(A)

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:

(1)

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.

(2)

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.

(3)

ADDRESS OF CONVENIENCE-The accessory use of a dwelling unit limited to telephone and mailing purposes related to the residence owner's business or occupation, provided no business activity excluding phone calls and receipt or sending of mail where no transactions occur on the premise.

(4)

ADJACENT—Nearby but not necessarily adjoining.

(5)

ADJOINING—A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.

(6)

AGRICULTURE—Use of the land for the growing of crops, plants, or trees for wholesale plant production, animal raising and grazing, aquaculture, animal breeding, 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 four or more household pets shall be considered a kennel, as defined and regulated by § 241.00(A)(103).

(7)

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.

(8)

ANCILLARY, NONRESIDENTIAL USE—Off-street parking, drainage retention areas and/or open space buffer areas for an adjacent or contiguous, nonresidential use.

(9)

APPROVED PLAN—A plan which has been granted final approval by the appropriate approving authority established by this Code.

(10)

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.

(11)

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.

(12)

ASSESSED VALUE—The value at which property is appraised for tax purposes.

(13)

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.

(14)

BOARDING HOUSES—A dwelling unit or establishment in which lodging is provided by the owner or operator to more than two boarders on a non-transient basis, and in which common eating service may be provided. The term boarding house shall not include residential living facilities.

(15)

BOAT YARD—A site used as an industrial establishment for the construction or maintenance of boats, marine engines, or marine equipment.

(16)

BUFFER—Land area used to visibly separate one use from another or to shield nuisances.

(17)

BUILDING—Any structure whether permanent or temporary having a roof supported by columns and walls and intended for shelter, housing, or enclosure.

(18)

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 Tarpon Springs.

(19)

BUILDING PERMIT—Any building permit required by the City to develop property. Tree removal permits, clearing and grubbing permits, dock permits, and dredge/fill permits are not considered building permits for the purpose of meeting expiration deadlines associated with approved Conditional Uses, Site Plans, Planned Developments and similar development orders. Building Permits shall expire in accordance with the requirements of the Florida Statutes and the Florida Building Code.

(20)

CAMPGROUND—Two or more campsites established or maintained for occupancy by the general public as temporary living quarters for recreation.

(21)

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.

(22)

CERTIFICATE OF OCCUPANCY—A permit issued by the Building Official allowing occupancy of a structure in compliance with City building codes.

(23)

CHANGE OF USE—Any use of land or of a structure which substantially differs in character and intensity or impact upon public facilities from the previous use of land or structure.

(24)

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.

(25)

CITY MANAGER—The Administrative Manager of the City or his designee.

(26)

COMMERCIAL—An activity or use carried out for monetary gain and designated as a commercial use by this Code.

(27)

COMMERCIAL (INTENSIVE)—Commercial uses which typically involve major repair services, extensive outdoor storage, or the display of heavy equipment, vehicles, or materials.

(28)

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.

(29)

COMMERCIAL VEHICLE—Any vehicle designated by § 41.00 of this Code or one which advertises a business or trade.

(30)

COMMUNICATION TOWER-A structure designed, constructed or used for the purpose of supporting an antenna used for transmitting and/or receiving any form of radio, television, radar or other spectrum of wave, impulse or other electromagnetic signal. Antennas mounted on a single pole which is less than three inches in diameter; or are no more than five meters (16.4 feet) above the highest point of the building to which they are attached; or amateur radio stations constructed and operated in accordance with 101 FCC 2d 952(1985); or towers used for Police or Fire/EMS communications are not included as part of this definition.

(31)

COMMON OWNERSHIP—Private ownership by more than one individual in any form.

(32)

COMMUNITY RESIDENTIAL HOME—A residential living facility as defined by § 53.00 of this Code.

(33)

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.

(34)

COMPLIANCE—To meet or exceed the minimum requirements of the applicable building codes, this Code, or the Comprehensive Plan.

(35)

CONCURRENT—Occurring at the same time.

(36)

CONDITIONAL USE—Uses which are not permitted by right in a specified zoning district but which when subjected to a review according to established standards may be approved subject to certain restrictions and safeguards.

