All words used in this chapter shall carry their customary dictionary meanings, except the following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandonment means the cessation of the use of property without the intention of transferring rights to the property or of resuming the use of the property.

Accent or under-story tree means a tree with a crown spread of less than 15 feet and a height of 20 feet at maturity.

Accessory means a use, building or structure, or part of a building or structure which:

(1)

Is subordinate to and serves the principal building or structure or principal use;

(2)

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

(3)

Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use; and/or

(4)

Is located on the same lot as the principal building or structure or principal use served, with the exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same lot as the building or use served.

Adult day care center means any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services.

Adult entertainment establishment means any use or establishment which is defined as such by Chapter 10 of the Code of Ordinances of the City of St. Pete Beach, Florida.

Aggrieved

person:

(1)

The city

(2)

The applicant for a development permit, and

(3)

Any person or entity which will suffer to a greater degree than the general public an adverse effect to a legally recognized interest protected or furthered by the Land Development Code or the St. Pete Beach Comprehensive Plan.

Alley means a right-of-way providing a secondary means of access and service to an abutting property.

Ancillary, nonresidential use means off-street parking, drainage retention areas and open space buffer areas for adjacent, nonresidential uses.

Animal clinic means a facility for the medical care of domestic animals, but which does not offer boarding for the animals.

Applicant means a person seeking any determination or approval under, or permits required by, this ordinance.

Appropriate board of authority refers to the board or committee appointed by the city commission to administer the Land Development Code.

Assisted living facility means any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator and is licensed under the provisions of F.S. Ch. 400, Pt. III.

Automotive rental agency means a use in which the purpose is the short-term (for periods of less than 12 months duration) rental or leasing of automobiles, trucks and/or utility trailers, including facilities for customer pick-up and return of vehicles. Such facilities may include the storage of and routine appearance maintenance (washing and vacuuming) of the vehicles rented or leased by the agency.

Automotive retail store means a facility used for the retail sale of automotive parts and accessories. Such uses shall not include a car wash, automotive service and repair, or the sale of gasoline or other fuels, and all activities of automotive retail services businesses shall be conducted within an enclosed building.

Automotive sales lot means a lot or parcel, with or without structures, upon which new and/or used automobiles, light trucks, motorcycles, mopeds, recreational vehicles, and other licensed vehicles are displayed and sold. This definition shall not include non-licensed vehicles such as bicycles, segways, and golf carts.

Automotive service and repair means a use which provides specialized services and/or repairs for automobiles, trucks and other vehicles, including, but not limited to, muffler shops, body shops, transmission shops, automotive paint shops, tire stores which also offer mounting services, and quick-change oil and lubrication shops.

Automotive service station means a facility that is designed for the retail sales of gasoline and diesel fuels, which may include convenience food sales.

Bar (cocktail lounge, saloon). See "Eating and drinking establishment - Bar (cocktail lounge, saloon)."

Bay window means a projection normally of a depth of two to three feet from the side of a residential structure that has three walls, one parallel with principal structure and two that extend outward from the principal structure at an angle to form the bay window, that primarily consist of windows, usually made up of one large window in the wall that is parallel with the side of the structure from which the bay window projects and two smaller windows, one on each angular wall.

Beach means that area of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent upland vegetation, usually the effective limit of storm waves.

Beach bar. See "Eating and drinking establishment - Beach bar."

Bed and breakfast inn. See "Transient accommodation use - Bed and breakfast inn."

Boat lift means a device for lifting boats out the water for storage over the water. Boat lifts shall be inclusive of all post and floating lift systems, but exclusive of davits where the davit base is not within the waters of the county.

Boat sales and repair facilities means a use in which the purpose is the repair and/or retail sale of boats and other watercraft to the public. Such use may or may not be located on the water or associated with a marina.

Body art means the practice of physical body adornment by establishments and artists using, but not limited to, the techniques of body piercing and tattooing. This definition does not include ear piercing.

Buffer means any combination of vegetation, walls, fencing, berms and open spaces which are used to physically separate and screen land uses.

Building means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

Building, completely enclosed means a building separated on all sides from adjacent open space or from other buildings by permanent roof and by exterior walls or party walls, pierced only by closed windows and normal entrance or exit doors. Such doors shall not be kept open except for normal ingress and egress. This definition shall apply to any building in existence as of the effective date of this ordinance and to any building constructed thereafter.

Building expansion means any enlargement or extension of a building which provides additional gross floor area. An enlargement or expansion into an existing carport, screened enclosures, pedestrian covered walkway, off-street parking and/or loading area, courtyard, or similar structure or area which changes the use of that area shall be considered a building expansion.

Building line means the lines established by dimensional requirements of a required yard that is inside a zoning lot and parallel with front, secondary front, side and rear property lines of the zoning lot which, when taken together, define the area within which all structures must be located.

Building site. See "Zoning lot."

Cabana means a lightweight fabric structure containing an open side. Not to exceed 30 square feet.

Cabana service area is the area where alcohol can be legally served on the sand beach and is limited to 10 feet beyond the physical placement of the cabana.

Canopy means a tree having a crown spread of greater than 15 feet and a minimum height of 20 feet at maturity.

Car wash means a facility which allows the public, in return for payment, to wash their own vehicles or to have their vehicles washed either by mechanical means or by others. Such use includes both freestanding car washes and the type of coin-operated car wash commonly associated with filling stations.

Catastrophic event means the involuntary loss suffered from a major storm, such as, but not limited to, flooding, wind, fire or similar event.

Change of use means the replacement of or substitution for the existing or former use of a premises with a use of a different classification under the building regulations, fire codes or this Code.

Charter and tour boat operations, excluding vessels for hire as defined herein and water taxis as defined in Chapter 94, mean any boating operation under the command of a licensed captain which offers hourly trips, day-trips and/or night-trips to the public for a fee, including the provision of related activities such as fishing, snorkeling, sunset cruises, dining cruises, dolphin watches and similar activities.

Check-cashing means a person or business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose.

Child care means the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care.

Child care facility includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included:

(1)

Public schools and nonpublic schools and their integral programs, except as provided in F.S. § 402.3025;

(2)

Summer camps having children in full-time residence;

(3)

Summer day camps;

(4)

Bible schools normally conducted during vacation periods; and

(5)

Operators of transient establishments, as defined in F.S. Ch. 509, which provide child care services solely for the guests of their establishment or resort, provided that all child care personnel of the establishment are screened according to the Level 2 screening requirements of F.S. Ch. 435.

