For the purpose of these Regulations, the following analogous words and terms shall be interpreted to have similar meaning when not inconsistent with the context:

(A)

Words used in the singular number include the plural and words used in the plural number include the singular.

(B)

Words used in the present tense include the future tense.

(C)

The word "constructed" includes the words "erected," "built," "installed," "altered," "rebuilt," and "repaired."

(D)

The word "person" includes the words "individual," "firm," "partnership," "corporation," "association," "organization," "trust," "company," or any other legal entity.

(E)

The word "structure" includes the word "building."

(F)

The word "subdivider" includes the word "developer."

Except where specific definitions are used within a specific section of these regulations for the purpose of such sections, the following terms, phrases, words, and their derivations shall be the meaning given herein when not inconsistent with the context:

Abandoned Sign: A sign which no longer serves to advertise a bona fide business conducted, service performed or product sold where such business, service or products have been discontinued for a period of twelve (12) months.

Abutting Property: Any property that is immediately adjacent to or contiguous with property that may be subject to any hearing required to be held under these regulations or that is located immediately across any road or public right-of-way from the property subject to any hearing under these regulations.

Access Classification: A system for assigning the appropriate degree of access control to roadways, based upon roadway function, traffic characteristics, and community development objectives.

Access Connection: Any driveway, street, turnout or other means of providing for the movement of vehicles to or from the public roadway system.

Access Management: The process of providing and managing access to land development, while preserving the safety and efficiency of travel on the surrounding roadway system.

Access Management Plan: A plan establishing the preferred location and design of access for properties along a parkway or major arterial roadway or in the area around an interchange for the purpose of access management.

Accessory Areas: Any structures such as detached garages, screen rooms, carports, pool areas, or sheds, which are not incorporated into the main residential structure.

Accessory Sign: A permanent ground or building sign that is permitted under these regulations as incidental to an existing or proposed use of land.

Accessory Use or Accessory Structure: A use or structure that is incidental, related, appropriate, and clearly subordinate to the main use of the lot or building and unless otherwise provided, on the same premises. The accessory use shall not alter the principal use of the subject lot or significantly affect other properties in the district. An accessory use or structure may include such uses or structures as an implement shed, barbeque pit, garden or ornamental landscape structure, garden/green house, canvas or metal shade structure, carport, detached garage, gazebo, play structure, remote TV receiver, satellite dish, antenna, and the like, but shall not include a structure used for human habitation or commerce.

Act: The federal water pollution control act, as amended, also known as the clean water act, as amended, title 33 USC, section 1251 et. seq.

Actual or Contract Value: The actual dollar cost of an improvement as evidenced by a written contract or agreement for the construction of that improvement.

Addition: Any walled and roofed expansion to the perimeter of a building which is connected to the existing building by a common load bearing wall other than a fire wall. Any walled and roofed addition, which is connected to an existing building by a fire-wall or is separated from the existing building by independent perimeter load-bearing walls shall be considered new construction.

Adopted Level Of Service: The Level of Service (LOS) Policies adopted in the Comprehensive Plan. These adopted Levels of Service are the regulatory standards to be used in evaluating development order requests for the purposes set forth in these Regulations.

Advertising: Sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity, entertainment, or real or personal property.

Adult Activity Center: "Adult Activity Center" means the building, or part of a building in which is provided within the hours of 6:00 a.m. and 9:00 p.m. not to exceed a period of greater than 15 hours a day, social, recreational and health-related services to individuals in a protective setting. Such facilities shall be designed to meet the needs of older adults but shall also be permitted to provide service to persons who are 18 years of age or older and inflicted with physical or mental disabilities which present an obstacle to their performing basic daily activities.

Adult Congregate Living Facility: A residential facility licensed by the State of Florida Agency for Health Care and Administration for four or more elderly persons (age sixty (60) or older) within which are provided living and sleeping facilities, meal preparation, laundry services and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments, and counseling.

Agricultural Lands: Those lands in any agricultural use including forestry for which an agricultural tax exemption has been granted.

Alarm System: Any mechanical, electrical, or radio-controlled devise or system which is designed to emit, transmit or relay a signal or message and which, when activated, is intended to summon, or that would reasonably be expected to summon police, fire or emergency medical services.

Alcoholic Beverages: Includes any and all beverages containing alcohol, including but not limited to: whiskey, liquors, beer, spirits and wine.

Alcoholic Beverage Establishments: Term applies to those commercial establishments selling, dispensing, serving or providing alcoholic beverages and includes, but is not limited to, bars, nightclubs, cocktail lounges, package stores. Whenever the terms, "sale" or "sell," in any of their forms, are used in these regulations in reference to alcoholic beverages, such terms shall be construed to include the selling, dispensing, serving or providing of alcoholic beverages.

Alley: A public right-of-way or thoroughfare which affords only a secondary means of access to abutting property as shown by recorded plats of the City and all subdivision within the City.

Alteration: Any change affecting the exterior appearance of an existing structure or improvement by additions, reconstruction, remodeling, maintenance or structural changes involving changes in form, texture, materials or color or any such changes in appearance in specially designed historic site, or historic interiors.

Ancillary Apartments: Dwelling units above the first story of any structure having the first story devoted to commercial uses.

Apartment: (See also Dwelling, Multi-Family) A room or a set of rooms fitted with housekeeping facilities and leased as a dwelling.

Applicant: Any person or his duly authorized representative who submits plans through any City agency for the purpose of obtaining approval thereof.

Approval Authority: The director in an NPDES state with an approved state pretreatment program and the administrator of the USEPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

Approved: Approved by the building official or other authority having jurisdiction.

Aquifer: An underground formation, group of formations, or part of a formation that is permeable enough to transmit, store, or yield usable quantities of water.

Archaeological Site: Earthworks, any subsurface remains of historical, archaeological importance, or any unusual ground formations of archaeological significance.

Architect: A duly registered and licensed architect.

Area of Shallow Flooding: A designated AO or VO Zone on the city flood insurance rate map (FIRM) with base flood depths from one foot (1') to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of Special Flood Hazard: The land in the floodplain within the city subject to a one percent (1%) or greater chance of flooding in any given year.

As-Built Plans: The final plans amended to include all locations, dimensions, elevations, capacities, capabilities, as actually constructed and installed.

Ashes: The residue from the burning wood, coal, coke, or other combustible materials.

Authorized representative of industrial user:

(1)

A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;

(2)

A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or

(3)

A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

Attic Story: Any story situated wholly or partly in the roof, so designated, arranged or built as to be used for business, storage or habitation.

Auto Rental Lot: A lot or parcel of land on which passenger automobiles for active rental purposes only are stored or parked.

Automobile Repair: General repair, engine rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting of motor vehicles.

Automobile Service Station: A place where motor vehicle fuels and lubricants are retailed directly to the public on premises; minor services and the sale of minor accessories are permitted, but repair and rebuilding are prohibited.

Automobile Wrecking or Junkyard: Any place where two (2) or more motor vehicles not in running condition or not bearing current inspection sticker or current license plate or parts thereof, are stored in the open and are not being restored to operation; any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof; and including the commercial salvaging and scavenging of any other goods, articles or merchandise.

Banner Sign: A strip of cloth or similar material, not permanently affixed to a frame or surface, on which a sign is painted, generally suspended between poles or structures by cloth straps or ropes and is intended as a temporary sign.

Bar: This term includes tavern, cocktail lounge, nightclub, saloon, and the like. Any establishment wherein alcoholic beverages are sold or dispensed for consumption on premises and where the annual gross revenue from the sale of alcoholic beverages is fifty-one percent (51%) or greater of the total gross revenue of the establishment; or any establishment wherein alcoholic beverages are sold or dispensed for consumption on premises which displays a sign that is visible from outside the establishment that advertises alcoholic beverages; or where alcoholic beverages are sold or dispensed for consumption on premises, where private recreational activities are available to the patron of that establishment. Such recreational uses include, but are not limited to, pool tables, dart games, air hockey, dancing, live entertainment, karaoke, pinball or video machines.

Bar-Wine & Beer: A bar that sells or provides or allows the consumption of wine or beer on the premise but does not sell or provide or allow the consumption of liquor on the premise and does not provide a drive-through window or other such take-out facility designed for the sale of packaged wine and beer for off-site consumption.

Base Flood: The flood having a one-percent change of being equaled or exceeded in any given year.

Basement: That portion of a building having its floor subgrade (below ground level) on all sides.

Bed and Breakfast: A private residence including related buildings with up to five (5) guest rooms in which the owner occupies the primary building.

Bench Sign: A sign located on any part of the surface of a bench or seat.

Beneficiaries of Drainage Service: All developed real properties within the City, which benefit by the provision of maintenance operation and improvement of the stormwater control system. Such benefits may include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater, the reduction of hazard to property and life resulting from stormwater runoff improvement in the general health and welfare through reduction of undesirable stormwater conditions and improvements to the water quality in the storm and surface water system and its receiving waters.

Bike Lane: A portion of roadway which has been designated for the preferential or exclusive use by bicyclists.

Bikeway: Any road, path, or route which in some manner is specifically designated as open to bicycle travel.

Billboard: A permanent ground sign supported by one or more poles attached to which is a sign area which is at least two-hundred square feet (200') in size and which is used or installed to attract attention to a place or product sold, other than at the location of said sign.

Block: Includes tier or group and means a group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter, or other name through which it may be identified.

Boarding House: A residential use consisting of at least one dwelling unit together with one or more rooms that are rented or intended to be rented to one or more persons who are not husband and wife, son or daughter, mother or father, or sister or brother of the owner or operator, but which rooms, individually or collectively, do not constitute separate dwelling units. A boarding house or rooming house is designed to be occupied by longer term residents as opposed to overnight or weekly guests.

BOD (denoting biochemical oxygen demand): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees (20°) centigrade, expressed in milligrams per liter. The BOD shall be determined in accordance with procedures set forth in standard methods.

Boutique Hotel: A Boutique Hotel is a small resort destination that provides a unique setting with upscale accommodations typically between five (5) and twenty-five (25) rooms.

Buffer: A specified land area, located parallel and within the outer perimeter of a lot or parcel and extending to the lot or parcel boundary line, together with the planting and landscaping required on the land. A buffer may also contain, or be required to contain, a barrier such as a berm, fence, wall or vegetation, or combination thereof, where such additional screening is necessary to achieve the desired level of buffering between various land use activities. A buffer is not intended to be commensurate with the term "yard" or the term "stormwater management area."

Building: Any structure, either temporary or permanent, having a roof or the covering and designed or used for the shelter or enclosure of any person, animal or property of any kind. For the purpose of these regulations each portion of a building separated from other portions by a fire-wall shall be considered as a separated building. For the purpose of area and height limitations, this definition shall be applicable to sheds and open sheds.

(A)

Shed shall mean any structure built for the support, shelter or enclosure of animals, chattels or property of any kind, which has enclosing walls for less than fifty percent (50%) of its perimeter.

