For the purpose of the administration and enforcement of this land development code (LDC), and unless otherwise stated in this LDC, the following rules of construction shall apply to the text of this LDC, unless such construction would be inconsistent with the intent of the LDC:

In case of any difference of meaning or implication between the text of this LDC and any other ordinance or any caption, illustration, summary table or illustrative table, the text of this LDC shall control.

The terms "shall" and "will" are always mandatory, not merely directory, and not discretionary. The term "may" is permissive.

The phrase "used for" includes "arranged for," "designed for," "maintained for," "provided for," "occupied for," or "intended for."

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or," or "either ... or," the conjunction shall be interpreted as follows:

"And" indicates that all the connected items, conditions, provisions, or events shall apply.

"Or" indicates that the connected items, conditions, provisions, or events may apply singularly or in any combination.

"Either…or" indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination.

The term "includes" or "including" shall not limit a term to the specified examples but intends to extend its meaning to all instances or circumstances of like kind or circumstances of like kind or character.

The term "person" includes an individual, corporation, unincorporated association, LLC, LLP, partnership, governmental body or other legal entity.

A term using a specific gender shall extend and apply to all persons.

The term "preceding" means immediately before and the term "following" means next after, respectively.

Terms used in the present tense include the future tense.

Terms in the plural number include the singular number.

Terms in the singular number include the plural number.

Any word or phrase used in this LDC, not specifically defined in this LDC, shall have the dictionary meaning as found in the "Webster's New World College Dictionary" fourth edition, that is most appropriate to the context in which such work or phrase is used.

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

A means agricultural.

Access pier means any fixed or floating structure that provides access from the shoreline to the dock.

Accessory structure means a subordinate structure, the use of which is incidental to that of the principal structure on the same parcel.

Accessory use means an activity, function, or purpose existing on a parcel as accessory or incidental to the principal use. Accessory uses shall not include guest units or any other potentially habitable structure. Habitable structures are considered to be dwelling units as defined below in this section.

ACOE means Army Corps of Engineers.

Addition means any vertical or horizontal walled and roofed expansion to the perimeter of an existing building to which the addition connects by a common load-bearing wall other than a firewall. Any walled and roofed addition, which connects by a firewall or is separated by independent perimeter load-bearing wall, is new construction.

Administrative appeal means a request for review of interpretation of any provision of this Code by the building inspector or zoning official.

Advisory committee. See Commission or Committee.

AE Zone means special flood hazard areas inundated by the 100-year flood; designated on FIRM maps from which base flood elevations are determined.

Affordable housing means residential dwelling units that meet the following requirements:

(1)

All applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of the county; and either subsection (2) or (3) of this definition.

(2)

A dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of that amount which represents either 50 percent (very low income), 80 percent (low income), 100 percent (median income), or 120 percent (moderate income) of the monthly median adjusted household income for the county.

(3)

A dwelling unit occupied only by a household whose total household income does not exceed 50 percent (very low income), 80 percent (low income), 100 percent (median income), or 120 percent (moderate income) of the monthly median adjusted household income for the county.

Agent means any person or entity with authorization to act for or on behalf of another person or entity.

Agricultural fence means a barrier designed to control livestock.

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

Apartment house. See Dwelling, multifamily.

Average existing grade means the number arrived at by adding the corner elevations where the building intersects the ground and dividing by the number of corners. Where no structure exists the average natural grade of the parcel prior to fill.

B&B means bed and breakfast.

B zone means areas subject to the 100-year flood with average depths of less than one foot designated on FIRM maps.

Bar means an establishment where the primary income is on-premises sales of alcoholic beverages totaling more than 50 percent of gross sales receipts, (except as may be otherwise provided in the definition of the term "restaurant" in this section) and includes, but is not limited to, a nightclub, tavern, inn, disco, and dance hall whether or not entertainment is provided.

Barbed wire means strips of interwoven, flexible, metallic strands, without regard to the gauge, with clusters of sharp points added and placed at intervals along the interwoven strips. The term "barbed wire" shall include, but is not limited to, barbed tape, razor wire, razor, tape, and concertina wire.

Basement means that portion of a building having a sub-grade floor on all sides.

Bed and breakfast means a lodging facility licensed under state statutes providing individual sleeping rooms for rental of 31 days or less, and providing one or more meals or central cooking facilities.

BFE means base flood elevation.

Block means a group or tier of parcels of record existing within a plat with well-defined and fixed boundaries, usually surrounded by streets or other mapped boundaries and having an assigned number, letter, or other identification.

Board of adjustment (BOA) means board created by section 18-139.

Boat basin means an area cut into the shoreline of the river, a canal, or island, partially surrounded by land, often partly manmade or dredged to a greater depth, where boats may be moored.

Boat dry storage facility means a structure designed for the horizontal storage of more than two vessels on vertical or horizontal racks.

Boat ramp means any manmade or improved structure allowing water ingress or egress for launching or retrieving a vessel.

Boat slip means any fixed or floating structure that provides a place to moor a vessel, created by the construction of a dock or finger piers from the dock. For a single-family dwelling, a dock and terminal platform constitute one or more boat slips depending on configuration.

Boathouse means any fixed or floating structure with a roof that provides ingress or egress to the water by a vessel and allows for storage of a vessel, in a wet or dry configuration, for the property owner, but not for dwelling purposes.

Buffer means land area used to physically and visibly separate one use from another or to shield or block noise, lights, or other nuisances. Buffer strips may be required to include fences or berms, as well as shrubs and trees.

Buildable acre means that land within the property boundary lines lying landward of the ordinary high water line for fresh water or mean high tide line for tidal waters, minus jurisdictional or isolated wetlands, and minus submerged lands.

