For the purpose of this chapter, certain terms used herein are herewith defined. The term "building" includes the term "structure." The term "used" includes the term "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used." The term "land" includes the term "water surface" and "land water."

(Ord. No. 2007-02, exh. A, § 3, 2-21-2007)

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

Accessory building or structure means a separate, subordinate building or structure devoted to an accessory use on the same plot with a building which is occupied by, or devoted to a principal use.

Accessory dwellings means dwellings that shall be permitted only for caretaker or security quarters for the property where the dwelling is located. Each dwelling unit shall not exceed 1,500 square feet in gross floor area, shall not be less than 400 square feet in gross floor area, and shall not exceed 50 percent of the gross floor area of the building where the unit is located, whichever is less. Such dwelling units shall be located within the lot of the principal building to which the dwelling is accessory.

Accessory use means a use naturally and customarily incidental to, subordinate to, and subservient to the main use of the premises.

Acre, net, means 43,560 square feet of contiguous, private property under the same ownership.

Administrative variances means a variance procedure limited to improvements at the time of application (as opposed to construction) and involving the following matters exclusively: setbacks, spacing of the buildings, height, floor area ratios, lot coverage, pervious area and parking. The administrative variance procedure may only be used for applications which receive the approval of the city planning staff. The maximum amount of the waiver shall be up to, but no greater than, 20 percent of the requirement.

Adult arcade means a place or establishment operated for commercial gain that invites or allows the public to view adult material, which may or may not include adult booths. For the purposes of this chapter, the term "adult arcade" is included within the definition of "adult theater."

Adult bookstore.

(1)

The term "adult bookstore" means an establishment having more than 25 percent or more of the individual items publicly displayed in the establishment as the stock in trade books, magazines, periodicals or other printed matter, which are distinguished or characterized by their emphasis on specified sexual activities or specified anatomical areas.

(2)

The term "adult bookstore" does not include printed material such as textbooks and medical journals where the depiction of specified anatomical areas is associated with educational or medical purposes.

Adult booth.

(1)

The term "adult booth" means a small enclosed or partitioned area inside an adult entertainment establishment that is:

a.

Designed or used for the viewing of adult material by one or more persons; and

b.

Accessible to all persons, regardless of whether a fee is charged for access.

(2)

The term "adult booth" includes, but is not limited to, a peep show booth or other booth used to view adult material.

(3)

The term "adult booth" does not include a foyer through which a person can enter or exit the establishment or a restroom.

Adult dancing establishment means an establishment where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing.

Adult day care center means an establishment which provides day care and activities for adolescents or adults who require supervision due to physical or mental limitations.

Adult entertainment establishment.

(1)

The term "adult entertainment establishment" means an adult arcade, adult theater, adult bookstore, adult motel, adult dancing establishment, encounter studio or other establishment other than a private residence, where an employee, operator, owner, customer, member or patron exposes any of his or her specified anatomical areas for viewing by other patrons, or where adult material is provided to customers, patrons or members, including, but not limited to, massage establishments, whether or not licensed pursuant to F.S. ch. 480, tanning salons, modeling studios or lingerie studios. For the purposes of this chapter, alcoholic beverage establishments providing adult entertainment shall be included in the definition of "adult entertainment establishment."

(2)

The term "adult entertainment establishment" does not include educational centers, where the exposure of specified anatomical areas is associated with a curriculum or program.

Adult material means one or more of the following, regardless of whether it is new or used:

(1)

Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes, slides or other visual representations; recordings or other audio matter; and novelties or devices that have, as their primary or dominant theme, subject matter depicting, exhibiting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or

(2)

Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult motel means a hotel, motel or other public lodging establishment that includes the word "adult" in the name it uses or otherwise advertises the presentation of adult material.

Adult nightclub means any establishment which provides food or beverage for consumption on the premises and which features live adult entertainment exposing specified anatomical areas for observation by patrons therein.

Adult theater means a place or establishment, other than a private residence, that consists of an enclosed building, or portion thereof, or an open-air area used for viewing of adult material. Adult arcades and establishments having adult booths are considered to be included in the term "adult theaters."

Adult video store means an establishment that offers adult films or video materials for sale or rent for commercial gain, for viewing off of the premises; unless the establishment demonstrates that the adult material is accessible only by employees or persons 18 years or older at the establishment.

Agricultural uses means the cultivation of crops, groves, thoroughbred and pleasure horse ranches, including horse boarding, private game preserves, fish breeding areas, tree and plant nurseries, cattle ranches and other similar activities.

Alcoholic beverage means distilled spirits and all beverages containing one-half of one percent or more alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water.

Alcoholic beverage establishment means any bar, lounge, saloon, bottle club, nightclub, package store or any place or premises, other than a private residence or a fast-food or full-service restaurant, where alcoholic beverages are sold or dispensed for consumption by customers, patrons or members on or off of the premises, and not in conjunction with a meal. Establishments which provide only snack foods or prepackaged foods incidental to consumption of alcoholic beverages on the premises shall be considered alcoholic beverage establishments.

Alley means a public thoroughfare or way, not more than 30 feet in width, and which normally provides a secondary means of access to the abutting property.

Alter,altered or alteration means:

(1)

Any change in size, occupancy or use of a building or structure;

(2)

Any repair or modification to a nonconforming building, structure or use;

(3)

The erection or placement of any sign;

(4)

The addition, removal or modification of any paving or landscaping.

Antenna means a transmitting and/or receiving device and/or relays used for personal wireless services, which radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations.

Apartment, efficiency, means a dwelling unit in a multiple dwelling, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.

Art gallery means a room or building where paintings, pieces of sculpture and other works of art or aesthetic objects are exhibited, or exhibited and sold.

Arterial means a street having that meaning given in F.S. § 334.03(1).

Auditorium means a building or complex of buildings that has facilities for cultural, entertainment, recreational, athletic and convention activities or performances.

Automobile paint and body shop means incidental body or fender work, other minor body repairs, painting, replacement of body parts, collision service, including body, frame or fender straightening or repair, overall painting or a paint shop. Any building used for automobile repair, including paint and body shops, and any storage area for vehicles being or to be repaired, shall be located at least 50 feet from any residentially zoned property and shall be screened from the residentially zoned property by a fence or hedge. Any outside areas used for repairs shall be considered additional work bays, which shall be delineated on the approved site.

Automobile repair means general repair, rebuilding or reconditioning of engines for motor vehicles. Any building used for automobile repair, and any storage area for vehicles being or to be repaired, shall be located at least 50 feet from any residentially zoned property and shall be screened from the residentially zoned property by a fence or hedge. Any outside areas used for repairs shall be considered additional work bays, which shall be delineated on the approved site.

Automobile wrecking means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Bar, lounge or saloon means any place devoted primarily to the retailing and consumption on the premises of malt, vinous or other alcoholic beverages not in conjunction with meals or with food prepared on the premises.

Bed and breakfast means a building or part thereof, other than a motel or hotel, where sleeping accommodations are provided for transient guests, with meals, and which also serves as the residence of the operator.

Bottle club means any business or private club which does not hold a state license for the sale of alcoholic beverages, but which permits its members, patrons or customers to bring or store their own bottles containing alcoholic beverages for consumption on the premises.

Building means any structure having a solid roof and solid walls on all sides and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind.

Carport means a private garage not completely enclosed by walls and doors.

Certificate of use means a document issued by the city administrator or designee after approval of inspections of the premises by the city officially authorizing buildings, structures or uses consistent with the terms of this chapter and any other applicable codes and statutes.

Change of occupancy.

(1)

The term "change of occupancy" means a discontinuance of an existing use and the substitution therefor of a use of a different kind or class.

(2)

The term "change of occupancy" does not include a change of tenants or proprietors unless accompanied by a change in the type of use.

Child care center means a place for the day care and instruction of children not remaining overnight.

Civic center means a building or complex of buildings that house governmental offices and services, which may include cultural, recreational, athletic, convention and entertainment facilities owned or operated by a governmental agency.

Club, private.

(1)

The term "private club" means and includes those associations and organizations of a fraternal or social character, not operated or maintained for profit.

(2)

The term "private club" does not include casinos, nightclubs or other institutions operated as a business.

