For the purposes of this Code, the following terms shall have the meanings set forth below. Included are pertinent definitions adopted in the Comprehensive Plan, in addition to others applicable to this Code but not covered in the Plan. It is the intent of this Article to incorporate Comprehensive Plan definitions in substantially the same form in which they were adopted, although some terms may be defined here in a more detailed or restrictive manner. In the event a Comprehensive Plan amendment conflicts with a definition contained herein, the definition in the Comprehensive Plan shall take precedence, and shall be incorporated into this Code by reference.

AASHTO: American Association of State Highway and Transportation Officials.

Accessory Use or Structure: A use or structure of a nature customarily incidental and subordinate to the principal use or structure and unless otherwise provided, on the same premises. "On the same premises" with respect to accessory uses and structures shall be construed as meaning on the same lot in the same ownership. Where a building is structurally attached to the principal building, it shall be considered as part of the principal building, and not an accessory building. An accessory structure shall not be used as habitable living space unless it meets all requirements as a garage apartment.

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

Adult Day Care Facility: Any building or buildings, or part of a building, whether operated for profit or not, which undertakes through its ownership or management, therapeutic programs of social and health services as well as activities for adults in a non-institutional setting. Participants may utilize a variety of services offered during any part of the 24-hour day, but less than a 24-hour period. These services are provided to three or more adults who are 18 years of age or older, who are not related to the owner/operator by blood or marriage, and who requires such services. (§400.551,F.S.)

Adult Entertainment Establishment: Any business which excludes minors by virtue of age due to the presence or display of films, photographs, published materials, or activities of a sexual nature. This definition shall include adult bookstores and theaters, and establishments offering massage, body rubs, any display of nudity, and similar activities to the exclusion of minors. Establishments which offer medical and therapeutic services provided by state licensed practitioners are excluded from this definition. Any business qualifying as an incidental adult materials vendor shall also be excluded from this definition.

Adult Family-Care Home: (Pursuant to Section 429.65, F.S.); A full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides, room, board, and personal care, on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives. The following family-type living arrangements are not required to be licensed as an adult family-care home:

(a)

An arrangement whereby the person who owns or rents the home provides room, board, and personal services for not more than two adults who do not receive optional state supplementation under s. 409.212. The person who provides the housing, meals, and personal care must own or rent the home and reside therein.

(b)

An arrangement whereby the person who owns or rents the home provides room, board, and personal services only to his or her relatives.

(c)

An establishment that is licensed as an assisted living facility under Florida Statutes Chapter 429.65. (c. 429.65, F.S.)

Adverse Effects: Any modifications, alterations, or effects on waters, associated wetlands, or shorelands, including their quality, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts.

Affordable Housing: Housing costs that, on a monthly basis, requires rent or mortgage payments of no more than 30% of a household's monthly gross income.

Agricultural Roadside Stand: A roadside stand of a temporary nature (30 days or less) for the sale of seasonal fruit, vegetables, or other similar products grown on the premises of an agricultural

Agricultural Uses: Activities within land areas which are predominantly used for the cultivation of crops and livestock including: crop land; pasture land; orchards; citrus groves; vineyards; nurseries; ornamental horticulture areas; greenhouses; groves; confined feeding operations; general farming; forestry; truck gardening; fish hatcheries or fish pools; specialty farms; and silviculture areas.

Alteration: Any change in size, shape, occupancy, character, or use of a building or structure. Alteration of a Watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

Amusement Enterprise, Indoor: See Recreation, Indoor.

Amusement Enterprise, Outdoor: See Recreation, Outdoor.

Annexation: The adding of real property to the boundaries of an incorporated municipality, such addition making such real property in every way a part of the municipality. (§171-031 F.S.)

Antenna/Satellite Dish: A mechanism, less than 30 feet in height, the purpose of which is to receive television or radio signals directly from ground-based or satellite sources, or to transmit such signals directly to ground-based receivers.

Antique Car/ Vehicle: Any vehicle 30 years or older.

Apartment Building: A building which is used or intended to be used as a home or residence for three, or more, families living in separate quarters.

Applicant: Any person who submits subdivision plans for the purpose of obtaining approval thereof.

Aquifer: A water-bearing stratum of permeable rock, sand, or gravel.

Area of Shallow Flooding: A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.

Area of Special Flood Hazard: The Area of Special Flood Hazard shall include:

1.

All areas designated as an area of special flood hazard pursuant to Section 5.01.01. The relevant Flood Hazard Boundary Map and Flood Insurance Rate Maps, and any revisions thereto, are adopted by reference and declared to be a part of this Code.

2.

Other areas of the community designated on a map by the Development Director as having a one percent or greater chance of flooding in any given year. This may include isolated topographic depressions with a history of flooding or a high potential for flooding.

Arterial Road: A roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. In addition, every United States numbered highway is an arterial road. Arterial roads are designated as such on the Future Traffic Circulation Map of the Town of Zolfo Springs Comprehensive Plan.

Assisted Living Facility (aka Adult Congregate Living Facility): Any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator. (§429.02, F.S.)

Automotive Repair, Major: Includes activities listed under Service Station, as well as removal and major overhaul of engines, transmissions and drive systems, and all types of paint and body work.

Automotive Repair, Minor: See Service Station. A business which performs minor automotive repair may include the sale of motor fuels.

Automotive Restoration/Antique or Classic (Private and "Not for Profit"): Restoring of classic vehicles or antique vehicles (more than 30 years old) by a private individual and "not for profit". All activities must take place under cover. Stored vehicles must be screened. Vehicles may not be stored in front of the principal structure and must be setback ten feet (10') from side and rear property lines. An individual who is restoring a classic or antique vehicle, may have 3 inoperable vehicles as long as they are of the same make and model of the vehicle he is restoring.

Auto Salvage Yard: A commercial business which disassembles inoperable vehicles for the purpose of resale of automobile parts. Not more than three inoperable vehicles may be stored at any one time. See "Junkyard" for a business which stores more than three inoperable vehicles.

Availability or Available: With regard to the provision of facilities and services concurrent with the impacts of development, means that at a minimum the facilities and services will be provided in accordance with the standards set forth in Rule 9JS.0055(2), F.A.C.

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

Base Zoning District: Any of the zoning districts established pursuant to Section 2.04.00 Establishment of Base Zoning Districts in Article 2, Regulations for Specific Districts, of the LDC.

Bed and Breakfast: A dwelling unit containing no more than four guest rooms where overnight lodging, with or without meals, is provided for travelers or short term visitors and rented by the day. In all Residential Districts, this inn must be owner-occupied and one parking space is required per room for rent, plus one parking space for the owner. In all Residential Districts, parking areas must be, at a minimum, off-street and compacted morrow or shell. In all Commercial Districts, parking must be off-street and paved. No parking is allowed in required front yards in any District. This definition is in no way to include farm worker lodging nor allow farm workers to stay in Bed and Breakfasts.

