announced and advertised in advance and open to the public, with the public given the opportunity to participate.
Public/semipublic: The uses appropriate under the preservation, recreation/open space, institutional and transportation/utility categories or the Comprehensive Plan Future Land Use Map Series.
Quality restaurant: A sit-down restaurant with table turnover rates of one hour or more.
Quasi-public: A public service rendered by a nonprofit organization.
Recording: Filed and recorded with the Clerk of the Court for Pinellas County.
Recovery home: A group residential facility with one or more supervisors residing on the premises, with professional staff services needed, providing board, lodging, supervision, medication and other treatment and counseling, for personal progressing from relatively intensive treatment for crime, delinquency, mental or emotional illness, alcoholism, drug addiction, or similar conditions to full normal participation in community life and persons otherwise in need of a structured environment to deal with such conditions.
Recreational vehicle: A portable vehicle which can be towed, hauled or driven and is mainly intended for recreational use. Recreational vehicles shall include, but not be limited to, any motorized home, travel trailer, small cargo trailer, boat, boat trailer, house boat, horse van, slide in or pop up camper, collapsible trailer and similar vehicles.
Recreational vehicle park: A facility designed for temporary or transient living accommodations for recreational, camping, and travel related purposes. A recreational vehicle park shall not include hotel, motel, or lodging facility.
Regional brewery: A duly-licensed brewery with an annual beer production of between 15,000 and 6,000,000 barrels. A regional brewery may include a taproom as an accessory use.
Rental service establishment: Any establishment where the primary use is the rental to the general public of household items and tools, gardening tools and equipment, small appliances, sporting goods or similar items. A rental service establishment shall not include the rental of vehicles.
Repair service: Any establishment where the primary use is the repair and general service of common home appliances such as radio and T.V., sewing machines, lawn mowers, upholstering and draperies, musical instruments, power tools and similar services.
Reserve strip: A strip of land specifically created or designed to have the effect of denying access from adjacent property to a public street.
Residential equivalent use: A residential-like accommodation other than a dwelling unit, including, group home, congregate care, nursing home and comparable assisted living facilities. No such use shall be required or eligible to employ the residential equivalent standards for density/intensity for any household that qualifies as a dwelling unit. This use shall not include any type of use authorized by Chapter 419, F.S., Community Residential Homes, which is entitled to be treated as a dwelling unit.
Residential living facility: A dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services as defined by Section 52.00 of this Code.
Residential treatment facility: Any residential establishment other than a hospital or nursing home providing relatively intensive diagnostic or therapeutic services for its residents for alcoholism, drug abuse, mental illness, emotional problems, developmental disabilities or similar conditions.
Retail food establishment: An establishment where the primary use is the sale of takeout food or delivery with limited accessory seating. Such establishments include ice cream shops, delicatessens, sandwich shops, caterers, and pizza delivery establishments. These types of establishments are often found in association with shopping centers.
Retail sales: Any establishment where the primary use is the sale of goods or merchandise to the general public for personal or household consumption. Limited processing may be permitted as accessory to the selling activity.
Rezone: An amendment to the Official Zoning Atlas changing the zoning classification of a particular parcel of land.
Right-of-way: A strip of land acquired by dedication, prescription, condemnation or purchase for use as a road, crosswalk, railroad line, electric transmission line, oil or gas pipeline, other utility lines, or similar use. A right-of-way reservation is a strip of land intended for future purchase as a right-of-way. The term "right-of-way" does not include easement.
Right-of-way line: The lines that form the outer boundaries of a right-of-way.
Schools of general education: A public, parochial, private school, college, or university, or a school for the mentally or physically handicapped, giving regular instruction at least five (5) days per week except holidays for a normal school year. A school of general education does not include a school of special education or day care center unless conducted as a part of a school of general education.
School of special education: A school of special education is a school devoted primarily to giving instruction in special subjects such as vocational, technical, music, arts, dancing, drama, linguistic, religious, business, secretarial and similar subjects.
Screening: A method of visually shielding or obscuring an adjoining structure or use from another by fencing, walls, berms or densely planted vegetation.
Self-service gasoline station: An establishment where the retail sale of gasoline is pumped by the customer and usually occurs in conjunction with the retail sale of convenience items such as milk, bread, soda, soap and similar household or personal items.
Service station: An establishment where the primary use is the retail sale of gasoline, tires, oil, batteries and other automobile accessories but which also includes not more than four (4) service stalls for the performance of regular automotive maintenance services and minor vehicle repair.
Setback (line): A line that is required by this Code as the minimum distance from a lot line.
Shopping center: A group of three (3) or more commercial establishments planned, constructed, or managed as a total entity, with parking provided on site.
Shoreline: A line which follows the mean high water line for tidal waterbodies and the ordinary high water line for fresh water.
Site: Any lot, parcel of land or combination of adjoining lots or parcels of land where development is to be performed as a single project.
Site plan: A development proposal prepared and submitted pursuant to Section 229.02 of this Code.
Soil map: A map prepared by the Soil Conservation Service of the Department of Agriculture indicating soil characteristics including slope, seasonal high water, permeability and natural drainage class.
Special event: Any temporary meeting, activity, parade or gathering having a common purpose on any private or public property which preempts the usual flow of pedestrian or vehicular travel or which deviates from the established use of said area.
Special exception: A conditional use for which the Board of Appeals has the authority for review and approval as specifically established by the terms of the Code.
Story: That portion of a structure between the surface of any floor and the surface of the next floor above it; if there is no floor above it, then the space between the floor and the ceiling next above it.
Street: A strip of land intended for vehicular and pedestrian travel and providing the primary access to property.
Street (local): Any street not functionally classified as a thoroughfare by the Traffic Circulation Element of the Comprehensive Pan.
Street (private): Any street which is not owned and maintained by the City, County or State.
Street (thoroughfare): Any street functionally classified as a collector, arterial, or expressway by the Traffic Circulation Element of the Comprehensive Plan.
Street intersection: Where two or more streets cross at grade.
Street line: The dividing line between a street and a lot. For private streets the street line shall be the edge of the pavement or the edge of the legally described access easement, whichever is greater.
Structure: A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.
Studio: A structure or portion of a structure used as a place to work by an artist, photographer, musician or similar artisan.
Subdivision: The division of a lot, tract or parcel as defined, prepared and submitted in accordance with the standards, requirements and procedures of Article XI of this Code.
Submerged land: The land area situated below surface waters as defined and set forth in Rule 62-340.600 of the Florida Administrative Code, as may be amended from time to time. For the purpose of this definition, retention areas that are a function of development shall be considered submerged lands.
Surveyor: A professional who is registered with and licensed by the State of Florida as a land surveyor.
SWFWMD: Southwest Florida Water Management District.
Taproom: A room that is ancillary to the production of beer at a brewery, microbrewery, and brewpub where the public can purchase and/or consume alcoholic beverages as licensed and regulated by the State of Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco.