(36.5)

CONDO-HOTEL/MOTEL—A hotel or motel forming a separate, habitable unit used or which could be used for living and sleeping by one family with independent kitchen facilities. Each unit shall be owned by an individual, corporation, or any other legal entity having membership into an association comprised of all owners within the same development. No unit in a condo-hotel/motel shall be used as a timeshare or fractional ownership unit or be converted to a permanent, non-tourist dwelling unit. Each unit in the structure shall be no larger than 850 square feet. A unit, which is larger than 850 square feet, shall be considered more than one unit, utilizing the criteria of size as in this definition.

Each condo-hotel/motel shall:

1.

Contain a front desk, lobby, internally oriented and easily accessible to members of the public;

2.

Have the appropriate license for a hotel or motel and all such licenses must be kept up-to-date annually;

3.

Have sufficient signage viewable by the general public advertising such structure as a hotel or motel, with units available for daily, weekly or monthly rentals;

4.

Provide a central reservation system or agency for rental of all units; and

5.

Upon request of the city, provide access to all rental records, tax receipts or any other documents necessary to verify conformance with the provisions established herein.

Each unit shall:

1.

Have the appropriate license for hotel or motel unit and all such licenses must be kept up-to-date annually;

2.

Be required to obtain an occupational license for each unit from the city;

3.

Be subject to all applicable tourist tax collection requirements;

4.

Utilize the central reservation system or agency;

5.

Not be used for homesteading purposes;

6.

Not be issued a home occupational license;

7.

Not be utilized as an address for the purposes of establishing residency or registering to vote; and

8.

Before available to the owner for use no more than 60 days within a calendar year, providing however, that any owner's stay can be no longer than 30 consecutive days and separated by not less than 60 days. The unit shall be available for lease to parties other than the owner in intervals of 30 days or less for the remainder of the calendar year.

Only one unit in a condo-hotel/motel structure may be used for the year-round occupancy by a person or family serving as the on-site manager(s). The manager unit may be used as an address for the purposes of establishing residency or registering to vote by the person or family serving as the on-site manager(s). If the manager unit is owner-occupied it may be used for homestead purposes. The manager unit shall be exempt from the requirement of leasing 30 days or less in the calendar year and, if owner-occupied, from the requirement that the owner may use it for only 60 days a year.

(37)

CONGREGATE CARE FACILITY—A residential living facility as defined by § 53.00 of this Code.

(38)

CONSISTENCY—In compliance with the goals, objectives, and policies of all elements contained in the Comprehensive Plan.

(39)

CONSTRUCTION EQUIPMENT SALE/RENTAL/SERVICE (HEAVY)—An establishment where the primary use is the rental, lease, sale, or service of vehicles used primarily for construction and land development activities, where vehicles are either self-propelled weighing in excess of one and one-half tons, or are transported from the point of rental, lease, sale, or service on a flatbed trailer or lowboy by a tractor or truck of one ton capacity or greater.

(40)

CONSTRUCTION EQUIPMENT SALE/RENTAL/SERVICE (LIGHT)—An establishment where the primary use is the rental, lease, sale, or service of vehicles, mixers, compressors, and other non-self-propelled construction related equipment of a portable nature that can be transported from the point of rental, lease, sale, or service by a light-duty truck not exceeding three-quarters ton capacity or on a utility trailer towed by a truck not exceeding three-quarters ton capacity.

(41)

CONSTRUCTION MATERIAL ESTABLISHMENT—Where the primary use of the site is the retail selling of lumber, hardware, or building material.

(42)

CONSTRUCTION PERMIT—A type of building permit required for the alteration of land or extension or installation of infrastructure. Tree removal permits, clearing and grubbing permits, dock permits, and dredge/fill permits are not considered Construction Permits for the purpose of meeting expiration deadlines associated with approved Conditional Uses, Site Plans, Planned Developments, and similar development orders. Construction Permits shall follow the same requirements as a Building Permit to remain active.

(43)

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.

(44)

DAY CARE CENTER—An establishment which receives for care and supervision five or more children or adults for less than 24 hours per day and includes day nurseries, kindergartens, and nursery schools.