Beneficial Functions of a Wetland: Those functions, described in the Conservation Element of the Comprehensive Plan and in this Code that justify protection of wetlands.

Best Management Practice (BMP): A practice or combination of practices that are determined to be the most effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.

Bicycle and Pedestrian Ways: Any road, path or way which is open to bicycle travel and traffic afoot and from which motor vehicles are excluded.

Billboard Advertising Sign: A permanently constructed sign, wall or other structure, usually designed for use with changing advertising copy, which is used for the advertisement of property, products, services, amenities or activities rendered at locations other than the premises on which the sign is located.

Blighted Areas: Developed areas which have deteriorated through neglect or abandonment and which could benefit the community if redeveloped.

Boarding or Rooming House: Residential facility other than an apartment building, hotel/motel, or restaurant, containing four or more rooms, where meals and/or lodging are provided in exchange for monetary compensation. This definition shall include dormitories, fraternity houses, and sorority houses.

Buffer: An area or strip of land established to separate and protect one type of land use from another with which it is incompatible. A buffer area typically is landscaped and contains vegetative plantings, berms, and/or walls or fences to create a visual and/or sound barrier between the two incompatible uses.

Building: A fully-enclosed, weather-proof structure permanently attached to the ground, and built or used for the shelter of person, animals, chattels, or property of any kind.

Building Coverage: The combined and total percentage of area of a lot covered or occupied by buildings or roof portions of structures.

Building Height: The vertical distance measured from the mean finished ground level adjoining a building to the level of the highest point of the roof.

Building Line: The rear edge of any required front yard or the rear edge of any required setback line. Except as specifically provided by this zoning ordinance, no building or structure may be extended to occupy any portion of a lot streetward or otherwise beyond the building line.

Building Permit: A permit which may be required by appropriate authority as described herein, relating to the location, construction, alteration, demolition, or relocation of structures within the area of jurisdiction.

Building Site: The lot or lots or portion of a lot or lots used for a building or structure, the total area of which lot or lots is ascribed to the building or structure for compliance with this ordinance.

Camping Trailer: See Recreation Vehicle Unit.

Cannabis Delivery Device: An object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing low-THC cannabis or medical cannabis into the human body.

Canopy: Canopy refers to the area shaded by the crown of mature tree, which is listed among the approved species.

Capital Budget: The portion of each local government's budget which reflects capital improvements scheduled for a fiscal year.

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

Capital Improvement Program (CIP): A five year listing of proposed capital improvement projects.

Carport: A roofed area open on one or more sides and is attached to or is within three feet of the principal building and designed or intended for storage of one or more motor vehicles, trailers, boats, or other moveable property.

Cemetery: A plot or parcel of land used or intended for use as a burial place in or above the ground for dead human bodies, whether or not markers or monuments are used.

Central Potable Water Facilities: Potable water facilities that serve as a public supply water system. Central Sewer Systems: Public sanitary sewer facilities.

Change of Occupancy: The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution therefore of use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

Child Care: The care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care. (402.302, F.S.)

Child Care, Drop-in: Child care provided occasionally in a child care facility in a shopping mall or business establishment where a child is in care for no more than a 4-hour period and the parent remains on the premises of the shopping mall or business establishment at all times. Drop-in child care arrangements shall meet all requirements for a child care facility unless specifically exempted. (402.302, F.S.)

Child Care, Evening: Child care provided during the evening hours and may encompass the hours of 6:00 p.m. to 7:00 a.m. to accommodate parents who work evenings and late-night shifts. (402.302, F.S.)

Child Care, Weekend: Child care provided between the hours of 6 p.m. on Friday and 6 a.m. on Monday. (402.302, F.S.)

Child Care Facility: (Pursuant to Section 402.302, F.S.); Any child care center or child care arrangement which provides child care for more than five (5) children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included:

(a)

Public schools and nonpublic schools and their integral programs, except as provided in s. 402.3025, F.S.;

(b)

Summer camps having children in full-time residence;

(c)

Summer day camps;

(d)

Bible schools normally conducted during vacation periods; and

(e)

Operators of transient establishments, as defined in Chapter 509,F.S., which provide child care services solely for the guests of their establishment or resort, provided that all child care personnel of the establishment are screened according to the level 2 screening requirements of Chapter 435, F.S. (402.302, F.S.)

Classic Car/Vehicle: A vehicle 30 years or older.

Clearing: The removal of trees, brush or any other vegetation from the land, not including the ordinary mowing of grass.

Clinic, Medical or Dental: An establishment where patients who are not lodged over night are admitted for examination and treatment by one person or a group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is regulated by the State of Florida.

Club: Building, facilities and property owned and operated by a corporation or association of persons for social or recreation purposes, including those organized chiefly to promote friendship and welfare among its members, but not operated primarily for profit or to render a service which is customarily carried on as a business.

Cluster Development: Generally refers to a development pattern - for residential, commercial, industrial, institutional, or combinations of such uses - in which the uses are grouped or "clustered", rather than spread evenly throughout a parcel as a conventional lot-by-lot development. A zoning ordinance may authorize such development by permitting smaller lot sizes if a specified portion of the land is kept in permanent open space either through public dedication or through creation of a homeowners association.

Collector Road: A roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. All collector roads are designated as such on the Future Traffic Circulation Map of the Town of Zolfo Springs Comprehensive Plan.

Commercial Highway Uses: Activities within land areas which are predominantly connected with the sale, rental and distribution of products, or performance of services, such as those listed in Commercial Uses above and those listed below, but not limited to:

Fruit and/or vegetable stand.

Commercial Sign, On Site: A permanently mounted sign advertising or identifying a commercial activity which is located on the same parcel or lot as the business to which it refers. For purposes of this Code, a sign identifying an industrial facility or activity shall also be defined as an on-site commercial sign.

Commercial Services Uses: Activities within land areas which are predominantly connected with the sale, rental and distribution of products, or performance of services, such as those listed in Commercial Uses above and those listed below, but not limited to: Farm equipment sales and repair; laundry or dry cleaning plant; plumbing, heating and air conditioning service; publicly-owned or operated maintenance yard.

Commercial Uses: Activities within land areas which are predominantly connected with the sale, rental and distribution of products, or performance of services, such as but not limited to: Antique shop; bakery (goods for sale only on premises at retail); barber shop and beauty shop; bicycle sales and repair; book, magazine, or stationary store; bus passenger terminal; candy or confectionery store; dairy products store; delicatessen; department store; drug store; dry cleaning and/or laundry pick-up station for work to be done elsewhere; florist shop; food store; furniture store; gift shop; gun shop; hobby and toy store; jewelry, watch store and repair; laundromat (self-service); mini-warehouse; music or record store; paint, glass or wallpaper store (retail); photography supply and service store; reupholster and furniture repair service; shoe store and repair shop; sporting goods store; tailor or dressmaker; theater (indoor); variety or dry goods store; wearing apparel shop.