Tasting Room: A room that is ancillary to the production of spirits where the public can purchase and/or consume the spirits produced by the micro-distillery on site as licensed and regulated by the State of Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco.
Tavern: An establishment for the sale of alcoholic beverages to be consumed on the premises, sometimes also serving food.
Temporary structure: A structure without any permanent foundation or footings and which is removed after a designated time period.
Temporary use: Any use of property or of a structure which is not designed nor intended to be permanent in nature.
Thoroughfare intersection: Where a thoroughfare street crosses another street at grade.
Tide: A periodic rise and fall of salty or brackish waters caused by gravitational pull.
Tier: A series of rows of lots arranged one above or behind the other.
Tourist home: A single-family detached dwelling used to provide temporary lodging accommodations for compensation to transient residents, especially tourists. A transient resident shall mean a visitor to the community who does not use the dwelling as a principal residence, who is neither gainfully employed in the community nor a student currently enrolled in a school located in the community or who resides in the dwelling for 6 weeks or less. The term tourist home shall not include a hotel/motel, lodging facilities or boarding homes. Tourist homes shall not be located within 1,200 feet of a pre-existing tourist home. The locational standard shall be measured from the nearest property line of the existing home to the nearest property line of the proposed home.
Toxic, hazardous, or industrial wastes: A solid waste or combination of solid wastes which because of its or their quality, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed and further classified by the Florida Substance List, Chapter 442,103, Florida statutes.
TRC: The Technical Review Committee of the City Staff designated by this Code to review development activities for compliance with the applicable federal, state, and local laws and regulations.
Traffic generation: The vehicular traffic likely to be attracted to a particular use. The traffic rate is defined by the current edition of the Institute of Traffic Engineers Trip Generation Rate Manual.
Transfer of development rights: The transfer of a right to develop, expressed in terms of residential density or floor area ratio, from land in one area or designation to land in another area or designation where the transfer is permitted in accordance with Sections 166.00 through 166.03 of this Code.
Transient accommodation use: A use offering transient lodging accommodations for a term of less than one month, more than three times in any consecutive 12-month period. Accessory services shall be limited to gift shops which offer convenience items, coffee shops, and recreational facilities. All accessory services shall be oriented toward the convenience of the guest and not for the general public.
Transitional use: A use of land or a structure of an intermediate intensity between a more intensive and less intensive use.
Transportation management plan: As developed by an applicant representing a proposed development, is submitted in conjunction with individual site plans seeking to utilize transportation management strategies to address their development impacts, protect roadway capacity and to increase mobility (See Section 141.11 for further information).
Transportation management system: The management of development impacts on transportation facilities and implementation of mobility improvements pursuant to the Mobility Plan.
Travel trailer: A vehicular, portable structure built on a chassis and designed primarily for overnight or extended occupancy on a transient basis.
Tree: As defined in Section 153.01 of this Code.
Trip: A single one-way vehicle movement either to or from a subject use or parcel of land.
USACOE: U. S. Army Corps of Engineers.
Use: The purpose of activity for which land or structures are designed, arranged or intended, or for which they are actually occupied or maintained.
USFWS: U. S. Fish and Wildlife Service.
Utility service (light): Means any of the following uses:
a.
Electric substations and distribution centers;
b.
Natural gas, oil and petroleum product distribution centers;
c.
Radio, television, and microwave facilities;
d.
Stand-alone sewage pumping stations not accessory to a project or use of land;
e.
Telecommunication facilities;
f.
Stand-alone potable water storage and pumping stations not accessory to a project or use of land;
g.
Service and supply yards less than one-half (½) acre in size.
Utility service (heavy): Establishments engaged in the generation, transmission and/or distribution of utilities including electricity, gas or steam, potable water and sanitary sewer systems, and the collection or disposal of solid waste including sanitary landfills. The term heavy utility service shall include related service and supply yards in excess of one-half (½) acre in size.
Vehicle: A self-propelled device used for the transportation of people or goods, and may include vehicles used for recreation and vehicle trailers.
Vehicle rental establishment: Any establishment where the primary use is the rental of vehicles such as automobiles, motorcycles, trucks, trailers, boats, travel trailers, farm equipment and construction equipment.
Vehicle repair (major): An establishment where the primary use is the major repair, custom rebuilding and reconditioning of vehicles or related vehicle parts including collision service, welding, machine work, vehicle painting and where services not otherwise classified as minor vehicle repair are provided.
Vehicle repair (minor): An establishment where vehicle accessories may be supplied and/or dispensed for retail sale, and where the following vehicle repair services are performed entirely within an enclosed structure:
a.
Tire servicing and repair, provided no recapping and regrooving occurs;
b.
Replacement of mufflers, tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, wipers and blades, wheel bearings, mirrors and similar service;
c.
Replacement of batteries, water pumps, fuel pumps and alternators;
d.
Radiator cleaning and flushing;
e.
Washing, polishing and detailing;
f.
Oil change, greasing and lubrication;
g.
Minor servicing, repair and rebuilding of carburetors;
h.
Adjusting and repairing brakes;
i.
Minor motor adjustments not involving removal of the engine, head or crank case;
j.
Warranty maintenance, safety inspections, and regular maintenance activities.
Vehicle sales establishment: Any establishment where the primary use is the retail sale of vehicles such as automobiles, motorcycles, trucks, trailers, boats, travel trailers, farm equipment and construction equipment. Accessory vehicle repair (major or minor) and vehicle preparation may be provided.
Warehouse: An establishment where the primary use is the storage of merchandise, products, or materials in bulk for a fee or change or for distribution to other establishments operated by the same business enterprise.
Water-dependent uses: Establishments which provide activities which can only be carried out on, in or adjacent to the water because the use requires access to the water for transportation, recreation, power generation, or water supply.
Water-related uses: Establishments which are not directly dependent upon access to a water body but which provide amenities, goods, or services directly related to a water body or water dependent uses.
Waterline (mean high): The line formed by the intersection of the tidal plane of mean high water with the shore as established by the procedures of Chapter 177, Florida Statutes under the Florida Coastal Mapping Act.
Waterline (ordinary high): The line formed by the intersection of the plane of mean high water with the shore for fresh waterbodies and watercourses with reference to current USGS or other official government sources.
Wholesale trade: An establishment primarily engaged in the selling of merchandise to retailers; to industrial, commercial, institutional, or professional users, or to other wholesalers; or acting as agents or brokers for the purpose of buying merchandise for, or selling to, such companies.
Yard: Any area on the same lot or parcel with a structure lying between the structure and the nearest lot line, unobstructed from the ground upward and unoccupied except encroachments permitted in accordance with the provisions of this Code.
Yard (front): A yard extending across the full width of a lot or parcel between any structure and the front lot line measured perpendicular to the structure. On a corner lot the front yard shall be defined in accordance with Section 23.05 of this Code.
Yard (rear): A yard extending across the full width of the lot between the rear lot line and the rear of the structure, and measured perpendicular to the structure to the closest point of the rear lot line.