Building means any structure, either temporary or permanent or part thereof, except a fence or wall, used or built for the enclosure or shelter of persons, animals, vehicles, goods, merchandise, equipment, materials or property of any kind. This definition of the term "building" shall include tents, dining cars, trailers, manufactured homes, sheds, garages, carports, animal kennels, storerooms, or vehicles serving in any way the function of a building as described herein.

Building envelope means the outermost surfaces forming the complete enclosure of a building.

Building height. See Height.

Bulkhead line means the line defined by a constructed wall, barrier, or partition built parallel to the shoreline, the purpose of which is to protect the shore from erosion or destruction by wave or tidal action.

Canal means any manmade or improved water channel cut back from the normal shoreline of the body of water, serving more than two residential or commercial parcels.

Capacity means the maximum lawful occupancy level of designed use of any structure, or part thereof, as determined by the town's adopted LDC or building code and expressed in terms of occupants, seats, persons, employees, or other units specified by the LDC or building code.

Caretaker means a person or family living in the dwelling unit on a commercial or light industrial parcel and can include the proprietor, owner, manager, agent, maintenance, and security if living on-site either full or part-time.

Caretaker unit means a single-dwelling unit located in, beside, above, or below the business operation and the occupant that directly supports or provides maintenance or security for the business operation.

Catwalk means any fixed or floating structure, immediately adjacent to or inset in a dock, that allows safe embarkation to or from a vessel.

CEO means code enforcement official.

Church. See Place of assembly for worship.

CIE means capital improvement element.

Clear cutting means a forestry/logging practice in which most or all trees in an area are uniformly cut down.

Clear visibility triangle (vision triangle) means on a corner lot there shall be no structure or fence, which materially obstructs the vision of vehicular traffic across the triangular space, bounded by the two intersecting street right-of-way lines and a straight line connecting the two points 25 feet from the intersecting corner of the street right-of-way lines involved.

CMS means concurrency management system.

CN means commercial neighborhood.

Coastal high hazard area means as defined by state statutes, including the area described as below the surge zone of a category one hurricane and including areas designated on FIRM maps as AE, B, and VE Zones.

Coastal AE Zone, numbered, means special flood hazard areas inundated by the 100-year flood; coastal floods with velocity hazards, wave action; and designated on FIRM maps from which base flood elevations are determined.

Coastal VE Zone, numbered, means special flood hazard areas inundated by the 100-year flood; coastal floods with velocity hazards, wave action; and designated on the most recent FEMA maps from which base flood elevation is determined.

Code enforcement officer means any designated employee or agent of the town whose delegated duty is to enforce codes and ordinances enacted by the town.

Combustible trash means any refuse, accumulations of paper, rags, wooden or paper boxes or containers, sweepings, and other accumulations of nature other than garbage, which are usual to housekeeping and to operation of stores, offices, and other business places.

Commencement. See Start of construction.

Commercial means any non-manufacturing, non-industrial business establishment including sale, rental and distribution of products, or performance of service, or hotels, motels, restaurants, wholesale and retail stores.

Commercial fishing means the catching, taking or harvesting of fish, shellfish, crustaceans, or mollusks for profit and necessary support activities such as loading or unloading of commercial fishing equipment, passengers, fish, crustaceans or mollusks, or any other activity customarily related to commercial fishing vessels or associated with commercial fishing.

Commercial freight vehicle means any vehicle used to carry cargo or goods to or from any commercial endeavor, also any semi-tractor or trailer unit.

Commercial nursery, silvicultural system, tree farm means all state-licensed, government, and commercial plant nurseries and botanical gardens shall be exempt from the terms and provisions of this LDC only in relation to those trees that are so planted and grown to be sold or for other public purposes.

Commission means the board appointed by the town to deal with designated issues or, when appropriate to the context, includes any other such commission appointed by a governing body.

Committee means the group appointed by motion or resolution of the council to deal with designated issues or, when appropriate to the context, includes any other such committee appointed by a governing body.

Common wall means a solid wall in a single vertical plane joining two dwelling units but completely separating such units.

Completely enclosed building means a building having a complete, permanent roof and continuous walls on all sides, either party walls or exterior walls, including any customary windows and doors.

Compliance certificate means a certificate issued by the town zoning official certifying compliance with the town LDC authorizing the applicant to proceed with the approved building permitting process.

Comprehensive plan means the town comprehensive plan adopted by the town council and all amendments thereto.

Conditional use means a use that may not be appropriate throughout a district, but which, if controlled as to number, size, location, and/or relation to surrounding areas and subject to additional conditions can be compatible with surrounding uses.

Condominium means a form of ownership of real property, which is created pursuant to state statutes. Condominium dwelling units shall be treated as residential dwelling units to calculate density and allowable uses.

Construction means the building of, or improvement to, any structure or the clearing, filling or excavation of any land, any alterations in the size or use of any existing structure and the clearing or filling of land for agriculture or silviculture and excavation for mining and includes the act of construction or the result of construction.

Construction permit means a permit authorizing construction activities, installation or improvements, issued following the approval of the appropriate submissions.

Contiguous means parcels or uses that share an adjoining boundary. Water bodies and public roads interrupt contiguity of parcels or uses unless the adjoining boundary is located within the water body or road.

Council or the council means the town council of Yankeetown, Florida.

County or the county means Levy County, Florida.

CRC means concurrency review checklist.

CWD means commercial water dependent.

Day means a calendar day.

DBH means diameter breast height.

Density means the number of dwelling units or transient units allocated per buildable acre of land.

DEP means the state department of environmental protection.

Departments means bodies of government authorized by the governing body to control, within specified limits, the various functions performed by the governing body, such as a parks and recreation department, etc.

Developer or applicant means the person or legal entity that applies for approval of development or a subdivision plat, or person duly authorized by the property owner to make such an application.