Community Residential Home: A dwelling unit licensed to serve frail elders as defined in Section 429.65, F.S.; physically disabled or handicapped persons as defined in Section 760.22(7)(a), F.S.; developmentally disabled persons as defined in Section 393.063, F.S.; non-dangerous mentally ill persons as defined in Section 394.455(18), F.S.; or a child who is found to be dependent as defined in Sections 39.01 or 984.03, F.S.; or a child in need of services as defined in Sections 984.03 or 985.03, F.S. These residents are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Family Services or a dwelling unit licensed by the Agency for Health Care Administration which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents (Section 419.001, F.S.).

Homes of six (6) or fewer residents, which otherwise meet the definition of a community residential home, shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six (6) or fewer residents, which otherwise meet the definition of a community residential home, shall be allowed in single- family or multifamily zoning without approval by the local government, provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such home with six (6) or fewer residents. (Section 419.001, F.S.).

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

Concurrency Management System: The procedures and/or process that the local government will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development.

Concurrent with the Impacts of Development: Concurrent with the impacts of development shall be satisfied when: the necessary facilities and services are in place at the time a development permit is issued; or a development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or that the necessary facilities are under construction at the time a permit is issued; or that the necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of concurrency as defined.

Cone of Influence: An area around one or more major water wells the boundary of which is determined by the government agency having specific statutory authority to make such a determination based on groundwater travel or drawdown depth.

Conservation Easement: A right or interest in real property intended to maintain land or water areas predominantly in their natural, scenic, open, or wooded condition. Such areas may preserve habitat for fish, plants, or wildlife; the structural integrity or physical appearance of sites of historical, architectural, archaeological, or cultural significance; or existing land uses compatible with conservation of natural resources.

Conservation Uses: Activities within land areas designated for the purpose of conserving or protecting natural resources or environmental quality and includes areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, fisheries management, or protection of vegetative communities or wildlife habitats.

Consistency: Comprehensive plans are considered to be consistent with each other when land uses, proposed land uses, and impacts from proposed development are compatible with, or not in conflict with, land uses, proposed land uses or impacts from proposed development in an adjacent city or county.

Construction, actual: Actual construction includes the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition, excavation, or removal of an existing structure has been substantially begun preparatory for new construction, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be continuously involved. Fill and the installation of drainage facilities shall be considered a part of construction. Actual construction shall include only work begun under a valid building permit.

Copy: The linguistic or graphic content of a sign.

Convenience Store: A building and land used or intended for retail sale of grocery store items, but on a much smaller scale than a grocery store. No sales of motor fuels. For the definition of a convenience store with gas sales, see Gasoline Sales (no service).

Convenience Store with Gas: See Gasoline Sales (No Service).

Currently Available Revenue Sources: An existing source and amount of revenue presently available to the local government. It does not include a local government's present intent to increase the future level or amount of a revenue source which is contingent on ratification by public referendum. (§9J-5.003 F.A.C.)

Demolition: The complete or constructive removal of any or part or whole of a building or structure upon any site when same will not be relocated intact to a new site.

Density: The average number of families, persons or dwelling units per unit of land, usually expressed "per acre." "Density Control" is a limitation on the occupancy of land, and is generally implemented through zoning. Specific methods include use restrictions, such as single or multiple family dwellings, minimum lot-size requirements, floor area ratio, setback or yard requirements, minimum house size requirements, lot area requirements, or other means. "Density Transfer" permits unused allowable densities in one area to be used in another area. The average density over an area or parcel remains constant, but internal variations are allowed.

Density Bonus: An additional number of dwelling units above what would otherwise be permissible within a particular zoning classification or future land use classification. When applied to a future land use classification, a density bonus may only be granted when, at a minimum, all housing units that exceed the maximum density permissible within that classification meet the definition of affordable for those of low and moderate income.

Developer: Any person, including a governmental agency, undertaking any development. (§380.031 F.S.)

Development: The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.

The following activities or uses shall be taken to involve "development:"

A reconstruction, alteration of the size, or material change in the external appearance of a structure on land; a change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land; alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction"; commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land; demolition of a structure; clearing of land as an adjunct of construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land.

The following operations or uses shall not be taken to involve "development":

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way; work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like; work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; the use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; the use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock, or for other agricultural purposes; a change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class; a change in the ownership or form of ownership of any parcel or structure; the creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

"Development" as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. (§380.04 F.S.)

Development Capacity: An element of the concurrency management system, addressing the ability of public facilities to absorb development that has not been built, or that has not been completely built out, and that therefore has not impacted, or fully impacted, existing public facilities. The availability of public facilities to accommodate future development, in order to maintain an established level of service, will take into account this vested but currently unused or under utilized capacity.

Development of Regional Impact (DRI): The term "development of regional impact," means any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county.

Development Order: Any order granting, denying, or granting with conditions an application for a development permit. (§380.031 F.S.)

Development Permit: Includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development. (§380.031 F.S.)

Dispensing Organization: an organization approved by the Department of Health to cultivate, process, transport, and dispense low-THC cannabis or medical cannabis pursuant to Florida Statutes Section 381.986.

D.O.T: The Florida Department of Transportation.

D.O.T. Specifications: Florida Department of Transportation Standard Specifications for Road and Bridge Construction, current edition.

Drainage Basin: The area defined by topographic boundaries which contributes stormwater to a drainage system, estuarine waters, or oceanic waters, including all areas artificially added to the basin.

Drainage Facilities: A system of man-made structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures.

Dredging: Excavation by any means in any water body or wetland. Excavation or creation of a water body which is, or is to be connected to waters, directly or via excavated water bodies or a series of excavated water bodies.

Drive-in Restaurant: A business establishment where food or drink is served to patrons in automobiles, or which have take-out services or provide parking spaces, or outside tables for use by patrons.

Duplex: A building designed and intended for or occupied exclusively by two families living independently of each other.

Dwelling, generally: Any building, or part thereof, occupied in whole or in part, as the residence of living quarters of one or more persons, permanently or temporarily, continuously or transiently, with cooking facilities.

Dwelling, single family: A dwelling containing only one dwelling unit. For regulatory purposes, the term is not to be construed as including mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, or other forms of temporary or portable housing.

Dwelling Unit: A room or rooms connected together, constituting a separate, independent housekeeping establishment for a family, for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms which may be in the same structure, and containing sleeping facilities and one kitchen.

Easement: A right given by the owner of land to another party for specific limited use of that land. For example, a property owner may give or sell an easement on his property to allow utility facilities like power lines or pipelines, or to allow access to another property. A property owner may also sell or dedicate to the government the development rights for all or part of a parcel, thereby keeping the land open for conservation, recreation, scenic or open space purposes.

Educational Uses: Activities and facilities of public or private primary or secondary schools, vocational and technical schools, and colleges and universities licensed by the Florida Department of Education, including the areas of buildings, campus open space, dormitories, recreation facilities or parking.