Yard (side): A yard between the side lot line and the sides of the structure, measured from the front yard to the rear yard perpendicular from the side lot line to the closest point of the structure. On a corner lot the side yard shall be defined in accordance with Section 23.05 of this Code.
(Ord. No. 2014-03, § 1, 3-17-2014; Ord. No. 2014-04, § 1, 5-5-2014; Ord. No. 2015-05, § 15, 3-16-2015; Memo of 1-19-2016; Ord. No. 2016-06, § 4, 8-1-2016; Ord. No. 2016-18, §§ 1, 2, 6-6-2016; Ord. No. 2017-03, § 2, 3-6-2017; Ord. No. 2017-15, § 1, 6-19-2017; Ord. No. 2017-37, § 2, 12-18-2017; Ord. No. 2018-17, § 5, 12-17-2018; Ord. No. 2019-05, § 6, 9-16-2019; Ord. No. 2019-10, § 2, 10-21-2019; Ord. No. 2022-03, § 8, 4-18-2022; Ord. No. 2022-09, § 3, 2-6-2023)
DEFINITIONS
Unless specifically defined below, words or phrases used in this Code shall be ascribed a meaning which they have in common usage and which gives this Code its most reasonable application:
Accessory dwelling unit: An ancillary or secondary living unit that has a separate kitchen, bathroom, and sleeping area, either within the same structure, or on the same lot, as the primary dwelling unit.
Accessory structure: A structure which is customarily incidental to, or found in association with, the primary structure and is located on the same lot or parcel as the primary structure.
Accessory use: A use that is incidental, related, and clearly subordinate to the primary use of the property, and which does not significantly affect or alter the primary use of the property.
Address of convenience: The accessory use of a dwelling unit limited to telephone purposes related to the residence owner's business or occupation, provided no business activity excluding phone calls where no transactions occur on the premise.
Adjacent: Nearby but not necessarily adjoining.
Adjoining: A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.
Agriculture: Use of the land for the growing of crops, plants, or trees for wholesale plant production, animal raising and grazing, aquaculture, animal breeding, bee keeping (apiary) uses in accordance with sec. 586.00 Florida Statutes, game preserves, lands diverted to soil conservation or forestry, training or stabling of animals, horticulture, floriculture or any similar agricultural activity. Animal raising and grazing shall mean the keeping of one or more animals commonly associated with an agricultural use, including, but not limited to, cows, horses, pigs, goats, sheep, ducks, turkeys, chickens, geese, roosters, ponies, and other similar animals. Animal raising and grazing shall not include animals which are normally considered as household pets and which can be maintained and cared for within the living space of a residence. The keeping of 5 or more household pets shall be considered a kennel, as defined and regulated by this Code.
Agricultural Light (Light Industrial): Use of land devoted to the growing of produce and/or horticultural plants, aquaculture, where noise, odor, runoff, insects, pests, and other impacts are contained on-site and do not negatively affect adjacent land uses, and which may include secondary exterior storage of equipment or materials incidental to the processing, preparation, packaging and distribution of non-livestock agricultural products.
Agricultural Light (Public Park and Recreation Facilities): Use of land devoted to the growing of produce and/or horticultural plants, small-animal care including ducks, chickens, geese, goats and rabbits, equestrian therapy and associated horse care, aquaculture, bee keeping (apiary) uses in accordance with sec. 586.00 Florida Statutes, or related uses, where noise, odor, runoff, insects, pests, and other impacts are contained on-site and do not negatively affect adjacent land uses, and which may include secondary exterior storage of equipment or materials incidental to processing, preparation, packaging and distribution of non-livestock agricultural products.
Amendment (atlas and text): A change to the designations or boundaries of the Official Zoning Atlas or The Future Land Use Map Series, or a change to the text of this Code or the Comprehensive Plan.
Ancillary nonresidential uses: Off-street parking, drainage retention areas and open space buffer areas for adjacent nonresidential uses.
Approved plan: A plan which has been granted final approval by the appropriate approving authority established by this Code.
Approving authority: The agency, board, group or other legally designated individual or authority which has been charged by this Code for review and approval of plans and other applications.
Archaeological site: A location that has yielded or may yield information on history or prehistory. An archeological site contains physical remains of the past.
As-built drawings: Engineered drawings showing the locations, elevations, dimensions, capacity, and operational capability of structures or facilities as they have been installed or constructed.
Assessed value: The value at which property is appraised for tax purposes.
Beer: All brewed beverages containing malt as defined in Chapter 561, Florida Statutes, as may be amended from time to time.
Block: A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, water, or any other barrier.
Boarding houses: A dwelling unit or establishment in which lodging is provided by the owner or operator to one (1) or more boarders on a nontransient basis, and in which common eating service may be provided. The term boarding house shall not include residential living facilities. A boarder shall mean an individual who, for consideration, is furnished sleeping accommodations or other services as part of the consideration.
Brewpub: An establishment where food, beer, and malt beverages are duly-licensed to be made on the premises where 50% or more of the beer produced on site is sold and/or consumed on site.
Buffer: Land area used to visibly separate one use from another or to shield nuisances.
Building: Any structure whether permanent or temporary having a roof supported by columns and walls and intended for shelter, housing or enclosure.
Building codes: The building codes, fire codes, housing codes, plumbing codes, electrical codes and all other applicable federal, state and local codes regulating construction in the City of Safety Harbor.
Building permit: Any building, construction or public works permit required by the City to develop property.
Campground: Two (2) or more campsites established or maintained for occupancy by the general public as temporary living quarters for recreation.
Capacity: A determination of the availability of a facility based upon estimated demand by a project, including the demand of other approved but not built developments to be served by the same facility in the same time period, as compared to the total capacity of the facility.
Certificate of occupancy: A permit issued by the Building Official allowing occupancy of a structure in compliance with City building codes.
Change of use: Any use of land or of a structure which substantially differs in character, intensity or impact upon public facilities from the previous use of land or structure.
Church: A structure or group of structures where the primary use is for the conducting of organized religious services and religious education. A parsonage or custodial residence shall be considered accessory to a church. A church is not deemed to include a school of general education, a school of special education, or day care center.
City manager: The administrative manager of the City or his/her designee.
Commercial: An activity or use carried out for monetary gain and designated as a commercial use by this Code.
Commercial (intensive): Commercial uses which typically involve major repair services, extensive outdoor storage, or the display of heavy equipment, vehicles, or materials.
Commercial recreation facilities: A recreation facility operated as a business and open to the public for a fee or membership. For the purpose of this Code a commercial recreation facility does not include golf courses, country clubs or private recreation facilities accessory to a subdivision or residential project.
Commercial vehicle: Any motor vehicle which is designed or used principally for business, governmental, or nonprofit organizational purposes; has a platform, cabinet, box, rack, compartment, or other facility for transportation of materials and equipment; or conspicuously displays the name or other advertising of a business, agency, or organization on the exterior of the vehicle.