Development means the carrying out of any building activity, the making of any material change in the use or appearance of any structure, land, or water, or the subdividing of land into three or more parcels and more particularly described in state statutes. The term "development" also means the conversion of existing dwelling units to vacation rental use. Vacation rental use of a dwelling unit requires building permits, inspections, a certificate of occupancy and state licensing.

Development rights (DR) means the ability to construct a dwelling unit based upon acreage restrictions. One development right is one dwelling.

Development rights receiving area (DRRA) means the area between CR40 and CR40A within the residential low-density district where development rights may be transferred to from the residential environmentally-sensitive district.

Diameter at breast height (DBH) means tree trunk diameter at breast height which is 4½ feet above ground level.

District. See Zoning district.

Dock means a platform extending from a seawall, the shore, or detached from the land including any floating structure, boatlift, mooring piling, or any area adjacent thereto, designated to be capable of use for mooring vessels and/or for other water-dependent recreational activities. A dock is attached to or supported by piles or pillars and has no sides or roof.

Dock, commercial, means any dock used for commerce or trade and operated for profit.

Dock footprint means the sum of the surface area of a dock that is located water ward of the mean high water line or ordinary high water line and preempts submerged lands.

Dockominium means a condominium form of ownership of mooring spaces, slips, or docks.

DOH means the state department of health.

DR means development rights.

Dripline means an imaginary, perpendicular line that extends downward from the outermost tips of the tree branches to the ground.

Driveway means a private road connecting a house, garage, or other building with the street including the designated access point at the intersection of the street.

DRRA means development rights receiving area.

Dwelling. See Dwelling unit.

Dwelling, attached, means a residential dwelling unit consisting of one or more of residential units that are developed without open yards on all sides of the dwelling unit.

Dwelling, detached, means an individual residential dwelling that is developed with open yards on all sides of the dwelling unit but not including mobile homes or recreational vehicles.

Dwelling, multiple-family, means a building arranged, intended, or designed to house three or more families, living and cooking independently share common walls, floors, ceilings, entries, or accesses. Management may or may not furnish heating, service, and maintenance facilities.

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family. The term "dwelling, single-family" may also include an attached unit such as townhouses.

Dwelling, townhouse, means an attached dwelling with only one dwelling unit from ground to roof attached to its neighbors on no more than two sides.

Dwelling, two-family, or duplex means a building designed arranged, intended, or designed to house two families living and cooking independently. Units share a common wall or are stacked. Management may or may not furnish heating, service, and maintenance facilities.

Dwelling unit means a single unit providing complete independent living facilities for one or more persons. The term "dwelling" includes permanent provisions for living, sleeping, eating, cooking, and sanitation.

Easement means a strip of land intended for ingress and egress, for public or private utilities, drainage, sanitation, or other specified uses or limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the servitude.

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

Emergency means a condition existing because of a declaration by the town, county, state governor, or by the federal government.

Engineer means a professionally-licensed engineer who meets the requirements to practice in the state.

Family means one or more natural persons occupying a single-dwelling unit as a single housekeeping unit.

FAR means floor area ratio.

FDOT means the Florida Department of Transportation.

FEMA means Federal Emergency Management Agency.

Fence or wall means a barrier made of approved materials serving as an enclosure or boundary.

Finger pier means any fixed or floating structure that extends at an angle, usually 90 degrees, from the dock.

FIRM means flood insurance rate map.

Fish house means a place processing fish, shellfish, crustaceans, or mollusks in bulk quantities for wholesale or retail sale.

Fishing means the catching, harvesting, and taking of fish, shellfish, crustaceans, and mollusks.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source.

Floor means the walk-on surface of an enclosed area in a building, including a basement. The term "floor" does not include the floor of a garage used solely for parking vehicles.

Floor area, institutional-residential structure, means the sum of the horizontal areas of the floors of a building on a given land area, measured from the exterior faces of exterior walls and all covered, unenclosed areas used for commercial activities including outdoor seating areas, except for walkways, exterior entryways, parking and loading areas or drive-through canopies. Included within such sum shall be the areas of floors of attic spaces providing a vertical structural clearance of at least seven feet, floors of interior balconies or mezzanines, and floors of any other space reasonably usable for any purpose, no matter where located within a building. Not included are approved outdoor storage and display areas, temporary uses, temporary structures, and the floor area of garages, carports, patios, decks, and porches, unless treated as an air conditioned space.

Floor area, nonresidential structure, means the sum of the horizontal areas of the floors of a building on a given land area, measured from the exterior faces of exterior walls and all covered, unenclosed areas used for commercial activities including outdoor seating areas, except for walkways, exterior entryways, parking and loading areas or drive-through canopies. Included within such sum shall be the areas of floors of attic spaces providing a vertical structural clearance of at least seven feet, floors of interior balconies or mezzanines, garages and floors of any other space reasonably usable for any purpose, no matter where located within a building. Not included are approved outdoor storage and display areas, temporary uses, temporary structures, and space occupied by transient residential and institutional-residential principal uses area.

Floor area, residential and transient residential structure, means the sum of the horizontal areas of the floors of a building on a given land area, measured from the exterior faces of exterior walls. Included within such sum shall be the areas of floors of attic spaces providing a vertical structural clearance of at least seven feet, floors of interior balconies or mezzanines, and floors of any other space reasonably usable for any purpose, no matter where located within a building. Not included shall be the floor area of garages, carports, patios, decks, and porches, unless treated as an air-conditioned space.

Floor area ratio (FAR) means the gross floor area of the building on a parcel divided by the gross acreage of the parcel or site.

Florida friendly means native or naturalized vegetation that is non-invasive, conserves water, protects the environment, is drought tolerant and adaptable to local conditions. It promotes water conservation objectives as set forth in F.S. § 373.185.