Church. See "places of worship."

City commission means the duly elected body of officials who have overall responsibility for establishing policies and procedures for the operations of the City of St. Pete Beach.

City manager means the person appointed or contracted by the city commission to supervise the daily administrative operations of the City of St. Pete Beach or the employee(s) of the City of St. Pete Beach designated by the city manager to perform certain specified duties.

Clinic means an establishment used for medical or dental care which is comprised of a variety of medical specialties and which has equipment on site to diagnose and administer treatment on an outpatient basis.

Club (community service) means non-profit clubs whose primary function is to provide social and humanitarian services to the community (such as Women's Clubs, League of Women Voters, Garden Club, Junior League, Jaycees, Kiwanis, Masons, Rotary Club, the Shriners, and others of a similar nature).

Club (private), for the purposes of these regulations and when applicable to non-commercial districts, means those associations and organizations of a fraternal or social character which are not operated for profit. The term "private club" shall not include casinos, nightclubs, bottle clubs and similar uses in districts where such uses are not permitted or permissible.

Coastal construction control line (CCCL) means the surveyed line established by the State of Florida along the Gulf of Mexico beyond which all construction requires permitting by the Florida Department of Natural Resources and the City of St. Pete Beach.

Commercial boat docking facility means a Class D dock that is not part of a marina use that is used in connection with charter and tour boat operations but does not offer docking facilities to the general public.

Commercial dock. See "Dock - Commercial dock."

Commercial equipment means any machinery or device that is placed outside of a building and used in conjunction with a business use. Such equipment includes, but is not limited to, refrigeration equipment, propane tanks, storage or wash racks, waste or refuse containers or compactors, and vending machines dispensing items other than publications.

Commercial kitchen means an establishment where food and beverages are prepared for off-site consumption. Typical uses include catering facilities. This classification does not include businesses involved in the processing or manufacturing of food products.

Commercial parking lot. See "Parking lot (commercial)."

Commercial recreation, for the purposes of these regulations, commercial recreation uses consist of privately owned and operated tennis, racquet ball and handball courts, miniature golf courses, swimming pools, roller and ice rinks, skateboard facilities, water slides, batting and archery facilities, bowling alleys, amusement parks, game or amusement facilities housing ten or more games or amusement devices which are available for use by the public.

Commercial water sports mean operations that offer any of the following activities to the public in return for payment:

(1)

The rental of personal watercraft or jet skis;

(2)

The rental of human-powered or wind-powered watercraft; or

(3)

Parasailing, water-skiing, or other similar towing operations.

Communications facilities means facilities which are completely enclosed and for radio or television broadcasts or telephone and data switching. (See also Chapter 131, St. Pete Beach Code of Ordinances.)

Communications tower means a tower erected for the purpose of transmitting, repeating or receiving radio or television signals or for the purpose of providing telephone and data networking. (See also Chapter 131, St. Pete Beach Code of Ordinances.)

Community residential home means a dwelling unit licensed under the provisions of F.S. Ch. 419, to serve clients of the department of children and family services, which provides a living environment for up to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

Complete application means an application for development approval that contains the supporting documentation required by these regulations.

Comprehensive Plan means the St. Pete Beach Municipal Comprehensive Plan, and any amendments thereto that meet the requirements of F.S. Ch. 163, as adopted by the city commission.

Concurrency management statement means the impact statement which is a report or study that identifies, resolves and eliminates negative or adverse impacts on existing and future city systems and facilities. These impacts can include the effect a proposed development may have on solid waste; police, fire and emergency medical services; wastewater and water; traffic; and the municipal tax base. (See also Chapter 102, St. Pete Beach Code of Ordinances.)

Conditional use means a use that has operational, physical and other characteristics that may be different from those of the predominant permitted uses in a zoning district, but which is a use that complements or may otherwise be compatible with the intended over-all development within a district, provided that specified standards are met.

Condominium. See: "Residential dwelling unit - Multifamily."

Construction means new work, repairs, replacements and extensions to structures.

Continual construction means construction performed by a full complement of workers and equipment mobilized at the project site, actively engaged in incorporating materials and equipment into the building or structure each normal working day.

Corner lot. See "Lot types - Corner lot."

Crown means the upper portion of a tree made up of branches, twigs and leaves.

Day care center/kindergarten means a use, with no facilities for overnight stays, which provides child care and/or training for pre-school children and may provide after-school care for older children, including any child care arrangement which provides child care for more than five children unrelated to the operator and which receives payment, fee or grant for any of the children receiving care, wherever operated, and whether or not for profit, as defined and regulated by F.S. Ch. 402.

Deck means a platform, often elevated and featuring open railings, that is typically constructed of wood and is attached to or otherwise found adjoining a structure.

Demolition means the removal of a building, structure or portions thereof from a site.

Density means a measurement (ratio) of the number of dwelling or transient accommodation units allowable to a specified amount of land. As used in this ordinance, the calculation of density does not include land devoted to public rights-of-way, submerged lands and lands seaward of the State of Florida Coastal Control Line. (See also "intensity" and "floor area ratio.")

Density pool means a finite quantity of temporary lodging or residential units allocated for specified districts in the Comprehensive Plan that may allow a property to be developed with additional units than would be otherwise permitted or conditionally permitted under the property's district regulations.

Design Flood Elevation means the elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. For purposes of measuring height, this term shall refer to the Base flood Elevation plus required freeboard.

Development means the excavation or alteration of existing ground elevations, the carrying out of any building activity, the making of any change in the use or appearance of any structure or land, the dividing of land, rezoning, conditional use, variance, commercial dock, or any other request for official action of the city having the effect of development of land.

Development order or permit means any order granting, denying, or granting with conditions an application for a development approval including the following:

(1)

Site plan approval;

(2)

Conditional use approval;

(3)

Land subdivision approval;

(4)

Variance;

(5)

Land use amendments;

(6)

Rezoning;

(7)

Developments of regional impact;

(8)

Commercial dock; or

(9)

Any other official action of the city having the effect of permitting the development of land.