Common ownership: Private ownership by more than one individual in any form.
Community garden: An area of land managed and maintained by a group of individuals or nonprofit organization to grow and harvest food crops and/or nonfood, ornamental crops, such as flowers, for personal or group use, consumption, donation, or nonprofit sale at a location off-site from where the community garden is located.
Community residential home: A residential living facility as defined by Section 52.00 of this Code.
Community service use: A building or structure owned and operated by a governmental agency to provide a governmental service to the public. Such uses shall include, but not be limited to, post offices, emergency service stations, schools, and correctional institutions.
Compliance: To meet or exceed the minimum requirements of the applicable building codes, this Code, or the Comprehensive Plan.
Concurrency: The necessary public facilities and services to maintain the adopted level of service standards for utilities, recreation and open space, and drainage, as defined in Chapter 163.3180, Florida Statutes.
Concurrent: Occurring at the same time.
Conditional use: Uses which are not permitted by right in a specific zoning district but which when subjected to a review according to established standards may be approved subject to certain restrictions and safeguards.
Congregate care facility: A residential living facility as defined by Section 52.00 of this Code.
Consistency: In compliance with the goals, objectives and policies of all elements contained in the Comprehensive Plan.
Construction material establishment: Where the primary use of the site is the retail selling of lumber, hardware or building material.
Construction (public works) permit: A type of building permit required for the alteration of land or extension or installation of infrastructure.
Construction service establishment: Any establishment where the primary use is the provision of services that result in the fabrication, construction, alteration, repair, or development of land or structures.
Cottage food operation: A natural person or entity that produces or packages cottage food products at the residence of the natural person or at the residence of a natural person who has an ownership interest in the entity and sells such products in accordance with Section 500.80, Florida Statutes. Cottage food operations with annual gross sales that do not exceed $250,000 are not subject to the permitting requirements of Section 500.12, Florida Statutes.
Day care center: An establishment which receives for care and supervision five (5) or more children or adults for less than 24 hours per day and includes day nurseries, kindergartens, and nursery schools.
Day care home: A private residence which receives for care and supervision not more than four (4) children or adults, including those individuals receiving care who reside therein, for less than 24 hours per day. Licensing by Pinellas County shall be required where it applies.
Day pet boarding establishment: An establishment in which domesticated animals are housed or boarded for less than 24 hours per day with no overnight stays subject to the requirements and performance standards of Section 68.00 of the City of Safety Harbor Comprehensive Zoning and Land Development Code.
Deficient facility: A road operating at a peak hour level of service E or F, and/or a volume-to-capacity (v/c) ratio of 0.9 or higher with no mitigating improvements scheduled within three years. The most current edition of the Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report identifies roadways operating with deficient levels of service.
Density: Number of dwelling units per acre of land excluding public road rights-of-way and submerged land.
Developer: Any person undertaking the use or development of land and shall include the property owner, authorized agent, the holder of an option contract, lessee, or other person holding proprietary interests in the land.
Development (new): A development activity which occurs after the effective date of this Code.
Development (nonresidential): A development activity which is not residential or accessory to a residential use.
Development (residential): A development activity which involves a dwelling unit or which is accessory to a dwelling unit.
Development activity: The subdivision of land; construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; mining, excavation, dredging, or land disturbance; and any use or extension of use of land or change in intensity.
Development agreement: An agreement between the City and a property owner or developer to develop a defined site in a specific manner and processed pursuant to the requirements of Article VII of this Code.
Development order: Any building permit, rezoning, subdivision approval, variance, conditional use approval, or any other official action by the City having the effect of permitting a development activity.
Development permit: Any approved final site plan, building permit, rezoning, variance, conditional use, or any other official action of the City having the effect of allowing the development of land.
Development plan: A plan prepared and submitted pursuant to the requirement of Article V of this Code.
Director: The Director of the Planning and Zoning Department of the City.
Dredging: A method of removing solids from the bottom of wetlands and coastal waters which can result in the disturbance of natural ecological cycles.
Driveway: A private roadway providing access for vehicles to a parking area, garage, dwelling, or other structure.
Dwelling (mobile home): A structure intended as a one family dwelling, which is transportable in one or more sections, which is at least 8 feet in width and 32 feet in length, and which is built on an integral chassis, with or without a permanent foundation when connected to the required utilities.
Dwelling (multifamily): One structure containing more than two (2) dwelling units on a single lot or parcel or a single lot or parcel containing more than two (2) dwelling units.
Dwelling (one-family): A structure containing one (1) dwelling unit.
Dwelling (single-family attached): A one-family dwelling on a single lot attached to two or more one-family dwellings by common vertical walls.
Dwelling (single-family detached): A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
Dwelling (single-family semidetached): A one-family dwelling attached to one other one family dwelling by a common vertical wall, and each dwelling located on a separate lot.
Dwelling (two-family or duplex): One structure containing two (2) units on a single lot or parcel or a single lot or parcel containing two (2) dwelling units.
Dwelling unit: One or more rooms, designed, occupied or intended for use as a complete, independent living facility for no more than one (1) family.
Eating establishments, sit down: Any restaurant, coffee shop, or other establishment where food and drink is prepared, served, and consumed primarily on site.
Eating establishments, fast food: Any restaurant or beverage shop where food and drink are prepared and served that includes a drive thru. Food and drink may be consumed on site or be retrieved by a motor vehicle driver at the drive thru window.
Emergency service facilities: Public or quasi-public police, fire, rescue, ambulance or similar services.
Emergency shelter: Any residence or other establishment providing room, board, protection, preplacement screening, or counseling, for a period not to exceed an average stay of 30 days per person, for abused children, abused adults, or similar persons not related to the owner of the premises by law, blood, marriage or adoption.
Engineer of record: A professional registered with the State of Florida and licensed as a professional engineer who is designated by the developer to exercise all engineering involved in a project.
Entertainment: The live performance or playing of music by an individual, group of individuals, band, or disc jockey.
EPA: The U.S. Environmental Protection Agency.
Establishment: An economic or nonprofit unit, generally at a single physical location, where business is conducted or services or industrial operations performed.
Excavation: The removal or recovery of soil, rock, minerals or organic substances by any means whatsoever from land or water. See also Dredging.
Family: One or more individuals occupying a dwelling unit and living as a single household unit.
Family care home: A residential living facility as defined by Section 52.00 of this Code.
FDEP: Florida Department of Environmental Protection.
FDOH: The Florida Department of Health.
FDOT: Florida Department of Transportation.
FEMA: Federal Emergency Management Agency.
Fence: An artificially erected barrier of any material or combination of materials erected to enclose or screen areas of land.
FGFWFC: Florida Game and Freshwater Fish Commission.
Fill: Any material deposited for the purpose of raising the level of the natural land surface.
Final subdivision plat: The final format of a subdivision prepared in accordance with the requirements of Article XI of this Code and Chapter 177, Florida Statutes and prepared for recording.
FIRM: Flood Insurance Rate Map.