Fluorescent means glowing or vivid colors.

Foster family home. See Residential, institutional.

Front parcel line means the front of the structure is the side which has a door opening towards the numbered or named roadway, not an alley. If no door exists, the numbered or named roadway side shall be considered the front. If on a corner lot between two named or numbered roadways, the street to which the door opens shall be deemed the front parcel line. If on a corner lot and no door exists facing either numbered or named roadway, the 911 address roadway side shall be considered the front. If the structure has no plane parallel to the 911 address side, the side closest to parallel with the 911 address roadway shall be considered the front plane.

Front yard means the area between the front parcel line and the front plane of the use structure, extending to the side parcel lines.

Frontage means the length of a parcel line along an abutting public street right-of-way.

Functionally-dependent facility or use means a facility or use that unusable for its intended purpose unless it is located or carried out in close proximity to another resource (i.e., a port facility requires water). The term "functionally-dependent facility or use" does not include long-term storage, manufacture, sales, or service facilities.

Garage, commercial, means a building or portion of a building designed or used for the storage or repair of motor-driven vehicles; may be an accessory or a principal building depending upon the principal use of the parcel upon which the garage is situated.

Garage, commercial storage, means a structure or group of garages or storage structures erected for use as a commercial storage facility.

Garage, community storage, means a structure or group of garages or storage structures erected for the use of on-site residents and does not include a commercial storage facility.

Garage, residential, means an accessory used for temporary storage of a vehicle.

Garbage means all refuse accumulation or animal, fruit or vegetable matter that attends the preparation, use, cooking, dealing in, or storage of, meats, fish, fowl, fruit, or vegetables. Any matter, which may serve as breeding or feeding material for flies or other germ-carrying insects.

Garbage can means any metal or plastic container of the type commonly sold as a garbage can.

Garden or yard trash means any accumulation of grass, limbs trimmings, cuttings and other refuse attending the care of lawns, gardens, trees, and shrubs.

Gate means opening in a fence allowing access.

Governing body means the town council of Yankeetown, Florida.

Governmental agency means the United States, the state, the county, the town, any special district, and any agency, board, commission, authority, or political subdivision thereof.

Grade. See Average existing grade.

Green space means undeveloped land suitable for passive recreation and/or conservation uses.

Gross acreage means the total area of a site, including wetlands, but excluding submerged lands or surface water, and excluding any publicly dedicated rights-of-way, but including easements, calculated by using the parcel, mean high water, ordinary high water, or demarcation lines, whichever is most restrictive. See also Buildable acre.

Gross floor area means the sum of the floor areas of the building on a given parcel.

Group home. See Residential, institutional.

Guardrails means a protective railing installed between vertical supports on any part of a dock.

Guesthouse means an accessory structure separate from the principal structure, for guests or the occupants of the principal residential structure, but excluding hotel, motel, commercial lodging, bed and breakfast, transient or rental units.

Hardship means the loss of reasonable use of property or structure caused by the strict application of the provisions of this LDC due to the special circumstances or conditions existing, which are peculiar to the land or building and are not the result of actions of the current or previous owner.

Hazardous waste or substance means material, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness. Hazardous waste may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed.

Health officer means that person serving the town as code enforcement officer, and also the county medical officer and representatives of the state or county health department.

Hedge means a fence or visual screen made of vegetative matter serving as an enclosure or boundary.

Height means the vertical distance between the average existing grade and the highest point of the roof of any structure or proposed structure, including mechanical equipment, but excluding chimneys, spires, steeples, and on structures utilized for public uses only, radio or television antennae, flagpoles, solar apparatus, and utility poles. The exclusions listed above shall not permit habitable space or space for other uses to exceed the applicable height limitations.

Historic tree means a tree designated by the council as one of notable historic interest and value to the town because of its size, age, location, or historical association with the community.

Home business occupation means any business or other nonresidential activity conducted and pursued at a dwelling unit which shall be clearly and absolutely incidental and subordinate to its principal use for residential purposes.

Hotel means a transient unit building containing individual sleeping room accommodations, without kitchens and where access to individual rooms is from the interior of the building. See also, Motel.

Houseboat means any marine vessel equipped for or used primarily as a live aboard dwelling unit.

Impervious means resistant to penetration by fluids, such as stormwater or irrigation water.

Impervious surface means the square footage of parcel area covered by surfaces that do not allow infiltration of fluids including areas beneath eaves, decks, balconies, buildings, blacktop, or concrete paved areas, and any surface containing road base.

Improvements may include, but are not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping.

Industrial use means use devoted to the manufacture, warehousing, assembly, packaging, processing, fabrication, storage or distribution of goods and materials, whether new or used, or the substantial, refinishing, maintenance, repair and/or rebuilding of vehicles or boats.

Institutional residential means foster homes, group homes, nursing homes, etc.

Intensity means the extent to which land may be developed or used for nonresidential uses, including the consumption or use of the land; the use or demand on lands natural resources; the use of or demand on facilities and services, including floor area ratio, open space, traffic or trip generation, potable water, solid waste, sanitary waste, and levels of service.

Iridescent means an optical phenomenon characterized as the property of surfaces in which hue changes according to the angle from which the surface is viewed.

Joint dock means docks and boat slips, including boatlifts and davits, serving more than one adjacent lot or parcel.

Junkyard or recycling yard means an area where wastes or used or secondhand materials are bought, sold, exchanged, stored, processed, or handled as a principal use, except within a completely enclosed building. Materials shall include, but not be limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. Also includes automobile wrecking yard and salvage yard.

Keeper. See Caretaker.

Kennel means any person, group of persons, or corporation engaged in the commercial business of breeding, buying, selling, or boarding animals, and the physical structures, fences, pens, and real property associated with such use.