(B)

Open shed shall mean any structure that has no enclosing walls.

Building Area: The space remaining on a lot after the minimum open space requirements (such as front, side and rear yards and restrictions on maximum lot coverage by buildings) of this chapter have been complied with.

Building Drain: That part of the lowest horizontal piping of a sewerage or drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to a point five feet (5') outside the outer face of the building wall to the building sewer.

Building (existing): Any structure erected prior to the adoption of the ordinance from which this chapter was derived, or one for which a legal building permit has been issued.

Building, Height of: The measurement from the mean level of the ground immediately surrounding the building to the highest point of the roof's surface. In measuring the height of a building, parapet walls, chimneys, cooling towers, elevator towers and ornamental cupolas, domes or spires not exceeding five and one-half feet (5½') in height shall be excluded. Steeples associated with houses of worship shall be excluded up to a maximum height of eighty feet (80'). Television and communications antennas may be attached to the building or erected in the rear yard as long as the total height of any such antenna does not exceed thirty-five feet (35') in residentially zoned districts and sixty feet (60') from the ground level in all other districts, except where adjacent to residentially zoned district where, in such cases the thirty-five-foot (35') height limitation is in effect unless otherwise provided for in Chapter 8.

Building, Principal: A building in which is conducted the main or principal use of the lot on which said building is located.

Building Setback Line (also see Yard definition): The line beyond which a building shall not extend, except as specifically provided by law.

Building Sewer: The extension from the building drain to the public sewer or other place of disposal, beginning five feet (5') outside the outer face of the building wall.

Building Sign: A sign displayed upon or attached to any part of the exterior of a building, including walls, windows, doors, parapets, marquees and roof slopes of forty-five degrees (45°) or steeper.

Canal: An artificial waterway for transportation, irrigation, or stormwater conveyance.

Canopy Tree: Any tree indigenous to the state of Florida that grows to a minimum height of forty feet (40') and provides a thirty foot (30') radius of shade at full maturation.

Capacity (Roads): The maximum number of vehicles that can be accommodated by a given roadway during a specified time period under prevailing roadway, traffic and control conditions at that roadway's adopted level of service.

Capital Improvement: Physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multi-year financing. For the purposes of these Regulations, physical assets, which have been identified as existing or projected needs in the Comprehensive Plan shall be considered capital improvements.

Categorical Standards: The national categorical pretreatment standards or pretreatment standard.

Certificate of Appropriateness: A written document, issued under the terms and conditions of this ordinance, allowing specified alterations, demolition, construction, or other work to a designed historic site, or for a building or structure within a designated historic district.

Certificate of Occupancy: That certificate issued by the City of Tavares Building Official subsequent to final inspection that all improvements have been completed in conformity with all applicable building and construction regulations in the City and the approved construction plans and specifications and may be used or occupied.

Change In Use:

(A)

A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever:

(1)

The change involves a change from one principal use category to another.

(2)

The use changes to such an extent that the parking requirements for the overall use are altered.

(3)

If the original use is a planned unit development use, the mixture of types of individual principal uses that comprise the combination use or planned unit development use changes.

(4)

If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise moves in that is not within the same principal use category. Moreover, if the business moved out of a rented space in a shopping center and was replaced by a similar, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center— combination use) has not changed.

(B)

A mere change in the status of property from unoccupied to occupied or vice versa does not necessarily constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of property without regard to any intervening period during which the property may have been occupied, unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.

(C)

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

(D)

The intent of these provisions is to provide for the elimination of non-conforming structures and uses consistent with Policy 1-1.6.1 of the City of Tavares Comprehensive Plan unless special circumstance exist as determined by the City Council.

Chicane: A traffic control measure that reduces the speed of vehicles by providing a narrowed vehicle travel path for a section of roadway.

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

Child Care Center: A residence the provides "Child care."

Circulation area: That area used for access to parking or loading areas or other facilities on the lot. Essentially driveways and other maneuvering areas comprise the circulation area.

City: The City of Tavares, Florida.

City Administrator: The City Administrator of the City of Tavares.

City Wastewater System or System: All facilities and interests in the real and personal property owned, operated, managed or controlled by the City now and in the future and used to provide wastewater service to existing and future customers within the service area of the City.

Clearance: The alteration of or removal of shoreline vegetation by chemical treatment, mechanical or non-mechanical uprooting or removal.

Clearing:

(A)

The removal of trees and brush from a substantial part of the land but shall not include mowing.

(B)

The removal of a tree by digging, pushing, or cutting, or the effective removal through damage.

(C)

The alteration of or removal of shoreline vegetation by chemical treatment, mechanical or non-mechanical uprooting or removal.

Club: Buildings and facilities owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit or to render a service, which is customarily carried on as a business.

Cluster Development: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.

Commemorative Sign: A sign located in public rights-of-way, which serves as a memorial to individuals or organizations, for donated community improvements such as ornamental plants, statues and signs.

Commercial Building: Any structure that is used or designed to be used primarily for non-residential purposes.

Commercial Cluster: An area developed and maintained as a single entity according to a plan containing commercial units, which have a common or public open space as an appurtenance.

Common Open Space: An area of land, or an area of water, or combination of land and water within the area of a Planned Development or similar type development which is designated and intended for the use or enjoyment of residents or occupants in common. Common open space may contain such structures and improvements as are desirable and appropriate for the common benefit and enjoyment of residents or occupants of the development.

Community Center: A building used for recreational, social educational, and cultural activities, open to the public or a designated part of the public, owned and operated by a public agency.

Community Residential Home: A dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services, which provides a living environment for 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 any of the following:

(A)

An aged person as defined in Section 400.618 (3), Florida Statutes;

(B)

A physically disabled or handicapped person as defined in Section 760.22(5)(a), Florida Statutes;

(C)

A developmentally disabled person as defined in Section 393.063(6), Florida Statutes;

(D)

A non-dangerous mentally ill person as defined in Section 394.455(3), Florida Statutes;

(E)

A child as defined in Section 39.01(8) and (10), Florida Statutes.

Community Shelter: A residence providing food, shelter, medical care, legal assistance, personal guidance, and other services to adults or children who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

Compensating Storage: Equivalent floodplain storage provided to counterbalance floodplain filling.

Connection Charge: A charge paid to the City by a developer or consumer or customer as reimbursement to the City for the actual cost of furnishing and installing the meter and all other facilities at a water or wastewater service connection either at the time of initial installation or whenever a change in size or capacity is performed.

Conservation Areas: Environmentally sensitive and valuable lands protected from any activity that would significantly alter their ecological integrity, balance, or character, except in cases of overriding public interest. Conservation areas include freshwater marshes, shallow grassy ponds, hardwood swamps, cypress swamps, natural shorelines, and other areas of significant biological productivity or uniqueness.

Conservation Easement: A right or interest in real property which is appropriate to retaining land or water areas predominately in their natural, scenic, open, or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; or maintaining existing land uses; and which prohibits or limits the activities described in Section 704.06, Florida Statutes, as the same now exists or may from time to time be amended.

Conservation Plan: A formal document which outlines a system of management practices to control soil erosion and to improve water quality for a specific parcel of property, and which has been either:

(A)

Prepared by the United States Department of Agriculture Soil and Water Conservation Service (SCS) in conjunction with a local Soil and Water Conservation Board, organized pursuant to Chapter 582, F.S.; or

(B)

Prepared by a private consultant to standards, specifications, and guidelines developed by the SCS; or

(C)

Prepared by a private consultant based on SCS guidelines using guidelines for Conservation Plans using accepted engineering principles, and which provides an equivalent level of treatment.

Construction: Any site preparation, assembly, erection, repair, alteration, or similar action for or on rights-of-way, structures, utilities, or similar property.

Construction, Actual: The commencement and continuous uninterrupted prosecution of construction pursuant to a permit which includes the permanent placement and fastening of materials to the land or structure for which the permit has been issued. Where demolition, excavation or removal of an existing structure has been substantially begun preparatory to new construction, such excavation, demolition or removal shall be deemed to be actual construction, provided that work shall be continuously carried on until the completion of the new construction involved. Fill and the installation of the drainage facilities shall be considered a part of construction. Actual construction shall include only work begun under a valid building permit.

Construction Plans: Those detailed engineered plans, specifications and calculations prepared in accordance with City and other applicable regulations, codes and standards, submitted to the City for approval of a Site and Development Plan or Final Subdivision Plan, which set forth the specific improvements to be made in conjunction with the development as they affect the existing site, its boundary conditions, topography, drainage, access, and associated road and other right-of-way and easements.

Construction Sign: A sign giving the names of principal contractors, architects and lending institutions responsible for construction of the site where the sign is placed, together with other information included thereof.

Contributing Building: A building contributing to the historic significance of a district which by virtue of its location, design, setting, material, workmanship, or association with local historic events or personalities lends to the district's sense of time and place within the context of the intent of historic preservation.

Contributors of Drainage Waters: All developed real properties within the City.

Control Authority: The approval authority as defined above, or the director if the City has an approved pretreatment program under the provisions of Title 40 CAR, Section 403.11.

Cooling Water: The water discharged from any use, such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.

Copy, (sign): The linguistic or graphic content of a sign.

Copy Area: The advertising display surface area encompassed within any sign.

Corner Clearance: The distance from an intersection of a public or private road to the nearest access connection, measured from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection along the traveled way.

Corridor Overlay Zones: Zones which provide special requirements added on to the underlying land development regulations along portions of a public roadway.

Critical Habitat: Habitat which if lost would result in elimination of individual listed species from the area in question. Critical habitat typically provides functions for the listed species during restricted portions of that species life cycle. Habitat includes the place or type of site where a species naturally or normally nests, feeds, resides, or migrates, including for example, characteristic topography, soils, and vegetative cover.

Cross Access: An easement or service drive providing vehicular access between two or more contiguous sites.

Cul-de-sac: A dead end street with a circular turnaround at the end.

Curb Grade: The established elevation of the curb in front of the building measured at the center of such front. Where no curb grade has been established, the City shall establish such curb level or its equivalent for the purpose of these regulations.

Customer: The individual or corporate entity responsible for payment of the security deposit and monthly service charges. This shall be either the owner of the property or an individual or corporate entity authorized by the owner to open the utility account.

Cut-through Traffic: Traffic passing through a specific residential area without stopping or without at least one trip end within the area.

Decisionmaking Body: The Technical Review Committee (TRC) for minor developments and the City Council for major developments.

Degradation: Any adverse or negative modification (from the perspective of the subject species) of the hydrological, biological or climatic characteristics supporting the species, or of plants and animals co-occurring with and significantly affecting the ecology of the species.

Demolition: Any dismantling, intentional destruction or removal of buildings or structures, utilities, right-of-way surfaces, or similar property.

Density, Residential: The number of residential dwelling units permitted per gross acre of land as determined by the City of Tavares Zoning Regulations.

Designated Exterior: All outside surfaces of any improvement, building, structure defined in the historic preservation survey as having significant value to the historic character of the building, district or City.