Code enforcement officer means the officers, agents and employees of the city, to whom the duty of enforcing the terms of this chapter or other applicable codes is assigned.

Collocation means the use of a single support structure and/or site by more than one wireless communication provider.

Commercial equestrian operations means commercial riding stables and riding instruction, livery stables, horse training, breeding or boarding facilities.

Commercial vehicle.

(1)

The term "commercial vehicle" means any vehicle designed, intended or used for transportation of people, goods or things, other than private passenger vehicles and recreational vehicles. The term "commercial vehicle" shall include, but is not limited to, the following:

a.

Bus means any vehicle designed or modified for transportation of ten or more people in seats permanently placed in the vehicle.

b.

Business vehicle means any vehicle upon which a business name is displayed.

c.

Semitrailer means all two or more wheeled vehicles designed to be coupled to and drawn by a motor vehicle.

d.

Truck means a motor vehicle designed with or modified to contain a bed, platform, cabinet, rack or other equipment for the purpose of carrying items or things or performing commercial activities and weighing 4,000 pounds or more. The term "truck" includes, but is not limited to, wreckers, tow trucks, dump trucks, utility or service vehicles and moving vans.

e.

Truck-tractor means a motor vehicle having four or more wheels and equipped with a fifth wheel for the purpose of drawing a semitrailer.

(2)

The term "business vehicle" includes, but is not limited to: taxis, limousines, ambulances, and vans, but excludes police and security vehicles which are providing security services to the area where the vehicle is parked.

Common open space means any area designated on a recorded plat or approved site development plan, not including private or public streets, for joint use by the residents of the development as parking, drives, service areas, tennis courts, recreational buildings, preservation of natural areas, landscaping, drainage areas and water areas.

Common party wall means a solid wall, without any openings, which separates two dwelling units, with no open space between the two units.

Community residential facility means a residential building or buildings designed or altered to provide housing, food service and personal services to persons unrelated to the owner or manager of the facility, and which is licensed by the state or other government agency for such purposes.

Completely enclosed building means a building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Contiguous means directly adjoining; immediately adjacent to; contiguous plots having at least one side of each plot which touches one side of the other plots with no separator between the plots, such as a public right-of-way or canal.

Convalescent home means an institution for the care of persons recovering physical or mental health and strength after sickness or debility.

Convention center means a building or complex of buildings designed and arranged to provide rooms for the assembly of groups or organizations for meetings, training seminars, etc., and which may include a public lodging establishment.

Court facilities means a room, building or complex of buildings where judicial business is conducted.

Coverage.

(1)

The term "coverage" means the percentage of the plot area covered or occupied by buildings or roofed structures or portions thereof.

(2)

The term "coverage" is not included in the computation of shuffleboard courts, swimming pools, barbecue pits, terraces and other appurtenances not roofed over.

Cultural center means a building or complex of buildings where activities relating to historical, educational, artistic, theatrical, musical or similar interests are performed, conducted or held.

Debris means waste materials resulting from the construction or demolition of structures or buildings or waste accumulation of lawn, grass, shrubbery, tree trimmings, fruit or other matter usually created as refuse in connection with trees or other landscape plants.

Density means the maximum number of dwelling units permitted on one net acre of property.

Developed means land or water upon which a permitted building, structure, other improvement or use has been constructed or established, excluding solely underground utilities, pipes, wires, cable, culverts, conduits or other similar underground improvements and excluding structures bearing overhead power transmission lines that carry at least 500 kilovolts (kV) of electrical power, provided such lands contain no other buildings or structures.

Developed area means any quarter section of land which is approximately 75 percent developed.

Development order means an order authorizing the granting, denying or granting with conditions, an application for a development permit.

Development permit.

(1)

The term "development permit" means any building permit, zoning permit, subdivision or plat approval, modification to a condition of plat approval, including an amendment or revision to a nonvehicular access line, site plan approval, amendment to the notation on the face of a plat, application for placement of a notation on the face of a plat, land use plan amendment, rezoning, variance or other official action of a unit of local government having the effect of permitting the development of land.

(2)

The term "development permit" does not include any variance or other official action necessary solely for the purpose of issuing a permit, other than a building permit, pursuant to the building code.

Dinner theater means a full-service restaurant within which live theatrical performances are provided on a stage to persons seated at tables and consuming food and beverages during the performances.

Display means an arrangement of goods reflecting the occupation or business, wares or other objects used or sold on the premises, for the purpose of bringing the subject thereof to the attention of others without the use of a sign.

District means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Drive-through facility means any place or premises used for the sale or dispensing of products or services to patrons who enter upon the premises in automobiles and purchase products or services through a window or door without leaving their vehicle.

Drug store. Retail pharmacy, with or without a drive lane, unless otherwise specified in this Code, that offers goods for retail sale and conducts on-site dispensing of prescription drugs prescribed by a health care practitioner, nonprescription drugs or both.

Dumpster.

(1)

The term "dumpster" means a watertight container constructed of impervious material and provided with a cover or covers of like material which is intended and designed to be used for the retention or storage of garbage, refuse or recyclable materials.

(2)

The term "dumpster" does not include containers having a maximum capacity of 40 gallons or less.

Dwelling means any building or part thereof, occupied in whole or in part, as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently.

Dwelling, detached, means a single dwelling unit physically detached from other buildings, dwelling units or structures.

Dwelling, group.

(1)

The term "group dwelling" means a building, or part thereof, in which several unrelated persons or families permanently reside, but in which individual cooking facilities are not provided for the persons or families. The term "group dwelling" may include a roominghouse, fraternity house, sorority house, convent, monastery or private club in which one or more members have a permanent residence.

(2)

The term "group dwelling" does not include a hotel, motel, tourist home or trailer camp.

Dwelling, multiple-family, means a residential building on a plot, consisting of three or more dwelling units, having at least three common party walls with adjacent dwelling units, except for end or corner units.

Dwelling, one-family.

(1)

The term "one-family dwelling" means a building with one or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for cooking, and including a room or rooms for living, sleeping and eating, and having all areas within the building accessible from the interior of the building.

(2)

The term "one-family dwelling" does not include group homes, adult congregate living facilities, roominghouses or boardinghouses, or dormitory, fraternity or sorority buildings or facilities.

Dwelling, two-family.

(1)

The term "two-family dwelling" means a building containing two one-family dwellings within a single building.

(2)

The term "two-family dwelling" does not include group homes, adult congregate living facilities, roominghouses or boardinghouses, or dormitory, fraternity or sorority buildings or facilities.

Dwelling unit means a room or group of rooms not less than 400 square feet in total floor area, which includes a kitchen and sanitary facilities designed to provide complete, long-term living accommodations for one family, with no access to adjoining dwelling units.

Dwelling unit, adult congregate living facility, means one room or connected rooms, with kitchen and bathroom facilities, which have access from a common area and constitute a separate independent housekeeping establishment.

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

Educational center or school means a premises or site upon which facilities of public or private primary or secondary schools, vocational and technical schools, colleges and universities licensed by the state department of education are located, including the areas of buildings, campus open space, dormitories, recreational facilities and parking.

Employment agency, day labor, means an establishment which secures primarily temporary employment for persons who assemble at and are transported from the establishment, in the construction trades, property maintenance or unskilled labor fields.

Encounter studio means all establishments offering nude encounter sessions between persons, nude dance encounter sessions, or any establishment, other than an adult nightclub, where private nude performances are offered.

Environmentally sensitive lands means those lands defined as environmentally sensitive in the city land use plan.

Erected means built, constructed, reconstructed or moved on or upon any property.

Escort or dating service means an establishment where customers, patrons or members are provided with an escort or companion on a short-term basis, or which arranges for social meetings between two or more people.

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, transformer substations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.

Established grade means the average elevation of the streets abutting the plot.

Extended hours license means a license that is granted as a privilege and is subject to revocation at any time, that permits the on-premises sale and consumption of alcoholic beverages between the hours of 2:00 a.m. and 4:00 a.m. Sunday through Thursday and 2:00 a.m. to 6:00 a.m. Friday and Saturday.

Family.