Development site. See "Zoning lot."

Dock means any structure, including a pier, wharf, loading platform, tie poles, dolphins, accessory structures, or a boat lift which is constructed on piles, over open water, or which is supported by flotation on the waters of the county. Docks are further classified as follows:

(1)

Residential dock means a dock that is permitted as an accessory to a one- or two-family residential use which is built on pilings over water or supported by flotation devices, and is designed or used to provide moorage for one or more boats without charge.

(2)

Commercial dock means a structure on piles over water or a structure that is defined as a commercial dock by the county environmental resources management division and which is designed or used to provide a berth for and access to one or more private, charter, commercial or party boats further classified and defined, as follows:

a.

Class A means any dock used in connection with a hotel, motel, restaurant and where the slips are not rented, leased or sold, but utilized as an enhancement to the principal function of the basic facility.

b.

Class B means any dock used in connection with a social, fraternal club or organization, and where use of the facility is restricted to members only or multiuse private docks owned individually or in common by the residents of any residential development with three or more residential units.

c.

Class C means any dock constructed and maintained by the local municipality.

d.

Class D means any dock where the primary function is the collection of revenue for profit. This classification applies to all commercial marinas and commercial boat docking facilities.

Dry cleaners. See "Laundry - Dry cleaning."

Dumpster means a box-like container having a lid or access doors, generally having an interior capacity of two cubic yards or more and weighing in excess of 150 pounds, and requiring lifting and emptying by mechanical means or devices, into which unwanted waste and refuse materials, food products, yard waste or other discarded items are placed or stored for later removal and final disposal by a waste management service.

Dune means a mound or ridge of loose sediments, usually sand, lying landward of the beach and deposited by any natural or artificial means.

Duplex. See: "Residential dwelling unit - Two-family."

Dwelling unit. See "Residential dwelling unit."

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

Eating and drinking establishment means a business primarily engaged in serving prepared food and/or beverages for consumption on or off the premises. Such uses are regulated by type as follows:

Bar/lounge means a business serving beverages for consumption on the premises as a primary use or as an accessory use to a hotel or motel and including on-site service of alcohol, including beer, wine, and mixed drinks.

Restaurant, full-service means a restaurant providing food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may also be provided.

Restaurant, limited-service means an establishment where food and beverages may be consumed on the premises, taken out, or delivered, but where limited table service is provided. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site consumption (See "commercial kitchen").

Restaurant, take-out only means a restaurant where food and beverages are prepared on a customer-demand basis and may be taken out or delivered, but are not consumed on the premises. No seating or other facilities for on-premises dining are provided.

Restaurant with drive-through service means any eating or drinking establishment which has direct window service allowing customers in motor vehicles to pick up food or drink for off-premise consumption.

Roof dining or drinking area means an area located above the first habitable floor of the restaurant or bar to which it is accessory, including elevated patios, decks and similar open-air areas, which is unenclosed by walls or open to the sky.

Outdoor dining means a delineated area, including patios and similar areas, affiliated with a restaurant unenclosed by walls where tables, seating and other furnishings are provided for patrons of the restaurant for eating and drinking. An outdoor dining area located above the first habitable floor of the structure to which it is accessory shall be classified as a roof dining area. These areas shall be further classified within the district divisions of this Code by whether they contain equipment, permanent or temporary, that is dedicated to the playing of amplified music and/or are permitted to host the playing of musical instruments.

Outdoor drinking means a delineated area, including patios and similar areas, affiliated with a bar/lounge unenclosed by walls where tables, seating and other furnishings may be provided for patrons of the bar/lounge for consuming beverages. For temporary lodging uses, the outdoor drinking area may occupy a portion of a private sand beach affiliated with an accessory hotel or motel bar reserved for the exclusive use of overnight guests. An outdoor drinking area located above the first habitable floor of the structure to which it is accessory shall be classified as a roof drinking area. These areas shall be further classified within the district divisions of this Code by whether they contain equipment, permanent or temporary, that is dedicated to the playing of amplified music and/or are permitted to host the playing of musical instruments.

Essential governmental services mean distribution or service connection facilities, structures, and appurtenances thereto, for gas, electricity, land line telephone, water, sanitary sewer, storm water, fuel, law enforcement and fire and rescue services, and other similar consumable public commodities or services owned and operated by a governmental entity or public utility.

Family means one or more individuals related by blood, marriage, or adoption or fostering of children under the age of 25, and up to two unrelated persons who serve as caretakers, servants, or housekeepers, occupying a dwelling unit and living as a single household unit. Family shall also be defined as four or less unrelated individuals for the purposes of residential occupancy. The term "family" shall not be construed to mean a fraternity, sorority, club, or other institutional group.

Fast food restaurant. See "Eating and drinking establishment—Restaurant with drive-through service."

FEMA means the Federal Emergency Management Agency.

Financial institution means any establishment, the primary business of which is concerned with such state or federally regulated activities as banking, savings and loans, and consumer loan companies. Such institutions are regulated by whether or not they provide drive-through service to customers.

Filling station. See "Automotive service station."

Floating dock. See "Dock."

Floor area means the total floor area of the portion of a building that is above ground. Floor area is measured from the exterior faces of a building or structure. Floor area does not include the following:

(1)

Vent shafts and courts;

(2)

Basement areas with more than one-half of its height below ground level;

(3)

Roof area;

(4)

Roof top mechanical equipment, and associated enclosures;

(5)

Roofed porches, exterior balconies, or other similar areas, unless they are enclosed by walls that are more than 42 inches in height, for 50 percent or more of their perimeter; and

(6)

Structured parking garages.

Floor area ratio (FAR) means the total amount of gross floor area of all buildings on a zoning lot in relation to the total square footage of zoning lot area, expressed as a ratio. The calculation of the floor are ratio excludes land devoted to public rights-of-way, submerged lands and lands seaward of the State of Florida Coastal Control Line.

Freeboard means an additional amount of height above the Base Flood Elevation used as a factor of safety (e.g., one feet above the Base Flood) in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with state or community floodplain management regulations.

Front yard. See "Yard - Front yard."

Funeral home. See "Mortuary."

Garage, private customer and employee means a structure that is accessory to a non-retail commercial establishment, building or use and is primarily for the parking and storage of vehicles operated by customers, visitors and employees of such building and that is not available to the general public.