Detention or to Detain: The collection and temporary storage of stormwater in such a manner as to provide for treatment through physical, chemical, or biological processes and/or attenuation of the peak rate of flow.

Developed: That point in time when the building and site have received final inspections.

Developer: Any person, individual, partnership, association, syndicate, firm, corporation, trust or legal entity engaged in developing or subdividing land under the terms of the City of Tavares Land Development Regulations. The term developer is intended to include the term subdivider, even though the person involved in successive stages of a development project may vary.

Development or Development Activity: The alteration, construction, installation, demolition or removal of a structure, impervious surface or drainage facility; or clearing, scraping, grubbing, killing or otherwise removing the vegetation from a site; or adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise significantly disturbing the soil, mud, sand or rock of a site.

Development Order: Any order granting, denying or granting with conditions an application for a development permit.

Development Plan or Site Plan: A plan submitted by an applicant which illustrates information required by these regulations.

Development Permit: Any building permit, zoning permit, preliminary subdivision plan, subdivision or other plat approval, site and development plan approval, rezoning, certification, special use, variance, environmental permit or any other official action of City of Tavares or any other state or local government commission, board, agency, department of official having the effect of permitting development of land located within the geographic area subject to the provisions of the City of Tavares Land Development Regulations. Development shall include all activities set forth in Section 380.04, Florida Statutes.

Diameter Breast Height (DBH): The diameter, measured in inches, of a tree measured at four-and-one-half feet (4½') above the existing grade.

Direct Discharge: The discharge of untreated or treated wastewater directly to the waters of the state.

Directional Median Opening: An opening in a restrictive median that provides for specific movements and physically restricts other movements. Directional median openings for two opposing left or "U-turn" movements along a road segment are considered one directional median opening.

Director of Public Works: The Director of Public Works of the City of Tavares, Florida.

Directory Sign: A sign on which the names and locations of occupants or the use of a building is given. This shall include office building and church directories.

Discharge: The outflow of water from a project, site, aquifer, drainage basin or facility.

Dissolved Solids or Dissolved Matters: The solid matter in solution in the wastewater and shall be obtained by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedures in standard methods.

Ditch: An artificial waterway for irrigation or stormwater conveyance.

Dock: A structure over water or landward of which is designed or used to provide anchorage for and access to one or more boats at anchorage.

Domestic Sewage: The sewage produced from noncommercial or non-industrial activities, and which result from normal human living processes, which are of substantially similar origin and strength to those typically produced in households, including sewage from sanitary conveniences.

Drainage Facility: Any component of the stormwater management system.

Drainage Right-of-Way: The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

Drainage System: All facilities used for the movement of stormwater through and from a drainage area including, but not limited to, any and all of the following conduits an appurtenant features: canals, channels, ditches, flumes, culverts, streets, as well as all watercourses, water bodies and wetlands.

Dredging, Filling, and Other Related Activities: Any activities which may affect the quality of the waters of the City, such as, the following: draining, digging, pumping, pushing, removing, or displacing, by any means, of material, or the dumping, moving, relocating, or depositing of material, either directly or otherwise, and the erecting of structures, driving of pilings, or placing of obstructions below the mean-high-water mark of any body of water within the City.

Drip Line: An imaginary line on the ground defined by vertical lines, which extend from the outermost tips of the tree branches to the ground.

Driveway Flare: A triangular pavement surface at the intersection of a driveway with a public street that facilitates turning movements and is used to replicate turning radius in areas with curb and gutter construction.

Driveway Return Radius: A circular pavement transition at the intersection of a driveway with a street that facilitates turning movements to and from the driveway.

Driveway Spacing: The distance between driveways as measured from the closest edge of pavement of the first driveway to the closest edge of pavement of the second driveway along the same side of a roadway.

Due Public Notice/Advertisement: Due public notice, as used in connection with the phrase "public hearing" or "hearings with due public notice" involve the following requirements: At least ten (10) days notice of the time and place of such hearing required under this act shall be published one (1) time in a newspaper of general circulation in the area; provided, however, that if the hearing applies to a single lot, parcel, or tract of land rather than to all of the lands within a planning area, governmental jurisdiction, zoning district, or other planning or governmental sub-unit, such notice shall also be posted in a conspicuous place on such lot, parcel, or tract of land. The notice shall state the time and place of the hearing, or the times and places of the hearings, the nature of the matter to be discussed, and that written comments filed with an appropriate designated official will be considered and that persons appearing will be heard orally, and may state that the hearings will be continued from time to time as may be found necessary. Affidavit proof of the required publication shall be presented at the hearing.

Dwelling: A building or portion thereof, including a mobile home, designed exclusively for residential occupancy or habitation including one and multiple family dwellings, but not including hotels, tourist homes, motels, boarding and lodging houses.

Dwelling, One or Single-Family: A detached building, including residential design manufactured homes and modular housing, designed or used exclusively for residential occupancy by one (1) family.

Dwelling, Multiple-Family: A structure designed or used for residential occupancy by more than one (1) family, including duplexes, apartment houses, (rental, condominium and cooperative), row houses, townhouses and similar housing types, but not including motels, motor courts, rooming houses, boarding houses, or hotels.

Dwelling, Townhouse: A building designed for or occupied exclusively by one family and attached to two (2) or more other buildings of similar design and separated by one or more party walls. Attached townhouses, as defined, constitute a building group.

Dwelling Unit: A unit of one (1) or more rooms, designed primarily for occupancy by one (1) family, located in a dwelling.

Easement: Any strip of land created for public or other private utilities, drainage, sanitation, or other specified uses having limitations, the title of which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Educational Institution: A place for systematic instruction with a curriculum the same as customarily provided in a public school or college. These activities include nursery school and kindergarten facilities designed to provide a systematic program to meet an organized training requirement.

Electric Sign: Any sign containing electric wiring.

Elevated Building: A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (post and piers), shear walls, or breakaway walls.

Enforceable Development Agreement: Any agreement entered into by a local government with any person having a legal or equitable interest in real property located within its jurisdiction as provided for by Sections 163.3220—163.3243, Florida Statutes.

Engineer: An engineer registered under Chapter 471, Florida Statutes, who is in good standing with the Florida State Board of Professional Engineers.

Equivalent Residential Unit(ERU): An average single-family detached residence. This definition is intended to reflect the annual average consumption per unit for all detached single-family residences without regard to actual consumption.

Equivalent Single-Family Unit (ESFU): The average impervious area for single-family dwellings in the City, as established by resolution of the City council.

Erect a Sign: To construct, reconstruct, build relocate, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it shall not include any of the foregoing activities when performed as an incident to the change of message, or routine maintenance.

Erosion: The wearing or washing away of soil by the action of water.

Essential Services: Public utility facilities either underground or overhead and related to the transmission or distribution system of water, sanitary or storm sewerage, telephone, gas, electricity, solid waste disposal, cable or community television and public safety including poles, wires, mains, hydrants, drains, pipes, conduit, police or fire call boxes, traffic signals and other similar equipment necessary for the furnishing of adequate services but not including buildings.

Estimated Value: The estimated valuation of a residential or commercial improvement determined by the most current Building Valuation Data Table compiled and printed by the Southern Building Code Congress.

Estimated Value, Accessory Areas: The estimated valuation of a residential accessory area determined by multiplying the number of square feet in the proposed improvement times the amount of fourteen dollars ($14.00) per square foot.

Event Center: A building used for recreational, social, educational, and cultural activities, available for use by the public for a fee, owned and operated by a private entity. A commercial kitchen may be located within the building for the purpose of warming and serving food to the event guest only. An event center is not permitted to establish a menu and prepare food for on-site consumption or carry-out.

Exterior: All outside surfaces of any building or structure.

False Alarm: The activation of an alarm system signal or message which elicits notification to and/or response by the police, fire or emergency medical services when there is no evidence of a crime, fire, medical emergency or other activity that warrants a call for immediate police, firefighting or emergency medical assistance. This may include, but is not limited to, an alarm discovered by a police officer or firefighter before notification or an alarm from a monitor or from a local alarm system that is not monitored.

Family: An individual, or two (2) or more persons related by blood, marriage or adoption, or group of not more than five (5) persons who need not be related by blood, marriage or adoption living together as a single housekeeping unit in a dwelling unit (distinguished from a group occupying a boardinghouse, fraternity house, lodging house, hotel or similar living styles).

Family Day Care Home: An occupied residence in which child care is regularly provided for children and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children:

(A)

A family day care home may care for a maximum of five preschool children from more than one unrelated family and a maximum of five elementary school siblings of the preschool children in care after school hours. The maximum number of five preschool children includes preschool children in the home and preschool children received for day care who are not related to the resident caregiver. The total number of children in the home may not exceed ten under this paragraph.

(B)

When the home is licensed and provisions are made for substitute care, a family day care home may care for a maximum of five preschool children from more than one unrelated family, a maximum of three elementary school siblings of the preschool children in care after school hours, and a maximum of two elementary school children unrelated to the preschool children in care after school hours. The maximum number of five preschool children includes preschool children in the home and preschool children received for day care who are not related to the resident caregiver. The total number of children in the home may not exceed ten under this paragraph.

(C)

When the home is licensed and provisions are made for substitute care, a family day care home may care for a maximum number of seven elementary school children from more than one unrelated family in care after school hours. Preschool children shall not be in care in the home. The total number of elementary school children in the home may not exceed seven under this paragraph.

Final Development Order: Construction plan approval for subdivision improvements, construction plan approval for other types of development requiring site and development plans, or building permits.

Final Master Plan: The specific plan for the development of a Planned Development.

Final Plat: Those submittals as required by, and following the procedures of these regulations, showing all building lots, easements, rights-of-way, and other information necessary for providing the detailed description of the subdivision of a parcel of land.

Fire-Wall: A fire-resistive wall, having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof.

Flashing Sign: Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Automatic changing signs such as time and temperature or public service item signs are not considered as flashing signs.

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas with:

(A)

The overflow of inland or tidal waters, or

(B)

The unusual and rapid accumulation or runoff of surface waters from any source.

100-year Flood: The flood flow or stage of the magnitude, which has a one percent (1%) chance of being equaled or exceeded during any one (1) given year.

100-year Floodplain: That area inundated as a result of runoff from a one-hundred (100) year flood.

Flood Hazard Boundary Map (FHBM): An official map of a community, issued by the federal emergency management agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

Flood Insurance Rate Map (FIRM): An official map of a community, on which the federal emergency management agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood Insurance Study: The official report provided by the federal emergency management agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

Floodplain: That area inundated as a result of runoff from a storm with a defined probability of occurrence in any year (e.g., the one percent probability of occurrence floodplain is the one-hundred (100) year floodplain).

Flood Proofing: Construction of works, which protect an area or structure from being flooded for a particular flood event.

Floodway: The permanent channel of a stream or other watercourse, plus any adjacent floodplain areas that must be kept free of any encroachment in order to discharge the one-hundred (100) year flood without cumulatively increasing the water surface elevation more than a designated amount (not to exceed one foot except as otherwise established by the Water Management District or established by a Flood Insurance Rate Study conducted by the Federal Emergency Management Agency (FEMA).