Environmentally Sensitive Land: Wetlands, floodplains or critical habitat for plant or animal species listed by the Florida Department of Agriculture and Consumer Services (FDACS), the Florida Game and Fresh Water Fish Commission (FGFWFC), or the United States Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern. A Critical Habitat means the specific area within a geographic area occupied by plant or animal species listed by FDACS, FGFWFC or USFWS as endangered, threatened, or species of special concern on which are found those physical or biological features essential to the conservation of the species and which may require management considerations or protection.

F.A.C.: Florida Administrative Code.

Factory-built Housing: Shall mean any residential building, or building component or building system therefor, which is of closed construction and which is made or assembled in manufacturing facilities for installation, or assembly and installation, on the building site. Factory-built housing may also mean any residential building, or building component or building system therefor of open construction made or assembled in manufacturing facilities for installation or assembly and installation on the building site.

Family: An individual or group of two or more individuals, living together as a Single Housekeeping Unit (as hereinafter defined) and either (i) composed entirely of individuals each of whom is related to every other member of the family by blood, marriage or adoption, by themselves or with no more than one additional unrelated person; or (ii) composed of no more than two individuals, whether or not such individuals are related to each other by blood, marriage or adoption, together with any additional person(s) provided that one, or both, of said individuals is a parent, legal guardian and/or primary caregiver of all such additional person(s).

Two individuals shall be deemed related to each other by blood if they share at least one common ancestor, including the individuals themselves, within three generations of each individual. Two individuals shall be deemed related to each other by marriage if they are married to each other or if either individual is married to a person who is related by blood to the other individual. Where an individual has adopted or is otherwise guardian and/or primary caregiver for another person, the adopted person (or ward) shall be treated as a biological descendant of said individual.

Notwithstanding anything contained in this definition, six or fewer residents living in a Community Residential Home, as defined in § 419.001(1)(a), Florida Statutes, shall be considered a single family to the extent required by Chapter 419, Florida Statutes.

Notwithstanding anything contained in this definition, except as expressly provided for in Chapter 419, Florida Statutes, the term "Family" shall not include institutional group living situations such as dormitories, fraternities, sororities, monasteries, or nunneries, nor shall it include commercial group living arrangements such as boardinghouses, lodging houses, barracks and the like. A group living situation shall not be considered institutional or commercial based merely on the presence of foster children in the home.

Family Child Care Home, Large: An occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of operation. One of the two full-time child care personnel must be the owner or occupant of the residence. A large family child care home must first have operated as a licensed family day care home for 2 years, with an operator who has had a child development associate credential or its equivalent for 1 year, before seeking licensure as a large family child care home. Household children under 13 years of age, when on the premises of the large family child care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. A large family child care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age:

(a)

A maximum of 8 children from birth to 24 months of age.

(b)

A maximum of 12 children, with no more than 4 children under 24 months of age. (c 402.302, F.S.)

Family Day Care Home: (Pursuant to Section 402.302, F.S.); The operation of a residence as a family day care home, as defined by law, registered or licensed with the Department of Children and Family Services shall constitute a valid residential use for purposes of any local zoning regulations, and no such regulation shall require the owner or operator of such family day care home to obtain any special exemption or use permit or waiver, or to pay any special fee in excess of $50, to operate in an area zoned for residential use (Section 166.0445, F.S.).

An occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

(a)

A maximum of four (4) children from birth to twelve (12) months of age.

(b)

A maximum of three (3) children from birth to twelve (12) months of age, and other children, for a maximum total of six (6) children.

(c)

A maximum of six (6) preschool children if all are older than twelve (12) months of age.

(d)

A maximum of ten (10) children if no more than five (5) are preschool age and, of those five (5), no more than two (2) are under twelve (12) months of age. (Section 402.302, F.S.)

Family Foster Home: A private residence in which children who are unattended by a parent or legal guardian are provided 24-hour care. Such homes include emergency shelter family homes and specialized foster homes for children with special needs. A person who cares for a child of a friend for a period not to exceed 90 days, a relative who cares for a child and does not receive reimbursement for such care from the state or federal government, or an adoptive home which has been approved by the state or by a licensed child-placing agency for children placed for adoption is not considered a family foster home. (c. 409.175, F.S.)

Farmworker(s): means a person(s) who has worked twenty-five days or more, earning at least one- half (1/2) of their income in agricultural work in the last twelve (12) months and was not employed year round by the same employer.

Farmworker Housing: The living accommodations of farm employees and their families, on one (1) lot or parcel without regard to duration, which occurs exclusively in association with the performance of agricultural labor.

Farmworker Housing, Group Quarters: Housing for person(s) working on citrus groves truck farms or ranches/dairies wherein housing is provided by farm/ranch/dairy operation at no charge to the farmworker in a dormitory style.

Farmworker Housing, Migrant: Housing available to farmworkers for rent/monetary consideration.

Farmworker Housing, Resident: One- and two-family dwellings on farms/dairies/ranches made available to farmworkers at no charge to the farmworker.

FDEO (DEO): Florida Department of Economic Opportunity; the arm of the state government that manages growth by protecting the functions of important state resources and facilities.

FDEP: The Florida Department of Environmental Protection.

Fill: Depositing of any materials by any means in any water body or wetland. Filling Station: See Gasoline Sales (No Service).

Flea Market: A temporary sale of arts and crafts or rummage or similar items, not operating more than two days per month, with no permanent structures erected and operating in daylight hours only.

Flood or Flooding: A temporary partial or complete inundation of normally dry land from the overflow of lakes, rivers, or other water bodies, or from the unusual and rapid accumulation of runoff or surface waters from any source.

Flood Hazard Boundary Map (FHBM): The map issued by the Federal Emergency Management Agency showing flood-prone areas. Drawn from United States Geological Survey Maps, it does not provide flood elevations and is intended to be used only until the FIRM is produced.

Flood Insurance Rate Map (FIRM): The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]

Flood Protection Elevation: The elevation of the base flood plus one foot.

Floodplain: Land which will be inundated by floods known to have occurred or reasonably characteristic of what can be expected to occur from the overflow of inland or tidal waters and the accumulation of runoff of surface waters from rainfall.

Floodplains (100-Year Floodplain): Areas inundated during a 100-year flood event or identified by the National Flood Insurance Program as an A Zone or V Zone on Flood Insurance Rate Maps or Flood Hazard Boundary Maps.

Floodways: The channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment in order that the 100-year flood may be carried without substantial increases in flood heights.

Floor Area: The total area of all floor space inside of the interior walls of the building and/or all unenclosed surface space utilizing principally for a commercial purpose, excluding required parking and driveway areas.

Floor Area Ratio: A non-residential land use intensity measure analogous to density. It compares the floor area of a building with the total area of its site. Floor area is the sum of the areas of the several floors of the building or structure. Floor area ratio is calculated by dividing the sum area of all floors by the gross area of the site.

Foster Care Facility: A residential facility, which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such a facility shall not be more than three residents. (c. 393.063, F.S.)