(45)

DAY CARE HOME—A private residence which receives for care and supervision not more than four children or adults for less than 24 hours per day.

(45.5)

DEFICIENT FACILITY—A road operating at 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.

(46)

DENSITY—Number of dwelling units per acre of land, excluding public road rights-of-way and submerged lands.

(47)

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.

(48)

DEVELOPMENT, NEW—A development activity which occurs after the effective date of this Code.

(49)

DEVELOPMENT, NONRESIDENTIAL—A development activity which is not residential or accessory to a residential use.

(50)

DEVELOPMENT, RESIDENTIAL—A development activity which involves a dwelling unit or which is accessory to a dwelling unit.

(51)

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.

(52)

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 VI of this Code.

(53)

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.

(54)

DEVELOPMENT PLAN—A plan prepared and submitted pursuant to the requirements of Article V of this Code.

(55)

DIRECTOR—The Director of the Planning and Zoning Department of the City.

(56)

DREDGING—A method of removing solids from the bottom of wetlands and coastal waters which can result in the disturbance of natural ecological cycles.

(57)

DRIVEWAY—A private roadway providing access for vehicles to a parking area, garage, dwelling, or other structure.

(58)

DWELLING, MOBILE HOME—A structure intended as a one family dwelling, which is transportable in one or more sections, which is at least eight 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.

(59)

DWELLING, MULTI-FAMILY—One structure containing more than two dwelling units on a single lot or parcel.

(60)

DWELLING, ONE FAMILY—A structure containing one dwelling unit.

(61)

DWELLING, SINGLE FAMILY ATTACHED—A one family dwelling on a single lot attached to two or more one family dwellings by common vertical walls.

(62)

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.

(63)

DWELLING, SINGLE FAMILY SEMI-DETACHED—A one family dwelling attached to one other one family dwelling by a common vertical wall, and each dwelling located on a separate lot.

(64)

DWELLING, TWO FAMILY OR DUPLEX—One structure containing two units on a single lot or parcel.

(65)

DWELLING UNIT—One or more rooms, designed, occupied, or intended for use as a complete, independent living facility for no more than one family.

(66)

EATING ESTABLISHMENT—Any restaurant, coffee shop, cafeteria, short order cafe, lunchroom, dinner theater, tavern, fast food restaurant, or other establishment where food and drink is prepared, served, and consumed primarily on site. Entertainment may also be provided as an accessory use.

(67)

EMERGENCY SERVICE FACILITIES—Public or quasi-public police, fire, rescue, ambulance, or similar services.

(68)

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.

(69)

ENCLAVE—Land of one jurisdiction surrounded or nearly surrounded by the territory of another jurisdiction.

(70)

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.

(71)

EPA—The U. S. Environmental Protection Agency.

(72)

ESTABLISHMENT—An economic unit, generally at a single physical location, where business is conducted or services or industrial operations performed.

(73)

EXCAVATION—The removal or recovery of soil, rock, minerals, or organic substances by any means whatsoever from land or water. See also DREDGING.

(74)

FAMILY—One or more individuals occupying a dwelling unit and living as a single household unit.

(75)

FAMILY CARE HOME—A residential living facility as defined by § 53.00 of this Code.

(76)

FDEP—Florida Department of Environmental Protection.

(77)

FDOT—Florida Department of Transportation.

(78)

FEMA—Federal Emergency Management Agency.

(79)

FENCE—An artificially erected barrier of any material or combination of materials erected to enclose or screen areas of land.

(80)

FGFWFC—Florida Game and Freshwater Fish Commission.

(81)

FILL—Any material deposited for the purpose of raising the level of the natural land surface.

(82)

FINAL SUBDIVISION PLAT—The final format of a subdivision prepared in accordance with the requirements of Article X of this Code and F.S. Ch. 177 and prepared for recording.

(83)

FIRM—Flood Insurance Rate Map.

(84)

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 lands.

(85)

FRONTAGE—That side of a lot adjoining a street.

(86)

FUNERAL HOME—An establishment used for the preparation of the deceased for burial and ceremonies connected therewith before burial or cremation.