Floor area ratio: The gross floor area of all structures on a site divided by the site area, excluding public road rights-of-way and submerged land.
Frontage: That side of a lot adjoining a street.
Funeral home: An establishment used for the preparation of the deceased for burial and ceremonies connected therewith before burial or cremation.
Future right-of-way line: The right-of-way line necessary for future road widening as shown by the Future Right-of-Way Needs Map of this Code.
Grade (finished): The elevation of the ground after alteration at the highest point adjoining the building or structure. For split level buildings, the finished grade is measured at the lowest horizontal floor of the structure.
Grade (natural): The elevation of the ground in its natural state before alteration.
Grading: The stripping, cutting, filling, or stockpiling of earth or land, including the land in its final cut or filled condition.
Gross floor area: The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of the vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.
Gross residential acre: Number of acres put toward one or more than one residential use, excluding public road rights-of-way and submerged land.
Groundwater: The supply of freshwater under the surface in an aquifer or soil that forms the natural reservoir for potable water.
Group homes: A premises which houses three (3) or more unrelated individuals not living as a family. The term includes dormitories, boarding homes, and similar uses.
Guest cottage: An accessory structure on a residentially used lot or parcel that is used to exclusively house members of the family occupying the primary dwelling or their nonpaying guests, is not served by utility hookups separate from the primary dwelling, and does not contain cooking facilities.
Half street: One-half (½) of the required street right-of-way measured from the centerline of the right-of-way.
Height (building): The vertical distance to the highest point of the roof for a flat roof; to the deckline of a mansard roof; and to the average height between eaves and the ridge for gable, hip, and gambrel roofs measured from the finished grade. This height shall be measured from the base flood elevation required by the National Flood Insurance Program when a structure is located in an area of special flood hazard or from the minimum grade necessary to provide positive drainage as approved by the City Engineer.
Home occupation: The conditional use of a dwelling unit for gainful employment provided the occupational use is incidental to the primary purpose of the dwelling unit as a residence.
Hospital: A facility licensed under Chapter 395, Florida Statutes as a hospital.
Hotel: A structure containing sleeping accommodations in which transient guests are lodged for short stays consistent with F.S. § 509.013(4)(a) and in accordance with all requirements thereof. These shall not be used for permanent housing and shall be licensed as hotels by the state department of business regulation or its successor agency.
Impact: The effect of a development activity on circulation, required Levels of Service, surrounding land uses, the environment and other factors either directly or indirectly.
Impermeable: Not permitting the passage of water.
Impervious surface: Any material which reduces or prevents absorption of stormwater.
Impervious surface ratio (ISR): The area of all impervious surfaces on a site divided by the gross site area, excluding public road rights-of-way and submerged land.
Implementation: Carrying out or fulfilling plans or proposals.
Infrastructure: Facilities and services needed to support and sustain development activities, including, but not limited to, streets, drainage, communication lines, electric lines, parks, landfills, water and sewer.
Institutional use: An establishment operated by a public or nonprofit organization and performing related services of a nonprofit nature.
Intensity: The measure of a permitted development expressed in terms of impervious surface ratio (ISR) and floor area ratio (FAR).
Junkyard: An establishment or parcel used for the storage, collection, recycling, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery, building materials, household appliances, wrecked or inoperative vehicles and similar material.
Kennel: An establishment in which 5 or more domesticated animals more than one year old are housed, groomed, bred, boarded, trained, sold or traded.
Kitchen: A room or area intended or designed for the cooking or preparation of food by having a sink and either a natural gas opening or provision for an electric range, stove, or oven.
Land: Ground, soil or earth including structures or improvements on, above or below the surface.
Landscaping service establishments: An establishment where the primary use involves the maintenance of landscaping and open areas as a service usually performed by contract.
Level of service: An indicator of the extent or degree of service provided by, or proposed to be provided by a facility based upon and related to the operational characteristics of the facility. The required levels of service and related facilities are established by the City's Comprehensive Plan.
Light printing establishment: An establishment where the primary use is printing, reproduction, or publishing not involving linotype or large scale type-setting operations on the premises.
Local planning agency (LPA): The agency designated by the City to review the Comprehensive Plan pursuant to the requirements of Chapter 163, Florida Statutes.
Lodging facility (bed and breakfast): An owner-occupied residence which provides lodging on a transient basis in a structure which is listed on the City, state or national historic site inventory but which does not change the residential or historical character of the structure. The term does not include a hotel, motel, boarding house or tourist home.
Lot: A designated tract of land established by subdivision or as otherwise permitted by law, to be used, developed, or built upon as a single unit.
Lot (corner): A lot or parcel located at the junction of and adjoining two or more intersecting streets.
Lot (double frontage or through): A lot which fronts on two (2) parallel streets.
Lot (flag): A lot which does not meet the minimum lot width and is not classified as a nonconforming lot of record.
Lot (reverse frontage): A through or corner lot intentionally designed so that the front lot line faces a local rather than an adjoining thoroughfare street.
Lot area: The total area within the boundaries of a lot excluding any street rights-of-way.
Lot Coverage: the area of a property that is covered with the principal structure, including patios (unenclosed or enclosed with roof) and garages.
Lot depth: The average horizontal distance between the front and rear lot lines.
Lot line: The legal boundary of a lot or parcel of land.
Lot line (front): The lot line separating the lot from the adjoining street right-of-way line. See Yard, front.
Lot line (rear): The lot line opposite the front. See Yard, rear.
Lot line (side): The lot line or lines other than the front or rear. See Yard, side.
Lot of record: A lot or parcel which is shown on a subdivision plat of record or which is legally described on a deed recorded on or before the effective date of this Code, and was not created in violation of the requirements of this or a previous Code.
Lot width: The distance between the side lot lines measured at the required front yard setback.
Manufacturing (heavy): An establishment engaged in the mechanical or chemical transformation of materials or substances into new products, and which may involve significant air, water, noise, radiation, visual, odorous, or other pollution, and which would have a significant impact upon surrounding properties. The term heavy manufacturing shall include junk or salvage yards.
Manufacturing (light): An establishment which primarily involves the assembly, packaging, cleaning, servicing, testing and repairing of materials, products, or equipment inside the principal structure, without the need for large accessory structures.
Marina: An establishment used for the storing, fueling, berthing and securing of pleasure boats. Minor repair not including the removal of mechanical or structural parts from the boat may be permitted as an accessory use under this Code.
Medical marijuana treatment center: Any entity that holds an active, unrestricted license to cultivate, process, transport, and dispense low-THC cannabis, medical cannabis, and cannabis delivery devices pursuant to section 381.986, Florida Statutes, as may be amended from time to time.
Medical marijuana treatment center cultivating facility: A medical marijuana treatment center with a primary use of growing and cultivating medical marijuana pursuant to section 381.986, Florida Statutes.
Medical marijuana treatment center dispensing facility: A medical marijuana treatment center with a primary use of dispensing medical marijuana pursuant to section 381.986, Florida Statutes.