Frontage: Pertaining to signs, the length of the property line of any one parcel along one or more streets on which it borders.

Frontage Road: A road designed to parallel a major roadway, thereby allowing the major roadway to function as a limited-access facility while providing access to lands adjacent to the roadway. (Sometimes designated a "service road.")

F.S.: Florida Statutes.

Garage (Commercial): A building or premises used for the storage, repair, rental, sale and/or servicing of motor vehicles and/or for the retail sale of fuel for such vehicles.

Garage (private): A building, attached or detached to or from the principal structure, intended for the storage of automobiles or other wheeled property belonging primarily to occupants of the premises.

Garage Apartment: An accessory building which is or is intended to be detached from the principal building and which contains one or more dwelling units, whether or not vehicular storage is or was intended.

Garage Sale: The sale of personal property, usually household goods and furniture, by the owner of the property on which the sale occurs. Such sales are occasional in nature and do not involve the establishment of a permanent sales location. A "neighborhood garage sale" is within the meaning of this definition.

Garden Home: see Single Family Attached Dwelling Unit.

Gasoline Sales (No Service)/ Gas Station/ Filling Station/ Convenience Store with Gas: A building and land used or intended for use to dispense, sell, or offer for sale any motor fuels, oils, or automotive accessories, and retail sale of grocery store items; but where no major automotive repair, body rebuilding, welding, tire capping, or painting is or is intended to be performed.

Gas Station: See Gasoline Sales (No Service).

Golf Course: Public or private golf course and par 3 courses including clubhouse, parking lots and maintenance facilities.

Group Home Facility: A residential facility which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such a facility shall be at least 4 residents but not more than 15 residents. (c. 393.063, F.S.)

Hardship: Conditions peculiar to a property and not the result of the actions of the applicant, or previous owners.

Hazardous Material: By hazardous chemical, toxic chemical, or extremely hazardous substance, as defined in s. 329 of Title III. (§252.82 F.S.)

Hazardous Waste: Solid waste, or a combination of solid wastes, 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 or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed.

Highest Adjacent Grade: The highest natural elevation of the ground surface adjacent to the proposed walls of a structure.

High Recharge Area: Geographic areas designated by a Florida Water Management District where, generally, water enters the aquifer system at a rate of greater than ten inches per year.

Historic Resources: Historically significant structures or archeological sites.

Historic Site: A single lot or portion of a lot containing an improvement, landscape feature, or archaeological site, or a historically related complex of improvements, landscape features or archaeological sites that may yield information on history or prehistory.

Historically Significant Structures: Structures listed on the National Register of Historic Places, the Florida Master Site File, or otherwise designated, by official action, as historic, and worthy of recognition or protection.

Home Occupation: An occupation for gain or support conducted solely by immediate members of a family residing in a dwelling, provided no article is sold or offered for sale except as may be produced on the premises by members of the family or used in performance in the service; and further provided that any said occupation shall be subject to all the provisions of subsection 3.08.06. The home occupation shall not change the character of the neighborhood in which it is located, by generating any traffic or deliveries that are not "usual" in the neighborhood. In general, home occupations shall include, but not be limited to, personal services such as are furnished by a computer operator, day care provider (five children or less, including her own), bookkeeper, musician, artist, beauty consultant, beauty operator, or seamstress. A public dining facility or tea room, antique or gift shop, or retail sales of any type shall be deemed a home occupation if the owners live on the premises; and, if the Development Director does not find the use to be large enough or intense enough to warrant a land use and/or zoning change.

Hospice Residential Unit: A homelike living facility, or other facility licensed under other parts of Chapter 400, F.S. (Nursing Homes and Related Health Care Facilities), or Chapter 395, F.S. (Hospitals), or under Chapter 429, F.S. (Assisted Care Communities), that is operated by a hospice for the benefit of its patients and is considered by a patient who lives there to be his or her primary residence. (Section 400.601, F.S.)

Hotel: A building or other structure used and maintained as primarily a place where sleeping and supplemental accommodations are supplied transient guests.

Hurricane Shelter: A structure designated by local officials as a place of safe refuge during a storm or hurricane.

Impervious Surface: Impervious surfaces shall include all land paved with concrete or asphalt that is used for off-street parking, driveways, sidewalks, patios, and service areas.

Incompatible Land Uses: Land uses which, if occurring adjacent to one another, have a detrimental effect on one or both of the uses.

Industrial Uses: The activities within land areas predominantly connected with manufacturing, assembly, processing, or storage of products and including, but not limited to:

Packing, crating, or shipping plants and terminals; publicly-owned or operated maintenance yard or utility plant.

Infrastructure: Those man-made structures which serve the common needs of the population, such as: sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways.

Inoperable vehicle: A motor vehicle which does not have a current state license plate; or a vehicle which is licensed but is disassembled, partially disassembled, wrecked or junked in part or in whole or is unable to move under its own power. Storage of more than three inoperable vehicles constitutes a junkyard. Inoperable vehicles not parked in a fully enclosed building, or not located on the premises of a licensed junkyard may be towed at the owner's expense and the owner may be subject to an additional fine.

[Note: An individual who is restoring, not for profit, a classic or antique vehicle, may have three inoperable vehicles parked on his premises in a fully enclosed building, as long as they are of the same make and model of the vehicle he is restoring.]

Isolated Wetland: Any wetland that has no hydrological or vegetative connections with any water of the state as defined in §327.02(28) F.S.

Junkyard: A place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or closed storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations. Storage of more than three inoperable vehicles constitutes a junkyard.

[Note: An individual who is restoring, not for profit, a classic or antique vehicle, may have 3 inoperable vehicles parked on his premises in a fully enclosed building, as long as they are of the same make and model of the vehicle he is restoring.]

Kennel: A commercial establishment where any number of personal pets (typically dogs and cats) are kept for boarding or lodging purposes for a fee. Pet grooming may be provided as an accessory use.

Land Development Regulations: Includes local zoning, subdivision, building, and other regulations controlling the development of land. (s. 380.031 F.S.)

Level of Service (LOS): An indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility.

Livestock: All animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle and other grazing animals, as well as fur bearing animals such as rabbits or chinchillas.

Local Road: A roadway providing service which is of relatively low traffic volume, short average trip length or minimal through traffic movements, and high volume land access for abutting property.

Lot: A parcel of land occupied or to be occupied by a principal use and meeting all the requirements of this ordinance, for a lot in the zoning district in which said land parcel is located. A lot need not necessarily coincide with a "lot of record" as herein defined.

Lot Width: The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that the width between the side lot lines at their foremost points (where they intersect with the street lines) shall not be less than 80% of the required lot width, except in the case of lots on the turning circle of a cul-de-sac, where the 80% requirement shall not apply.

Lot of Record: Land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of Hardee County, Florida.

Low-THC Cannabis: A plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, slat, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization.

Lowest Floor: The lowest enclosed floor of a structure, including a basement, but not including the floor of an area enclosed only with insect screening or wood lattice as permitted by the flood damage prevention regulations in this Code.