Garage, private residential means a structure that is ancillary to a residential building and that is used for the parking and storage of vehicles owned or leased and operated by the residents thereof and that is not available to the general public.

Garage, public means a structure, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and is available to the general public.

Government use means any use for exclusively public purposes without reference to the ownership of the building or structures or the realty upon which it is situated by any department or branch of the federal government, State of Florida, Pinellas County, City of St. Pete Beach, or the Pinellas County School Board.

Grade. See "Grade, natural."

Grade, average means the average natural elevation of the ground level, measured in feet above mean sea level.

Grade, finished means the final elevation of the ground level after development, measured in feet above mean sea level.

Grade, natural means the elevation of the ground level in its natural state, before construction, filing or excavation, measured in feet above mean sea level.

Gross floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces or loading space for motor vehicles.

Gross land area means the total land area within the property boundaries of the subject parcel specifically excluding any public road rights-of-way or submerged land.

Guest room. See: "Transient accommodation unit."

Height means the vertical distance as specified below:

(1)

When the structure is a residence located in the RU-1, RU-2, RLM-1, RLM-2, RM, or Pass-a-Grille Overlay Districts, this measurement shall be taken from a starting point as follows:

a.

For any structure with habitable space located less than eight feet above natural grade, height shall be measured from the property's required Design Flood Elevation.

b.

For any structure with habitable space beginning at or higher than eight feet above natural grade, height shall be measured from eight feet above natural grade.

(2)

When the structure is an accessory structure, this measurement shall be taken from natural grade to the highest point of the roof unless otherwise specified in this Code;

(3)

For all other structures, height is measured from the structure's required Design Flood Elevation to the highest point of the roof.

The highest point of the roof is as follows:

a.

The highest point of a flat roof.

b.

The deck of a mansard roof.

c.

The average height between the plate and ridge of gable or hip roofs.

This measurement shall not be inclusive of elevator shafts, chimneys, mechanical rooms or other non-habitable areas except for properties located in the Pass-a-Grille Overlay District.

Historic building or site means a property, site, zoning lot, building, or structure that has been designated as "historic" by the city commission or that is listed on the National Register of Historic Places as being worthy of protection, enhancement and perpetuation because of its cultural, historic, architectural, or archaeological significance and integrity.

Historic preservation. See Division 28 herein.

Home occupation means a business, profession, occupation, or trade which is conducted within a portion of a residential building or accessory building for the economic gain or support of a resident of the dwelling, and which is incidental and secondary to the residential use within the dwelling.

Hotel. See "Transient accommodation use - Hotels and motels. (1) Hotel."

Impervious surface means any material that prevents absorption of storm water into the ground.

Impervious surface ratio (ISR) means a measurement of the intensity of hard-surfaced development on a site. An impervious surface ratio is the relationship between the total area covered by impervious surfaces on a site and the gross land area of the zoning lot, excluding any portion of the property lying Gulfward of the city's coastal construction and excavation setback line. The impervious surface ratio is calculated by dividing the square footage of the area of all impervious surfaces on the site by the square footage of the gross land area, excluding any portion of the property lying Gulfward of the city's coastal construction and excavation setback line.

Intensity means the amount or magnitude of a use on a site or allowed in a zoning district. Generally, it is measured by floor area. Intensity may be measured by such things as number of employees, amount of production, trip generation, or hours of operation. (See also "Density" and "Floor area ratio.")

Interior lot. See "Lot types - Interior lot."

Kennel means a facility for the keeping of more than five adult dogs or ten adult cats on site. "Adult" means having attained the age of one calendar year or greater. Kennels are regulated on the basis whether they have outdoor runs or not.

Kitchen means any room or portion of a room within a building designed and/or used or intended to be used for the cooking or preparation of food, which may also include, but is not limited to, stoves, microwave ovens, sinks, refrigerators, storage or other food preparation equipment, or any combination thereof. This may not include outside grilling facilities or other items determined by the city manager as not constituting a kitchen.

Land Development Code mean ordinances or regulations enacted by the City of St. Pete Beach for the regulation of any aspect of development and include, but are not limited to, zoning, signs, drainage and any other regulations controlling the development of land.

Laundry means a business rendering a retail service to individual customers for processing of laundry, including the following:

(1)

Self-service means a business that renders a retail service by renting to customers washing, drying and processing of laundry with the equipment serviced and its use and operation supervised by the management.

(2)

Dry cleaning means a business that includes the process of chemically cleaning fabrics including laundry (washing and drying) or dyeing services.

Liquor store means any business selling general alcoholic beverages, also known as sale of distilled spirits or hard liquor, for off-premises consumption. Liquor store does not include a business selling only beer and/or wine for off-premises consumption or any business that offers the sale of liquor where 25% or less of the gross floor area is dedicated to such use.

Loading space means a space with access to a street or alley for the standing, loading, or unloading of motor vehicles delivering or picking up goods and materials.

Lot includes tract or parcel and means the least fractional part of subdivided lands having limited fixed boundaries and an assigned number, letter, legal description or other name through which it may identified. (See "Zoning lot.")

Lot coverage. See "Impervious surface" and "Impervious surface ratio."

Lot, irregular means a lot or parcel of land so located, shaped or oriented to adjacent lots that the application of general measurement methods or yard requirements serves no significant purpose.

Lot line. See "Property line."

Lot of record means a lot which is part of a subdivision, or a lot described by metes and bounds, which has been properly recorded in the office of the Clerk of the Circuit Court of Pinellas County.

Lot, regular means a lot abutting a public street or approved private street, so located, shaped and oriented to the street and to adjacent lots as to be reasonably adapted to the application of the general requirements and limitations of this ordinance.

Lot types mean a descriptive term applied to describe the relationship of a lot to a public or private street, excluding alleys or driveways, providing access to the lot. The various lot types are defined as follows:

(1)

Corner lot means a lot located at the intersection of two or more streets, having two or more of its boundary lines contiguous with the rights-of-way.

(2)

Interior lot means a lot, other than a corner lot, which has frontage on only one street.

(3)

Through lot means a lot, other than a corner lot, having frontage on two streets. Waterfront lots are not considered through lots. Through lots may be referred to as double-frontage lots.

