This Code shall be known and may be cited as the "Town of Century Unified Land Development Code" and may be referred to as the "Land Development Code."

(Ord. No. 2-91, § 1.00.00, 4-29-1991)

The Land Development Code is adopted pursuant to the requirements and authority of F.S. § 163.3202, the local government comprehensive planning and land development regulation act, and the general powers in F.S. ch. 166. The town council finds that the regulations set forth in the Land Development Code are a necessary and proper means for planning and regulating the development of land in the town and for otherwise protecting and promoting the public health, safety and general welfare of its citizens.

(Ord. No. 2-91, § 1.01.00, 4-29-1991)

(a)

General applicability. Except as specifically provided in this section, the provisions of the Land Development Code shall apply to all development within the corporate limits of the town, and no development shall be undertaken without prior authorization pursuant to the Land Development Code.

(b)

Exceptions. Exceptions to subsection (a) of this section are as follows:

(1)

Previously issued development permit.

a.

The development activity is authorized by a building permit issued prior to May 1, 1991, or will be commenced after the effective date of the Land Development Code but within six months of issuance of the building permit; and

b.

The development activity continues without interruption, except because of war or natural disaster, until the development is complete.

If the development permit expires, any further development on that site shall occur only in conformance with the requirements of this the Land Development Code.

(2)

Previously approved development orders. Projects with valid final development orders that have not expired prior to May 1, 1991, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements of the regulations in effect when the development plan was approved. If the development plan expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of the Land Development Code.

(Ord. No. 2-91, §§ 1.02.01, 1.02.02, 4-29-1991)

The provisions of the Land Development Code shall be construed and implemented to achieve the following intentions and purposes of the town:

(1)

To establish the regulations, procedures and standards for review and approval of all proposed development in the town.

(2)

To foster and preserve public health, safety, comfort and welfare and to aid in the harmonious, orderly, aesthetically pleasing and socially beneficial development of the town in accordance with the comprehensive plan.

(3)

To adopt a development review process that is:

a.

Efficient, in terms of time and expense;

b.

Effective, in terms of addressing the natural resource and public facility implications of proposed development; and

c.

Equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of the town.

(4)

To implement the town comprehensive plan as required by the local government comprehensive planning and land development regulation act.

(5)

To provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet the level of service requirements.

(Ord. No. 2-91, § 1.03.01, 4-29-1991)

(a)

F.S. ch. 163, requires the town to enact land development regulations that implement and are consistent with the town's comprehensive plan.

(b)

Controlling the location, design and construction of development within the incorporated area of the town is necessary to maintain and improve the quality of life in the town and to protect the health, safety and welfare of its citizens.

(c)

The Land Development Code's use of performance standards and bonus incentives that encourage flexibility and innovation in the land development process implements and is consistent with the town comprehensive plan policies establishing planned unit developments.

(d)

The requirements and standards of the Land Development Code for transportation facilities are necessary for the public benefit of safe travel because the number of accidents resulting in property damage and injury increases as congestion increases on roads and that the fire, rescue and law enforcement response times and disaster evacuation times increase as congestion increases on roads.

(e)

The standards and requirements of the Land Development Code for facilities for potable water, sanitary sewer, solid waste and stormwater management are necessary for the health, safety and welfare of the citizens of the town and the protection of the environment and natural resources of the town.

(f)

The standards and requirements of the Land Development Code for parks are necessary for the health, safety, welfare and enjoyment of the citizens of the town.

(g)

F.S. § 163.3177, provides that public facilities and services needed to support development must be available concurrent with the impacts of such development.

(h)

F.S. § 163.3202, provides that not later than one year after its due date established by the state land planning agency's rule for submission of local comprehensive plans, a local government shall not issue a development order or permit which results in a reduction in the level of service for the affected public facilities below the level of service established by the comprehensive plan.

(Ord. No. 2-91, § 1.04.01, 4-29-1991)

The future land use map, contained in the future land use element of the comprehensive plan and the original copies of which are filed in the office of the town hall, are hereby designated, established and incorporated as a part of the Land Development Code, and are as much a part of the Land Development Code as if the information contained therein were set out in full in the Land Development Code.