Lowest Order of Commercial Goods and Services: Those commercial uses generally compatible with a residential neighborhood. Properly buffered, such uses may include automobile service stations, bakeries, barber or beauty shops, delicatessens, drug stores, dry cleaning, food markets, ice cream shops, meat shops, repair shops, restaurants, or other professional or commercial uses comparable in nature and compatible with the surrounding area.

Manufactured Housing: Describes both modular and mobile homes since both are manufactured in a plant and trucked to the site. The differences are as follows:

Mobile Home: A residential structure that is transportable in one or more sections, and which is 8 feet (2.4 meters) or more in width, over 35 feet in length with the hitch, built on an integral chassis, and designed to be used as a dwelling when connected to the required utilities, including the plumbing, heating, air-conditioning, and electrical systems contained in the structure (Section 513.01, F.S.). Pursuant to Section 553.36, F.S., a mobile home shall be constructed to standards promulgated by the U.S. Department of Housing and Urban Development (HUD) and must bear the HUD label. This industry is regulated in Florida by the Department of Highway Safety and Motor Vehicles (DHSMV). Upon installation, a mobile home's wheels and axles may be removed, but the integral chassis must stay in place. To be acceptable in Florida, a mobile home must be installed by a manufactured/mobile home installer licensed by DHSMV.

Modular Home (DCA Home): A home that is built in sections (modules) at a factory and assembled on site and is designed, built, permitted and inspected to the Florida Building Code (FBC), and any other design standards the Town may adopt which apply to conventional construction, and must be installed on permanent foundations (e.g., poured footers, stem walls & poured piers or engineered slabs, just like site built homes) that are designed and built specifically for that home by a contractor licensed by the Department of

Business & Professional Regulation (DBPR) (it is a violation of Florida Statutes for a mobile home installer to install a modular home). To be acceptable in Florida, a modular home must bear the insignia of the Florida Department of Community Affairs (DCA) on the inside of the cover of the home's electrical panel. They are considered real property when installed on a permanent foundation, and insured as such. Modular buildings may include residential, commercial, institutional, storage, and industrial structures. (See Also Manufactured Building).

(NOTE): A few modular manufacturers continue to produce their homes on a mobile home type chassis (called "on-frame" construction, which is allowed in the FBC) and transport them on wheels and axles just like mobile homes, as opposed to most who construct [without the chassis] on typical floor joist type construction and transport the modules on a flat bed trailer, lifting them into place onsite with a crane. No matter the method of construction, the modular home must be installed by a licensed contractor on a permanent foundation, as specified in Chapter 428.4, Florida Building Code (FBC).

Manufacturing: Assembly or fabrication of parts which are free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare, that may be detectable to the normal senses from outside the building. Such uses shall operate entirely within enclosed structures, and the premises shall not contain any outdoor or open storage or aboveground tank storage of merchandise, products or materials or any outdoor or open storage of equipment, materials or other items utilized by such establishments except for automobiles and delivery or service trucks. Such uses shall not involve electrical interferences to television, radio or communication systems off the premises.

Mean Sea Level: The average height of the sea for all stages of the tide. For purposes of this Section the term is synonymous with National Geodetic Vertical Datum (NGVD).

Minerals: All solid minerals, including clay, gravel, phosphate rock, lime, shells (excluding live shellfish), stone, sand, heavy minerals, and any rare earths, which are contained in the soils or waters of the state.

Mining: The act of taking mineral substances from a pit or excavation in the earth.

Mini-Warehouse: A self-service facility consisting of individual self-contained units used for storage and no other purpose, plus an office/residence for a manager.

Minor Subdivision: Not more than four lots with no public improvements or dedications.

Mitigation: Any action, including but not limited to, restoration, enhancement, or creation of wetlands, required to be taken in order to offset environmental impacts of permitted activities.

Mobile Home Park: Development site on which mobile homes are installed and organized around a common set of amenities, including private internal roads, clubhouse or recreation facility, and common open space. A mobile home park may not be platted or otherwise divided by fee simple ownership; however, the sale of interests or memberships on a condominium basis is permitted. All facilities, including roads, are privately owned or owned in common by residents of the park.

Motel: A building or groups of buildings, whether detached or in connected units, used as sleeping accommodations designed primarily for transient automobile travelers. The term "motel" includes buildings designated as auto courts, tourist courts, motor lodges, motor hotels and similar appellations.

Motor Home: See Recreation Vehicle Unit.

Multiple Family Dwelling: Shall mean a structure designed or used for residential occupancy by more than two families, with or without common or separate kitchen or dining facilities, including apartment houses, apartment hotels, rooming houses, boarding houses, fraternities, sororities, dormitories, row houses, townhouses and similar housing types, but not including hotels, hospitals or nursing homes.

Murals: Painted art forms on walls or similar building areas devoid of commercial messages.

National Geodetic Vertical Datum (NGVD): A vertical control used as a reference for establishing varying elevations within the floodplain.

National Register of Historic Places: Established by Congress in 1935, the National Register of Historic Places is a listing of culturally significant buildings, structures, objects, sites, and districts in the United States. The listing is maintained by the U.S. Department of Interior.

Natural Drainage Features: The naturally occurring features of an area which accommodate the flow of stormwater, such as streams, rivers, lakes and wetlands.

Natural Reservations: Areas designated for conservation purposes, and operated by contractual agreement with or managed by a federal, state, regional or local government or non-profit agency such as: national parks, state parks, lands purchased under the Save Our Coast, Conservation and Recreation Lands or Save Our Rivers programs, sanctuaries, preserves, monuments, archaeological sites, historic sites, wildlife management areas, national seashores, and Outstanding Florida Waters.

Natural Resources: Land, air, surface water, ground water, drinking water supplies, fish and their habitats, wildlife and their habitats, biota, and other such resources.

Natural Vegetation: Vegetative communities that are native to, and therefore tolerant of, a particular geographic location.

New Construction: Structures or substantial improvements for which the "start of construction" occurred on or after the effective date of this Code, and any alteration, repair, reconstruction or improvements to a structure which is in compliance with these flood damage prevention regulations.

Nonconforming Lot of Record: See Section 7.11.00 of this Code.

Nonconforming Structure: A structure or portion thereof, existing at the effective date of this chapter, or any amendment thereto, which was occupied, designed, erected, intended, or structurally altered for a use not permitted at its location by the provisions of this chapter for a new use, and/or which does not conform to all of the regulations applicable to the district in which it is located. A nonconforming structure cannot be rebuilt, replaced or enlarged, except as provided in this Code. The presence of a nonconforming structure on a parcel of land does not allow the reestablishment of a nonconforming use which has been abandoned or eliminated. (See Section 7.11.00 of this Code.)