Kitchen means a room or an area equipped for preparing and cooking food, containing the ability to heat food, refrigerate food, and a sink.

LDC means land development code.

Legal descriptions means the written words describing the zoning districts.

LI means light industrial.

Live aboard means the occupancy or use of a watercraft, by one or more persons, as a place of habitation, residence, as living quarters or for dwelling purposes, temporarily or permanently, continuously or transiently at any location or the person living aboard a boat for any period.

Livestock means domestic animals typically found on a farm; to include, but not be limited to, cows, sheep, goats, horses, pigs, and fowl.

Living area means that portion of the total area of a residence, which is suitable for year-round use as living quarters, including fully enclosed porches and breezeways, but excluding enclosed garages, screened porches and carports.

LLC means limited liability corporation.

LLP means limited liability partnership.

Lot means any government lot, platted lot, recorded lot or lot of record. Also see Parcel.

Lot area. See Parcel area.

Lot depth. See Parcel depth.

Lot line. See Parcel.

Lot of record. See Parcel of record.

Lot width. See Parcel width.

Low impact development practices means a set of practices that minimize impacts of development on the environment, neighboring uses and the town.

Major development means any commercial development or redevelopment or any residential development (except for one single-family dwelling or one duplex dwelling on one parcel). See section 18-361.

Manufactured building (modular) means any type of building designed for use as a dwelling, which is built off the site where it is to be permanently located, does not have the capability for attachment of wheels, is built to provide the capability of being loaded and moved on a flatbed trailer, regardless of addition of appurtenances. This shall include structures assembled from two or more units, providing that the units meet the requirements of this definition, and its construction meets the requirements of the adopted building codes.

Manufactured home (formerly "mobile home") means a structure transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, permitted in accordance with county and local standards, and meeting the living area requirements of the zoning chapter, including manufactured housing, which is certified by the state. (Manufactured homes conforming to the Federal Manufactured Housing Construction and Safety Standards or the Uniform Standards Code ANSI A-119.1 pursuant to state statutes.)

Marginal dock means any fixed or floating structure placed immediately contiguous and parallel to a shoreline or an established seawall, bulkhead, or revetment.

Marina means a facility for the wet and/or dry storage, launching, and mooring of vessels and may include the on-site retail sales of marine accessories and stores and vessel maintenance and repair and a waterfront space where any of the following may be available for water craft: dockage, mooring, fuel, ice, or supplies.

Marine railway means any manufactured conveyance using rails, slides or guides to drag, lift, remove, or lower a vessel into or from the water.

Market value means the appraised value of the structure prior to the start of the initial repair or improvement. In the case of damage, the appraised value of the structure prior to the damage occurring. It is the market value listed on the current county appraiser parcel card or the owner may obtain an independent market value appraisal made by a state-certified appraiser.

Mean high water line (MHWL) means as defined by F.S. § 177.27 and incorporated by reference herein. Represents the boundary line between tidal submerged lands and adjacent (landward) upland property and is defined by state law.

Minor project means any one single-family dwelling or one-duplex dwelling on one parcel.

Monochromatic color means all hues, tints, and shades of a single color.

Mooring means a place, berth, or structure to which a vessel can be made fast.

Motel means a transient unit building containing individual sleeping room accommodations, without kitchens where access to individual rooms is from the exterior of the building. See also Hotel.

MU means mixed use.

Multiple-family dwelling. See Dwelling, multiple-family.

Natural person means a single human being.

Non-combustible trash means any refuse materials that are unburnable at ordinary incinerator temperatures, such as metals, mineral matter, large quantities of crockery or glass, metal furniture, or appliances, auto bodies, etc.

Nonconforming parcel means a parcel located in any zoning district, which does not conform to the minimum requirements of parcel dimension or parcel area required for the zoning district in which such land is located.

Nonconforming structure means any structure which does not meet the limitations on structure size and location for the district in which such building is located.

Nonconforming use means the pre-existing use of any building or land on the effective date of the Town of Yankeetown Land Development Code or amendment, which cannot comply with all of the regulations of this Code.

Occupancy means the use of a dwelling unit for residential purposes not necessarily continuously, but as a place of usual return; and the use of all other structures (i.e., commercial use).

OFW means Outstanding Florida Water.

OHWL means ordinary high water line.

Open space means that pervious portion of a parcel that is uncovered by structures or impervious surfaces and includes landscaped areas, uncovered pervious outdoor activity areas, pervious patio areas, walkways, pervious uncovered parking areas, pervious driveways that serve one dwelling unit, and wetlands.

Ordinance means an official legislative action of the council, which action is a regulation of a general and permanent nature and enforceable as a local law.

Ordinary high water line (OHWL) or ordinary high water mark represents the boundary line between non-tidal submerged lands and adjacent (landward) upland property as defined by state law. The ordinary reach of high water during the year; the normal or average reach of water during the high water season. The term "ordinary high water line" excludes floods and other unusual high water events but includes the average high water of each year.

Owner means any person, group of persons, or legal entity owning, keeping or having possession of property, goods, materials, or services.

P and Z means the town planning and zoning commission.

Package store means a facility where beer, wine, and/or liquor is sold for consumption off the premises.

Parcel means a lot, piece, tract, or plot of land either vacant or occupied by any use or structure.

Parcel area means the total horizontal area included within property boundary parcel lines, not including any area below the mean high water line or ordinary high water line.

Parcel depth means the mean horizontal distance between the front and rear parcel lines, not including any area below the mean high water line or ordinary high water line.

Parcel line means the boundary line of a parcel, or the mean high water line where part of any parcel of land is located below the mean high water line.

Parcel number means the number assigned to the parcel by the county property appraisers office.