(1)

The term "family" means any number of persons living together as a single housekeeping unit, whether legally related to each other or not. The persons constituting a family may also include gratuitous guests and domestic servants.

(2)

The term "family" does not include paying guests.

Family day care home means an occupied residence in which child day care is regularly provided for no more than five preschool children from more than one unrelated family and which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit. The maximum number of five preschool children includes preschool children living in the home and preschool children received for day care who are not related to the resident caregiver. Elementary school siblings of the preschool children received for day care may also be cared for outside of school hours, provided the total number of children, including the caregiver's own and those related to the caregiver, do not exceed ten.

Fire protection facilities means a building or complex of buildings that house the offices and services of an organized body of people trained and employed to extinguish fires.

Fireworks means those combustible or explosive items defined in F.S. § 791.01(4)(a) which are prohibited for sale at retail. Any plot upon which a facility for the manufacture, storage or distribution of fireworks or explosives shall not be located within 2,000 feet of any residentially zoned district. The minimum plot size for any use shall be five acres.

First floor level.

(1)

The term "first floor level" means the lowest habitable floor area of a building.

(2)

The term "first floor level" does not include parking garages or floor areas devoted exclusively to mechanical equipment used to energize, heat, cool or otherwise service the building in which it is located.

Floor area.

(1)

Where a specified minimum floor area is required in this chapter for a dwelling, the term "floor area" means in the total gross area within the external perimeter of the exterior enclosing walls, including Florida rooms, sun rooms and utility rooms which are fully enclosed and directly accessible from the interior of the dwelling, but excluding other utility rooms, unenclosed porches, terraces or breezeways, and carports or garages.

(2)

For nonresidential buildings, the term "floor area" means the total floor area within the exterior enclosing walls, including interior partitions and tenant separation walls. The floor area of upper mezzanines, lofts and second stories shall be included, provided the ceiling height of such areas are at least seven feet.

Food service establishment.

(1)

The term "food service establishment" means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term "food service establishment" also includes delicatessen-type operations that prepare sandwiches, salads and other food intended for individual service.

(2)

The term "food service establishment" does not include private homes where food is prepared or served for individual family consumption.

Foster care home.

(1)

The term "foster care home" means a home licensed by the state department of children and families or other government agency which provides residential services and supervision for no more than eight individuals who are unrelated to the resident houseparent.

(2)

The term "foster care home" does not include foster care homes with three or less children aged two or under and shall be excluded from this chapter.

Friction or lap dancing means the use by an employee, whether clothed or partially or totally nude, of a part of his body to touch, massage, rub, stroke, caress or fondle the genital or pubic area of a person while at the establishment, or the touching of the genital or pubic or genital area of an employee by a person while at the establishment. It shall be considered a friction or lap dance regardless of whether the touch or touching occurs while the employee is displaying or exposing a specified anatomical area. It shall also be considered a friction or lap dance regardless of whether the touch or touching is direct or through a medium.

Frontage of a building means the side or wall of a building approximately parallel and nearest to a street.

Frontage of property means the plot line which abuts a street or separates the plot from a street.

Garage, private, means an accessory structure designed or used for inside parking of self-propelled private passenger vehicles by the occupants of the main building.

Garbage means every waste accumulation of animal or vegetable matter which attends the preparation, use, cooking, processing, handling or storage of meats, fish, fowl, fruits, vegetables or other organic matter, which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as a breeding or feeding material for flies, insects or animals.

Governmental administration means a building or complex of buildings that house the administrative offices of any department, commission, district, authority, board, independent agency or instrumentality of the United States, the state, county or any other governmental unit.

Grouped buildings means two or more buildings for dwelling purposes erected or placed on the same plot.

Guyed tower means a wireless communication tower that is supported, in whole or in part, by guy wires and ground anchors.

Habitable room area means the total floor area of a dwelling unit excluding closets, bathrooms, garages, utility rooms, storage areas and rooms not accessible from the interior of the dwelling unit.

Hazardous substances means any substance or material which, by reason of its toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health or safety of any person handling or using or otherwise dealing with such material or substances.

Health clinic means a public or private facility, which staff includes state-licensed physicians and nurses, who provide health-related services or treatments designed to prevent medical problems, maintain a healthful condition or restore an individual to a condition of health.

Height of building means the vertical distance from the crown of the adjacent road to the highest point of the structure being measured.

Holiday wayside stand means a temporary outside sales location for the retail sale of holiday items associated with the particular holiday for which the location is established, and not associated with or part of any existing use on the plot upon which it is located.

Home office.

(1)

The term "home office" means an office designed for and operated as a business location in a dwelling unit, and carried on by persons residing in the dwelling unit involving only written correspondence, phones, computers or other common office equipment, and which is clearly incidental and secondary to the use of the dwelling for residential purposes.

(2)

The term "home office" does not include any business operation which requires or permits customers or patrons to visit the dwelling.

Hospital means an institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hotel means a public lodging establishment where access to the rooms is primarily through an inside lobby.

Household pet means an animal kept for pleasure, rather than for utility, by a family, within the family's dwelling unit or on the same plot as the family's dwelling unit.

Impervious means any nonorganic material which prohibits penetration by liquids or other soluble materials.

Industrially zoned property means any land or water area whose zoning district classification is M-1 or M-2 under this chapter.

Junk items means wrecked, dismantled, partially dismantled or discarded items including, but not limited to, tires, machinery, appliances, plumbing fixtures, household items, unusable construction materials, and other similar items which are inoperable, unusable or in deteriorated condition.

Junk property means junk items, junk vehicles and junk vessels, as those terms are defined in this section.

Junk vehicles and vessels means vehicles, trailers or vessels which are wrecked, dismantled, partially dismantled or discarded, and which are inoperable or in a severely deteriorated condition.

Junkyard.

(1)

The term "junkyard" means a place, structure or lot where junk, waste, discarded salvage, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, sold or exchanged, baled, packed, disassembled or handled, including auto wrecking yards, used lumber yards, house wrecking yards and yards or places for storage or handling of salvaged house wrecking and structural steel materials.

(2)

The term "junkyard" does not include pawnshops and establishments for the sale, purchase or storage of usable secondhand cars, salvaged machinery, used furniture, radios, stoves, refrigerators or similar household good and appliances. The term "junkyard" does not apply to the processing of used, discarded or salvaged materials as part of manufacturing operations.

Kennel means any place or premises where dogs or cats are boarded or bred for commercial gain. Boarding or breeding kennels shall not be permitted on any plot which is contiguous to any residentially zoned district, or separated only by a street, alley or canal.

Kitchen means a room or area within a building used primarily for providing food storage and food preparation which contains at least a sink, refrigerator and conventional gas or electric cooking facilities.

Land, platted, means any land recorded by plat in the official records of the county.

Land, unplatted, means any land or part thereof not recorded by plat in the official records of the county.

Library means a building or room in which literary, musical, artistic or reference materials, such as books, manuscripts, recordings, films, paintings, etc., are kept for public use.

Litter means discarded paper, paper or plastic products, and containers of any kind.

Livestock means grazing animals, such as cattle, horses, sheep, swine, goats, other hoofed animals, ruminants, ostriches, emus and rheas.

Lot means a parcel or tract of land designated and identified as a single unit of area in a subdivision plat officially recorded in the official records of the county.

Massage establishment means any shop, parlor, establishment or place of business wherein all or any one or more of the following named subjects and methods of treatments are administered or practiced:

(1)

Oil rubs, salt glows, hot or cold packs, all kinds of baths, including steam rooms, cabinet baths, sitz baths, colon irrigations, body massage, either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy), applying such movements as striking, friction, rolling, vibration, kneading, cupping or rubbing.

(2)

Nothing in this chapter shall be construed as applying to state-licensed barbers, cosmetologists, manicurists, pedicurists, physical therapists, physical therapists' assistants, midwives, practical nurses, agents, servants or employees in licensed hospitals or nursing homes or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, or as an accessory use to fitness centers or gymnasiums, or their agents, servants or employees acting in the course of such agency, service or employment.

Master development plan means a plan which provides a development schedule, provisions for the method of administration of all common open space, and a statement that appropriate covenants shall be included in all conveyances requiring the maintenance of private open space for the purposes intended.