Nonconforming Use: The use of a structure or premises, existing at the effective date of the Comprehensive Plan, this Code, or any amendment thereto, for any purpose not permitted for a new use in the district in which it is located. Such a use must have been in compliance with all applicable regulations in effect at the time it was established. Nonconforming uses may continue indefinitely, except where this Code requires their elimination. In order to be considered nonconforming, a use must have been continuous since the adoption of the regulation(s) rendering it nonconforming, or have been discontinued for a period not to exceed 180 consecutive days. Nonconforming uses shall not be expanded, enlarged or increased in any manner, except as provided in this Code. Once a nonconforming use is eliminated, removed, or suspended for a period exceeding 12 months, associated land or structures shall be used only in accordance with the adopted Comprehensive Plan and this Code (see Section 7.11.00)

Nursing Home: Any facility which provides nursing services as defined in Chapter 464, F.S., and which is licensed according to Chapter 400, F.S. Facility means any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide, for a period exceeding 24-hours, nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services. (§400, F.S.)

Off-Site (Off-Premises) Commercial Sign: A permanently mounted sign advertising or identifying a commercial activity which is not located on the same parcel or lot as the business to which it refers.

On-Site Commercial Sign: A permanently mounted sign advertising or identifying a commercial activity which is located on the same parcel or lot as the business to which it refers. For purposes of this Code, a sign identifying an industrial facility or activity shall also be defined as an on-site commercial sign.

Open Space: Undeveloped lands suitable for passive recreation or conservation uses.

Overlay District: A district that is superimposed over one or more zoning districts or parts of districts and that imposes specified requirements in addition to those applicable in the underlying base zoning district.

Downtown Overlay District (DOD) Terms, Definitions, and Illustrations

Architectural Rhythm: The repetitive use of a group of visual elements across a building façade, which establishes a recognizable and coherent pattern of movement along a surface such as window and column arrangements, openings, and the extension of roof or cornice lines.

Façade (building façade): Building surface or face.

Façade Articulation: Physical changes in the depth of the surface of a building façade, demonstrated through things such as attached columns, recessed windows or window bays and recessed entranceways, and other forms of architectural expression including applied façade treatments.

Architectural Treatments: Enhancements applied to a building façade through painting, horizontal and vertical banding, belt courses, decorative cornices, simulated or faux texturing, or other similar material applications to provide ornamentation.

Belt Course: A continuous row or layer of stone, tile, brick, or other similar material across a wall or building façade.

Building Envelope: The exterior dimensions of a building that comprise its visible form and mass, including its height, width, depth, and shape.

Building Mass: The combined physical impact of the shape and bulk of a building, as demonstrated by its height, width, and depth.

Built Environment: Human-made spaces in which people live, work, and recreate on a day- to-day basis; An environment encompassed by places and spaces which have been created or modified by people including buildings, parks, and infrastructure and transportation systems.

Cornice: A decorative feature, found under the eaves of a roof, or projecting architectural moulding along the top of a building or a wall plane, the uppermost projecting section of an entablature.

Cross-Access Easement: Connections provided for both motor vehicles and pedestrians, which provide interconnected access between abutting lots to destinations such as businesses, eateries, offices, open spaces, trail systems, bus stops, entertainment venues, and other uses.

Form (Building Form): The shape and mass of a building. Building shapes can emphasize certain directional characteristics either horizontal, vertical, or square/box.

Low Impact Development (LID): Design techniques used to maintain or replicate pre- development hydrologic regimes by creating a functionally equivalent hydrologic landscape. LID encompasses a variety of stormwater management techniques, including bio-swales, rain gardens, and pervious pavements. These techniques reduce the amount of effective impervious area in a watershed, lessening the watershed volumes and runoff rates.

Parapet: A low, solid, protective wall or railing along the edge of a roof.

Screening: Treatments used to visually shield or separate undesirable elements of a site. Commonly used to obscure parking areas, utilities, dumpsters, and other similar elements on a site.

Walkability: A measure of how friendly an area is to walking. Walkability has many health, environmental, and economic benefits. Factors influencing walkability include the presence or absence and quality of footpaths, sidewalks, or other pedestrian walkways, traffic and road conditions, land use patterns, building accessibility, and safety, among others. Walkability within the built environment may be characterized by the 10-minute (0.25 mile) walk rule.

Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. (§380.031 F.S.)

Park: A pleasure ground set apart for recreation of the public to promote health and enjoyment. Park Model Recreation Vehicle (Park Trailer): See Recreational Vehicle Unit.

Parklet: A small space, typically the size of several parking spaces and extending out from the sidewalk at the level of the sidewalk to the width of the adjacent parking space, that serves as an extension of the sidewalk by providing amenities and green space for people using the street.

Places of Public Assembly: Any area, building, or structure where people assemble for a common purpose, such as a social, cultural, recreational, and/or religious purposes, whether owned and/or maintained by a for-profit or not-for-profit entity, and includes, but is not limited to, public assembly buildings such as auditoriums, theaters, halls, private clubs and fraternal lodges, assembly halls, exhibition halls, convention centers, and places of worship, or other areas, buildings, or structures that are used for religious purposes or assembly by persons.

Places of Worship: Any area, building, or structure where people assemble for religious purposes.

Planned Unit Development (PUD)/Planned Development Project (PDP): A form of development usually characterized by a unified site design for a number of housing units, clustering buildings, and providing common open space, density increases, and a mix of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis. It also refers to a process, mainly revolving around site-plan review, in which public officials have considerable involvement in determining the nature of the development. It includes aspects of both subdivision and zoning regulation and usually is administered either through a special permit or a rezoning process.

Plat: A map or drawing depicting the division of land into lots, blocks parcels, tracts, sited, or other divisions set forth in Chapter 177, F.S.

Playground: A recreation area with play apparatus.

Pollutant: Any substance, contaminant, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Pollution: The presence in the outdoor atmosphere, ground or water of any substances, contaminants, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water, in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property.

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

Potable Water: Water suitable for human consumption and which meets water quality standards determined by the Department of Health and Rehabilitative Services, provided through a public system or by private well.

Potable Water Facilities: A system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains.

Poultry: Includes chickens, turkeys, ducks, guineas, geese, pigeons raised as domesticated food birds, quail, and other domesticated food birds.

Prime Aquifer Recharge Areas: Geographic areas of recharge to the aquifer system, to be designated by the appropriate Water Management District, as critical for the continuation of potable ground water supplies.

Private School: A school which is not a public school and which is held, used or controlled exclusively by a private organization association or other private entity and is operated on a profit making basis or collects fees or dues in payment for use of such school.

Professional offices: Those uses which include, but are not limited to, dental, medical, photography, legal, architecture, real estate, insurance, accounting, finance, trade organizations, cooperatives, travel agency, government; where the principal use is that of providing such service but not primarily of a retail point of delivery.

Public Buildings and Grounds: Structures or lands that are owned, leased, or operated by a government entity, such as civic and community centers, hospitals, libraries, police stations, fire stations, and government administration buildings.