(Ord. No. 2-91, § 1.05.01, 4-29-1991)

(a)

Generally In the interpretation and application of the Land Development Code all provisions shall be liberally construed in favor of the objectives and purposes of the town and deemed neither to limit nor repeal any other powers granted under state statutes.

(b)

Responsibility for interpretation. If any question arises concerning the application of regulations, performance standards, definitions, development criteria or any other provision of the Land Development Code, the town shall be responsible for interpretation and shall look to the town comprehensive plan for guidance. Responsibility for interpretation by the town shall be limited to standards, regulations and requirements of the Land Development Code but shall not be construed as overriding the responsibilities given to any council, commission, board or official named in other sections or chapters of the Land Development Code. An applicant may appeal the interpretation of the town in accordance with sections 58-60—58-64.

(c)

Delegation of authority. Whenever a provision appears requiring the head of a department or some other town officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to perform the required act or duty unless the terms of the provision or section specify otherwise.

(d)

Boundaries. Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

(1)

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

(2)

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

(3)

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

(4)

Boundaries shown as following or approximately following natural features shall be construed as following such features.

(e)

Relationship of specific to general provisions. More specific provisions of the Land Development Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

(Ord. No. 2-91, §§ 1.06.01—1.06.12, 4-29-1991)

Any ordinances and provisions in conflict with these regulations are hereby repealed as of the effective date of the Land Development Code.

(Ord. No. 2-91, § 1.07.00, 4-29-1991)

The Land Development Code is not intended to repeal, abrogate or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of the town or county. Moreover, nothing in the Land Development Code shall be construed to give the town responsibility for enforcing private covenants or deed restrictions.

(Ord. No. 2-91, § 1.08.00, 4-29-1991)

The following words, terms, and phrases, when used throughout the Land Development Code shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abut means to physically touch or border upon, or to share a common property line.

Accessory sign means a permanent ground or building sign that is permitted under the Land Development Code as incidental to an existing or proposed use of land.

Accessory use means a use of land or structure or portion thereof customarily incidental and subordinate to the principal use of the land or structure and located on the same parcel with the principal use.

Addition to an existing building as used in chapter 78, article V, pertaining to floodplains, means any walled or roofed expansion to the perimeter of a building in which the addition is connected by a common load bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall is separated by independent perimeter load bearing walls is new construction.

Adult congregate living facility (ACLF) means a type of residential care facility, defined in F.S. ch. 400, pt. 2.

Adversely affected person means any person who is suffering or will suffer an adverse impact to an interest protected or furthered by the town comprehensive plan, including but not limited to: interests related to health and safety; police and fire protection services; densities or intensities of development; transportation facilities; recreational facilities; educational facilities; health care facilities; equipment or services; and environmental or natural resources. The alleged adverse affect may be shared with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

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

Area of shallow flooding means a designated AO or VO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet 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 means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Availability, as used in chapter 54, pertaining to concurrency, means that at a minimum the facilities and services will be provided in accordance with the standards set forth in section 54-11, pertaining to adopted levels of service.

Base flood means the flood having a one percent chance of being equalled or exceeded in any given year.

Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Building means any structure built for support, shelter or enclosure for any occupancy or storage.

Building sign means 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 45 degrees or steeper.

Business activity means any activity conducted by any person in furtherance of such person's business regardless of whether such business is for profit or employment at any location other than a natural person's residence.

Code enforcement officer Any authorized agent or employee of the town whose duty is to enforce and assure compliance with the codes and ordinances of the town.

Commercially developed parcel means a parcel of property on which there is at least one walled and roofed structure used, or designed to be used, for other than residential or agricultural purposes.

Communication antenna means any structure or device for the purpose of collecting or transmitting electromagnetic waves, authorized by the Federal Communications Commission (FCC). This term shall not include towers utilized by amateur radio operators licensed by the Federal Communications Commission (FCC) or home satellite dish antenna, as regulated in section 90-52 of the unified land development code.