Medical director: The physician licensed by the State of Florida with a full, active and unencumbered license under F.S. Ch. 456 or 459 who shall be the designated physician responsible for complying with all requirements to the permitting and operation of the pain management clinic as defined by F.S. § 458.3265(1)(c).

Microwave dish antenna means a dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data.

Mobile collection center means a trailer or mechanical depository used for the collection and temporary storage of aluminum cans or other aluminum products, paper or clothing material.

(1)

No mobile collection center shall be closer than:

a.

100 feet from any residentially zoned plot; or

b.

50 feet from any street.

(2)

Only one trailer shall be located on a single plot.

(3)

No trailer shall exceed 40 feet in length.

(4)

There shall be a 1,000-foot separation between mobile collection centers. Such separation shall be measured by following a straight line between the points of each mobile collection center closest to each other.

Mobile food unit means a vehicle-mounted food services establishment which is self-propelled or otherwise movable from place to place; which use is limited to the preparation and sale of frankfurters and related condiments; which meets all applicable requirements of F.A.C. ch. 61C-4, including, but not limited to, F.A.C. 61C-4.010, 61C-4.016 and 61C-4.023 (and relevant amendments thereto) and this Code of Ordinances; and that does not remain in any one location for more than eight hours or overnight. A mobile food unit shall be subject to the following conditions:

(1)

It shall be located within five feet of the primary building;

(2)

It shall remain on private property with the consent of the owner;

(3)

It shall submit proof of compliance with all applicable state laws and requirements;

(4)

It shall provide proof of general liability insurance coverage in the minimum amount of $300,000.00, which includes product liability.

Modeling and lingerie studio means an establishment which offers persons the opportunity to photograph models which are clothed in lingerie or which offers encounter sessions with models which are clothed in lingerie.

Monopole tower means a wireless communication tower consisting of a single pole or spire self-supported by a permanent foundation, constructed without guy wires and ground anchors.

Mooring pilings means any appliance used to secure a vessel, other than to a pier or dock, which is not carried aboard such vessel as regular equipment when underway.

Motel means a public lodging establishment where access to the individual units is primarily from the exterior of the building and parking facilities for use of guests are near their quarters.

Motor vehicle means any vehicle propelled by other than muscular power.

Museum means a building or room devoted to the procurement, care, study or display of antiques, objects of historical, scientific or cultural interests, or other objects of lasting interest or value.

Neighborhood means a contiguous group of buildings and uses:

(1)

Separated from other groups of buildings and uses by boundaries such as waterways, major arterials or expressways, or municipal boundaries; or

(2)

Whose occupants and/or owners are part of an established homeowners' or business owners' association.

Nightclub means a restaurant, dining room, bar or other similar establishment providing food and beverage for consumption on the premises wherein floorshows or other forms of live entertainment by persons are provided for guests, not necessarily during food or beverage consumption on the premises.

Nonconforming structure means a structure or portion thereof, legally existing at the effective date of the ordinance from which this chapter is derived, or any amendments thereto, which does not comply with dimensional requirements such as setbacks, heights, buffers, plot coverage, amount of off-street parking, etc., and which may or may not be used for a nonconforming use.

Nonconforming uses means the use of a structure or premises, existing at the effective date of the ordinance from which this chapter is derived, or any amendment thereto, for any purpose not permitted for a new use in the district in which it is located.

Nonprofit neighborhood social and recreational facility means a building or plot of land devoted entirely to providing social activities and services only for the residents, and their guests, of the subdivision or neighborhood where the building or plot is located.

Nonresidential zoning districts means all zoning districts except R-1B, R-1C, R-2, R-3, R-3U, R-5, RS-4 and RS-5.

Not-for-profit corporation means a corporation of which no part of the corporate income is distributable to its members, directors or officers as defined by F.S. ch. 617.

Nursing home means an establishment, which staff includes state-licensed physicians and nurses, where nursing care, personal care, or custodial care is provided to three or more unrelated persons who are unable to care for themselves properly by reason of illness, physical infirmity or advanced age, and is licensed pursuant to state law.

Occupied includes arranged, designed, built, altered, converted, rented or leased or intended to be occupied.

Off-street parking.

(1)

The term "off-street parking" means the temporary, transient storage of operable private passenger vehicles used for personal transportation, while their operators are engaged in other activities, in an area designated for such purposes, not on a street or other thoroughfare.

(2)

The term "off-street parking" does not include storage of new or used cars for sale, service, rental or any other purpose than specified in subsection (1) of this definition.

Opaque means any nontranslucent, nontransparent, nonliving material which provides a visual barrier from one side to the other.

Open area means a portion of the total site, lot or parcel not including the area covered by buildings and structures.

Outdoor event means a carnival, circus, concert or festival shall be classified as an outdoor event if it has mechanical rides or amplified music or sounds. Commercial promotions, shows, sales and other similar types of events providing entertainment and/or food service shall also be classified as outdoor events. Advertised religious events held outdoors involving mechanical rides, amplified music or sounds or food service shall also be classified as outdoor events.

Overgrown ground cover means grass, weeds and other low-growing plants, except native vegetation that, by the nature of their own horizontal growth habits, cover the ground and which are not regularly cared for and maintained and grow in an uncontrolled manner exceeding six inches in height.

Package store means an establishment where the sale of alcoholic beverages in containers for consumption off the premises is the predominant purpose of the establishment.

Pain management clinic. A type of medical clinic or medical office which is not affiliated with any hospital, hospice or other facility for treatment of substance abuse or of the terminally ill, and provides services by a medical director, which, individually or collectively, are intended to reduce or manage pain through prescription of or dispensing of controlled substances identified in Schedule II, III, or IV in F.S. §§ 893.03, 893.035 or 893.0355, Florida Statutes.

Panel antenna means an array of antennas designed to concentrate a radio signal in a particular area.

Pawnshop means an establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property or the purchase or sale of personal property. It shall also mean any business which makes a public display containing the term "pawn," "pawnbroker," or "pawnshop" or any derivative thereof; and any business which publicly displays a sign or symbol historically identified with pawns.

Person means any individual, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation or any combination thereof, or other entity.

Pharmacy, retail. Retail establishment primarily offering goods for retail sale and on-site dispensing of prescription drugs prescribed by a health care practitioner, nonprescription drugs or both. A retail pharmacy may also offer accessory services such as photo processing, eyeglass care, etc.

Phase means a specified portion of a planned development that may be developed as an individual component, as specified within a development schedule.

Place of worship means a building or part thereof, designed and arranged for religious services, on land held in fee simple ownership or on a long-term lease, a minimum of five years duration, by a chartered religious organization, which utilizes the building for regular, continuing religious services. Places of worship in permitted nonresidential zoning categories shall be limited to freestanding buildings on plots having a minimum one net acre with 150 feet of street frontage. No place of worship shall be located within 1,000 feet of any alcoholic beverage establishment.

Planned development means an area of land developed as a single entity or in phases in conformity with a master development plan.

Plat means the subdivision of property as recorded in the official records of the county.

Plot means land occupied or to be occupied by a building or use, and their accessory buildings and accessory uses, together with such yards and open spaces as are required by this chapter. A plot may consist of one or more, or portions of a platted lot and/or unplatted land.

Plot, corner, means a plot of which at least two adjacent sides abut for their full length upon a street, provided that such two sides intersect at an interior angle of not more than 135 degrees. Where a plot is on a curve, if tangents through the intersections of the lot lines with the street lines make an interior angle of not more than 135 degrees, such a plot is a corner plot. In the case of a corner plot with a curved street line, the corner shall be considered to be that point on the street line nearest to the point of intersection of the tangents described in this definition.

Plot, interior, means a plot other than a corner plot.

Plot, through, means a plot abutting on two streets, not at their intersection, if any, which may be either a corner or interior plot.

Plot depth means the mean horizontal distance between the front and rear plot lines.

Plot width means the horizontal distance between the side plot lines at the depth of the required front yard.

Plot line, front, means the line dividing a plot from a street or base building line, whichever will result in a lesser depth of plot. On a corner plot, the shorter of the two front lines as defined shall be considered to be the front plot line for the purposes of determining required plot width and required front yard depth. On a corner plot where both front plot lines as defined are equal or within five feet of the same length, both such lines shall be considered to be front plot lines for the purposes of determining required street yard depth. On through lots, both front plot lines as defined shall be considered to be front plot lines for the purpose of determining required yards.