(87)

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 the Traffic Circulation Element.

(88)

GRADE, FINISHED—The elevation of the ground after alteration.

(89)

GRADE, NATURAL—The elevation of the ground in its natural state before alteration.

(90)

GRADING—The stripping, cutting, filling, or stockpiling of earth or land, including the land in its final cut or filled condition.

(91)

GROSS FLOOR AREA—The sum of the horizontal areas of the several floors of all buildings on a lot, measured from the exterior faces of the exterior walls, and from the center line of walls separating two or more buildings. The term gross floor area shall include basements; elevator shafts and stairwells at each story; floor space used for mechanical equipment with structural headroom of six feet, six inches or more; penthouses and attic spaces, whether or not a floor has actually been laid, providing structural headroom of six feet, six inches or more; interior balconies or mezzanines.

The term "gross floor area" shall not include cellars, or outside balconies which do not exceed a projection of six feet beyond the exterior walls of the building. Parking structures below or above grade and areas used only for rooftop mechanical structures are excluded from gross floor area calculations.

(92)

GROSS LAND AREA—Gross land area for the purposes of computing density/intensity shall be that total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public right-of-way.

(93)

GROSS RESIDENTIAL ACRE—Number of acres put toward one or more than one residential use.

(94)

GROUNDWATER—The supply of freshwater under the surface in an aquifer or soil that forms the natural reservoir for potable water.

(95)

HALF STREET—One half of the required street right-of-way measured from the centerline of the right-of-way.

(96)

HEIGHT, BUILDING—The vertical distance from grade to:

a.

The highest point of the roof for flat or pagoda roofs;

b.

The roof deck for mansard roofs;

c.

The mid-point between the highest eave and ridge for gable, hip, gambrel, shed, Victorian or similar roofs.

For those buildings located within "V" or "VE" flood zones on the Flood Insurance Rate Maps (FIRM) as published by the Federal Emergency Management Agency, height shall be measured from five feet above grade. Grade shall mean as defined by the Florida Building Code.

(97)

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.

(98)

HOSPITAL—A facility licensed under F.S. Ch. 395 as a hospital.

(99)

HOTEL—One or more facilities or structures containing a room or a group of rooms forming a separate, habitable unit used or which could be used for living and sleeping purposes by one family, with or without independent kitchen facilities, occupied or intended to be occupied by transients on a rental or leased basis. Such unit shall be no larger than 850 square feet. A unit which is larger than 850 square feet shall be considered more than one unit, utilizing the criteria of size as in this definition. Hotels are deemed to be transient accommodation uses in accordance with this Code.

Each hotel shall:

1.

Contain a front desk and/or lobby with a reservation system, and be easily accessible to members of the public;

2.

Have the appropriate license for a hotel and all such licenses must be kept up-to-date annually; and

3.

Have sufficient signage viewable by the general public advertising such structure as a hotel, with units available for daily, weekly or monthly rentals.

Each unit shall:

1.

Be subject to all applicable tourist tax collection requirements;

2.

Not be used for homesteading purposes;

3.

Not be issued a home occupational license; and

4.

Not be utilized as an address for the purposes of establishing residency or registering to vote.

Only one unit in the hotel structure or structures may be used for the year-round occupancy by a person or family serving as the on-site manager(s). The manager unit may be used to establish residency and as an address for the purposes of establishing residency or registering to vote by the person or family serving as the on-site manager(s). If the unit is owner-occupied, this unit may be used for homestead purposes. This manager unit shall be exempt from the requirement being available for daily, weekly or monthly rental.

(100)

HRS—The Florida Department of Health and Rehabilitative Services.

(101)

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.

(102)

IMPERMEABLE—Not permitting the passage of water.

(103)

IMPERVIOUS SURFACE—Any material which reduces or prevents absorption of stormwater.

(104)

IMPERVIOUS SURFACE RATIO (ISR)—A measure of the intensity of hard surfaced development on a site. An Impervious Surface Ratio is the relationship between the total impervious surface area on a site and the gross land area. The ISR 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.

(105)

IMPLEMENTATION—Carrying out or fulfilling plans or proposals.