Communication tower means any structure, including support lines, cables, wires, braces, and masts intended primarily for the purpose of mounting an antenna. This term shall not include towers utilized by amateur radio operators licensed by the Federal Communications Commission (FCC).

Community residential home means a dwelling unit licensed to serve clients of the department of health and rehabilitative services, which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term community residential home shall include congregate care facilities, foster homes, group care homes and child care facilities with seven to 14 residents and that otherwise meet the definitional requirements of a community residential home.

Concurrency means that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur.

Concurrency management system means the procedures and/or process that the town uses to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development.

Copy means the linguistic or graphic content of a sign.

DBH. See the term Diameter at breast height.

Density of gross density means the total number of dwelling units divided by the total site area, less public right-of-way.

Developer means any person who engages in or proposes to engage in a development activity either as the owner or as the agent of an owner of property.

Development means any manmade change to improve for unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or permanent storage for materials.

Development order means an order granting, denying, or granting with conditions, an application for approval of a development project or activity. A distinction is made between development order, which compasses all orders and permits, and three distinct types of development orders: preliminary development order, final development order, and development permit.

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

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

Development permit means any one of the following:

(1)

Building permit,

(2)

Site plan,

(3)

Final plat, and

(4)

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

Diameter at breast height (DBH) means the standard measure of a single stemmed tree at 4½ feet above grade. When a tree has grown with cluster stems at breast height, DBH, shall be equal to the sum or aggregate of the individual stems measured at 4½ feet above grade.

Drip line means an imaginary, perpendicular line that extends downward from the outermost tips of the tree branches (i.e., crown) to the ground.

Duplex means a structure containing two separate dwelling units.

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

Dwelling, multifamily, means any residential structure containing three or more separate dwelling units.

Dwelling, single-family, means a structure containing one dwelling unit, and not attached to any other dwelling unit by any means. A single-family unit may contain an accessory apartment pursuant to the Land Development Code.

Electric sign means any sign containing electric wiring.

Electronic message center means any sign that uses changing light to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed.

Elevated building means a nonbasement building built to have the lowest floor elevated above ground level by means of fill, solid foundation, perimeter walls, pilings, columns, posts and piers, sheer walls, or breakaway walls.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Erect a sign means 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.

Family residential home means a dwelling unit licensed to serve clients of the department of health and rehabilitative services, which provides a living environment for six or fewer unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term "family residential home" shall include congregate care facilities with six or fewer residents and that otherwise meet the definitional requirements of a family day care home.

FAR. See the term Floor area ratio.

Final development order means a development permit.

Flood and flooding mean a general and temporary condition of partial or complete inundation of normally dry land area from:

(1)

The overflow of inland or tidal waters;

(2)

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

Flood boundary and floodway map (FBFM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

Flood hazard boundary map (FHBM) means 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 designated as zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both of the areas of a special flood hazard and the risk premiums zones applicable to the community.

Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.

Floodplain and flood prone area means any land areas susceptible to being inundated by water from any source.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floodway fringe means that area of the floodplain on either side of the floodway where encroachments may be permitted.

Floor, as used in chapter 78, article V pertaining to floodplains, means the top surface of an enclosed area in a building, including the basement, i.e., top of slab and concrete slab construction or top of wood flooring in wood framed construction. The term "floor" does not include the floor of a garage used solely for parking vehicles.

Floor area ratio The ratio of floor area to the area of the lot. The floor area is the sum of all enclosed areas on all floors of a building or buildings measured from the outside faces of the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, and balconies and any below grade floor area used for access and storage. Not countable as floor area are open terraces, patios, atriums and breezeways.

Frontage means the length of the property line of any one parcel along a street on which it borders.

Functional dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, ship building, ship repair, or seafood processing facilities. The term "functional dependent facility" does not include longterm storage, manufacture, sales, or service facilities.

Generator means any person who through any act or process produces hazardous waste.

Grade means the average level of the finished surface of the ground adjacent to a tree or to the exterior wall of a building or structure.

Ground sign means 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.