Plot line, rear, means the plot line opposite and most distant from the front plot line. In the case of a triangular or gore-shaped lot wherein the two side plot lines converge in the rear, the rear plot line shall be considered to be a line ten feet in length within the plot parallel to and at the maximum distance from the front plot line.

Plot line, side, means any plot line other than a front or rear plot line. A side plot line separating a plot from a street is called a side street plot line. A side plot line separating a plot from another plot is called an interior or side plot line.

Plot line, street or alley, means a plot line separating the plot from a street or alley.

Police protection facilities means a building or complex of buildings that house the offices and services of a state, county or municipal police force responsible for keeping public order.

Porch means a roofed-over space attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure.

Portable storage units means any container designed for the outdoor storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by a vehicle.

Poultry means any chickens, turkeys, ducks, geese, peafowl or guinea fowl.

Principal building means a building occupied by and devoted to a permitted principal use.

Private performance means the display or exposure of a specified anatomical area at an adult entertainment establishment for a person other than another employee while the person is in an area within the establishment not accessible during such display or performance to other persons in the establishment, or while the person is in an area in which the person is screened or partitioned during such display from the view of other persons within the establishment.

Private property means all lands and water areas owned by other than a municipality, county, state or federal government or any of its subdivisions.

Property owner means the person or entity holding title to real property as indicated in the current tax roll of the city, unless the city has actual knowledge that a person or entity other than the person or entity shown on the tax roll is the actual owner.

Public lodging establishment means any group of rooms or dwelling units within a single building or on a single plot of record held in single ownership, which are rented to transient guests more than three times in a calendar year, which are advertised to the public as a place regularly rented to transient guests, and which are required to maintain a guest register and post room rates in each room or dwelling unit rented and be inspected and licensed by the state division of hotels and restaurants of the department of business and professional regulation in accordance with F.S. ch. 509.

Public property.

(1)

The term "public property" means all streets, canals, waterways, lands, and improvements owned by a governmental agency including, but not limited to, rights-of-way.

(2)

The term "public property" does not include the campus of any institution of the state university system.

Pyrotechnical items means those items not defined as "fireworks" pursuant to F.S. § 91.01(4)(b) and (4)(c) which are permitted to be sold at retail in accordance with the provisions of this chapter.

Recreational vehicle means one of the following:

(1)

The term "camping trailer" means a vehicular, portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle, and unfold at the site to provide temporary living quarters for recreational, camping or travel use.

(2)

The term "truck camper" means a truck equipped with a portable unit, designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping or travel use.

(3)

The term "motor home" means a vehicular unit which does not exceed the length and width limitations provided in F.S. § 316.515, is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping or travel use.

(4)

The term "park trailer" means a transportable unit in a travel trailer park which has a body width not exceeding 12 feet and is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior walls at the level of maximum dimensions and including any bay window that extends to the floor line, does not exceed 500 square feet. The length of a park trailer means the distance from the exterior of the front of the body (nearest the drawbar and coupling mechanism) to the exterior of the rear body (at the opposite end of the body), including any protrusions.

(5)

The term "off-road vehicle" means a motorized vehicle designed and intended solely for recreational activities and not as a means of transportation on public streets.

(6)

The term "travel trailer" and "fifth-wheel travel trailer" means a vehicular, portable unit mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use. It has a body width of no more than 8.5 feet and an overall body length of no more than 40 feet when factory-equipped for the road.

Recycling facility means a place, other than an auto wrecking or auto salvage yard, where used or discarded materials are sorted, dismantled, baled or packaged, and subsequently either sold or processed for use as new materials or products.

Region means a broad geographical area encompassing at least several contiguous neighborhoods, municipalities or a combination of either or both.

Rehabilitation center means a public or private facility which provides specialized services or treatment designed to restore an individual to a condition of health or useful and constructive activity.

Remodeling, redecorating or refinishing means any change, removal, replacement or addition to walls, floors, ceiling and roof surfaces or coverings which do not support any beam, ceiling, floor load, bearing partition, columns, exterior walls, stairways, roof or other structural elements of a building or structure.

Residence means a building, or part thereof, designed and used as the primary dwelling place for persons, that contains living, sleeping, kitchen and sanitary facilities.

Residentially zoned district means the following districts: RS-4, RS-5, R-1B, R-1C, R-2, R-3, R-3U and R-5, which shall constitute residentially zoned districts in the city.

Resort means a public lodging establishment which provides recreational facilities and entertainment for guests. The term "resort" also include facilities which provide physical or psychological therapeutic services in conjunction with recreation and entertainment.

Restaurant means a building or room, not operated as a dining room in connection with a hotel, where food is prepared and served for pay and consumption on the premises.

Retail store means a commercial establishment for the sale of merchandise directly to the ultimate consumer.

Right-of-way, private.

(1)

The term "private right-of-way" means that area privately owned but dedicated and/or used for street purposes, including but not limited to roadways, swales, bike paths and sidewalks, by the residents of the community.

(2)

The term "private right-of-way" excludes parking lots and their access roads.

Right-of-way, public, means all that area dedicated to public use or otherwise owned by a public agency for public street purposes and shall include, but not be limited to, any public streets, roadways, swales, bike paths and sidewalks.

Roofline means the top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

Room means an unsubdivided portion of the interior of a building, having a floor area of 80 square feet or more, intended or adapted for living, sleeping, working or storage purposes.

Secondhand dealer means an establishment which deals in the purchase of personal property and/or the sale of previously used merchandise including but not limited to gold, jewelry, furniture, clothing and equipment (not including vehicle parts and/or accessories). These stores are commonly referred to consignment, cash for gold and thrift stores.

Self-support/lattice tower means a wireless communication tower that is constructed without guy wires and ground anchors.

Service station means any building or land used for retail sales and dispensing of automobile fuels and oils. A service station may furnish convenience products, supplies, equipment and automobile repair services, including tires, to private passenger vehicles incidental to sale and dispensing of automobile fuels and oils.

Setback means the minimum distance between a plot line and any part of any building or structure on the plot.

Shopping center means a group of three or more individual tenant spaces in a nonresidential building, each of which share at least one common wall with another unit.

Shopping center outparcel means a commercial building, which provides its own required parking, landscaping and pervious areas, which is contiguous on at least two sides to a shopping center.

Side yard, street, means a yard extending between a front and rear yard which directly abuts a street.

Special exception means permitted uses in zoning districts subject to the approval of the city commission. These uses are considered basically suitable for the district in which they are listed, but the character and nature of the uses are such that they may necessitate controls and safeguards on the manner of establishment and operation which, by being determined by the city commission at a public hearing, would better serve the interests of the community and the owners of the property in question.

Special magistrate means a person with the authority to hold hearings and assess fines against violators of the city codes pursuant to adopted ordinances of the city commission.

Specified anatomical area.

(1)

The term "specified anatomical area" means:

a.

Less than completely and opaquely covered:

1.

Human genitals and pubic region;

2.

Cleavage of the human buttocks;

3.

Portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola. The term "specified anatomical area" includes the entire lower portion of the female breast; or

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(2)

The term "specified anatomical area" does not include a portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed.

Specified sexual activity means:

(1)

Human genitals in a state of sexual stimulation or arousal or tumescence;

(2)

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse or sodomy;

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breasts;

(4)

Excretionary functions as part of or in connection with the activities set forth in subsections (1), (2) and (3) of this definition; or

(5)

Friction or lap dancing.

Stealth facility means any wireless communication facility which is designed to blend into the surrounding environment. The term "stealth facility" includes architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and wireless communication and/or personal wireless services towers designed to look like light poles, power poles or trees.

Story means a habitable area of a building horizontally enclosed by the exterior walls of the building, with a vertical clearance between the floor and ceiling of at least 7½ feet. For the purposes of determining the height of a building, a story shall be considered to be every ten feet of building height above the first floor level, measured from the exterior elevation. For purposes of determining the height of a structure other than a building, a story shall be each ten feet in height of the structure above the established grade.