(106)

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.

(107)

INSTITUTIONAL USE—An establishment operated by a public or nonprofit organization and performing related services of a nonprofit nature.

(108)

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.

(109)

KENNEL—Any location wherein any person engages in the business of boarding, breeding, buying, letting for hire or selling of animals for compensation. Household pets offered for sale at the principle place of business of a duly licensed pet dealership, animals under the care of a licensed veterinarian, and one litter per household per year are exempt from this definition.

(110)

LAND—Ground, soil, or earth including structures or improvements on, above, or below the surface.

(110.5)

LAND DEVELOPMENT REGULATORY SYSTEM—The coordinated system of plans (e.g., comprehensive plans), regulations, code provisions and related status reports (e.g., concurrency test statement and transportation system report) that provide standards and guidance for land development related activities.

(111)

LANDSCAPING SERVICE ESTABLISHMENTS—An establishment where the primary use involves the maintenance of landscaping and open areas as a service usually performed by contract.

(112)

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.

(113)

LIGHT PRINTING ESTABLISHMENT—An establishment where the primary use is printing, reproduction, or publishing not involving linotype or large scale typesetting operations on the premise.

(114)

LOCAL PLANNING AGENCY (LPA)—The agency designated by the City to review the Comprehensive Plan pursuant to the requirements of F.S. Ch. 163.

(115)

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 historic site inventory but which does not change the residential or historical character of the structure. The term does not include a hotel, motel or boarding house.

(116)

LOT—A designated parcel, tract, or area of land established by subdivision or as otherwise permitted by law, to be used, developed, or built upon as a unit.

(117)

LOT, CORNER—A lot or parcel located at the junction of and adjoining two or more intersecting streets.

(118)

LOT, DOUBLE-FRONTAGE OR THROUGH—A lot which fronts on two parallel streets.

(119)

LOT, FLAG—A lot which does not meet the minimum lot width and is not classified as a nonconforming lot of record.

(120)

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.

(121)

LOT AREA—The total area within the boundaries of a lot excluding any street rights-of-way.

(122)

LOT COVERAGE—That portion of a lot covered by manmade improvements including but not limited to structures and paving.

(123)

LOT DEPTH—The average horizontal distance between the front and rear lot lines.

(124)

LOT LINE—The legal boundary of a lot or parcel of land.

(125)

LOT LINE, FRONT—The lot line separating the lot from the adjoining street right-of-way line. See YARD, FRONT.

(126)

LOT LINE, REAR—The lot line opposite the front. See YARD, REAR.

(127)

LOT LINE, SIDE—The lot line or lines other than the front or rear. See YARD, SIDE.

(128)

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.

(129)

LOT WIDTH—The distance between the side lot lines measured by one of the following means:

(A)

At the required front yard setback for the district in which it is located.

(B)

At the proposed setback line of the structure, if the setback is more restrictive than the district requirement.

(C)

The average width of the property measured from side property line to side property line.

For the purposes of new subdivisions, none of the above options shall be utilized for the purposes of creating flag lots or other subdivision arrangements that conflict with the requirements of Section 23.03 and Article X, Subdivision Regulations.

(130)

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.

(131)

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.

(132)

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.

(133)

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.

(133.5)

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 Pinellas County Multimodal Impact Fee Ordinance and the transportation provisions of this section through the site plan review process.

(134)

MOTEL—A building or group of detached or connected buildings which maintains a separate outside entrance containing a room or a group of rooms forming a separate, habitable units used or which could be used for living and sleeping purposes by one family, with or without independent kitchen facilities, occupied or intended to be occupied by transients on a rental or leased basis. Such unit shall be no larger than 850 square feet. A unit which is larger than 850 square feet shall be considered more than one unit, utilizing the criteria of size as in this definition. Motels are deemed to be transient accommodation uses in accordance with this Code.

Each motel shall:

1.

Contain a front desk and/or lobby with a reservation system, and easily accessible to members of the public;

2.

Have the appropriate license for a motel and all such licenses must be kept up-to-date annually; and

3.