Parcel of record means any lot, parcel, portion of a parcel, combination of parcels, or parcel described by block and parcel numbers or by metes and bounds that was lawfully created individually or as part of a subdivision. A parcel of record must have been recorded in the office of the clerk of county court prior to the time of enactment of this Code, June 10, 1991. A pre-existing sub-standard parcel of record is a nonconforming parcel.

Parcel split means the platting or division of a parcel of land, whether improved or unimproved, into two contiguous parcels of land, for any purpose, whether immediate or future and includes that caused when the private establishment of a new street involves splitting a parcel into two parcels.

Parcel width means the horizontal distance between side parcel lines, measured along the minimum required front yard setback line, not including any area below the mean high water line or ordinary high water line.

Parking means the temporary, transient storage of motor vehicles, vessels, and equipment trailers while the operators of such vehicles are engaged in other activities. The term "parking" shall not include or allow the storage of new or used motor vehicles for sale, service, rental, or any other purpose except in a district where such use is approved as an allowable use under this LDC.

Parking area means facilities located on-site with adequate space available for ingress and egress, the parking and circulation of automotive vehicles and providing an adequate number of parking spaces for the use of occupants, employees, visitors, customers, or patrons of every permitted building and/or use.

Parking space means a portion of a parcel providing a temporary storage area for a motor vehicle and of a shape to easily park one automobile, and which is clearly defined and has unobstructed accessibility to and from a public street by way of an aisle and/or driveway.

Passive recreation means activities that offer constructive, restorative, and pleasurable human benefits, foster appreciation and understanding of open space and its purpose, minimize environmental impacts, have a low level of development, do not significantly affect natural or cultural values, and require only minimal visitor facilities, such as parking and picnic areas, and services directly related to safety.

Person means and includes an individual, corporation, unincorporated association, LLC, LLP, partnership, governmental body, or other legal entity including one or more individuals, corporations, partnerships, associations, legal representatives, trusts, trustees, trustees in bankruptcy, receivers and fiduciaries or organization of any kind.

Pervious (or permeable) means material that allows fluids, such as stormwater or irrigation water, to pass through to the ground directly beneath the surface.

Pervious orpermeable surface area means the square footage of parcel area covered by surfaces that allow infiltration of fluids to the ground directly beneath the surface.

Pier. See Dock.

Place of public assembly means any permanent structure whose principle use is as a structure used for public assembly.

Planning and zoning commission (P and Z) means a citizens commission appointed by the town council to act as the local planning authority recommending land use policies and decisions to the town council and to conduct reviews for the approval of development proposals, as provided by this LDC and state statutes.

PNZ means the town planning and zoning commission.

Porch means a one-story screened or unscreened open gallery having a roof supported by columns and attached to the outside of a building.

Principal structure means a structure in which is conducted the principal use of the parcel on which it is situated, including any attached carport, shed, garage or structure that is structurally dependent, totally or in part, on the principal building. In a residential district, a dwelling is the principal building on the parcel on which it is situated.

Principal use means the use that constitutes the primary activity, function, or purpose for the parcel and/or building.

Property means and includes real and personal property.

Property line. See Parcel line.

Property, personal, means and includes every species of property except real property, as herein defined.

Property, real, means and includes lands, tenements, and hereditaments.

Proprietor. See Caretaker.

PU means public use.

Public buildings means office and service buildings, uses, or facilities owned or operated by a governmental agency, including publicly-owned utilities, which are compatible with or provide governmental services.

Public use means buildings and uses by local, regional, state, or federal agencies, excluding penal institutions or contract jails.

PUD means planned unit development.

Rear parcel line means that property line which is most distant from and is, or is most nearly, parallel to the front parcel line.

Rear yard means the area between the rear parcel line and the rear of the structure, extending to the side parcel lines.

Recreational vehicle (RV) means any vehicle or portable structure that is built on a single chassis, designed to be self-propelled or towed by a car, SUV, or pickup truck, and to be used as temporary living quarters for recreational, camping, travel, or seasonal use. The term "recreational vehicle" is also known as and includes campers, pop-ups, recreational buses, motor homes, and park model RVs, fifth wheel or travel trailers.

Recreational vehicle park means an area primarily for campers and recreational vehicles, providing temporary water, sewer, and electrical hook-ups for temporary or seasonal parking and use of RVs, vehicles or campers.

Remove or removal means the digging up, cutting down or causing to be absent through any means.

RES means residential environmentally sensitive.

Residence means a building used exclusively for living purposes by seasonal or permanent residents.

Residential density means the extent of development of residential uses, expressed in dwelling units per gross acre of land.

Residential, rental, means an attached or detached residential dwelling unit rented, leased, or assigned for tenancies of greater than or equal to 31 days duration. See also Vacation rental.

Residential, institutional, means residences housing persons, run by a person or organization, for compensation or grant funding. The term "residential, institutional," may be a group home, assisted living facility, foster home, or similar living facility.

Residential use means used, or intended for use, exclusively for dwelling purposes as applied to any plat, parcel, tract, area or building, room, or unit, but not including hotel, motel or transient units.

Resolution means an expression of the council concerning matters of a temporary character, or a provision for the disposition of a particular item of business of the governing body.

Resort, residential. See Hotel or motel.

Restaurant means an establishment whose principal and primary source of income is the serving of food and open to the public.

Retail sales means the sale of goods or articles individually or in small quantities directly to the consumer.

Retaining wall means a constructed wall or barrier used to support or hold in place a mass of earth.

RHD-1 means residential highest density 1.

RHD-2 means residential highest density 2.

Right-of-way means land dedicated, deeded, used, or to be used, for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purposes by the public, certain designated individuals or others.

Riparian line means the property line of the parcel extended into the water body.