Street means a public thoroughfare or any other vehicular accessway that has been or is intended to be dedicated for public use in the city, for the purpose of providing access to and from abutting properties.

Street line means the right-of-way line of a street or the base building line, whichever will provide for a greater width of street.

Structural alteration means any change, except for repair or replacement, in supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected, which requires location on the ground or attached to something having location the ground.

Swale means that portion of a public right-of-way intended to provide drainage which lies between private property and the actual pavement of the public right-of-way.

Swimming pool chemicals means all swimming pool chemicals, including prepackaged chemicals, except bulk quantities of sodium hypochlorite, shall be dispensed and stored within a structure or enclosure approved by the county department of urban planning and redevelopment, development management division.

Temporary building means a building placed in whole or in sections, containing minimal foundations, and has self-contained heating and/or air conditioning or does not meet city construction standards.

Temporary living quarters and seasonal or temporary living quarters means, in reference to recreational vehicles placed in recreational vehicle parks, the relation to the period of time the recreational vehicle is occupied as a living quarter during each year and not to the period of time it is located in the recreational vehicle park. During the time the recreational vehicle is not occupied as temporary or seasonal quarters, it may be stored and tied down, as required by code, on the recreational vehicle site. The affixing of a recreational vehicle to the ground, by way of tie-downs or other removable fasteners, and the attachment of carports, porches, screen rooms and similar appurtenances by way of removable attaching devices shall not render the recreational vehicle a permanent part of the recreational vehicle site.

Tent means any structure or enclosure, the roof of which and/or one half or more of the sides, are silk, cotton, canvas, fabric or light material.

Timeshare means transient lodging to interval unit owners with no unit therein occupied by the same tenant or group of tenants in excess of 90 days within any 12-month period. As an enforcement mechanism for this requirement, the timeshare operator shall keep the register required in the definition of the term "public lodging establishment," available for inspection by the city, upon written request, for a minimum of 12 months.

Townhouse.

(1)

The term "townhouse" means a one-family dwelling constructed as part of a series or group of attached dwellings with a common party wall or fire separation wall connecting each dwelling unit and with a property line running through the center of the common party wall or fire separation wall.

(2)

The term "townhouse" does not include dwellings attached only by an open breezeway or other unroofed wall or fence.

Trailer means a manufactured structure inspected, approved and licensed by the state department of motor vehicles, constructed so as to permit occupancy thereof as sleeping or living quarters, or use for storage or conveyance for tools, equipment or machinery on a construction site, and so designed that it is or may be mounted on wheels and conveyed on highways and streets, propelled or drawn by other motive power from one location to another.

Transit-oriented corridor means a mixed-use zoning category which includes residential, nonresidential, open space and transit amenities with access to transit stops.

Translucent means any material which allows the passage of light, but does not permit a clear view of any object or person.

Transportation facilities means all such facilities which provide for mass public transportation or freight services.

Trash means every waste accumulation of sweepings, dust, rags, cartons or any other such discarded material, except garbage, junk and litter.

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

Use orused means the establishment of a new use, or any expansion or change of an existing use, of a building, structure or part thereof, or of any land or water area.

Use of land includes use of water surfaces and land under water to be the extent covered by zoning districts, and over which the city has jurisdiction.

Use, nonresidential, means any use other than a residential use.

Use, principal or main, means the primary use of the plot as distinguished from secondary or accessory uses. There may be more than one principal or main use on a plot.

Use, residential, means a use which constitutes the occupancy of a building for dwelling purposes, either permanently or temporarily, except for hotels, motels, timeshares or other public lodging establishments.

Used vehicle sales means any motor vehicle for which the title has been transferred, at least once, by a manufacturer, distributor, importer, or dealer to an ultimate purchaser. Used vehicle sales shall be considered an accessory use as defined in this chapter and shall not comprise more than ten percent of all vehicle sales on the premises.

Vacate or vacation means to abandon, discontinue or close any existing public street, alleyway, easement or any public lands and waterways to renounce and disclaim any right of the city and the public in and to any land in connection therewith.

Variance or general variance means a modification of, or deviation from, the regulation of this chapter which is authorized and approved by the city commission after the city commission finds that the literal application of the provisions of this chapter would cause unnecessary hardship or practical difficulty in the use or development of a specific plot or building.

Vehicle sales and rental means an establishment that is engaged in the retail or wholesale or rental from the premises, of motorized vehicles or mobile homes, along with incidental service or maintenance. Typical uses include new and used (except as the term "used" is defined in this section) automobile sales, automobile rentals, boat sales, boat rental, mobile home manufactured housing, recreational vehicle sales and moving trailer rental.

Vessel means every kind, type and description of boat, ship, watercraft or airboat, used or capable of being used as a means of transportation on water, other than seaplanes.

Warehouses, self-storage, means warehouses that are only used for self-storage. No businesses shall be permitted to operate from, or be licensed at the facility. No personal activities, such as, but not limited to, hobbies, arts and crafts, woodworking, repair, restoration or maintenance of vehicles, machinery or equipment, etc., shall be permitted.

Waterway means a stream, canal or body of water, dedicated to public use, publicly owned, or used and available for public travel by boats, not including privately owned bodies of water or drainage ditches.

Whip antenna means a cylindrical antenna that transmits signals in 360 degrees.

Wholesale store means a commercial establishment primarily for the sale of merchandise directly to the ultimate consumer, but which also provides for the resale of new merchandise to other commercial enterprises as an accessory use.

Wildlife pets.

(1)

The term "wildlife pets" includes only those animals that have been designated as endangered species, threatened species, or species of special concern by the state or federal government.

(2)

The term "wildlife pets" does not include any dangerous or poisonous animal of the reptile or amphibian species.

Wireless communication facility means an antenna, stealth facility or wireless communication tower.

Wireless communication tower means a guyed, monopole or self-support/lattice tower, constructed as a freestanding structure, containing one or more antennas, used in the provision of personal wireless services, excluding radar towers, amateur radio support structures licensed by the Federal Communications Commission (FCC), private home use of satellite dishes and television antennas and satellite earth stations installed in accordance with applicable codes.

Yard means a space on the same plot with a structure or use, open and unobstructed from the ground to the sky except by encroachments specifically permitted in this chapter. Yard measurements shall be the minimum horizontal distances. Yards shall extend and be measured inward from the respective plot lines.

Yard, front, means a yard extending across the full width of the plot between the front plot line and the nearest line of the main use or main building on the plot.

Yard, rear, means a yard extending across the full width of the plot between the rear plot line and nearest line of the main building.

Yard, required, means the minimum yard required by the zoning resolution. Any yard space supplied in excess of the minimum amount specified shall not be deemed to be a required yard.

Yard, side, means a yard extending from the front yard to the rear yard, between the side plot line and the nearest line of any building or use on the plot. The width of a side yard shall be the shortest distance between the side plot line and the nearest use or building on the plot.

Yard sale means the sale of a residential occupant's personal or household belongings to the public from the occupant's residence, either inside or outside of the building.

(Ord. No. 2007-02, exh. A, § 4, 2-21-2007; Ord. No. 2007-11, §§ 2—4, 8-1-2007; Ord. No. 2007-13, § 2, 9-5-2007; Ord. No. 2008-03, § 2, 11-19-2008; Ord. No. 2008-09, § 2, 11-19-2008; Ord. No. 2009-05, § 2, 6-17-2009; Ord. No. 2012-01, § 2, 2-1-2012; Ord. No. 2012-06, § 2, 6-20-2012; Ord. No. 2019-10, § 2, 1-15-2020)

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

Abandoned sign means any sign which no longer pertains to any person, organization, product, service, activity or business located on or available at the premises where such sign is displayed; any sign which no longer contains a message; and/or any sign in a state of disrepair.

Animated sign.

(1)

The term "animated sign" means a sign which utilizes motion of any part by any means, including wind power, or displays color changing, flashing, oscillating or intermittent lighting, electronic messages or moving images, or which emits visible smoke, vapor, particles, noise or sounds.

(2)

The term "animated sign" does not include changeable copy signs, as defined herein.

Area of sign.