Hazardous waste means solid waste, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. Hazardous waste consists of specific wastes that exhibit ignitable, corrosive, reactive or other toxic properties as identified by the U. S. Environmental Protection Agency (EPA). The EPA has identified approximately 300 chemical compounds that possess one or more of these four properties. In addition, the EPA has identified industrial processes that are related to these chemical compounds. These chemical compounds are identified as part of the EPA's hazardous waste management system unlisted (characteristic) hazardous waste (40 CFR part 261, subpart C) and list of hazardous waste (40 CFR part 261, subpart D). Specifically excluded as hazardous waste are the following:

(1)

Ashes and burning sludge generated from the burning of boiler fuel for the generation of electricity or steam;

(2)

Agricultural and silvicultural byproduct material and process waste from normal farming activities; and

(3)

Discarded material generated from mining and benefication in chemical or thermal processing of phosphate rock and precipitant resulting from the neutralization of phosphate chemical process and nonprocess waters.

Provided, however, that it is the express intent of the Land Development Code not to expand the definition of hazardous waste as defined by the state statutes, as amended, or other applicable state law. Any inconsistency between this definition of hazardous waste and that expressed by the state statutes, as amended, or other applicable state law shall be resolved in accordance with state statutes, as amended, or other applicable state law.

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

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

Impervious surface ratio means a measurement of the amount of the site that is covered by any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surfaces are, but not limited to, roofs, streets, sidewalks, and parking lots paved with asphalt, concrete, compacted sand, limerock, or clay.

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

Institutional residential home means a dwelling unit licensed to serve clients of the department of health and rehabilitative services, which provides a living environment for more than 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term institutional residential home shall include congregate care facilities, foster homes, group care homes and child care facilities with more than 14 residents that otherwise meet the definitional requirements of institutional residential home.

ISR. See the term Impervious surface ratio.

Junkyard means premises or portions thereof used for the storage or sale of used and discarded materials, including but not limited to, paper, rags, metal, building materials, appliances, household furnishings, machinery, vehicles, equipment, or parts thereof. The storage for a period of two or more wrecked or partly dismantled motor vehicles, parts of dismantled vehicles, or the sale of parts thereof, not capable of or not intended to be restored to highway operating condition shall also constitute a junkyard. For the purposes of the Land Development Code, motor vehicle graveyards shall be considered junkyards.

Ldn means the day-night average sound level consisting of A-weighted sound levels over a 24-hour time period.

Levee means a manmade structure, usually an earthen embankment, designed and constructed with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system which consists of a levee, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

Location means a room, enclosure, building, lot, or contiguous group of lots.

Lot means a designated parcel, tract or area of land established by plat, subdivision or as otherwise allowed by law.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on site for 108 consecutive days or longer and intended to be improved property.

Marquee means a structure projecting from and supported by a building which extends beyond the building line or property line and fully or partially covers a sidewalk, public entrance or other pedestrian way.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of the Land Development Code, the term is synonymous with National Geodetic Vertical Data (NGVD).

Minor replat means the subdivision of a single lot or parcel of land into two lots or parcels, or the subdivision of a parcel into two or more lots solely for the purpose of increasing the area of two or more adjacent lots or parcels of land, where there are not roadways, drainage or other required improvements, and where the resultant lots comply with the standard of the Land Development Code.

Motor vehicle graveyard means any establishment or business which is maintained, used or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled automobiles, motor vehicles or motor vehicle parts.

Multiple occupancy complex means 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.

Native vegetation means any indigenous tree, plant or shrub adapted to soil and climatic conditions occurring on-site.

New construction as used in article V, chapter 78, pertaining to floodplains, structures for which the start of construction commenced on or after the effective date of the Land Development Code, and includes any subsequent improvements to such structures.

Occupant and occupancy mean a commercial use, i.e., any use other than residential or agricultural.

Open space ratio means a measurement of the amount of the site that is devoted to recreation, resource protection, amenity, and/or landscaped buffers. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses.

OSR. See the term Open space ratio.

Outdoor advertising sign means a permanent ground sign with a sign face, the bottom of which is at least 20 feet above the ground and which is at least 200 square feet in size.

Owner means a person who, or entity which, alone, jointly or severally with others, or in a representative capacity, including without limitation, an authorized agent, attorney, executor, personal representative or trustee, has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.