Medical marijuana treatment center processing facility: A medical marijuana treatment center with a primary use of processing medical marijuana pursuant to section 381.986, Florida Statutes.
Microbrewery: An establishment where beer and malt beverages are duly licensed to be made on the premises and then sold or distributed, and which produces less than 15,000 barrels (465,000 U.S. gallons) of beer per year.
Micro-distillery: A duly licensed establishment primarily engaged in on-site distillation of spirits in quantities not to exceed 75,000 gallons per year. The distillery operation processes the ingredients to make spirits by mashing, cooking, and fermenting. The micro-distillery operation does not include the production of any other alcoholic beverage.
Miniwarehouse: An establishment providing separate storage spaces at varying sizes leased or rented on an individual basis primarily for the storage of personal or household goods.
Mobility plan: The framework providing for a countywide approach to managing the traffic impacts of development projects and to increasing mobility for pedestrians, bicyclists, transit users and motor vehicles through the implementation of the Countywide Multimodal Impact Fee Ordinance (Pinellas County Land Development Code Section 150) and the transportation provisions of this section through the site plan review process.
Motor freight terminal: An establishment where the primary use is the storage, routing and reshipment of freight by truck.
Motor pool facility: An establishment where the primary uses the outdoor or indoor storage, service, maintenance or repair of motor vehicle fleets.
Multimodal impact fee district: Areas from which impact fee monies are collected and expended. These districts are defined in Pinellas County Land Development Code Section 150.
Nano brewery: An establishment where beer is duly licensed to be made on the premises and then sold, which produces less than 2,000 barrels of beer per year (62,000 U.S. gallons).
Net floor area: The floor area of a structure excluding stairwells, elevator shafts, basements, attics, equipment rooms, screen rooms, interior parking and other areas not intended for human habitation or public services.
Nonconforming lot: A lot which does not meet the requirements of this Code in terms of area, width, or other dimensions but which lawfully existed at the time of adoption of this Code.
Nonconforming structure: A structure which does not meet the dimensional or intensity requirements of this Code but which lawfully existed at the time of adoption of this Code.
Nonconforming use: The use of land or of a structure which does not meet the use regulations of this Code but which lawfully existed at the time of adoption of this Code.
Nonconformity: A lot, structure, use or characteristic of use such as density, parking, signage, drainage or some other characteristic of the property which does not comply with the regulations of this Code, but which lawfully existed at the time of adoption of this Code.
Nursery: Land or greenhouses used to raise flowers, shrubs or plants for sale.
Nursing home: Any facility so licensed under Chapter 500, Part I, Florida Statutes.
Office (business): The use of any office for the conduct of administrative, managerial, governmental, informational, or business-related activities such as laboratories, apothecaries, travel agencies, telephone answering services, salesmen or sales representatives, credit reporting services, and stock brokering. Business offices shall include offices for nonprofit organizations and musicians or artist's studios.
Office (professional): The use of any office or clinic where the primary use is the conduct of business by licensed professionals such as engineers, architects, dentists, lawyers, accountants and physicians.
Official zoning atlas: The map which shows the official zoning designations and their boundaries as adopted by this Code and as amended by official action of the City.
Open space: Any land or water area essentially unimproved and set aside for the use and enjoyment of the owners and occupants of such land or the general public if so designated. Open space shall include required and decorative landscaping.
Ordinance: Any City law adopted in accordance with the requirements of Chapter 166, Florida Statutes.
Outdoor storage: The storing or displaying in any open area of any goods, equipment, material or vehicles.
Overhang: The part of a roof or wall which extends beyond the facade of the lower wall. Also the portion of a vehicle which extends beyond the wheel stops or curb.
Owner: The owner of fee title to the property in question. An authorized agent may be designated by the owner to carry out the intended business.
Parcel: Any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit.
Parking lot: An off-street, ground level area, usually improved with paving, landscaping and drainage for the temporary storage of motor vehicles.
Peak hour: In describing traffic conditions, is the 100th highest volume hour of the year in the predominant traffic flow direction.
Percolation: The infiltration of water through the ground.
Performance security: A security accepted by the City that the improvements required by this Code will be satisfactorily completed in accordance with the applicable building codes of the City's specifications.
Permitted use: The use of land or of a structure which is permitted by right under the provisions of this Code.
Personal/business service establishment: Establishments primarily engaged in providing services involving the care of a person or their apparel, and engaged in rendering services to business establishments on a fee or contract basis. Personal services include laundry, cleaning and garment services, linen supply, coin operated laundromats, tailors, carpet and upholstery cleaning, photographic studios, beauty shops, barber shops, shoe repair, hat cleaning, diaper services, and similar uses. Business services include mailing and packaging services, photo finishing, janitorial services, copying and similar uses.
Pet day boarding: The boarding of pets for less than a 24-hour period, with no overnight stays, as an accessory use to a veterinary clinic or pet grooming business.
Pinellas Planning Council (PPC): The countywide planning body for Pinellas County established by Chapter 88-464, Laws of Florida.
Plan: The City's Comprehensive Plan.
Potable water: Water suitable for consumption.
Primary use: The predominant use of the land or of a structure.
Private club: An association organized and operated on a nonprofit basis for persons who are bona fide dues paying members established for the fraternal, social, educational, recreational or cultural enrichment of its members. Food, meals and beverages may be served on premises. This definition is not intended to include bottle clubs as defined by Section 62.00(C) of this Code.
Project: A development activity along with the site improvements required by this Code.
Public education facilities: These uses are defined as elementary schools, special education facilities, alternative education facilities, middle schools, high schools, and area vocational-technical schools of the Pinellas County School District.
Public facilities and services: Those necessary public facilities and services covered by a Comprehensive Plan Element for which level of service standards have been adopted by the City. These include sanitary sewer, solid waste, drainage, potable water, and recreation.
Public hearing: A meeting announced and advertised in advance and open to the public, with the public given the opportunity to participate.
Public/semipublic: The uses appropriate under the preservation, recreation/open space, institutional and transportation/utility categories or the Comprehensive Plan Future Land Use Map Series.
Quality restaurant: A sit-down restaurant with table turnover rates of one hour or more.
Quasi-public: A public service rendered by a nonprofit organization.
Recording: Filed and recorded with the Clerk of the Court for Pinellas County.
Recovery home: A group residential facility with one or more supervisors residing on the premises, with professional staff services needed, providing board, lodging, supervision, medication and other treatment and counseling, for personal progressing from relatively intensive treatment for crime, delinquency, mental or emotional illness, alcoholism, drug addiction, or similar conditions to full normal participation in community life and persons otherwise in need of a structured environment to deal with such conditions.
Recreational vehicle: A portable vehicle which can be towed, hauled or driven and is mainly intended for recreational use. Recreational vehicles shall include, but not be limited to, any motorized home, travel trailer, small cargo trailer, boat, boat trailer, house boat, horse van, slide in or pop up camper, collapsible trailer and similar vehicles.