Flood Zone: All areas within the one-hundred (100) year floor elevation as determined by FEMA/FIA and the boundary verified by site specific field topographic surveys.

Floor: The top of the lower inside surface of an enclosed area in a building, including the basement, (e.g., the top of slab in concrete slab construction or top of wood flooring in wood frame construction). The term does not include the floor of a garage used solely for parking vehicles.

Floor Area Ratio: Determined by dividing the gross floor area of all buildings on a lot by the gross area of that lot.

FLUCCS:Florida Land Use, Cover, and Forms Classification System, published by the Florida Depart of Transportation.

Forced Connection: A utility connection for an existing building or structure to the City of Tavares water or wastewater utility system, or both, that is mandated law or by an order of the Lake County Commission, the Florida Department of Environmental Protection, the Florida Department of Health and Rehabilitative Services, the St. John's River Water Management District, or any other federal, state or local agency. "Forced Connection" shall also include any utility connection to the City of Tavares water or wastewater utility system that occurs as a result of the City's acquisition of an existing private utility company.

Forest Crops: Any group of trees that are of proper species and sufficient density, size, and number to make them marketable for sale as wood products (e.g., furniture, lumber, paper, chips, pallets, boxes, and lighter wood).

Frontage: The length of the front property line of the lot, lots, or tract of land abutting a public street, road, highway, or rural right-of-way.

Full Median Opening: An opening in a raised median that allows all turning movements from the roadway and the intersecting road or access connection.

Functional Area (intersection): That area beyond the physical intersection that comprises decision and maneuver distance, plus any required vehicle storage length, and is protected through corner clearance standards and driveway spacing standards.

Functionally Dependent Facility: A facility, which cannot be used for its intended purpose unless it is located or carried out in close proximity to water. Such facilities include, but are not limited to, docking or port facilities necessary for, the loading and unloading of cargo or passengers, shipbuilding, shop repair, or seafood processing. The term does not include long-term storage, manufacture, sales, or service facilities.

Funeral Homes: Undertaking and funeral services involving the care and preparation of humans deceased prior to burial excluding cremators and crematory operations.

Game Commission: Biologist with the Office of Environmental Services, Punta Gorda, Florida Game and Fresh Water Fish Commission, or its successor.

Garage Apartment: An accessory or subordinate single dwelling unit, not a part of or attached to the principal dwelling unit.

Garage, Mechanical: A building or portion thereof, other than a private garage or service station, designed or used for repairing.

Garage, Private: An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is an accessory.

Garage, Public: A building, or portion thereof, other than a private garage designed or used for equipping, servicing, repairing, hiring, selling or storing of motor driven vehicles, but not including the storage of wrecked or junked vehicles.

Garbage: Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.

Government Facility: A building or structure owned and operated by a governmental agency to provide a governmental service to the public.

Grab sample: A sample which is taken from a waste stream on a one-time basis, with no regard to the flow in the waste stream and without consideration of time.

Grade: A reference plane representing the average of finished ground level adjoining the building at all exterior walls.

Gross Acre: The total area of a site. Does not include natural water-bodies.

Gross Floor Area (GFA): The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. The term gross floor area shall include basements; elevator shafts; stairwells at each story; floor space used for mechanical equipment with structural headroom of six feet six inches or more; penthouses; attic space whether or not a floor has actually been laid, providing structural headroom of six feet six inches or more; interior balconies; mezzanines.

Ground Sign: A sign that is supported by one or more columns, upright poles, or braces extended from the ground or from an object on the ground, or that is erected on the ground, where no part of the sign is attached to any part of a building whose base or means of support is concealed or enclosed.

Group Home for the Handicapped: (See also family) A dwelling shared by four or more handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential.

As used herein, the term "handicapped" shall mean having:

(A)

A physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently;

(B)

A record of having such an impairment; or

(C)

Being regarded as having such an impairment. However, "handicapped" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the handicapped" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.

Ground Water: Water beneath the surface of the ground whether or not flowing through known and definite channels.

Guest Apartment: An accessory or subordinate single dwelling unit, not a part of or attached to the principal dwelling unit.

Harmful to Minors: With regard to sign content, any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it:

(A)

Predominately appeals to the prurient, shameful, or morbid interest of minors in sex, and

(B)

Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors, and

(C)

Taken as a whole, lacks serious literary, artistic, political, or scientific value.

The term "harmful to minors" shall also include any non-erotic word or picture when it:

(1)

Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable for viewing by minors, and

(2)

Taken as a whole, lacks serious literary, artistic, political, or scientific value.

Highest Adjacent Grade: The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Historic District: A geographically defined area possessing a significant concentration or continuity of landmarks, improvements, or landscape features united by historic events or by physical development, and which are has been designated as an historic landmark district; said district may have within its boundaries noncontributing buildings or other structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual character of the district.

Historic Site: Any site, building, structure, feature or improvement, which has been designated as a "historic site" in accordance with Florida Statutes Chapter 167.

Historic Preservation Board: Designed to identify, research and document buildings, sites and structures of any historic, cultural, architectural or landmark importance in Tavares, Florida. The Board may compile said survey in cooperation with state and local public and non-profit historic preservation organizations to prevent a duplication of effort.

Holding Tank Waste: Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

Home Occupation: A home occupation is an activity for profit carried on in the main structure (residence or in accessory or other permitted outbuildings; requiring only customary home equipment; involving the employment of no nonresident help; is clearly incidental and subordinate to the residential use and under no circumstances changes the residential character of the property or dwelling.

Homeowners Association Business Office: An office located within the confines of a platted subdivision and operated by a homeowners association for the purposes of maintaining relations with the residents; collection of maintenance fees; directing maintenance of amenities and common property; interpretation and enforcement of deed restrictions; and all other uses directly relating to the homeowners association.

Hotel: A structure designed, used or offered for residential occupancy for the usually temporary abiding place of individuals who are lodged with or without meals, including motor courts and motels.

Hydrograph: A graph of discharge versus time for a selected pint in the drainage system.

Hydrologic Response: The manner and means by which stormwater collects upon real property and is conveyed from real property, and which is a function dependent upon a number of interacting factors, including, but not limited to, topography, vegetation, surficial geologic conditions, antecedent soil moisture conditions and groundwater conditions. The principal measures of the hydrologic system may be stated in terms of total runoff volume, as a percentage of total precipitation which runs off, or in terms of the peak rate of flow generated in the event of a storm of given duration and intensity, or statistical interval of return (frequency).

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

Impervious Areas: Those hard-surfaced areas which either prevent or retard the entry of water into the soil mantle, as it entered under natural conditions prior to development, and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly impact the natural infiltration or runoff patterns which existed prior to development, including normal water in ponds and lakes.

Impervious surface: A surface, which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces.

Improvement:

(A)

Any building, structure, fence, gate, wall, walkway, parking facility, light fixture, bench, foundation, sign, work of art, earthworks, sidewalk, or other man-made objects constituting a physical change or betterment of real property, or any part or portion of said change or betterment.

(B)

Physical changes made to raw land, and structures placed on or under the land surface, in order to make the land more usable. Typical improvements in these regulations would be grading, street, pavement, curbs, gutters, drainage ditches, storm and sanitary sewers, utility lines of all types, street name signs, etc.

Impulsive Sound: Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

Incompatible Pollutant: All pollutants other than compatible pollutants. Specifically, it means any pollutant other than BOD, suspended solids, pH, and fecal coliform bacteria or additional pollutants identified in the NPDES permit or state permit to discharge, which the sewage treatment plant and facilities were not designed to treat and do not remove to a substantial degree.

Indigenous Tree: A tree that is native to or grows and lives naturally in a particular region.

Indirect Discharge: The discharge or the introduction of pollutants from any source regulated under Section 307(b) or Section 307(c) of the act into the City wastewater system.

Industrial Sewage: All liquid wastes and sewage, excluding domestic wastewater, and includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operations from which the wastewater discharged includes wastes of non-human origin, and is not otherwise classified as domestic sewage.

Industrial User: A source of indirect discharge of industrial sewage which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the act.

Intensity: The depth of accumulated rainfall per unit of time.

Interference: The inhibition or disruption of the POTW treatment processes or operations which is the cause of and significantly contributes to a violation of any requirement of the City's NPDES permits.

The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 05 of the act or any criteria, guidelines, or regulations developed pursuant to the solid waste disposal act (SWDA), the clean air act, the toxic substances control act, or more stringent state or local criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of the SWDA) applicable to the meted of disposal or use employed by the POTW.

Island (roadway): An area within the roadway not for vehicular movement, which is designed to control and direct specific movements of traffic and which may be defined by paint, raised bars, curbs, or other devices.

Joint Access (or shared access): A driveway connecting two or more contiguous sites to the public street system.

Kennel: A place where dogs and other small animals and house pets are kept, sheltered, boarded, bred, or groomed for compensation.

Kennel, Private: Any building or buildings or land designed or arranged for the care of dogs and cats belonging to the owner of the principal use, kept for purposes of show, hunting, or as pets.

Land Owner: The legal or beneficial owner or owners of all of the land proposed to be included in a development; the holder of an option or a contract to purchase; or a person having possessory rights or equal dignity will be deemed to be a land owner for the purpose of this Regulation, so long as the written consent to the development of the owners of all other interest in the land concerned is obtained.

Land-Locked Area: An area which does not discharge runoff from the ten (10) year, twenty-four (24) hour storm event.

Land Surveyor: A land surveyor registered under Chapter 472 who is in good standing with the Florida State Board of Professional Engineers and Land Surveyors.

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

Landscape Feature: Any improvement or vegetation including, but not limited to: outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks, planters, planting, gates, street furniture and exterior lighting.

LED Sign: Light Emitting Diode (LED) sign utilizing technology of diodes arranged in pixels to create messages changeable by electronic means. Said signs are sometimes referred to as electronic message centers and shall include other similar signs such as liquid crystal display signs, fiber optic signs, plasma display screen signs, incandescent signs, time-temperature-date-signs or any other such sign using similar technologies.

Level Of Service: An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility.

Life Care Facility: (See also congregate housing). A facility for the transitional residency of elderly and/or disabled persons, progressing from independent living in single-family units to congregate apartment living where residents share common meals and culminating in a full health and continuing care nursing home facility.

Link (Traffic): A section of a roadway network defined by a node at each end.

Liquor: All spirituous beverages created by distillation and by mixture of distilled beverages by the process commonly called blending.

Listed Species: Any animal species (vertebrate indicated as endangered, threatened, or species of special concern as found in the "Official Lists of Endangered and Potentially Endangered Fauna and Flora of Florida,"Florida Game and Fresh Water Fish Commission, which is attached as Exhibit A, as amended from time to time by the Florida Game and Fresh Water Fish Commission.