Lot width means the average distance between the property lines connecting the front and rear zoning lot lines at each side of the zoning lot, except for zoning lots on the turning circle of a cul-de-sac for which the required yard shall be based upon the stated minimum lot width for the district in which the lot is located.

Maintenance means the act of preventing deterioration of a building or structure, or decay of or damage to a building or structure or any part thereof, by restoring the building or structure as nearly as practicable to its condition prior to such deterioration, decay or damage.

Marina means a waterfront facility providing one or more of the following:

(1)

Docking and/or wet or dry storage of boats for a fee;

(2)

Sales of marine supplies, parts and fuel;

(3)

Minor boat service and repair; and

(4)

Boat sales, rental and/or charter.

A marina may also include the following accessory uses: live-aboard facilities as governed by Chapter 94 of the St. Pete Beach Code of Ordinances, restaurants, gift shops, offices, vending machines, and water taxi dockage.

Market value means, for the purposes of determining substantial improvement or substantial damage, an acceptable estimate of the value of the structure as determined by a professional property appraiser or using the value of the structure as determined by the most recent available tax roll for the county property appraiser's office and adding 25 percent.

Mean high water means the high-water mark established by the U.S. Coastal and Geodetic Survey in its latest coastal survey of the city.

Mixed use development means a development that combines any of the following uses, including but not limited to: residential, transient accommodation, commercial, office, and may consist of one or more buildings.

Mobile food truck rally means any gathering of more than two (2) Class I, Class II or Class III mobile food trucks in one (1) location on a date certain and shall require a food truck permit. Applications shall be made to the city in accordance with the procedures contained herein.

Mobile food truck means a vehicle which is used to vend food and beverage products and is classified as one of the following:

Class I— Mobile kitchens. In addition to the vending of products allowed for Class II and Class III mobile food trucks, these vehicles may cook, prepare and assemble food items on or in the unit and serve a full menu. Customers may be notified of the vehicle's location by social media or other forms of advertising.

Class II—Canteen trucks. These vehicles vend fruits, vegetables, hot dogs, pre-cooked foods, pre-packaged foods and pre-packaged drinks. No preparation or assembly of foods or beverages may take place on or in the vehicle, however, the heating of pre-cooked foods is allowed. A cooking apparatus or grill top for the heating of pre-cooked foods is permitted so long as it complies with state regulations. These vehicles are limited to providing catering services to employees at a specific location.

Class III—Ice cream trucks. These vehicles vend only pre-packaged frozen dairy or frozen water-based food products, soft serve or hand-dipped frozen dairy products or frozen water-based food products and pre-packaged beverages.

Mobile service base means a place for food storage, the cleaning of the equipment, the filling of water tanks and proper disposal of waste water and grease and does not include the use of a private home as a mobile service base.

Mortuary means a privately owned facility for the purpose of receiving and preparing dead bodies for burial or cremation.

Motel. See "Transient accommodation use - Hotels and motels. (2) Motel."

Multi-use private dock. See "Dock - Commercial dock - Class B."

Navigation means the maneuvering of watercraft with the waters of the county, including ingress to and egress from an upland property.

Neighborhood buildings and uses mean non-governmental and non-commercial facilities which serve the needs of the immediate neighborhood residents. Such facilities include, but are not limited to, swimming pools, club houses, park and recreation areas which are owned, operated and maintained by a community or homeowners association, and which are intended solely for the benefit and use of the members of the association.

Nightclub. See "Eating and drinking establishment - Nightclub."

Nonconforming means a use or structure that was lawful when commenced, but that fails by reason of an amendment or revision to conform to the present requirements of these regulations.

Non-transient apartment means a multifamily structure that is intended for permanent year-round residency and is not advertised or held out to the public as available for transient occupancy.

Off-premise parking lot. See "Parking lot (off-premise)."

Office means a room or group of rooms used for conducting the affairs of a business, profession, service, industry or government, and generally furnished with desks, tables, files and communication equipment.

Open space means any portion of a zoning lot or area of land or water that is open and unobstructed from the ground to the sky, including areas maintained in a natural and undisturbed character.

Ordinary maintenance means work not requiring a building permit done to prevent deterioration of a building or structure, or decay of or damage to a building or structure or any part thereof, by restoring the building or structure as nearly as practicable to its condition prior to such deterioration, decay or damage.

Outdoor restaurant. See "Eating and drinking establishment - Outdoor restaurant."

Outdoor storage means the use of a lot or parcel of land where raw materials, finished goods, vehicles or watercraft, other than those kept in a junkyard, are stored. This definition includes self-service storage facilities which also provide outside storage limited to boats, trailers or other vehicles.

Overlay district means a zoning designation specifically delineated on the official zoning map establishing land use requirements that may supercede, or are in addition to, the standards set forth in the underlying zoning district.

Parking area mean any public or private land area designed and used for parking motor vehicles, including parking lots, garages, private driveways and allowed or legally designated areas of public streets.

Parking lot (commercial) means an off-street parking lot that is not affiliated with a specific other use that provides parking, in whole or majority part, as a commercial enterprise, for a fee on a first come-first-served basis by hourly or monthly contract.

Parking lot (off-premise) an off-street parking lot that is not on the same property as the principal use it is designed and intended to serve.

Parking structure (commercial) means a structured parking facility with two or more levels that is not affiliated with a specific other use that provides parking, in whole or majority part, as a commercial enterprise, for a fee on a first come-first-served basis by hourly or monthly contract.

Parking structure (off-premise) means a structured parking facility with two or more levels that is not on the same property as the principal use it is designed and intended to serve.

Patio means a paved area adjoining a structure used for recreation and/or leisure, which often contains a pool.

Pawn shop means an establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property including metals, such as gold, silver, and copper.

Performance standards mean a set of criteria or limits relating to certain characteristics that a particular use or process may not exceed.

Permeable parking area means a maintained parking area other than concrete or asphalt constructed in such a way as to allow the absorption of storm water, thus reducing the amount of storm water runoff occurring on site.

Pervious refers to any surface or material that permits water penetration into the ground. Such materials may include stone, shell, gravel, artificial turf and other similar nonvegetative materials installed in such a manner to permit water to penetrate the ground beneath the material. The materials may be provided with a porous underlayment for stability or to enhance attractiveness of the area so long as the surface and any underlayment remains pervious.