Recreational vehicle park: A facility designed for temporary or transient living accommodations for recreational, camping, and travel related purposes. A recreational vehicle park shall not include hotel, motel, or lodging facility.
Regional brewery: A duly-licensed brewery with an annual beer production of between 15,000 and 6,000,000 barrels. A regional brewery may include a taproom as an accessory use.
Rental service establishment: Any establishment where the primary use is the rental to the general public of household items and tools, gardening tools and equipment, small appliances, sporting goods or similar items. A rental service establishment shall not include the rental of vehicles.
Repair service: Any establishment where the primary use is the repair and general service of common home appliances such as radio and T.V., sewing machines, lawn mowers, upholstering and draperies, musical instruments, power tools and similar services.
Reserve strip: A strip of land specifically created or designed to have the effect of denying access from adjacent property to a public street.
Residential equivalent use: A residential-like accommodation other than a dwelling unit, including, group home, congregate care, nursing home and comparable assisted living facilities. No such use shall be required or eligible to employ the residential equivalent standards for density/intensity for any household that qualifies as a dwelling unit. This use shall not include any type of use authorized by Chapter 419, F.S., Community Residential Homes, which is entitled to be treated as a dwelling unit.
Residential living facility: A dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services as defined by Section 52.00 of this Code.
Residential treatment facility: Any residential establishment other than a hospital or nursing home providing relatively intensive diagnostic or therapeutic services for its residents for alcoholism, drug abuse, mental illness, emotional problems, developmental disabilities or similar conditions.
Retail food establishment: An establishment where the primary use is the sale of takeout food or delivery with limited accessory seating. Such establishments include ice cream shops, delicatessens, sandwich shops, caterers, and pizza delivery establishments. These types of establishments are often found in association with shopping centers.
Retail sales: Any establishment where the primary use is the sale of goods or merchandise to the general public for personal or household consumption. Limited processing may be permitted as accessory to the selling activity.
Rezone: An amendment to the Official Zoning Atlas changing the zoning classification of a particular parcel of land.
Right-of-way: A strip of land acquired by dedication, prescription, condemnation or purchase for use as a road, crosswalk, railroad line, electric transmission line, oil or gas pipeline, other utility lines, or similar use. A right-of-way reservation is a strip of land intended for future purchase as a right-of-way. The term "right-of-way" does not include easement.
Right-of-way line: The lines that form the outer boundaries of a right-of-way.
Schools of general education: A public, parochial, private school, college, or university, or a school for the mentally or physically handicapped, giving regular instruction at least five (5) days per week except holidays for a normal school year. A school of general education does not include a school of special education or day care center unless conducted as a part of a school of general education.
School of special education: A school of special education is a school devoted primarily to giving instruction in special subjects such as vocational, technical, music, arts, dancing, drama, linguistic, religious, business, secretarial and similar subjects.
Screening: A method of visually shielding or obscuring an adjoining structure or use from another by fencing, walls, berms or densely planted vegetation.
Self-service gasoline station: An establishment where the retail sale of gasoline is pumped by the customer and usually occurs in conjunction with the retail sale of convenience items such as milk, bread, soda, soap and similar household or personal items.
Service station: An establishment where the primary use is the retail sale of gasoline, tires, oil, batteries and other automobile accessories but which also includes not more than four (4) service stalls for the performance of regular automotive maintenance services and minor vehicle repair.
Setback (line): A line that is required by this Code as the minimum distance from a lot line.
Shopping center: A group of three (3) or more commercial establishments planned, constructed, or managed as a total entity, with parking provided on site.
Shoreline: A line which follows the mean high water line for tidal waterbodies and the ordinary high water line for fresh water.
Site: Any lot, parcel of land or combination of adjoining lots or parcels of land where development is to be performed as a single project.
Site plan: A development proposal prepared and submitted pursuant to Section 229.02 of this Code.
Soil map: A map prepared by the Soil Conservation Service of the Department of Agriculture indicating soil characteristics including slope, seasonal high water, permeability and natural drainage class.
Special event: Any temporary meeting, activity, parade or gathering having a common purpose on any private or public property which preempts the usual flow of pedestrian or vehicular travel or which deviates from the established use of said area.
Special exception: A conditional use for which the Board of Appeals has the authority for review and approval as specifically established by the terms of the Code.
Story: That portion of a structure between the surface of any floor and the surface of the next floor above it; if there is no floor above it, then the space between the floor and the ceiling next above it.
Street: A strip of land intended for vehicular and pedestrian travel and providing the primary access to property.
Street (local): Any street not functionally classified as a thoroughfare by the Traffic Circulation Element of the Comprehensive Pan.
Street (private): Any street which is not owned and maintained by the City, County or State.
Street (thoroughfare): Any street functionally classified as a collector, arterial, or expressway by the Traffic Circulation Element of the Comprehensive Plan.
Street intersection: Where two or more streets cross at grade.
Street line: The dividing line between a street and a lot. For private streets the street line shall be the edge of the pavement or the edge of the legally described access easement, whichever is greater.
Structure: A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.
Studio: A structure or portion of a structure used as a place to work by an artist, photographer, musician or similar artisan.
Subdivision: The division of a lot, tract or parcel as defined, prepared and submitted in accordance with the standards, requirements and procedures of Article XI of this Code.
Submerged land: The land area situated below surface waters as defined and set forth in Rule 62-340.600 of the Florida Administrative Code, as may be amended from time to time. For the purpose of this definition, retention areas that are a function of development shall be considered submerged lands.
Surveyor: A professional who is registered with and licensed by the State of Florida as a land surveyor.
SWFWMD: Southwest Florida Water Management District.
Taproom: A room that is ancillary to the production of beer at a brewery, microbrewery, and brewpub where the public can purchase and/or consume alcoholic beverages as licensed and regulated by the State of Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco.
Tasting Room: A room that is ancillary to the production of spirits where the public can purchase and/or consume the spirits produced by the micro-distillery on site as licensed and regulated by the State of Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco.
Tavern: An establishment for the sale of alcoholic beverages to be consumed on the premises, sometimes also serving food.
Temporary structure: A structure without any permanent foundation or footings and which is removed after a designated time period.
Temporary use: Any use of property or of a structure which is not designed nor intended to be permanent in nature.
Thoroughfare intersection: Where a thoroughfare street crosses another street at grade.
Tide: A periodic rise and fall of salty or brackish waters caused by gravitational pull.
Tier: A series of rows of lots arranged one above or behind the other.
Tourist home: A single-family detached dwelling used to provide temporary lodging accommodations for compensation to transient residents, especially tourists. A transient resident shall mean a visitor to the community who does not use the dwelling as a principal residence, who is neither gainfully employed in the community nor a student currently enrolled in a school located in the community or who resides in the dwelling for 6 weeks or less. The term tourist home shall not include a hotel/motel, lodging facilities or boarding homes. Tourist homes shall not be located within 1,200 feet of a pre-existing tourist home. The locational standard shall be measured from the nearest property line of the existing home to the nearest property line of the proposed home.