Have sufficient signage viewable by the general public advertising such structure as a motel, with units available for daily, weekly or monthly rentals.

Each unit shall:

1.

Be subject to all applicable tourist tax collection requirements;

2.

Not be used for homesteading purposes;

3.

Not be issued a home occupational license; and

4.

Not be utilized as an address for the purposes of establishing residency or registering to vote.

Only one unit in the motel building or building may be used for the year-round occupancy by a person or family serving as the on-site manager(s). The manager unit may be used to establish residency. If the unit is owner-occupied, this unit may be used for homestead purposes and as an address for the purposes of establishing residency or registering to vote by the person or family serving as the on-site manager(s). This manager unit shall be exempt from the requirement being available for daily, weekly or monthly rental.

(135)

MOTOR FREIGHT TERMINAL—An establishment where the primary use is the storage, routing, and reshipment of freight by truck.

(136)

MOTOR POOL FACILITY—An establishment where the primary use is the outdoor or indoor storage, service, maintenance, or repair of motor vehicle fleets.

(137)

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.

(138)

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.

(139)

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.

(140)

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.

(141)

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.

(142)

NURSERY—Land or greenhouses used to raise flowers, shrubs, or plants for sale.

(143)

NURSING HOME—Any facility so licensed under F.S. Ch. 400, Part I.

(144)

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 artists studios.

(145)

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.

(146)

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.

(147)

OFF-SHORE TOUR VESSEL—Any type of watercraft which has a Coast Guard rated capacity of 125 or more persons and which also regularly engages in tours of two hours or longer and/or has an endorsement as an ocean-going vessel on their Certificate of Inspection.

(147.5)

NEW PEAK HOUR TRIP—A vehicle trip added to the major road network from and to a developed parcel of land during the weekday peak hour. This excludes "passer-by" or "diverted" trips, whereby the site is accessed as a secondary trip.

(148)

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.

(149)

ORDINANCE—Any City law adopted in accordance with the requirements of F.S. Ch. 166.

(150)

OUTDOOR STORAGE—The storing or displaying in an open area of any goods, equipment, material, or vehicles.

(151)

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.

(152)

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.

(153)

PARCEL—A lot or tract of land.

(154)

PARKING LOT—An off street, ground level area, usually improved with paving, landscaping, and drainage for the temporary storage of motor vehicles.

(155)

PARKED OR STORED—An area designed and used for the temporary or permanent parking or storage of motor and recreational vehicles.

(155.5)

PEAK HOUR—In describing traffic conditions, is the 100th highest volume hour of the year in the predominant traffic flow direction.

(156)

PERCOLATION—The infiltration of water through the ground.

(157)

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 or the City's specifications.

(158)

PERMITTED USE—The use of land or of a structure which is permitted by right under the provisions of this Code.

(159)

PERSONAL SERVICE ESTABLISHMENT—Establishments primarily engaged in providing services involving the care of a person or their apparel. 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.

(160)

PINELLAS PLANNING COUNCIL (PPC)—The county-wide planning body for Pinellas County established by Chapter 88-464, Laws of Florida.

(161)

PLAN—The City's Comprehensive Plan.

(162)

POTABLE WATER—Water suitable for drinking.

(162.5)

PRE-EXISTING USE—Refers to the land use that occupied a parcel of land prior to the submittal of a permit/site plan application. In accordance with the Pinellas County Transportation Impact Fee Ordinance (TIFO), development projects are entitled to a credit equivalent to the impact fee assessment of any land use activity that existed on the property as of June 30, 1986, the original adoption date of the TIFO. The applicant must provide the necessary documentation to verify any pre-existing use activity not reflected in the current records of the Pinellas County Property Appraiser's Office.

(163)

PRIMARY USE—The main use of land or structures, as distinguished from a secondary or accessory.

(164)

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, but not primarily for profit or to render a service that is customarily carried on as a business or open to the general public. Food, meals, and beverages may be served on premise in accordance with the accessory use and structure section of this Code.

(165)

PROJECT—A development activity along with the site improvements required by this Code.

(166)

PUBLIC HEARING—A meeting announced and advertised in advance and open to the public, with the public given the opportunity to participate.