Livestock: Includes all animals of the equine, bovine, or swine class, including, but not limited to, goats, sheep, mules, horses, hogs, cattle, and other grazing animals.

Living Area, Dwelling Unit: The habitable area, calculated by using inside measurements, within a dwelling unit, which is completely enclosed by masonry, wood or glass. Garages, carports, utility rooms and unenclosed porches are excluded from the living area.

Loading Space, Off-Street: Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking.

Local Enforcement Agency: The local building official, department or agency established and authorized to administer and enforce the provisions of applicable plumbing codes and amendments thereto.

Local Register of Historic Places: A listing and a means by which to identify, classify and recognize various archaeological sites, buildings, structures, improvement, districts and appurtenances as historically and/or architecturally significant.

Lot: A parcel of land occupied by or suitable for occupancy by a main building or use, with accessory buildings, including the open spaces required by these regulations, and having frontage on a public street or highway. The word lot includes the words plot, tract and parcel.

Lot, Corner: A lot abutting on and at the intersection of two or more streets or street row.

Lot Coverage: The percentage of a lot that is covered by all principal structure and accessory structures on the lot.

Lot, Depth: The horizontal distance between the front and rear lot lines measured at points on the front and rear lot lines which are midway between the side lot lines.

Lot, Double-Frontage: A lot having two (2) or more of its non-adjoining property lines abutting upon a street or streets, not including alleys.

Lot, Flag: Lots or parcels that the City has approved with less frontage on a public street than is normally required. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normally required street frontage.

Lot Frontage: The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, setbacks for side yards of corner lots which face the same street as an adjacent interior lot shall be at least one-half (½) of the front yard required for the house on the adjacent interior lot. In no case shall the setback be less than twelve-and-one-half feet (12½'), except in manufactured home subdivisions plat prior to October 7, 1987 where said corner lot side yard setback shall not be less than ten feet (10').

Lot, Interior: Any lot other than a corner lot.

Lot Line: A line marking a boundary of a lot.

Lot of Record: A lot which is part of a subdivision or the plat of the City, the map of which has been recorded in the Office of the Clerk of the Circuit Court of Lake County. Lots of record used for single- family residential purposes only shall not be subject to the maximum density limitations set forth in each zoning classification.

Lot Splits: Lot splits could occur when only two (2) lots are created from a larger parcel; each proposed lot must conform to the requirements of these Regulations; each lot shall front entirely on a publicly maintained road and conform to the required minimum lot dimensions for the land use district where the lots are located; if any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in these regulations, the owner shall be required to dedicate the required right-of-way necessary to meet the minimum design standards. Upon approval of the lot split, the developer shall provide the City a certified survey of the newly created lots. Also language will be included which allows the City to approve the lot split, as defined above, and the information to be supplied by the applicant would include an application, three (3) plans, a statement indicating whether water or sewer is available to the property, an appropriate fee, legal descriptions, acreage and the proposed square footage of the lots being created. This information should be supplied to the City after it has been prepared by a professional land surveyor registered with the State of Florida. A restriction shall be provided in which once a lot split has occurred on an original lot, any further division of that lot is not permitted unless a subdivision plan is processed and followed.

Lot Width: The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Maintenance: The action taken to restore or preserve the as-built functional design of any facility or system.

Management: A series of techniques applied to maintain the viability of species in a location. These techniques include, but are not limited to controlled burning, planting or removal of vegetation, exotic species control, maintaining hydrologic regimes, and monitoring.

Management Plan: A plan prepared to address conversation and management of listed species and their habitat, which is approved by the Administrator, following recommendations from the Game Commission.

Manufactured Home: A dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, is built on a permanent chassis but not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site and which does not have wheels or axles permanently attached to its body or frame, with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards. Manufactured housing may be permitted in residential manufactured housing subdivisions and residential mobile home parks (see also Residential Design Manufactured Homes) or as a special use within the I-Industrial zoning district.

Manufactured Home Subdivision: A standard subdivision in all respects except that, for residential purposes, only manufactured homes may be located in a manufactured home subdivision. (Lots are individually owned, not rented as in a mobile home park.)

Marquee: A permanent, roof-like structure supported by a building, generally designed and constructed to provide protection from weather, which extends beyond the building line or property line and fully or partially covers a sidewalk, public entrance or other pedestrian way.

Mass Emission Rate: The weight of material discharged by the City wastewater system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of the particular constituent or combination of constituents.

Maximum Concentration: The maximum permissible amount of a specified pollutant in a volume of water or wastewater.

Mean Sea Level: The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the flood plain. For purposes of these regulations, the term is synonymous with National Geodetic Vertical Datum (NGVD).

Median: That portion of a roadway separating the opposing traffic flows. Medians can be depressed, raised or flush.

Medical Marijuana Dispensary: A facility that is operated by an organization or business holding all necessary licenses and permits from which marijuana, cannabis, cannabis-based products or cannabis plant(s) are delivered, purchased, possessed or dispensed for medical purposes and operated in accordance with all local and state laws. A medical marijuana dispensary, as defined by this ordinance, shall not include the growing or cultivation of the cannabis plant.

Minor Deviation: A modification to a development order or an administrative permit that has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

Minor Site Plan: Any development of property for commercial, industrial or multiple-family uses which has all of the following:

(A)

Only two (2) means of ingress and egress with either two (2) separate ingress and egress points or one (1) separate means of ingress and one (1) separate means of egress.

(B)

Is not adjacent to, abutting, or contiguous with, any district which is dissimilarly zoned.

(C)

Does not require approval of any stormwater facility, or permit from any environmental regulatory agency or governmental agency other than the City of Tavares.

(D)

Does not provide for the construction of a structure and/or impervious surface which is greater than has more than five thousand square feet (5,000') of floor space under roof.

Mitigation Park: Area acquired with the expressed purpose of mitigating impacts of land development on listed species.

Mobile Home: A transportable structure designed to be used as a year-round residential dwelling, built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards, which became effective for all manufactured home construction on June 15, 1976. A structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway. The definition applies whether such structure has such wheels attached or is jacked up or is skirted. (For purposes of this chapter, mobile homes are not included in the categories of single or multiple-family dwellings. Mobile homes my be located within the City only in the mobile home parks and mobile home subdivisions zoning districts or as a special use within the I-Industrial zoning district for residential purposes. They may also be located, not for residential purposes, on mobile home sales lots, including offices for such sales lots in permitted commercial and industrial districts.)

Mobile Home Park: An area in which mobile homes are located on lots rented from the owners of the area. It also means an area in which mobile homes are located on lots which may be individually owned or owned by individuals as a part of a group, e.g. as a share of an origination, and where all mobile home owners within the area are administered by corporate management. A mobile home park within the City shall consist of a minimum of twenty-five (25) lots.

Mobile Home Space: A plot of ground within a mobile home park designed for the accommodation of one (1) mobile home space.

Mobile Homes Temporarily on Display on Sales Lots: A mobile home built on wheels, or blocked for display; not located upon any type of permanent foundation; not connected to any utility other than temporary electric, A/C or heat; and temporarily located with or without skirting for display purposes only; upon a licensed mobile home sales lot.

Modular Home: A dwelling unit constructed in accordance with the standards set forth in the Standard Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a mobile home (except that the modular home meets the Standard Building Code) or a series of panels or room sections transported on a truck erected or joined together on the site.

Motel: A building or a group of buildings containing sleeping accommodations or efficiency units in which transient guests are lodged. (For the purposes of this ordinance, hotel and motel shall have the same meaning.)

Motor Home: A portable temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle.

Multiple-Dwelling Unit: A building or facility consisting of more than one (1) dwelling unit, each such unit consisting of one (1) or more rooms with bathroom and kitchen facilities designed for occupancy by one (1) family.

Multiple Occupancy Complex: A commercial use, i.e. any use other than residential or agricultural, consisting of a parcel of property, or parcel of contiguous properties, existing as a unified or coordinated project, with a building or buildings housing more than one occupant.

National Categorical Pretreatment Standard or Pretreatment Standard: Any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307(b) and Section 307(c) of the act which applies to a specific category of industrial users.

National Geodetic Vertical Datum (NGVD), as corrected in 1929: is a vertical control used as a reference for establishing varying elevations within the flood plain.

National Pollution Discharge Elimination System Permit or NPDES Permit: A permit issued pursuant to Section 402 of the act.

National Prohibition Discharge Standard or Prohibited Discharge Standard: Any regulation developed under the authority of Section 307(b) of the act and Title 40 CFR, Section 403.5.

National Register of Historic Places: A federal listing maintained by the U.S. Department of the Interior of Building, Structures and Districts, that have attained a quality of significance as determined by the Historic Preservation Act of 1966, as amended.

Natural Outlet: Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

New Building: Refers to any proposed construction for which plumbing fixtures are required and for which a valid building permit has not been issued, prior to the effective date of this Ordinance.

New Construction: Structures for which the start of construction commenced on or after the effective date of the ordinance from which this chapter was derived.

New Source: Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (Title 33 USC, Section 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated in accordance with Section 306(a)(2))Title 33 USC, Section 1316(a)(2).

Non-Commercial Signs: Any sign that addresses issues of public concern and does not advertise any activities being conducted for profit or private gain, nor solicits contributions of any kind.

Non-Conforming:

(A)

Lot: A lot existing at the September 3, 1992 (and not created for the purposes of evading the restrictions of this Chapter) that does not meet the minimum area requirement of the district in which the lot is located.

(B)

Structure: Existing improvements which do not meet required parking and loading regulations, height regulations, area regulations, etc. for the district in which they are located.

(C)

Use: Any building or land lawfully occupied by a use as of September 3, 1992 that does not conform with the use regulations of the district or designated land use by the City of Tavares Comprehensive Plan.

Non-Conforming Sign: A sign in existence at the time of adoption of these regulations, which fails to conform to all applicable regulations and restrictions of this chapter.

Non-Contributing Building: A building within a historic district which does not add to a historic district's sense of time and place and historical development; or a building where the location, design, setting, materials, workmanship, and association have been so changed, or have so deteriorated that the overall integrity of the building has been irretrievably lost.

Non-Preferred Trees Nuisance and Exotic Plants: All types of trees set forth in Section 11-5(E) of these regulations, as amended from time to time by resolution of the City Council.

Non-Residential Subdivision: A subdivision whose intended use is other than residential, such as, commercial or industrial. Such subdivision shall comply with the applicable provisions of these Regulations.

Nonresidential Unit: Any building, structure or facility used other than as a dwelling unit or single-family unit.

Normal High Water Elevation: The landward edge of any natural surface water body during normal hydrological conditions.

Normal Range of Water Level Fluctuation: The fluctuating water surface changes between the normal low water and the normal high water of the wetland system so as to prevent the desiccation or over-impoundment.

Nursing Home: A home for the aged, chronically ill, or incurable persons in which three (3) or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Occupancy: The purpose for which a building, or part thereof, is used or intended to be used.

Occupied Habitat: Property, which provides critical habitat to a listed species.