(1)

The term "area of sign" means the total area of each sign face which may be used to display copy, including background. Where a sign is composed of individual letters, characters or symbols applied directly to a building, canopy, marquee, mansard, fascia, facade, parapet, awning, wall or fence, the area of the sign shall be the smallest rectangle, triangle or circle which will enclose all of the letters, characters or symbols. The area of a double-faced sign shall be the total area of each sign face.

(2)

The term "area of sign" does not include the frame and structural supporting elements.

Awning or umbrella means a shelter made of fabric, plastic, vinyl or other nonrigid material supported by a metal frame.

Awning sign means a sign that is painted, stitched, stamped, perforated, painted or otherwise affixed to an awning or umbrella.

Balloon sign means a temporary, three-dimensional sign of nonrigid material, inflated by air or other means to a point of semirigidity and used for advertising purposes, with or without copy.

Banner or pennant sign means a sign, with or without a frame and with or without characters, letters, symbols or illustrations, made of cloth, fabric, paper, vinyl, plastic or other nonrigid material for the purpose of gaining the attention of persons.

Bench sign means any sign painted on or affixed to a bench or to a shelter for persons awaiting public transportation.

Billboard sign means a sign which directs attention to a business, commodity, service, product, activity or ideology not conducted, sold, offered, available or propounded on the premises where such sign is located and the copy of which is intended to be changed periodically.

Box or cabinet sign means any sign, other than a banner or pennant sign, the sign face of which is enclosed, bordered or contained within a boxlike structure or cabinet or other similar device.

Building frontage means the wall extending the length of the building or lease lines of any building, the legal use of which is one of commercial or industrial enterprise and including the location of public entrances to the establishment.

Building identification sign means a sign listing at least the numerical prefix of the street address and, in certain cases, the bay, suite or unit number, and/or the name of a building or complex.

Building wall sign means a sign where its entire area is displayed upon or attached to any part of the exterior of a building wall, facade or parapet, approximately parallel to and not more than six inches from the face of the wall upon which it is displayed or attached.

Canopy or marquee means a permanent, unenclosed shelter attached to and extending from a building or a freestanding permanent shelter.

Canopy sign means a sign that is painted on or otherwise affixed to the fascia of a canopy, marquee or mansard roof.

Changeable copy sign means a sign upon which the copy can be changed either manually, electronically or by any other method through the use of attachable letters, numbers, symbols or changeable pictorial panels, and other similar characters, or through internal rotating or moveable parts which can change the visual message without altering the sign face.

Contractor sign means a temporary sign identifying those engaged in construction or remodeling on a building site, including the developer, contractor, subcontractor, architect, engineer or artisans involved in the project.

Copy means the linguistic or graphic content of a sign, either in permanent or removable form.

Directional sign means an identification sign, with or without a directional arrow, designed to direct the public to a facility or service or to direct and control traffic, such as entrance and exit signs, and which does not contain any other commercial advertising.

Directory sign means a sign consisting of an index containing the names of tenants in an office building, shopping center or other multi-tenant complex.

Disrepair, sign, means a state of neglect or dilapidation to the extent that:

(1)

The message of the sign has become obliterated, unreadable or indiscernible and has remained in such a state for at least 120 days; or

(2)

Approximately 25 percent or more of the structural components of the sign are in a visibly bent, broken, leaning or otherwise dilapidated condition.

Double-faced sign means a sign with two sign faces which are parallel to each other and back to back.

Election sign means a sign indicating the name, cause or affiliation of any person seeking office or which indicates any issue or referendum question for which any election is scheduled to be held. The term "election sign" includes, but is not limited to, signs advertising candidates, referendums or any campaign information.

Embellishment means an extension of the sign face which contains a portion of the message or informative content and which is added, modified or removed when the message is changed.

Facade means that portion of any exterior building elevation extending from grade to the top of the parapet wall or eaves along the entire width of the business establishment building frontage.

Fascia means the flat, outside horizontal member of a cornice, roof, soffit, canopy or marquee.

Flag means a piece of fabric, often attached to a staff, containing distinctive colors, patterns or symbols, identifying a government or political subdivision.

Freestanding sign means any self-supported sign not attached or affixed in any way to a building or other structure.

Freestanding wall sign means a sign attached to and erected parallel to the face of a freestanding wall and supported solely by such freestanding wall.

Frontage means the total distance along any plot line abutting a street.

Garage sale sign means a sign to indicate the sale of personal property by the person or family conducting the sale in, at or upon residentially zoned or residentially used property. The term "garage sale sign" includes lawn sales, yard sales or any similar designation.

Gasoline price rate sign means a sign indicating current gasoline and/or petroleum product prices.

General information sign means a sign providing information on the location of facilities or a warning to the public regarding the premises where the sign is located, such as entrance or exit signs, caution, no trespassing, no parking, tow-away zone, parking in rear, disabled parking, restrooms, etc., and containing no commercial advertising.

Grand opening sign means a temporary sign announcing the opening of a newly licensed business not previously conducted at the location by the same person.

Graphic sign means a sign which is an integral part of the building facade in that it is carved in, or otherwise permanently embedded in the facade.

Hanging sign means a sign hung or suspended from a freestanding wood or metal frame, such frame being not higher than five feet, nor wider than three feet.

Holiday or seasonal sign means temporary lighting, garlands, wreaths or other decorations relating to a particular regional or nationally recognized holiday and containing no advertising.

Identification sign means a sign indicating the name, owner, address, use and/or service of a particular activity located on the premises where such sign is displayed.

Illuminated sign means any sign having characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not said lights or tubes are physically attached to the sign.

Individual letter sign means a sign made of self-contained letters that are mounted on the face of a building, parapet, canopy or marquee or secured to a freestanding wall, fence or other structure.

Interior sign means any sign inside a building which is not clearly visible from and not intended to be seen from the exterior of the building.

Internal illumination means a light source concealed or contained within the sign which becomes visible by shining through a translucent surface.

Item of information means each syllable, symbol, abbreviation, broken plane or discontinued odd shape located in any one sign, excluding logos or religious signs.

Logo means a sign consisting only of a symbol used to signify or represent an organization, corporation, business, service or product, whether registered or not.

Mansard roof or wall means a false roof projecting over the front of a building; a sloping section of an exterior wall above the roofline of a building at an angle with the exterior wall from which it extends. It may be covered with roofing material to simulate a roof, but serves as an aesthetic rather than functional purpose.

Menu sign means a sign indicating food items, products, services or activities provided on the premises. Such signs are commonly, but not necessarily, associated with fast-food restaurants at the entrance to drive-through facilities.

Model sign means a sign which designates a particular dwelling unit design which is not for sale, but rather represents other units of a similar design that are for sale.

Monument means a freestanding, self-supporting structure, other than a pole, which is placed directly on the ground, with no visible means of support, the primary purpose of which is to display a sign.

Monument sign means a sign attached to, painted on, or otherwise made part of a monument.

Mural means a graphic, artistic representation painted on a wall, not including graffiti, which contains no advertisement or relationship to any product, service or activity provided, offered or available on the premises.

Nameplate sign means a sign indicating the name, profession, and/or address of a person residing on the premises or legally occupying the premises.

Nonconforming sign means a sign or advertising structure which was lawfully erected and maintained prior to the current provisions of this chapter regulating signs, which by its height, type, square foot area, location, use or structural support does not conform to the city's sign requirements.

Nonilluminated sign means a sign which has no source of artificial or person-made illumination, either directly or indirectly.

Off-premises sign means a sign which directs attention to a business, commodity, service, product or activity not conducted, sold, offered or available on the premises where such sign is located.

Opinion sign means a sign:

(1)

Containing language, wording or an expression not related to the economic interests of the speaker and its audience, such speech generally considered to be ideological, political or of a public interest nature; or

(2)

Indicating belief concerning an issue, name, cause or affiliation which is not scheduled for an election including, but not limited to, signs advertising political parties or any political information.

Outdoor event sign means a temporary sign identifying an outdoor event which is of general interest to the community.

Panel sign means a sign having the sign faces supported between two columns or poles, with no open area between such columns or poles and the sign faces.

Parapet means a false front or wall extension above the roofline of a building.

Pennant sign. See Banner or pennant sign.