(167)

QUALITY RESTAURANT—A sit down restaurant with table turnover rates of one hour or more.

(168)

QUASI-PUBLIC—A public service rendered by a nonprofit organization.

(169)

RECORDING—Filed and recorded with the Clerk of the Court for Pinellas County.

(170)

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 persons 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.

(171)

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.

(172)

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.

(173)

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.

(174)

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.

(175)

RESERVE STRIP—A strip of land specifically created or designed to have the effect of denying access from adjacent property to a public street.

(176)

RESIDENTIAL LIVING FACILITY—A dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services as defined by § 52.00 of this Code.

(177)

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.

(178)

RESTAURANT—An establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, tea rooms, and outdoor cafes.

(179)

RETAIL FOOD ESTABLISHMENT—An establishment where the primary use is the sale of take out 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.

(180)

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.

(181)

REZONE—An amendment to the Official Zoning Atlas changing the zoning classification of a particular parcel of land.

(182)

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 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."

(183)

RIGHT-OF-WAY LINE—The lines that form the outer boundaries of a right-of-way.

(184)

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 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.

(185)

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.

(186)

SCREENING—A method of visually shielding or obscuring an adjoining structure or use from another by fencing, walls, berms, or densely planted vegetation.

(187)

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.

(188)

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 service stalls for the performance of regular automotive maintenance services and minor vehicle repair.

(189)

SETBACK (LINE)—The line that is required by this Code as the minimum distance from a lot line.

(190)

SHOPPING CENTER—A group of three or more commercial establishments planned, constructed, or managed as a total entity, with parking provided on site.

(191)

SHORELINE—A line which follows the mean high water line for tidal waterbodies and the ordinary high water line for fresh water.

(192)

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.

(193)

SITE PLAN—A development proposal prepared and submitted pursuant to § 210.00 of this Code.

(194)

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.

(195)

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.

(196)

STREET—A strip of land intended for vehicular and pedestrian travel and providing the primary access to property.

(197)

STREET, LOCAL—Any street not functionally classified as a thoroughfare by the Traffic Circulation Element of the Comprehensive Plan.

(198)

STREET, PRIVATE—Any street which is not owned and maintained by the City, County, or State.

(199)

STREET, THOROUGHFARE—Any street functionally classified as a collector, arterial, or expressway by the Traffic Circulation Element of the Comprehensive Plan.

(200)

STREET INTERSECTION—Where two or more streets cross at grade.

(201)

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.

(202)

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.

(203)

STUDIO—A structure or portion of a structure used as a place to work by an artist, photographer, musician, or similar artisan.

(204)

SUBDIVISION—The division of a lot, tract, or parcel as defined, prepared and submitted in accordance with the standards, requirements, and procedures of Article X of this Code.

(205)

SUBMERGED LAND—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, retention areas that are a function of development and wetlands shall not be considered submerged lands.

(206)

SURVEYOR—A professional who is registered with and licensed by the State of Florida as a land surveyor.

(207)

SWFWMD—Southwest Florida Water Management District.

(208)

TEMPORARY STRUCTURE—A structure without any permanent foundation or footings and which is removed after a designated time period.

(209)

TEMPORARY USE—Any use of property or of a structure which is not designed nor intended to be permanent in nature.

(210)

THOROUGHFARE INTERSECTION—Where a thoroughfare street crosses another street at grade.

(211)

TIDE—A periodic rise and fall of salty or brackish waters caused by gravitational pull.

(212)

TIER—A series of rows of lots arranged one above or behind the other.

(213)

TOURIST HOME—A single family detached dwelling where the primary use is to provide temporary lodging accommodations for compensation to transient residents, especially motor tourists or travelers. 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 six 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.

(214)

TOXIC, HAZARDOUS, OR INDUSTRIAL WASTES—A solid waste or combination of solid wastes which because of its or their quantity, 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, F.S. Ch. 442.103.

(215)

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.

(216)

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."

(217)

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 §§ 148.00 through 148.03 of this Code.

(218)

TRANSIENT ACCOMMODATION UNIT—An individual room, rooms or site within a Transient Accommodation Use designed to be occupied as a single unit for temporary lodging or living quarters.