Office, Business: An office for activities such as real estate, advertising, insurance, travel agency, ticket sales, abstract and title companies, insurance, etc. Retail or wholesale goods are not shown to or delivered from the premises to a customer. A beauty or barber shop is not a business office.

Office, Professional: An office for the use of architects, engineers, attorneys, accountants, physicians, lawyers, dentists, etc. Professional offices generally offer personal or consultant services.

Off-Site Sign: A sign, either attached to a building or other structure located on real property, which is not appurtenant to the use of the real property where the sign is located or which does not advertise a service offered at the location where the sign is placed or which does not identify a business located where the sign is placed as a purveyor of the merchandise or services advertised on the sign. The term "Off-Site Sign" includes, but is not limited to, signs commonly known as billboards.

Off-Street Parking Facility: A lot or parcel of land or structure designed, constructed, or utilized for the temporary storage or parking of motor vehicles.

On-Site Sign: A sign that identifies or advertises only goods, services, facilities, events or attractions available on the premises where the sign is located.

Open Channel: A canal, ditch, or swale used to safely convey stormwater runoff.

Open Drainageway: A natural or manmade open cut which has the specific function of transmitting natural stream water or storm runoff water from a point of higher elevation to a point of lower elevation, such as swales, ditches, canals, streams and creeks.

Open Space: An exterior ground level area open to the sky and devoid of any structures, buildings, parking, loading or other vehicular use areas which is specifically set aside, dedicated or designated or reserved for public or private use. Open space includes golf courses, parks, passive recreation areas, landscaped areas, natural floodways, wetlands, conservation and preservation areas, non-fenced stormwater retention areas and non-activity based, non-man made lakes wholly within the property. Open space does not include rights-of-way, above-ground utilities or any side, front or rear setback area.

Ordinary Maintenance or Repair: Any work for which a building permit is not required by law, where the purpose and effect of such work is to correct any physical deterioration or damage of an improvement, or any part thereof by restoring it, as nearly as practical, to its appearance prior to the occurrence of such deterioration or damage.

Outparcel: A lot adjacent to a roadway that interrupts the frontage of another lot.

Overload: The imposition of any constituent or hydraulic loading on any treatment, collection, transmission or effluent disposal facilities which are a part of the City wastewater system in excess of such facility's designed or legally authorized capacity.

Owner: The person whom is vested the fee, ownership, dominion, or title of property (i.e., the proprietor). This term may also include a tenant, if chargeable under his lease for the maintenance of the property, and any agent of the owner or tenant including a developer.

Parcel or Parcel of Land: A contiguous quantity of land in possession of, owned by, or recorded as property of the same claimant person in the Public Records of Lake County, Florida, as of September 3, 1992.

Partition: An interior wall, other than folding or portable, that subdivides spaces within any story, attic or basement of a building.

Pass Through: The discharge of pollutants through the POTW or any other portion of the City wastewater system into waters of the state or nation in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of any NPDES permit or DER permit issued for and applicable to the City wastewater system, including an increase in the magnitude or duration of a violation of any contract, resolution, law, rule, regulation, permit, or approval applicable to the industrial, commercial, or agricultural reuse of reclaimed water.

Peak Rate or Flow: The highest instantaneous rate of stormwater runoff, measured or estimated in cubic feet of water per second. It is differentiated from total flow volume by the introduction of a unit of time measure during which the maximum rate of flow is measured, calculated, or estimated.

Performance Guarantee: Any security, which may be accepted in lieu of a requirement that certain improvements be made before the city council approves a plat, which may only include performance bonds or escrow agreements funded by cash or certified funds.

Permanent: Designed, constructed and intended for more than short-term use.

Permit: An official document or certificate issued by the authority having jurisdiction authorizing performance of a specified activity.

Permittee: Any person who has been granted approval to proceed with a project.

Person: Any and all persons, natural or artificial, and includes any individual, firm, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

pH: A symbol for expressing the degree of acidity or alkalinity, meaning the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

Plainly Audible Sound: Any sound for which the information content of that sound is communicated to the listener, such as, but not limited to, understandable spoken speech or comprehensible musical rhythms.

Plan, Final Subdivision: Includes the plat to be recorded; final engineering plans, specifications and calculations; certification of improvements, as-built drawings, or performance guarantee; and other required certifications, bonds, agreements, approvals, and materials for a development phase or the entirety of a parcel of land, meeting the requirements of the Zoning Regulations and the Land Development Regulations.

Plan, Preliminary Subdivision: Includes the site plan; location map or aerial photographic overlay; preliminary engineering plans, specifications and calculations; and other necessary materials for a development phase or the entirety, meeting the requirements of the Zoning Regulations and Land Development Regulations.

Plan, Site and Development: Includes the site plan, statements of use and unified control, preliminary and/or final engineering plans, specification and calculations; and other required certifications, as-built drawings, performance guarantees, bonds, agreements, approvals and materials for a development phase or the entirety, meeting the requirements of the Zoning Regulations and Land Development Regulations.

Planned Unit Development: An area of land devoted by its owner to development as a single entity for a number of dwelling units and/or other uses in accordance with a plan which does not necessarily comply with the provisions of other zoning districts with respect to lot size, lot coverage, setbacks, off-street parking, bulk or type of dwelling, density, and other restrictions.

Plat:

(A)

The map of a subdivision or, if the subdivision is a condominium or cooperative, it shall mean those declarations required by F.S. Chapters 718 and 719.

(B)

A map or delineated representative of the subdivision of lands, being a complete, exact representation of the subdivision and other information in compliance with the requirement of all applicable statutes and of local ordinances, and may include the terms "replat," "amended," or "revised plat."

Pole Sign: A sign supported by poles, uprights or braces which are not enclosed in a concealed base but are permanently placed on or in the ground and wholly independent of any building or support. This definition should not be construed to mean monopole style off-site signs.

Political Sign: Any temporary sign, which publicizes any political candidate, party, referendum, or election.

Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.

Pollution: The manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

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

Positive Outlet: A gravity discharge from a basin via overland flow, artificial waterway, natural waterway, or pipe.

Post-Development: To the average conditions as of the completion of the development for which a permit has been applied.

Potable Water: Water, which is satisfactory for drinking, culinary, and domestic purposes and which meets the quality standards of the Florida Department of Environmental Regulation.

POTW Treatment Plant: That portion of a POTW designed to provide treatment to wastewater. (See definition of publicly owned treatment works.)

Preferred Trees Approved Species: All trees plants native to Florida according to the Guide to the Vascular Plants of Central Florida by Richard P. Wunderlin and the St. Johns River Water Management Districts Xeriscape Guide, including, but not limited to the types of trees set forth in Section 11-5(C) of these regulations, as amended from time to time by resolution of the City Council.

Preliminary subdivision plan: The preliminary map indicating the proposed layout of the subdivision which is submitted for the city administrator's consideration and tentative approval and meeting the requirements of the section relating to preliminary development plans.

Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or by other means, except as prohibited by Title 40 CFR, Section 403.6(d).

Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

Private Sewage Disposal System: A sewage collecting, treating, and disposal facility installed, maintained and owned by persons other than the City and not connected to the public sewer.

Private Street or Roadway: Any thoroughfare used commonly for vehicular traffic which is not included in the definition of street in this chapter and which is not subject to maintenance by the city; such definition to include but not be limited to roadways in apartment, condominium or office complexes.

Professional Engineer: The State of Florida Registered Professional Engineer of record for the project under consideration.

Prohibited Uses: Those land uses that are specifically forbidden in a particular zoning district.

Project: The particular structures and improvements proposed by the applicant on a particular land area, which are part of a common plan of development.

Project Site: The immediate area of a project within the perimeter boundaries of a lot, parcel or tract under development.

Properly Shredded Garbage: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension. The installation and operation of any garbage grinder equipped with a motor three-fourths horsepower or greater shall be subject to the review and approval of the City.

Property: The land, which is subject of the specific development application.

Public Facilities: Major capital improvements including transportation, sanitary sewer, solid waste, drainage, potable water, parks and recreational facilities and services.

Public Nuisance Noise: Any sound which:

(A)

Endangers or injures the safety or health of humans or animals;

(B)

Unduly disrupts or disturbs the quiet enjoyment of a reasonable person of normal sensitivities residing in the area; or

(C)

Is sufficient to annoy and disturb the occupants of premises other than those premises from which the noise is emanating to the extent that it renders the ordinary use of the other premises physically uncomfortable.

Public Space: A legal open space on the premises, accessible to a public way or street, such as yards, courts or open spaces permanently devoted to public use, which abuts the premises.

Public Sewer: A sanitary sewer, other than a building sewer, that is owned and/or controlled by the City.

Public Utility: Any publicly or privately operated utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, or telephone lines, whether underground or overhead.

Publicly Owned Treatment Works (POTW): A treatment works as defined by Section 212 of the act, which is owned in this instance by the City. This definition includes any sewers, effluent transmission and disposal facilities, that convey wastewater to a POTW treatment plant or convey effluent from a POTW treatment plant, but does not include pipes, sewer or other conveyances not connected to a facility providing treatment. For purposes of this article, POTW shall also include any sewers that convey sewage or wastewaters to the POTW from persons who are, by contract or agreement with the City, users of the City's various POTWs.

Raised Median: A physical barrier in the roadway that separates traffic traveling in opposite directions, such as a concrete barrier or landscaped island.

Rate: Volume per unit of time.

Reader Board: A sign designed to accommodate changeable copy including, but not limited to, individual letters and numbers that can be removed and replaced by hand. Electronic message centers are not considered part of this definition.

Real Estate Office: A commercial office used primarily for the solicitation of sales or rental of real property.

Real Estate Sign: Any sign, which is used to offer for sale, lease or rent, the property upon which the sign is placed.

Real Property Boundary: An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person. When applied to a structure or structures with various tenants and which are located on premises under a common ownership, "real property boundary" shall refer to the physical boundaries of the spaces occupied by the distinct tenants. Or example the walls of the various units in an apartment complex would constitute real property boundaries hereunder.

Reasonable Access: The minimum number of access connections, direct or indirect, necessary to provide safe access to and from a road.

Receiving Waters or Water-Bodies: Any water-bodies, watercourses, and wetlands into which surface waters flow.

Recharge: The inflow of water into an aquifer which meets state aquifer and water quality requirements contained in Chapters 17-3 and 17-4, Florida Administrative Code.

Reclaimed Water: Water or treated wastewater which, as a result of treatment of wastes, is suitable for direct beneficial uses or a controlled use by public, agricultural, commercial, residential, industrial, or institutional projects or development that would not occur otherwise.

Re-establish: The re-growth of shoreline vegetation, where the average growth height is more than 14 inches above the shore or water surface, as appropriate.

Refuse: All putrescible and non-putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

Repair: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

Residential Cluster: An area developed and maintained as a single entity according to a plan, containing dwelling units which have a common or public open space as an appurtenance.