Permanent sign means any sign which, when installed, is intended for permanent use. Any sign with an intended use in excess of six months from the date of installation shall be deemed a permanent sign.

Pole sign means a freestanding sign erected upon poles which are visible and wholly independent of any building or other structure for support.

Primary or principal frontage means that building frontage designated by the owner/occupant to be the primary use when the business frontage is on more than one street.

Project sign means a temporary sign announcing a project to be under construction or an intended use of the premises, upon which such sign is located, in the immediate future.

Projecting sign means a sign attached to and supported by a building or other structure and which extends at any angle therefrom.

Public service sign means a sign erected by a governmental authority, within or immediately adjacent to a right-of-way, indicating the location of public or governmentally owned facilities, such as airports, public transportation, hospitals, schools, parks or indicating street names or other messages of public concern.

Real estate sign means a temporary sign erected by the owner or his agent indicating property which is for rent, sale or lease, including signs pointing to a property which is open for inspection by a potential purchaser (open house sign) or a sign indicating "shown by appointment only" or "sold."

Religious sign means a shape symbolizing a religion or religious belief.

Roof sign means a sign erected or placed over or on a roof which is dependent upon the roof, parapet or upper walls of any building for support.

Sales office sign means a sign identifying a construction project sales office.

Sandwich or sidewalk sign means a movable sign not permanently secured or attached to the ground or to a structure and which may have two faces, usually hinged at the top.

Sign means every device, frame, letter, figure, graphic, character, mark, permanently fixed object, ornamentation, plane, point, design, picture, logo, stroke, stripe, symbol, trademark, reading matter or other representation for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.

Sign face means the part of a sign encompassed within a border, frame or cabinet and pertaining to a specific topic, visible from one direction, that is or can be used for communication purposes, including any background material, panel, trim, color or direct or self-illumination that differentiates the sign from the building, structure, backdrop surface or other object, or other sign upon, beside, beneath, above or against which it is placed.

Sign label means a label issued by the city bearing the number of the permit issued for a specifically identified sign.

Sign structure means any structure erected for the purpose of supporting a sign, including decorative cover and/or frame.

Sign width means the horizontal distance, in linear feet, measured along the lower edge of a sign cabinet, box, frame or other surface containing a sign face.

Snipe sign means a sign of any material, including paper, cardboard, wood or metal, which is tacked, nailed, pasted, glued or otherwise affixed to a pole, tree, stake, fence, structure, building, trailer, dumpster or other object, with the message thereon not applicable to the present use of the premises upon which the sign is located.

Strip lighting means lighting in the form of luminous or gaseous tubes used to draw attention to a building or structure, usually outlining a building, or portion thereof, or a sign.

Subdivision sign means a sign indicating the name of a subdivision, neighborhood, cluster of buildings or other subdivision of real property.

Temporary sign means any sign, other than a snipe sign, with an intended use of six months or less.

Traffic control sign means any sign used to control traffic on public streets or private property, such as speed limit, stop, caution, one-way, do not enter, tow-away zone or no parking signs.

Trailer sign means a sign which is designed to be transported, as a trailer is transported, on its own wheels, even though the wheels of such signs may be removed and the remaining chassis placed on or attached to the ground.

Under-canopy sign means a sign permanently affixed to and suspended from the underside of a canopy or marquee.

Use-related informational sign means a sign pertaining to goods, products, services or facilities which are available on the premises where the sign is located, but which are incidental to the main activities therein, including a credit card insignia.

Vehicle sign.

(1)

The term "vehicle sign" means a sign affixed to or painted on a transportation vehicle including automobiles, trucks, boats, trailers, and campers for the purpose of identification or advertisement.

(2)

The term "vehicle sign" does not include vehicle signs required by law signifying licensing information.

Window sign.

(1)

The term "window sign" means a sign located on a window, door or other transparent surface, or within a building or other enclosed structure which is visible from the exterior through a window or other opening intended to attract the attention of the public.

(2)

The term "window sign" does not include merchandise located in a window or interior signs.

(Ord. No. 2007-02, exh. A, § 5, 2-21-2007; Ord. No. 2007-13, § 3, 9-5-2007)

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

Accessway means a private vehicular roadway intersecting a public right-of-way.

Applicant means the owner or the authorized agent of the subject property.

Berm means a linear earthen mound measured from the crown of the road or abutting residential finish floor elevation and has a maximum slope of three to one.

Canopy means the upper portion of a tree consisting of limbs, branches and leaves.

City means the department or division of the city government that the city administrator has designated to enforce article X of this chapter, functional landscaping and xeriscaping.

Clear trunk means the distance between the top of the root ball along the vertical trunk or trunks of a tree to the point at which lateral branching or fronds begin.

Clear wood or gray wood means the portion of the palm trunk which is mature hardwood measured from the top of the root ball to the base of green terminal growth or fronds.

Crime prevention through environmental design (CPTED) means a design approach to reduce crime and fear of crime by creating a safe climate within a building environment.

Diameter breast height (DBH) means the diameter of the tree trunk measured at 4½ feet above grade.

Disturbed land/ground means any land where the original natural vegetation has been removed, displaced, overtaken or raked.

Ecological community means any one of the native vegetative plant communities as the same may be determined pursuant to this Code of Ordinances, as same may be amended from time to time.

Functional landscaping means the combination of living and nonliving materials that, when installed or planted, creates an ongoing system providing aesthetic and environmental enhancement to a particular site and surrounding area.

Ground cover means a low-growing plant that, by the nature of its growth characteristics, completely covers the ground and does not usually exceed two feet in height.

Hedge means a row of evenly spaced shrubs planted to form a continuous, unbroken visual screen.

Irrigation means the method of supplying plant materials with water other than by natural rainfall.

Landscape/landscaping.

(1)

When used as a noun, the term "landscape/landscaping" means living plant materials such as grasses, ground cover, shrubs, vines, trees or palms and nonliving durable materials commonly used in environmental design such as, but not limited to, walls or fences, aesthetic grading or mounding, but excluding paving and structures.

(2)

When used as a verb, the term "landscape/landscaping" means the process of installing or planting materials commonly used in landscaping or environmental design.

Mulch means organic material such as wood chips, pine straw or bark placed on the soil to reduce evaporation, prevent soil erosion, control weeds and enrich the soil.

Native plant species means those plant species indigenous to the ecological communities of South Florida, as indicated on lists provided by the city, or that can be scientifically documented to be native to South Florida.

Open space means all pervious areas of the site.

Pervious areas means any portion of the ground unobstructed by a surface which prevents the natural seepage of water into the ground.

Planting soil means a medium composed of 50 percent sand and 50 percent muck. It must be clear and free of construction debris, weeds and rocks, with a pH between 6.5 and seven.

Shrub means a woody plant with several stems produced from the base which could be maintained in a healthy state at approximately a ten-foot to 12-foot height.

Site-specific plant materials means the use of plant species selected to minimize supplemental irrigation, fertilization and pest control.

Tree means a self-supporting, woody perennial plant, usually with one vertical stem or main trunk, which naturally develops a distinct, elevated crown and provides, at maturity, natural characteristics of the species.

(1)

The term "dicotyledonous tree" (dicot) means a tree having a woody stem and branches and leaves with net venation and having a separate, distinct outer bark which can be peeled from the tree.

(2)

The term "monocotyledonous tree" (monocot) means a palm or a tree having fronds with parallel venation and no true woody bark with a minimum overall natural height of ten feet at maturity.

Turf means the upper layer of soil matted with roots of grass and covered by viable grass blades.

Vegetation means angiosperms, gymnosperms, ferns and mosses.

Vehicular encroachment means any protrusion of a motor vehicle outside of the boundaries of a vehicular use area into a landscape area.

Vehicular use area means an area used for the display or parking of any type of vehicle, boat or construction equipment, whether self-propelled or not, and all land upon which such vehicles traverse.

Vine means any plant with a long, slender stem that trails or creeps on the ground or climbs by winding itself on a support.

Xeriscape means a landscaping method that maximizes the conservation of water by use of site-appropriate plants and an efficient watering system.

(Ord. No. 2007-02, exh. A, § 6, 2-21-2007)