Toxic, hazardous, or industrial wastes: A solid waste or combination of solid wastes which because of its or their quality, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed and further classified by the Florida Substance List, Chapter 442,103, Florida statutes.
TRC: The Technical Review Committee of the City Staff designated by this Code to review development activities for compliance with the applicable federal, state, and local laws and regulations.
Traffic generation: The vehicular traffic likely to be attracted to a particular use. The traffic rate is defined by the current edition of the Institute of Traffic Engineers Trip Generation Rate Manual.
Transfer of development rights: The transfer of a right to develop, expressed in terms of residential density or floor area ratio, from land in one area or designation to land in another area or designation where the transfer is permitted in accordance with Sections 166.00 through 166.03 of this Code.
Transient accommodation use: A use offering transient lodging accommodations for a term of less than one month, more than three times in any consecutive 12-month period. Accessory services shall be limited to gift shops which offer convenience items, coffee shops, and recreational facilities. All accessory services shall be oriented toward the convenience of the guest and not for the general public.
Transitional use: A use of land or a structure of an intermediate intensity between a more intensive and less intensive use.
Transportation management plan: As developed by an applicant representing a proposed development, is submitted in conjunction with individual site plans seeking to utilize transportation management strategies to address their development impacts, protect roadway capacity and to increase mobility (See Section 141.11 for further information).
Transportation management system: The management of development impacts on transportation facilities and implementation of mobility improvements pursuant to the Mobility Plan.
Travel trailer: A vehicular, portable structure built on a chassis and designed primarily for overnight or extended occupancy on a transient basis.
Tree: As defined in Section 153.01 of this Code.
Trip: A single one-way vehicle movement either to or from a subject use or parcel of land.
USACOE: U. S. Army Corps of Engineers.
Use: The purpose of activity for which land or structures are designed, arranged or intended, or for which they are actually occupied or maintained.
USFWS: U. S. Fish and Wildlife Service.
Utility service (light): Means any of the following uses:
a.
Electric substations and distribution centers;
b.
Natural gas, oil and petroleum product distribution centers;
c.
Radio, television, and microwave facilities;
d.
Stand-alone sewage pumping stations not accessory to a project or use of land;
e.
Telecommunication facilities;
f.
Stand-alone potable water storage and pumping stations not accessory to a project or use of land;
g.
Service and supply yards less than one-half (½) acre in size.
Utility service (heavy): Establishments engaged in the generation, transmission and/or distribution of utilities including electricity, gas or steam, potable water and sanitary sewer systems, and the collection or disposal of solid waste including sanitary landfills. The term heavy utility service shall include related service and supply yards in excess of one-half (½) acre in size.
Vehicle: A self-propelled device used for the transportation of people or goods, and may include vehicles used for recreation and vehicle trailers.
Vehicle rental establishment: Any establishment where the primary use is the rental of vehicles such as automobiles, motorcycles, trucks, trailers, boats, travel trailers, farm equipment and construction equipment.
Vehicle repair (major): An establishment where the primary use is the major repair, custom rebuilding and reconditioning of vehicles or related vehicle parts including collision service, welding, machine work, vehicle painting and where services not otherwise classified as minor vehicle repair are provided.
Vehicle repair (minor): An establishment where vehicle accessories may be supplied and/or dispensed for retail sale, and where the following vehicle repair services are performed entirely within an enclosed structure:
a.
Tire servicing and repair, provided no recapping and regrooving occurs;
b.
Replacement of mufflers, tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, wipers and blades, wheel bearings, mirrors and similar service;
c.
Replacement of batteries, water pumps, fuel pumps and alternators;
d.
Radiator cleaning and flushing;
e.
Washing, polishing and detailing;
f.
Oil change, greasing and lubrication;
g.
Minor servicing, repair and rebuilding of carburetors;
h.
Adjusting and repairing brakes;
i.
Minor motor adjustments not involving removal of the engine, head or crank case;
j.
Warranty maintenance, safety inspections, and regular maintenance activities.
Vehicle sales establishment: Any establishment where the primary use is the retail sale of vehicles such as automobiles, motorcycles, trucks, trailers, boats, travel trailers, farm equipment and construction equipment. Accessory vehicle repair (major or minor) and vehicle preparation may be provided.
Warehouse: An establishment where the primary use is the storage of merchandise, products, or materials in bulk for a fee or change or for distribution to other establishments operated by the same business enterprise.
Water-dependent uses: Establishments which provide activities which can only be carried out on, in or adjacent to the water because the use requires access to the water for transportation, recreation, power generation, or water supply.
Water-related uses: Establishments which are not directly dependent upon access to a water body but which provide amenities, goods, or services directly related to a water body or water dependent uses.
Waterline (mean high): The line formed by the intersection of the tidal plane of mean high water with the shore as established by the procedures of Chapter 177, Florida Statutes under the Florida Coastal Mapping Act.
Waterline (ordinary high): The line formed by the intersection of the plane of mean high water with the shore for fresh waterbodies and watercourses with reference to current USGS or other official government sources.
Wholesale trade: An establishment primarily engaged in the selling of merchandise to retailers; to industrial, commercial, institutional, or professional users, or to other wholesalers; or acting as agents or brokers for the purpose of buying merchandise for, or selling to, such companies.
Yard: Any area on the same lot or parcel with a structure lying between the structure and the nearest lot line, unobstructed from the ground upward and unoccupied except encroachments permitted in accordance with the provisions of this Code.
Yard (front): A yard extending across the full width of a lot or parcel between any structure and the front lot line measured perpendicular to the structure. On a corner lot the front yard shall be defined in accordance with Section 23.05 of this Code.
Yard (rear): A yard extending across the full width of the lot between the rear lot line and the rear of the structure, and measured perpendicular to the structure to the closest point of the rear lot line.
Yard (side): A yard between the side lot line and the sides of the structure, measured from the front yard to the rear yard perpendicular from the side lot line to the closest point of the structure. On a corner lot the side yard shall be defined in accordance with Section 23.05 of this Code.
(Ord. No. 2014-03, § 1, 3-17-2014; Ord. No. 2014-04, § 1, 5-5-2014; Ord. No. 2015-05, § 15, 3-16-2015; Memo of 1-19-2016; Ord. No. 2016-06, § 4, 8-1-2016; Ord. No. 2016-18, §§ 1, 2, 6-6-2016; Ord. No. 2017-03, § 2, 3-6-2017; Ord. No. 2017-15, § 1, 6-19-2017; Ord. No. 2017-37, § 2, 12-18-2017; Ord. No. 2018-17, § 5, 12-17-2018; Ord. No. 2019-05, § 6, 9-16-2019; Ord. No. 2019-10, § 2, 10-21-2019; Ord. No. 2022-03, § 8, 4-18-2022; Ord. No. 2022-09, § 3, 2-6-2023)