Places of worship means any church, temple, synagogue, mosque or other similar place where religious worship is conducted for groups of people or other similar activities occur.

Playground means an active recreation area with a variety of facilities, including equipment for younger children as well as court and field games.

Portable toilet means one or more commercially manufactured or assembled, self-contained toilet facility that is portable and is not designed or intended for connection to a sewer system with a standard connection.

Premises means a lot or parcel, or a lot or parcel and the structures and improvements thereon.

Principal use means the primary purpose, activity or function for which a parcel or building is used.

Printing and copying means a facility which provides printing and duplicating services on a small scale for the business community, using equipment similar to that which might typically be found in some offices. Such facility does not offer typesetting and printing capabilities beyond desktop publishing.

Printing (general) means a facility which offers printing capabilities using large scale equipment, which may include typesetting of all kinds, photomechanical and bindery operations.

Property means one or more lots or combinations of lots of record in single ownership or which is in separate ownership but is used as a unified entity, such as a shopping center.

Property line means those lines stated in the legal description of the applicant's deed.

Property owner means any person who owns fee simple title to a given area of land.

Public art or public works of art mean the creative application of skill and taste by artists to production of permanent tangible objects according to the aesthetic principles, including but not limited to, paintings, sculptures, site specific installations, engravings, carvings, frescos, mobiles, murals, collages, mosaics, statues and bas-reliefs. Public art or public works of art shall also include the creative application of skill and taste by artists according to aesthetic principals to the architectural embellishment of a building or structure.

However, the following shall not be considered "public art or public works of art":

(1)

Reproductions, or unlimited copies of original art work;

(2)

Art objects which are mass produced;

(3)

Works that are decorative, ornamental or functional elements of the architecture or landscape design, except when commissioned from an artist as an integral aspect of a structure or site;

(4)

Architectural rehabilitation or historical preservation.

Public or semi-public use means a use that is intended to serve the entire community, such as public parks and open space, recreation facilities, transportation or public works facilities, churches, schools, government buildings, utility substations and the like, that fit into the primary and secondary uses shown in the R/OS Recreation/Open Space, the INS Institutional, T/U Transportation/Utility or P Preservation land use category description in the Comprehensive Plan.

Pushcart vending. See section 5.7.

Readily visible means visually conspicuous from public view.

Rear yard. See "Yard - Rear yard."

Recent survey means a drawing prepared and sealed by a registered land surveyor in the State of Florida depicting, as it appears at the time of application, all property boundaries including the courses and distances of each, the locations and dimensional characteristics of all existing improvements on the site, the elevation of the site, all easements on or along the property, and the full legal description of the property together with the plat book and page number where such property is recorded.

Recycling center means a facility which is provided to the public for the collection of recyclable materials, but does not perform any processing of such materials to render them reusable.

Redevelopment means the conversion, relocation, reconstruction, structural alteration, enlargement of any building and/or use existing prior to the effective date of this ordinance.

Repair, within the context of the dock regulations only, means the replacement of:

(1)

The piling or support system of a dock;

(2)

More than 25 percent of the dock surface area.

Required yard. See "Yard - Required yard."

Residential dwelling unit means any building or portion thereof designed, occupied or intended for occupancy as a complete, independent living facility for the exclusive use of one family, including permanent full provisions for sleeping, eating, cooking and sanitation. A dwelling unit shall have no more than one kitchen and shall provide complete internal access to all rooms in the unit. Residential structures are further classified and defined by type as follows:

Attached single-family means a group of three or more closely placed, interrelated single-family dwelling units which are joined to one another side-to-side by a common party wall or garage, and/or with connecting permanent and architecturally unified structures such as breezeways, carports, or walls, which structures continue the design, pattern and/or materials of the facade from one dwelling unit to another. Connecting structures and outdoor living space may be so designed as to provide access between front and rear yards. Each unit shall have its own outside entrance and not be occupied by more than one family.

Detached single-family means a freestanding residence, having no direct connection or relationship to an adjacent residence and located on a separate lot, designed for or occupied exclusively by one family.

Multifamily means a residence designed for non-transient occupancy by three or more families with separate cooking, bathroom and sleeping facilities for each.

Two-family means a residence designed for occupancy by two families with separate cooking, bathroom and sleeping facilities for each.

Residential equivalent use means a residential-like accommodation other than a dwelling unit, including, but not limited to, a group home, nursing home or comparable assisted living facility. 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 F.S. Ch. 419, Community Residential Homes, which is entitled to be treated as a dwelling unit.

Resort condominium. See "Transient accommodation - Resort condominium."

Restaurant. See "Eating and drinking establishment - Sit-down restaurant."

Retail sales means the sale of goods or commodities in small quantities to the consumer.

Retail store or retail shop means any building used, or designed and constructed for display and sale of merchandise at retail or for the rendering of personal services, such as the following, which will serve as illustrations: drugstore, newsstand, grocery store, candy shop, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barber shop and beauty parlor.

Right-of-way means a public or private area or strip of land on which an irrevocable right of passage for people or goods has been recorded for the use of vehicles, pedestrians, or both. A public right-of-way is one that is dedicated or deeded, in fee or by easement, to the public for public use and is under the control of a public agency.

School (commercial) means a privately owned school which provides instruction and training in the arts, such as drama, dance and music, or which offers instruction and training to students in the use of office machines and equipment, one or more of the trades, real estate operations or financial services.

School (private or charter) means a school offering the equivalent educational curriculum of a public school but that is operated by someone other than the Pinellas County School District.

School (public) means a school operated by the Pinellas County School District.

Secondary front yard. See "Yard - Secondary front yard."

Services, commercial/business mean an occupation or service involving the sale, storage, repair, service or rental of machinery, equipment or like merchandise or a facility which serves as the base for construction, plumbing, heating and air conditioning or electrical contractors. Such facilities may include fabrication or manufacture of parts used in the services provided.

Services, personal/business mean an occupation or service requiring the use of a manual, mechanical or specialized skill which involves neither the on-premise use of heavy machinery or equipment nor primarily the sale of merchandise or conveyance of a product.

Setback means the required minimum horizontal distance between the building line and the related front, secondary front, side, or rear property line, unoccupied and unobstructed from the ground upward, not including permitted encroachments.