(219)

TRANSIENT ACCOMMODATION USE—A facility containing one or more transient accommodation units, the occupancy of which occurs, or 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. In determining whether a property is used as a transient accommodation use, such determination shall be made without regard to the form of ownership of 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.

(220)

TRANSITIONAL USE—A use of land or a structure of an intermediate intensity between a more intensive and less intensive use.

(220.5)

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. These strategies include, but are not limited to, density/intensity reductions, project phasing, access controls, capital improvements and/or incentives encouraging mass transit, bicycle or pedestrian travel, ride-sharing or roadway improvements. Strategies that are standard site plan review requirements would not be eligible for inclusion in a transportation management plan. Transportation Management Plans must be submitted to the Planning and Zoning Department for review and approval.

(220.6)

TRANSPORTATION MANAGEMENT SYSTEM—The management of development impacts on transportation facilities and implementation of mobility improvements pursuant to the Mobility Plan.

(221)

TRAVEL TRAILER—A vehicular, portable structure built on a chassis and designed primarily for overnight or extended occupancy on a transient basis.

(222)

TREE—As defined by § 133.01 of this Code.

(223)

TRIP—A single one way vehicle movement either to or from a subject use or parcel of land.

(224)

USACOE—U. S. Army Corps of Engineers.

(225)

USE—The purpose or activity for which land or structures are designed, arranged, or intended, or for which they are actually occupied or maintained.

(226)

USFWS—U. S. Fish and Wildlife Service.

(227)

UTILITY SERVICE, LIGHT—Means any of the following uses:

(a)

Electric substations and distribution centers;

(b)

Stand alone sewage pumping stations not accessory to a project or use of land;

(c)

Telecommunication facilities not including communication towers;

(d)

Stand alone potable water storage and pumping stations not accessory to a project or use of land.

(228)

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 acre in size.

(229)

VEHICLE—A self propelled device used for the transportation of people or goods, and may include vehicles used for recreation and vehicle trailers.

(230)

VEHICLE RENTAL ESTABLISHMENT—Any establishment where the primary use is the rental of vehicles such as automobiles, motorcycles, trucks, trailers, boats, travel trailers, and farm equipment.

(231)

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.

(232)

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.

(233)

VEHICLE SALES ESTABLISHMENT—Any establishment where the primary use is the retail sale of vehicles such as automobiles, motorcycles, trucks, trailers, boats, travel trailers, and farm equipment. Accessory vehicle repair (major or minor) and vehicle preparation may be provided.

(234)

WAREHOUSE—An establishment where the primary use is the storage of merchandise, products, or materials in bulk for a fee or charge or for distribution to other establishments operated by the same business enterprise.

(235)

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.

(236)

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.

(237)

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 F.S. Ch. 177 under the Florida Coastal Mapping Act.

(238)

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 United States Geological Survey (USGS) or other official government sources.

(239)

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.

(240)

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.

(241)

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 determined by the locations of the principal entrance to, and the primary orientation of the structure, which is most often facing the narrowest width of the lot.

(242)

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.

(243)

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.

(Ord. 90-10, passed 5-1-90; Am. Ord. 91-14, passed 5-7-91; Am. Ord. 91-15, passed 5-7-91; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 94-19, passed 5-17-94; Am. Ord. 94-42, passed 12-20-94; Am. Ord. 96-01, passed 2-20-96; Am. Ord. 97-40, passed 12-16-97; Am. Ord. 98-09, passed 8-4-98; Am. Ord. 2000-21, passed 6-20-00; Am. Ord. 2001-06, passed 4-17-01; Am. Ord. 2001-33, passed 12-4-01; Am. Ord. 2003-26, passed 7-15-03; Am. Ord. 2003-31, passed 9-30-03; Am. Ord. 2004-10, passed 5-4-04; Am. Ord. 2005-26, passed 12-20-05; Am. Ord. 2011-08, passed 9-6-11; Am. Ord. 2017-07, passed 5-2-17; Am. Ord. No. 2023-09, passed 9-19-23)