Riparian property means property adjacent to a body of water.

RLD means residential lowest density.

Road base means loose, gravel-like material, which is used as a base, or finish layer for walkways, paths, driveways, or parking areas, which becomes an impervious surface when compacted mechanically or by traffic.

Room, hotel ormotel, means a unit in a lodging establishment as defined by state statutes, intended for transient lodging of periods less than 31 days. The term "transient occupancy" shall conform to the definition contained in state statutes. Each bedroom shall be considered a separate transient unit when determining transient unit density per gross acre.

RP means resource protection.

RV means recreational vehicle.

Salvage yard. See Junkyard.

Sanitary wastewater treatment facility means the use of land and its appurtenances for the treatment of sanitary wastewater including a package plant.

Sanitation officer. See Health officer.

Security fence means a barrier erected around commercial or industrial properties to restrict entrance.

Setback or setback line means a line determined by measurement perpendicular to and parallel with a parcel line. No structures or part of a structure may be erected within any setback distance.

Sewage treatment collection system means the use of land for sewer lines and any appurtenances related to the collection and transmission of sewage to a treatment facility.

Sewage treatment facility. See Sanitary treatment facility.

Side parcel line means any property line not a front line or a rear parcel line. A side parcel line separating a parcel from another parcel is an interior side parcel line.

Side yard means the area between the side parcel line and the side plane of the primary structure, not including any part of the front or rear yard.

Sign. See Street graphic.

Single-family dwelling. See Dwelling, single-family.

Site plan means a plan indicating the permitted design and extent of development of a parcel of land, approved under and pursuant to this LDC.

Slip means that portion of the water adjacent to a pier, main pier, finger pier, or float where a boat is moored for the purpose of berthing, embarking, or disembarking.

Snipe signs means any off-premises sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other objects.

Sovereign submerged land means land below the mean high water line or ordinary water line, over which the state has control.

Special exception means a use which would not be appropriate generally or without restriction throughout a district but which, if controlled as to number, size, location, and relation to surrounding areas, may be permitted by the board of adjustment, based on compliance with the requirements of this LDC as to any particular special exception use and as to special exceptions generally. See Residential use.

Specimen tree means the same definition given to it in the town's adopted tree code.

Start of construction means that date when a building permit or commencement notice is issued.

Street right-of-way. See Right-of-way.

State building code means the building code adopted by a municipality or county pursuant to the requirements of the state statutes.

Street or road means any way intended for travel by the public, whether improved or unimproved; but shall not include easements and rights-of-way intended for limited utility purposes and shall not include easements for ingress and egress as provided for by this LDC, including the terms "drive," "highway," "alley," "parkway," "viaduct," "boulevard," "circle," "court," "terrace," "place" or "cul-de-sac," "avenue," "thoroughfare," "alley," "way," and "lane."

Street centerline means the surveyed and prescribed centerline of a street established by the state department of transportation or, if no centerline has been so established, the line midway between the existing or proposed street right-of-way lines.

Street graphic means any letter, number, symbol, figure, character, mark, plane, design, pictorial, stroke, stripe, trademark or combination of these which shall be so constructed, placed, attached, painted, erected, fastened, or manufactured for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise, whatsoever. It can be seen and deciphered from the street or right-of-way of a public street or highway. The term "street graphic" includes graphics placed inside a window but intended to attract attention of those outside in the public right-of-way, but not including inside graphics of one square foot or less which are located more than two feet from the window surface.

Street right-of-way means a strip or area of land dedicated or deeded for use of and by the public as a public street.

Structure means anything constructed, installed or portable, the use of which requires a location on a parcel of land. The term "structure" includes a movable or anchored building or shed usable for housing, business, commercial, agricultural, storage or office purposes, either temporarily or permanently. The term "structure" also includes roads, walkways, paths, fences, swimming pools, tennis courts, poles, pipelines, transmission lines, tracks, signs, sewage treatment plants, sheds, mooring areas, off-shore swimming platforms, and other accessory construction.

Studio means the workroom, atelier or place of work in which some form of art is pursued. Examples include, but are not limited to, photography studios, interior design studios, ceramic studios, acting studios, and fine-artist studios, except metal sculpting requiring welding.

Subdivision means the division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land, and includes establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

Submerged land means land below the mean high or ordinary water line of a water body.

Substandard parcel means any nonconforming parcel. In residential districts, a substandard parcel has less than 5,000 square feet of parcel area or less than 50 feet of parcel width.

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

Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "'substantial improvement" does not include any project for improvement of a structure to comply with an existing health, sanitary or safety code specification that is solely necessary to ensure safe living conditions. In addition, the term "substantial improvement" does not include any alteration of a structure listed on the National Register of Historic Places or the state inventory of historic places.

Surveyor means a state-registered and licensed professional who is qualified to practice surveying in the state.

Swale means a shallow depression that allows for indirect discharge of stormwater in excess of the retained or detained volume to a nearby body of water.

SWFWMD means Southwest Florida Water Management District.

Temporary signs means any sign not permanently attached to the ground or a structure. For example, step-in signs, hand-written signs, wire placard signs, short-term signs.

Terminal platform means any fixed or floating structure providing an activity area located at the end of a finger pier or boat dock. The activity area would have a different shape or dimensions from the finger pier or dock.

Tie-in survey means a survey that shows the exact location of as-built structure in relation to parcel lines.

Timeshare means a form of ownership of real property as defined by state statutes. Timeshare units shall be considered transient units for purpose of calculating density and allowed uses within a particular zoning district.

Timeshare unit. See Transient unit.

Tourist housing. See Vacation rental unit.

Town boundary means the geographical area of the town, as defined by the town Charter, section 1.