Setback line. See "Building line."

Shopping center means a group of five or more retail/commercial uses, located in a zoning district where retail sales is permitted as a principal use and having any or all of the following characteristics:

(1)

The uses are connected by party walls, partitions, canopies, and, similar features; or

(2)

Some or all of the uses are located in separate buildings which are designed as a single commercial group sharing common parking areas and vehicular travel ways and are connected by walkways and access ways designed to encourage customer interchange between uses, and otherwise present the appearance of a continuous commercial area without regard to ownership; or

(3)

The uses are under the same management or association for the purpose of enforcing reciprocal agreements controlling management, parking, site coverage, advertising and similar, agreements.

Sidewalk cafe. See "Eating and drinking establishment - Sidewalk cafe."

Sidewalk sales and display means the temporary (meaning during normal business hours only) outside display and sale of merchandise normally displayed and sold inside the business premises during special sales events, such as sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, and seasonal merchandise sales.

Side yard. See "Yard - Side yard."

Signs. See section 26.2 of Division 26 herein.

Single-family dwelling. See "Residential dwelling unit - Detached single-family."

Site plan means a plan on which is shown the existing and proposed conditions of the land and may include, but shall not be limited to the following: topography, vegetation, drainage, landscaping, open space, walkways, ingress and egress, traffic circulation and parking, utility services, structures, buildings, building elevations, signs, lighting, berms, buffers, screening devices, surrounding development, identification of required coastal setback lines, dune systems, and any other information that may be required by the city manager.

Sight or visibility triangle means the area of the corner zoning lot closest to the intersection that is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. (See also section 6.21.)

Social service agency means a non-profit organization whose primary purpose is to enhance the social welfare and improve the living conditions of society.

Spa means a hydro massage pool or tub for recreational or therapeutic use, designed for immersion of users and usually having a filter, heater and motor driven blower, and contains water between 24 and 60 inches deep, and is not larger than 64 square feet.

Special events. Special events shall be regulated in accordance to Chapter 26 of the Code of Ordinances.

Special event permit means the official document authorizing the performance of a special event.

Storage (self-service) means a facility which offers multiple small-scale, individually secured, units for the storage of goods other than hazardous materials, under a unified development, for monthly rental to the public, each of which is accessible only by the tenant of the individual unit. Under this definition, a self-service storage facility shall not include the provision of any outside storage.

Storage (outdoor). See "Outdoor storage."

Street means that portion of a right-of-way or easement that is improved to provide for the movement of motor vehicles.

Street-end means a street with a single point of ingress and egress that terminates at the sandy beach along the Gulf of Mexico, Boca Ciega Bay or one of its tributaries, or Blind Pass Channel.

Structure means any assembly of materials constructed or erected on, in or over (or any combination thereof) land or water, which requires location on the ground, or is attached to something having a location on the ground. The word "structure" shall be construed as though followed by the words "or parts thereof" unless the context clearly requires a different meaning. The word "structure" shall include buildings, decks, fences, towers, flag poles, signs, and other similar objects. Structure does not include paved areas or vegetative landscaping materials.

Subdivision means the division of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, or if the establishment of new streets and alleys is involved, any division of such parcel. The term includes re-subdivisions and, when appropriate to the text, relates to the process of subdividing or to the lands or area subdivided.

Submerged land means the land area situated below the mean high-water line of a standing body of water, including ocean, estuary, lake, pond, river or stream. For the purpose of this definition, drainage facilities to be created as a function of development and wetlands shall not be considered submerged land.

Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value before the damage occurred.

Substantial improvement means any combination of repairs, reconstruction, rehabilitation, alteration, addition or other improvements to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started.

This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. This term does not include:

(1)

Any project for the improvement of a structure to correct existing violations of state or local health, sanitation or safety code inspection which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Survey. See "Recent survey."

Swimming pool means any structure intended for swimming or recreational bathing that contains water a minimum of 24 inches (610 mm) deep. This includes in ground, above-ground and in-ground swimming pools, and fixed in place wading pools.

Temporary use means a use approved pursuant to the procedures and standards of this Code, consistent with the use characteristics of the zoning district in which it is located, for a limited and defined period of time, and which does not involve the construction or alteration of any permanent structure.

Theater means a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances.

Through lot. See "Lot types - Through lot."

Tie pole means and includes dolphin, batter, sister, or mooring piles which are placed to provide anchorage, mooring, structural support, or space for a ship or boat.

Tobacco shop means a retailer whose business exclusively or primarily involves the sale of tobacco products and related goods.

Townhouse. See "Residential dwelling unit - Attached single-family."

Transient means a person who participates in trade or recreation activities outside the county of his or her permanent residence or who rents or leases transient accommodations.

Transient accommodation unit means an individual room or rooms within a transient accommodation use designed to be rented as a single unit for transient occupancy.

Transient accommodation use means a facility containing one or more transient accommodation units. Transient accommodation uses shall be further classified as a hotel, motel, or bed and breakfast inn, if the establishment satisfies the following criteria:

Bed and breakfast inn means a family home structure, with no more than six sleeping rooms, which has been constructed or modified to serve as a transient public lodging establishment, which provides the accommodation and meal services generally offered by a bed and breakfast inn, and which is recognized as a bed and breakfast inn within the community or by the hospitality industry. (See also: Section 6.2 of this Code.)

Hotels and motels. For the purposes of this ordinance, hotels and motels are differentiated as follows:

(1)

Hotel means any public lodging establishment meeting the general definition of "transient accommodation use" as described above and containing sleeping room accommodations for 25 or more guests and providing services generally provided by a hotel and recognized as a hotel within the community or by the hospitality industry.

(2)

Motel means any public lodging establishment meeting the general definition of "transient accommodation use" as described above and which offers rental units with an exit to the outside of each rental unit, daily or weekly rates, off-street parking for each unit, a central office on the property with specified hours of operation, a bathroom or connecting bathroom for each rental unit, and at least six rental units, and which is recognized as a motel within the community or by the hospitality industry.

Resort condominium means any unit or group of units in a condominium, cooperative, or timeshare plan which is designed or used for transient occupancy.

Time-share or interval occupancy facility or unit. See "Resort condominium."