Parcel means a unit of land within legally established property lines.

Parcel or lot of record means:

(1)

Any contiguous quantity of land that is part of an approved subdivision recorded in the office of the clerk of the circuit court;

(2)

Any contiguous quantity of land which is capable of being described with such definiteness that its location and boundaries are established, and which has been so recorded in the public records in the office of the clerk of the circuit court prior to May 1, 1991; or

(3)

Any contiguous quantity of land which is the subject of an agreement for deed or other instrument of conveyance properly executed prior to May 1, 1991, and which describes the parcel with such definiteness that its location and boundaries are established and recognized by state law.

Permanent means designed, constructed and intended for more than shortterm use.

Person means any and all persons, natural or artificial, including any individual, firm or association; any municipal or private corporation organized or existing under the laws of the state or any other state; any governmental agency of this state or the federal government.

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

Preliminary development order means any one of the following:

(1)

Preliminary plat;

(2)

Development orders for developments of regional impact as defined in F.S. § 380.05

Public facilities and services means those items covered by the town comprehensive plan, required by F.S. § 163.3177, and for which level of service standards must be adopted under F.A.C. ch. 9J-5 These are: roads; sanitary sewer; solid waste; drainage; potable water; parks and recreation; and mass transit.

Recreation vehicle means a vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as a temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.

Riverine means relating to, formed by, or resembling a river including tributaries, stream, brook, etc.

Roof line means a horizontal line intersecting the highest point or points of a roof.

Roof sign means a sign placed above the roof line of a building or on or against a roof slope of less than 45 degrees.

Sign means 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 face means the part of a sign that is or may be used for copy.

Sign face area means the area of any regular geometric shape which contains the entire surface area of a sign upon which copy may be placed.

Sign structure means any construction used or designed to support a sign.

Small quantity generator means each small quantity generator or producer of hazardous waste as defined by Federal Regulations pursuant to 40 CFR 261.5.

Snipe sign means any sign made of material, including paper, cardboard, wood and metal, when such sign is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, telephone poles or fences.

Start of construction. As used in chapter 78, article V, pertaining to floodplains, includes substantial improvement, means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanence construction of a structure including a manufactured home on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

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

Structure means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.

Subdivision means the platting of real property into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land.

Substantial improvement means 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 50 percent of the market value of the structure. The market value of the structure should be:

(1)

Derived from the adjusted tax appraisal values or other certifiable and reasonable methods as determined by the town prior to the start of initial repair or improvement,

(2)

In 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 the alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Temporary means designed, constructed, and intended to be used on a shortterm basis.

Thoroughfare As used in section 82-15, pertaining to permanent outdoor advertising signs, means any street, road, expressway, freeway, or highway located within the incorporated areas of the town.

Tree removal means any intentional or unintentional act which may reasonably be expected to cause a tree to decline and die, including:

(1)

Severing the trunk;

(2)

Excessive pruning of the trunk or branching system;

(3)

Mechanical damage to the branching system;

(4)

Mechanical damage to the bark and cambium system;

(5)

Damage to the root system by machinery, storage of materials, or soil compaction;

(6)

Substantially changing the natural surface grade within the dripline;

(7)

Excessive paving or building within the dripline;

(8)

Substantially changing the natural drainage patterns of the building site in a manner reasonably expected to kill the tree; and

(9)

Direct or indirect application of toxic substances or fire to the tree or its root system.

Unit means that part of a multiple occupancy complex housing one occupant.

Vehicle sign means any sign affixed to a vehicle.

Watercourse means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which water flows at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. 2-91, app. A, 4-29-1991; Ord. No. 1-98, § 1, 1-20-1998)

Cross reference— Definitions generally, § 1-2.

If any section, subsection, paragraph, clause, or phrase of the Land Development Code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of the Land Development Code shall continue in full force and effect.

(Ord. No. 2-91, § 4.09.00, 4-29-1991)

These land development regulations adopted in Ordinance Number 2-91 on 4-29-91 shall be effective on May 1, 1991.

(Ord. No. 2-91, § 4.10.00, 4-29-1991)