Transient residential unit means a unit used as transient housing for tenancies less than 31 days duration such as a hotel or motel, transient lodging establishment, time share, vacation rental, room or space for parking a recreational vehicle or travel trailer, or units that are advertised and held out to the public or such use.

Transmitter tower means a structure designed, constructed, or used for the sole purpose of broadcasting any form of radio, television, radar, or other type of wave, impulse, or other electromagnetic signal.

Transplant means the digging up of a tree from one place and the re-planting of the same tree in another place.

Tree means any self-supporting, woody plant that has secondary branches usually supported clear of the ground on a single main stem or trunk with a crown. The term "tree" means one which normally grows to a height of 15 feet or greater with a mature crown spread of 15 feet or greater and having trunks which can be maintained with over five feet of clear wood, including palms.

Tree protection zone means that area within the drip line of a protected tree, not to exceed 20 feet from the tree trunk.

Tree survey means an aerial photograph or drawing to an adequate scale, which provides the following information: location of all trees protected under the provisions of this LDC, plotted by accurate techniques; and, common or botanical name of all trees, consecutively numbered, and calibrated.

Trip generation, high intensity, means a nonresidential use that generates greater than 100 average daily trips per 1,000 square feet of floor area as set forth in the Institute of Transportation Engineers Trip Generation Manual.

Trip generation, low intensity, means a nonresidential use that generates less than 50 average daily trips per 1,000 square feet of floor area as set forth in the Institute of Transportation Engineers Trip Generation Manual.

Trip generation, medium intensity, means a nonresidential use that generates between 50 and 100 average daily trips per 1,000 square feet of floor area as set forth in the Institute of Transportation Engineers Trip Generation Manual.

Two-family dwelling. See Duplex, and Dwelling, two-family.

Unnecessary noise means sounds not required or caused by the act of construction.

Uplands means lands landward of all MHWL, OHWL, ACOE, DEP, or SWFWMD wetlands jurisdictional delineation or demarcation lines.

Upland acre means the area of a site calculated using the most restrictive boundaries available and subtracting any contained wetlands.

Urban area means where the town would like to encourage traditional neighborhood development.

Urban service area means where the town would supply services for residential, commercial, and light industrial development; specifically, that area encompassing the RHD-1, RHD-2, RLD, CWD, CN, and LI districts and those portions of the PU district encompassed within the fore mentioned districts.

Use means any activity, function, or purpose to which or for which a parcel of land/or building is put, used, arranged, or occupied, for any purpose, including any residential, office, business, industrial, public or any other purpose or use.

Utility means any public or private service, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, cable, or telephone line, whether underground or overhead.

Utility building or facility means a location or installation of a utility company where employees are not stationed, such as a substation or lift station.

Utility tower. See Transmitter tower.

Vacation rental means an attached or detached dwelling unit rented, leased, or assigned for tenancies of less than 31 days duration. Vacation rental use does not include hotels, motels, and RV parks, which are permitted in appropriate districts.

Valet parking means a service provided by attendants who park and later retrieve motor vehicles for guests or customers.

Variance means a request for relief from the terms of this LDC necessitated by conditions where compliance would result in unnecessary hardship, that meets the standards and criteria for granting a variance set forth in this Code.

Vessel means any device used for transportation of personnel or material on the water.

Violation means an infringement or breach of any provision of this LDC.

Vision triangle. See Clear visibility triangle.

Visual screen means a barrier erected to limit visual access to a property.

WANE means water, air, and/or nutrient exchange.

Water access walkway means a structure built and used exclusively for access to the water for leisure activities such as fishing, swimming, or observation. A water access walkway is not usable as a vessel mooring.

Water-dependent facility means a facility that is functionally dependent on direct access to water. Water-dependent uses may be commercial or public.

Water detention facility means a stormwater management facility that delays or holds the runoff of stormwater prior to discharge into receiving waters in a structure with a bottom elevation below a control elevation.

Water-enhanced facility means a facility whose use is functionally enhanced by access to water. Water-enhanced uses do not require a waterfront location in order to function, but are often essential to the efficient functioning of water-dependent uses and can be an essential contributing factor to their economic viability. Water-enhanced uses often increase the public's enjoyment of the waterfront. Water-enhanced uses may be commercial or public.

Water retention facility means a stormwater management facility that provides for storage of a specified volume of stormwater without discharge from the retention structure.

Watercourse means and includes channels, creeks, ditches, drains, canals, dry runs, springs, rivers, and streams.

Waterfront property means property where one or more sides abuts the water.

Waterfront structure means a structure where one or more sides of the property it sits on abuts the water.

Wellhead exclusion zone means all land within a 200-foot radius of the town's existing or future wellheads.

Wellhead protection zone means the area within a 200- and 500-foot radius of the town's existing or future wellheads.

Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. The term "wetlands" also includes isolated wetlands, those areas mapped by DEP, SWFWMD, and/or ACOE, and as defined by federal and state statutes.

Wetlands, isolated, as defined by the Florida Administrative Code, means any area that is determined to be a wetland in accordance with state statutes, but that does not have any direct hydrologic connection to a lake, stream, estuary, or marine water. Isolated wetlands shall be still considered a wetland by the town and subject to wetland restrictions contained in this LDC.

Wholesale means the sale of goods in bulk quantities at prices below retail prices, usually not directly to the final consumer.

WWTF means wastewater treatment facilities.

Yard means the space on any parcel with a structure that is not occupied by a structure and/or accessory. See also Front yard, Rear yard, and Side yard.

ZO means town zoning official.

Zoning district means an area of the town designated on the zoning map as being subject to the uniform regulations and requirements of a particular zoning category established in this LDC.

Zoning map means the official map adopted by this LDC, showing the zoning districts applicable to all lands within the town.

(Code 2015, ch. 21, § 21.1)