Transient occupancy means occupancy that is intended to be temporary, or which is offered or advertised as being available for a term of less than one month, more than three times in any consecutive 12-month period. Any occupancy of less than one month shall be deemed a transient occupancy unless such occupancy results from, the early termination of a rental agreement having a term of at least one month, or the termination of a month-to-month tenancy as defined by law. In determining whether a property is used as a transient occupancy, such determination shall be made without regard to the form of ownership of the property or unit, whether the occupant has a direct or indirect ownership interest in the property or unit, and without regard to whether the right of occupancy arises from a rental agreement, other agreement or the payment of consideration.

Two-family dwelling. See "Residential dwelling unit - Two-family."

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

Useable open space means the total land area of a multifamily or transient accommodation property, which is open for use by all residents or guests thereof and/or which is used for recreational purposes, excluding land covered or utilized for ingress, egress, dedicated or required yards, structures, streets, off-street parking or vehicular maneuvering areas.

Utilities mean distribution or service connection facilities and appurtenances thereto, for gas, electricity, water, sanitary sewer, storm sewer, communications, heating, fuel, cable television and other similar consumable public commodities or services.

Vacant structure means a structure not currently occupied, or a structure to which water service has been disconnected for a period of time exceeding 60 days.

Variance means a grant of relief by the city manager, appropriate board of authority or city commission from the requirements of the Land Development Code which permits development in a manner otherwise prohibited, subject to the standards set forth in section 3.12.

Vehicle means a device or structure, self-propelled or towed, by which persons or property may be transported, propelled, moved or drawn, except by human power.

Vehicle, commercial means a vehicle of 24 feet or more in length, ten or more feet in height, or 10,000 pounds or more in weight, or a trailer of 16 feet or more in length, that is designed and licensed for use on the public roadways, and which is used for commercial or business purposes.

Vehicle, recreational means a vehicle with or without motor power, which is designed for sport or recreational use, or which is designed for human occupancy on an intermittent basis. Recreational vehicles are divided into three categories: motor homes having a gross vehicle weight in excess of 10,000 pounds, boats, and accessory recreational vehicles.

Vehicle, recreational accessory means non-motorized recreational vehicles designed for human occupancy on an intermittent basis, such as vacation trailers and fifth-wheel trailers. A camper is considered an accessory recreational vehicle when it is standing alone.

Vehicle for hire means any vehicle engaged in the transport of persons or property, in return for payment, over public roadways which is offered as a public conveyance over regular or irregular routes and with or without specific schedules.

Vend means a motorized vehicle, including a trailer or other portable unit, which is attached to a motorized vehicle that is intended for use in vending.

Vessel for hire means any watercraft, which is not based in St. Pete Beach, Florida, engaged in the transport of persons or property over the intracoastal waterways and/or the Gulf of Mexico, and which is offered as a conveyance to the public at locations within the city.

Veterinarian means a facility for the medical care of dogs and/or cats, but which does not offer boarding for dogs or cats, except as necessary for the medical treatment of the animal. Such facility shall have no outside runs.

Waterfront property means a property abutting open water, bays, manmade canals and similar navigable waterways.

Yard means an open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in this chapter shall be unoccupied and unobstructed from the ground upward except as may be otherwise specifically provided herein.

Front yard means a space extending the full width of the lot between the principal structure and the front lot line and measured perpendicular to the building at the closest point to the front lot line. Note that this term defines a space and not a required setback.

Rear yard means a space extending the full width of the lot between the principal structure and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line. Note that this term defines a space and not a required setback.

Required yard means the area of open space between a lot line and a building line within which no structure shall be located except as provided in this Code.

Secondary front yard, applicable only to corner lots, means a yard abutting a street that intersects the street by which a front yard is determined. Note that this term defines a space and not a required setback.

Side yard means a space extending from the front yard to the rear yard between the principal structure and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building. Note that this term defines a space and not a required setback.

Waterfront yard means a yard required on a waterfront property with a depth measured perpendicular to the centerline of the seawall or mean high-water line where no seawall exists. Where the property line falls landward of the seawall, the waterfront yard shall be measured perpendicular to the lot line.

Zoning lot means an area of land under one ownership, or contiguous areas of land under multiple ownership assembled or combined for any development project to calculate density or intensity, of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are required by this division. Such zoning lots shall have frontage on a public street or on an approved private street as set out in section 7.2(h) of this division, and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

A combination of complete lots of record or complete lots of record and portions of lots of record or of portions of lots of record;

(4)

A parcel of land described by metes and bounds.

Provided that in no case of division, boundary adjustment, or consolidation shall any residual area of land be created which does not meet the requirements of this ordinance. The grant of an interest, for security or other purpose, in real property for less than an entire zoning lot, or the foreclosure or sale of such interest, shall not be deemed to create a legal zoning lot unless properly approved in accordance with division 25 of these regulations.

(Ord. No. 03-7, § 3, 5-1-03; Ord. No. 2004-18, § 1, 8-24-04; Ord. No. 2004-34, § 1, 12-14-04; Ord. No. 2007-41, § 1, 11-27-07; Ord. No. 2008-33, § 1, 8-26-08; Ord. No. 2009-02, § 1, 5-26-09; Ord. No. 2010-31, § 1, 2-22-11; Ord. No. 2012-14, § 1(Exh. A), 9-12-12; Ord. No. 2013-25, § 1, 11-26-13; Ord. No. 2014-0010, § 1, 11-5-14; Ord. No. 2015-03, § 1, 5-26-15; Ord. No. 2015-21, § 1, 9-22-15; Ord. No. 2015-22, § 1, 12-15-15; Ord. No. 2016-08, § 1, 10-11-16; Ord. No. 2016-24, § 1, 1-10-17; Ord. No. 2017-02, § 2, 6-13-17; Ord. No. 2016-09, § 2, 8-22-17; Ord. No. 2017-12, § 1, 11-28-17; Ord. No. 2017-30, § 2, 2-27-18; Ord. No. 2019-18, § 2, 12-10-19; Ord. No. 2019-20, § 2, 12-10-19; Ord. No. 2020-14, § 2, 9-28-20; Ord. No. 2020-24, § 2, 12-1-20; Ord. No. 2021-08, § 2, 6-22-2021; Ord. No. 2021-12, § 2, 6-22-2021)