Residential Design Manufactured Homes:

(A)

Intent. It is the intent of this regulation to encourage the provision of affordable housing in a general residential environment by permitting the use of residential design manufactured housing, RDMH as defined herein, in residential districts in which similar dwellings constructed on the site are permitted, subject to the requirements and procedures set forth herein to assure such residential designed manufactured housing and dwellings which have been constructed under these and other lawful regulations on adjacent lots in the same district.

Manufactured homes approved as RDMH, either individually or by specific model, shall be permitted in residential districts in which similar residential occupancy is permitted, subject to requirements and limitations applying generally to such residential use in the districts, including minimum lot, yard and building spacing, percentage of lot coverage, off-street parking requirements and approved foundations as described herein.

(B)

Requirements. Standards for determination of similarity in exterior appearance, RDMH. The following standards shall be used in determinations of similarity in appearance between RDMH homes, with foundations approved as provided in this subsection, and compatible in appearance with site built housing which has been constructed in adjacent or nearby locations.

(1)

Minimum width of main body. Minimum width of the main body of the RDMH as located on the site shall not be less than twenty feet, as measured across the narrowest portion. This is not intended to prohibit the offsetting of portions of the home.

(2)

Minimum roof pitch, minimum roof overhang; roofing materials. Minimum pitch of the main roof shall be not less than one foot to rise for each 4 feet of horizontal run and minimum roof overhang shall be one foot. In cases where site built housing generally has been constructed in adjacent or nearby locations with roof pitches less than 1:4 and/or roof overhangs are less than one foot, then the RDMH may have less roof pitch and overhang similar to the site built houses. In general any roofing material, other than a built up composition roof, may be used which is generally used for site built houses in adjacent or nearby locations.

(3)

Exterior finish; light reflection. Any material may be used for exterior finish which is generally acceptable for site built housing which has been constructed in adjacent or nearby locations, provided however that reflection for such exterior shall not be greater than from siding coated with clean white gloss exterior enamel.

(4)

Approved foundations required in residential districts. Where approval of homes or model plans does not also include approval of type of foundation, no RDMH shall be placed or occupied for residential use on a site in a residential district until such foundation plans have been submitted to and approved by the Administrative Official as to the appearance and durability of the proposed foundation and being acceptable similar or compatible in appearance to foundations of residences built on adjacent or nearby sites.

(5)

Site orientation of the manufactured home. RDMH shall be placed on lots in such a manner as to be compatible with and reasonably similar in orientation to the site built housing which has been constructed in adjacent or nearby locations.

(6)

Garages, carports. In residential neighborhoods where adjacent to nearby site built homes includes garages and/or carports, a RDMH shall be required to be provided with a garage and/or carport compatible with the RDMH and the site build garages and/or carports constructed in adjacent or nearby locations.

Restaurant: An establishment where food is ordered from a menu, prepared, and served for pay primarily for consumption on the premises. The sale of beer, wine and liquor for consumption on premises is incidental to the sale of food. At least fifty percent (50%) of the establishment's gross revenue is derived from the sale of food and non-alcoholic beverages. An establishment that derives greater than fifty percent (50%) of its gross annual revenue from the sale of alcoholic beverages or an establishment with drive-in or drive-thru services is not a restaurant.

Restaurant, Carry-out: This term include delicatessens, sandwich shops, and the like:

(A)

An establishment where food and beverages are prepared and sold primarily for consumption off-premises, where ordering and pickup of food takes place inside the establishment.

(B)

An establishment with drive-in or drive-thru services is not a carryout restaurant.

Restaurant, Fast Food: An establishment where food and non-alcoholic beverages are sold in a form ready for consumption, where ordering and pickup of food may take place either inside the establishment or from an automobile, and where a significant portion of consumption is designed to take place off-premises.

Retention or to Retain: The prevention of, or to prevent, the discharge, directly or indirectly, of a given volume of stormwater runoff into surface water by complete on-site storage.

Right-of-Way (transportation): A strip of land in which the state, a county, or a municipality owns the fee simple title or has an easement dedicated or required for a transportation use.

Riverine Flood Hazard Area: A floodplain area associated with stormwater, rather than tidal, flooding.

Road, Roadway: A way open to travel by the public, including, but not limited to, a street, highway, or alley.

Roadway Classification: A system used to group roadways into classes according to their purpose in moving vehicles and providing access.

Roof Line: A horizontal line intersecting the highest point or points of a roof.

Roof Sign: A sign placed above the roof line of a building or on or against a roof slope of less than forty-five degrees (45°).

Rubbish: Non-putrescible solid wastes (excluding ashes), consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

Sanitary Sewer: A pipe which carries sewage and to which storm, surface and ground admitted.

Screen Room: Any structure, the sides and roof of which are constructed entirely of screen suspended on a metal or wooden framework.

Sediment: Solid material, whether mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by water.

Service Drive: A public street, generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right-of-way, and providing safe and orderly points of access at fairly uniformly spaced intervals.

Service Road: A public or private road, auxiliary to a controlled access facility, that maintains local road continuity and provides access to properties adjacent to a controlled access facility.

Sewage or Wastewater: A combination of water-carried wastes from residences, business buildings, institutions and industrial establishments together with such ground, surface and stormwaters as may be present.

Sewage Disposal System, Individual: A septic tank, seepage tile sewage disposal system, or any other sewage treatment device approved by the County Health Department in accordance with the regulations of the State of Florida and servicing only one lot.

Sewage Treatment Plant: An arrangement of devices and structures used for treating sewage or wastewater.

Sewer: A pipe or conduit for carrying sewage or wastewater.

Sewerage Works: All facilities for collecting, pumping, treating and disposing of sewage.

Shingle Sign: A sign over a show window or door of a store or business establishment announcing only the name of the proprietor and the nature of the business. The sign shall be supported by a bracket or chains substantial enough to withstand the forces of wind and shall not exceed two and one-half square feet (2½') in sign area.

Shopping Center: A group of retail stores, planned and developed for the site upon which they are built, with off-street parking provided on the property.

Shoreline Alteration: For purposes of these regulations, the clearing or removal of shoreline vegetation or any substances or materials (except water) existing at or below the normal high water elevation. This definition shall not be construed as limiting the Council's jurisdiction pursuant to general and special law to regulate and permit other types of shoreline alterations or other activities.

Shoreline Vegetation: Vegetation, which grows or exists at or below the normal high water elevation, and includes terrestrial and aquatic plants, both emergent and non-emergent, associated with wetlands.

Sidewalk: A paved area for general pedestrian use.

Sight Distance: The distance of unobstructed view for the driver of a vehicle, as measured along the normal travel path of a roadway to a specified height above the roadway.

Sight Distance Triangle: The triangular area required on any intersection corner to permit a vehicle operator an unobstructed view of the crossing roadway for a minimum sight distance in either direction.

Sight Triangle: An area of unobstructed sight distance along both approaches of an access connection.

Sign: Any writing, pictorial presentation, number, illustration, or decoration, flag, banner or pennant, or other device which is used to announce, direct attention to, identify, advertise or otherwise make anything known. The term sign shall not be deemed to include the terms "building" or "landscaping" or any architectural embellishment of a building not intended to communicate information.

Sign Area: The area of any regular geometric shape, which contains the entire surface area of a sign upon which copy may be placed.

Sign Face: The part of a sign that is or may be used for copy.

Sign Structure: Any construction used or designed to support a sign.

Significant Industrial User: Any industrial user of the City wastewater system who:

Has a discharge flow of ten thousand gallons (10,000) or more per day during any day during any calendar year; or

Discharges one (1) or more of the federally defined "priority pollutants"; or

Has in its wastes, toxic pollutants as defined pursuant to Section 307 of the Act; or any applicable state or federal rules; or

Is found by the City, the State Department of Environmental Regulation (FDER) or the USEPA to have significant impact, either singly or in combination with other contributing industries, on the system, the quality of sludge, the county-wide system's effluent qualify, or air emissions generated by the City wastewater system.

Silviculture: A process, following accepted forest management principles, whereby forests constituting crops are tended, harvested, and reforested (either by natural and/or artificial reforestation).

Single-Family Unit (SFU): One (1) or more rooms with bathroom and kitchen facilities designed for occupancy by one (1) family such as houses, townhouses, apartment units, duplex units, condominiums, zero lot line, etc., where the units are sold, deeded or leased as single-family units and/or have individual water meters.

Site: Any tract, lot, or parcel of land or combination of tracts, lots, or parcels of land which is in one ownership, or contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or project.

Site Plan: An illustration of the details of development of areas such as commercial, industrial, recreational, multi-family residential and other uses not being platted.

Slug: Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quality of flow exceeds more than five (5) times the average twenty-four hour (24) concentration or quality of flow during normal operation.

Small Development: A project of less than ten (10) acres in land area and less than two (2) acres in impervious area.

Sound: An oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency.

Special Event Signs: Signs, including window signs, grand opening displays and poster signs which are used to advertise a promotional venture such as the opening of a business, closing of a business or special sale.

Special Use: A use that would not be appropriate generally or without restriction throughout a zoning district but which if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning district upon the granting of special use, meeting the requirements of these regulations.

Special Use Permit: A permit issued by the City Council after recommendation of Planning and Zoning Board, that allows certain uses within a zoning district that are not generally permissible throughout the district, but which if controlled as to number, area, location, or relation to the neighborhood, could promote the public health, safety, and welfare.

Stairway: One or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one (1) story to another in a building or structure.

Standard Industrial Classification (SIC): A classification pursuant to the standard industrial classification manual issued by Executive Office of the President, Office of Management and Budget, 1972.

Standard Methods: The current edition of Standard Methods for the Examination of Water and Wastewater, as published or republished from time to time by the American Public Health Association.

Storage: To place or leave in a location for preservation or later use or disposal.

Storm Event: The storm of a specific duration, intensity, and frequency.

Storm Drainage (sometimes termed storm sewer): A sewer, which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Stormwater or Runoff: The flow of water, which results from, and which occurs during and immediately following, a rainfall event.

Stormwater Control System: Any means by which the stormwater runoff is conveyed; the peak flow from developed land surfaces is reduced; the erosion created by stormwater is reduced and/or the water quality of the stormwater runoff is improved.

Stormwater Management Permit: The approved detailed analysis, design, and drawings of the stormwater management system required for all construction.

Stormwater Management System/Facilities: The designed or constructed features of the property, which collect, convey, channel, store, inhibit, or divert the movement of stormwater.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, Half: The space under a sloping roof, which has the line of intersection of roof decking and wall not more than three feet (3') above the finished floor of such half-story. A half-story containing an independent apartment shall be counted as a full story.

Street:

(A)

A public or private right of way for vehicular traffic, including highways, thoroughfares, lanes, roads, ways, and boulevards.

(B)

Any street, avenue, boulevard, road, land parkway, place, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded in the office of the clerk of the circuit court of the county.

(1)

Arterial: A major street in the transportation system, which provides a direct route for long local trips and also provides access to interstates, expressway, etc. The main function of an arterial is to move large volumes of vehicles (more than six-thousand [>6000]).

(2)

Collector: A street, which conducts traffic between local streets and arterials and also provides access to abutting property. Average daily traffic ranges from one-thousand to six-thousand (1000—6000) vehicles per day.

(3)

Local: A street, which provides access to property. Average daily traffic is normally less than one-thousand (1000) vehicles.

(4)

Marginal access streets are minor streets, which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.

(5)

Alleys are minor ways, which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

(6)

Cul-de-sac: Cul-de-sac streets mean minor streets having only one (1) open end providing access to another street; the closed end provides a turnaround circle for vehicles, no other street intersects between the two (2) ends, and property fronts on both sides of the street.

(7)

Dead-end streets means minor streets similar to cul-de-sacs except that they provide no turnaround circle at their closed end, and are not permitted in any proposed subdivision. Stub streets, planned for future continuation, are not considered to be dead-end streets.

Structural Alteration: Any change in a supporting member of a building, such as bearing walls, columns, beams, or girders or any substantial change in the roof or exterior walls.

Structure: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location. Among other things, structures include buildings, mobile homes, residential design homes, manufactured homes, walls, fences, etc. Does not include non-structural concrete slabs at grade level, e.g.; patios, slabs, driveways, etc.

Structure, Temporary: Any structure serving a temporary use, such as a field or sales office, contractor's office, etc.

Stub-out (Stub Street): A portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future.

Subdivider: Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

Subdivision: The division of a parcel of land, whether improved or unimproved into three (3) or more lots or parcels of land for the purpose of sale or building development (whether immediate or future) and including all division of land involving the dedication of a new street or a change in existing streets. The following, however, shall not be included in this definition nor be subject to the regulations of these regulations applicable strictly to subdivision:

(A)

The combination or recombination of portions of previously plated lots where the total number of lots is not increased and the resultant lots are equal to or exceed the minimum standards set forth in these regulations.

(B)

Subject to the approval of City Council, parcels of record as of the effective date of these regulations may be subdivided one time, without platting, into two (2) parcels, provided that both parcels conform without the necessity of a variance, to all requirements of the appropriate zoning category, and that both parcels have frontage on a public road.

Subdivision Sales Office: An office located within the confines of a platted subdivision and operated by the seller for the purposes of coordinating the construction and development of the subdivision; selling lots within the subdivision; and coordinating contractors conducting work within the subdivision.

Substantial Improvement: Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during the life of a structure, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure. For the purposes of this chapter the market value of the structure is

(A)

The appraised value of the structure prior to the start of the initial repair or improvement

(B)

In the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project to the improvement of a structure required in order to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

Suspended Solids: Solids that either floats on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by various filtering and settling techniques.

Swale: A shallow gently sloped channel for conveyance and infiltration of stormwater or an artificial waterway which:

(A)

Has a top width-to-depth ratio of the cross-section equal to or greater than six to one (6:1), or side slopes equal to or greater than three feet (3') horizontal to one foot (1') vertical;

(B)

Contains contiguous areas of standing or flowing water only following a rainfall event;

(C)

Is planted with or has stabilized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake; and

(D)

Is designed to take into account the soil erodibility, soil percolation, slope, slope length, and contributing areas so as t prevent erosion and reduce the pollutant concentration of any discharge.

Temporary: Designed, constructed, and intended to be used on a short-term basis.

Theater: A building, or part thereof, which contains an assembly hall with or without stage, which may be equipped with curtains and permanent stage scenery or mechanical equipment adaptable to the showing of plays, operas, motion pictures, performances, spectacles and similar forms of entertainment.

Throat Length: The distance parallel to the centerline of a driveway to the first on-site location at which a driver can make a right turn or a left turn. On roadways with curb and gutter, the throat length shall be measured from the face of the curb. On roadways without a curb and gutter, the throat length shall be measured from the edge of the paved shoulder.

Throat Width: The distance edge-to-edge of a driveway measured at the right-of-way line.

Total Flow: The accumulative volume of stormwater discharged from a property, basin, or watershed. The total flow is quantified in measures such as acre feet or cubic feet of water.

Tourist Resort: Commercial hospitality lodgings in a spacious setting that are principally intended for vacationing, relaxation and conference activities for visitors to the community. Lodgings may include hotels, motels, cabins and condominiums. Lots for private recreational vehicle parking may also be provided. Incidental, recreational-orientated uses including golfing, horseback riding, boating, swimming, and other similar outdoor activities are permitted. Facilities contained within resort buildings may include restaurants, cocktail lounges, car rental, health clubs, childcare, professional business offices and convention services. Accessory uses may include retail shops, financial institutions and free-standing recreational and maintenance structures (including stables).

Toxic Pollutant: Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the USEPA under the provision of Section 305(a) of the act, or other acts.

Traffic Analysis Zone (TAZ): A portion of a transportation study area delineated geographically for land use and traffic analysis purposes incorporating household and socio-economic data.

Traffic Calming: The combination of design and policy measures that reduce traffic speed and volumes, alter driver behavior, improve conditions for pedestrians and bicyclists, and generally enhance the livability of an area.

Traffic Calming Measures: means the design elements in or along a street or intersections that advance traffic calming objectives. Techniques include roundabouts, diverters, partial-diverters, chicanes, speed humps, raised pedestrian crosswalks, and other devices erected or constructed within a road-way to slow vehicular speeds or reduce cut through traffic, but not restrict access to a street.

Traffic Control Devices: Signs, signals, and markings designed to regulate, warn, guide and provide information for motorists.

Travel Trailer or Recreational Vehicle: A vehicle less than forty feet (40') in length and used for temporary or recreational living or sleeping purposes, and standing on wheels, whether self-propelled or requiring a separate vehicle for power.

Tree: Any living, woody, self-supporting perennial plant, which normally grows to a minimum height of fifteen feet (15'). As used in these regulations, "tree" refers to preferred trees or approved trees unless an alternative usage is expressly defined.

Trimming: The pruning of clipping of shoreline vegetation with hand-powered tools, which does not result in the removal of three inches of the stem and root of the plant.

Twenty-Four Hour Flow Proportional Composite Sample: A sample consisting of several effluent portions collected during a twenty-four hour (24) period in which the portions of sample are proportionate to the flow and combined to form a representative sample.

Understory Tree: Any indigenous tree that is not a canopy tree but grows to a minimum height of fifteen feet (15').

Undivided Roadway: A roadway having full access on both sides of the travel lanes including a roadway with a center two-way turn lane.

Undue Economic Hardship: An exceptional financial burden that might otherwise amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in the case of income-producing properties.

Unpolluted Water: Water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to any person having jurisdiction thereof for disposal to storm or natural drainages or directly to surface waters of the state.

Use: The activity or function that actually takes place or is intended to take place on a lot.

User: Any person who contributes, causes or permits the contribution of sewage or wastewater into the City wastewater system.

Utility: The stormwater drainage utility created by the provisions of this article.

Utility Facility: Any above-ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a non-profit organization, a corporation, or any entity defined as a public utility for any purpose and used in connection with the production, generation, transmission, delivery, collection or storage of water, sewage, electricity, gas, oil, or electronic signals.

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

Variance: A variance is a relaxation of the terms of these regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

Vehicle Sign: Any sign affixed to a vehicle.

Volume (Traffic): The number of vehicles to pass a predetermined location during a specified period of time.

Wall, Exterior: A wall, bearing or non bearing, which is used as an enclosing wall for a building, but which is not necessarily suitable for use as a party wall or fire wall.

Wall, Party: A wall on an interior lot line, used or adapted for joint service between two (2) buildings.

Wall, Retaining: A wall designed to prevent the lateral displacement of soil or other material.

Wall Sign: A sign attached to or erected against the wall of a building with the face in a parallel plane of the building. Signs attached or erected against roofs of forty-five degrees (45°) or greater slope shall also be considered a wall sign.

Warehouse: A building used for storing goods, wares and merchandise, whether for the owner or for someone else and whether for the owner or for someone else and whether it is private or public. All highly combustible, flammable or explosive products or materials shall be properly ventilated and/or separated from the remainder of the building in accordance with adopted standards (see Chapter 22) and except for the sheltering of animals, and larger than five-hundred square feet (500').

Warehouse, Mini: A multi storage facility adjoined and under one (1) roof for the storing of goods, wares and merchandise whether for the owner or for someone else and whether public or private not for the purpose of retail or personal services and not greater than five-hundred square feet (500') with the same restrictions of warehouses.

Wastewater Capital Charge: A charge assessed by the City to defray the proportionate share of the capital improvement expense necessitated to provide capacity for the new wastewater connection.

Wastewater Constituents and Characteristics: The individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity, and strength of wastewater.

Water: Refers to water taken from any water source in Lake County, whether ground water or surface water, or from any public or private supply.

Water Body: Any natural or artificial pond, lake, reservoir, wetland or other area which ordinarily or intermittently contains water and which has a discernible shoreline.

Water Capital Charge: A charge assessed by the City to defray the proportionate share of the capital improvement expense necessitated to provide capacity for the new water connection.

Water Shortage: The declaration by the Tavares City Council that a water shortage exists.

Watercourse: Any natural or artificial stream, creek, channel, ditch, canal, waterway, gully, ravine, or wash in which water flows either continuously or intermittently, and which has a definite channel, bed, or banks.

Waters of the State: Any surface or ground water located within the boundaries of the state.

Waterfront: Any lot or parcel bordering on a water body.

Well: Refers to any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, acquisition, development or artificial recharge of ground water.

Wetlands: Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Wholesale Sales: On-premises sale of goods primarily to customers engaged in the business of reselling the goods.

Window Sign: A permanent sign affixed to, suspended behind or painted on either face of a window or glass door that reads to the exterior of the building.

Works: All artificial structures, including, but not limited to, canals, ditches, swales, conduits, channels, culverts, pipes, and other construction that connects to, draws water from, drains water into, or is placed in or across the waters in the state (Section 373.403(5),F.S).

Yard: An open space on the same lot with a building, said space being unoccupied and unobstructed from the ground upward, with the exception of trees and other vegetation. Fences, walls, children's play equipment and other customary yard accessories may be permitted in rear and side yards and some front yards subject to height, visibility limitations and other requirements of these regulations.

Yard, Front: A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.

Yard, Rear: A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. Where a rear yard opens onto an alley, one-half (½) of the width of such alley may be considered to be a portion of the rear yard.

Yard, Side: A yard lying between a main building and a side lot line and extending from the front yard to the rear yard. Accessory buildings require the same side yard measurement as that required for the main building. The side yard setback shall be measured from the line of the main building to the side lot line.

Yard, Waterfront: A waterfront yard is a yard required on waterfront property with a depth measured from mean-high-water line, as determined by the Lake County Water Authority.

Zoning Permit: A permit issued by the Administrator that authorizes the recipient to make use of property in accordance with the requirements of these regulations.

Xeriscape: The use of appropriate plant species, soil improvements, landscape design, efficient irrigation and appropriate maintenance in order to achieve water conservation.