Public Facilities: Transportation systems or facilities, sewer systems or facilities, solid waste systems or facilities, drainage systems or facilities, potable water systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public health systems or facilities. Individual private potable water wells or septic systems are not public facilities.

Public Hurricane Shelter: A structure designated by local emergency management officials and the American Red Cross as a shelter during a hurricane. (s. 308.032 F.S.)

Public Sanitary Sewer Facilities: Sanitary sewer facilities which serve at least 15 service connections, or regularly serves at least 25 residents. Generally, a multi-user septic sank is not a public sanitary sewer facility.

Public Supply Potable Water Wellfield: A potable water wellfield that serves a public supply water system.

Public Supply Water System: A potable water facility which serves at least 15 service connections, or regularly serves at least 25 residents.

Public Supply Wellfield: See Public Supply Potable Water Wellfield

Recharge Areas: Geographic areas where the aquifer system is replenished through rainfall. Areas of high aquifer recharge are important for the continuation of potable ground water supplies.

Reclamation: The alteration and/or restoration of land, after a mining activity, establishing land suitable for agriculture, development, recreation, lakes, wetlands, or other natural environments.

Reclamation Plan: Plan for the rehabilitation, per Chapter 378, F.S., of land from which a mineral resource has been extracted.

Recreation: The pursuit of leisure time activities occurring in an indoor or outdoor setting. Recreation Facility: A component of a recreation site used by the public such as a trail, court, athletic field or swimming pool.

Recreation Uses, indoor: Indoor recreation uses include areas for recreation activities including, but not limited to, aquariums, day or youth camps, community or recreation centers, gymnasiums, libraries or museums, indoor skating rinks, indoor swimming pools, indoor tennis, racquetball, handball courts, and all other institutional, indoor recreation.

Recreation Uses, indoor commercial: This category consists of uses that share land use characteristics such as traffic-generation rates and bulk (buildings) requirements. These uses include but are not limited to, bowling alleys, dance studios, schools for martial arts, physical fitness centers, private clubs or lodges, movie theater, theaters and auditoriums, and indoor skating rinks.

Recreation Uses, outdoor: Outdoor recreation uses include areas for recreation activities including, but not limited to, arboretums, basketball courts, boat launching ramps, areas for cycling, docks, fish camps, hiking, and jogging, outdoor nature areas, parks (public or private), picnic areas, piers, playfields, playgrounds, outdoor swimming pools and springs, tennis courts, totlots, wildlife sanctuaries, and all other outdoor recreation uses. Specifically excluded are outdoor movie theaters, firing ranges, miniature golf courses, golf driving ranges, and marinas.

Recreation Uses, outdoor commercial: This group includes recreation uses that are greater nuisances than conventional outdoor recreation activities because of their size and scale, traffic volumes, noise, lights, or physical hazards such as flying objects or use of weapons. These uses include, but are not limited to, amusement parks, drive-in theaters, fairgrounds, commercial stables, golf driving ranges (including miniature golf), marinas, outdoor theaters (or amphitheaters), race tracks (e.g., auto, dog, go-kart, harness, horse, motorcycle), ranges (skeet, rifle, or archery), sport arenas, and all other outdoor commercial recreation uses.

Recreation Vehicle (RV): See Recreation Vehicle Unit.

Recreation Vehicle (RV) Campgrounds: A development designed specifically to accommodate recreation vehicles for overnight or limited vacation-season stays.

Recreation Vehicle (RV) Parks: A place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five (5) or more recreational vehicles or tents; the term also includes buildings and sites set aside for group camping and similar recreational facilities.

The terms "campground," "camping resort," "RV resort," "travel resort," and "travel park," or any variations of these terms, are synonymous with the term "recreational vehicle park" (Section 513.01, F.S.).

Recreation Vehicle (RV) Unit: Those units primarily designed as temporary living quarters for recreation, camping or travel use, which either have their own mode of power or are mounted on or drawn by another vehicle. When traveling on the public roadways of Florida, recreational vehicle units shall comply with the length and width provisions of Section 316.515, F.S., and as that Section may hereafter be amended. Unless stated otherwise, the following definitions are provided in Section 320.01, F.S.:

1.

"Travel trailer": 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 recreation, camping, or travel use. It is of a body width, not more than eight feet and a body length of no more than forty feet when factory equipped for the road.

2.

"Fifth-Wheel Trailer": A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit, of gross trailer area not to exceed four hundred (400) square feet in the setup mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.

3.

"Camping trailer": A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreation, camping or travel use.

4.

"Truck camper": A truck equipped with a portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters, for recreation, camping, or travel use.

5.

"Motor home": A vehicular unit which does not exceed the length, height, and width limitations provided in F.S. 316.515 that is built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreation, camping or travel use. Motor homes shall comply with the length and width provisions of Section 316.515, F.S., and as that Section may hereafter be amended. For the purposes of this Code, motor home shall NOT refer to "mobile home" or "manufactured home".

6.

"Park Trailer": A transportable unit which has a body width not exceeding 14 feet and which 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 stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to U.S. Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. (Section 320.01, FS).

7.

"Private Motor Coach": A vehicular unit which does not exceed the length, width, and height limitations provided in Section 316.519 (9), F.S., is built on a self- propelled bus type chassis having no fewer than three load-bearing axles, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use.

8.

"Van Conversion": A vehicular unit which does not exceed the length and width limitations provided in Section 316.515, F.S., is built on a self-propelled motor vehicle chassis, and is designed for recreation, camping, and travel use.

Redevelopment: Undertakings, activities, or projects of a county, municipality, or community redevelopment agency for the elimination and prevention of the development or spread of slums and blight or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment, or rehabilitation or conservation, or any combination or part thereof. (from §163.340 F.S.)

Regulatory Floodway: The channel of a river or other watercourse and the adjacent land areas that must be unobstructed in order to discharge the base flood without increasing the water surface elevation of that flood more than one foot at any point.

Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient use.

Residence: A single family dwelling or dwelling unit in a multiple family dwelling, which contains sleeping, bathroom, food refrigeration, cooking and dining facilities.

Residential Uses: Activities within land areas used predominantly for housing.

Restaurant, drive-in: A restaurant offering the service of food and/or beverages to a patron or patrons remaining in a vehicle. In addition, a restaurant which provides outdoor eating facilities accessible to patrons other than from within a building, or which dispenses food to patrons through a take-out window, shall be considered a drive-in restaurant.

Right-of-Way: Land which the state, a county, or a municipality owns, or which has been dedicated for purposes of transportation or distribution of utility service.

Road: A general term used to describe a facility which provides for vehicular movement. Roads are classified, by function, as follows:

Arterials - Arterial roads and highways are intended to serve moderate to large traffic volumes traveling relatively long distances. Requirements for speed and level of service are usually quite high. Access to arterial roads should be well controlled and, in general, limited to collector roads and highways. Arterial roads are used to surround neighborhoods and connect widely separated rural and suburban communities. The arterial system should form a continuous network designed for a free flow of through traffic.

Collectors - Collector roads are intended to serve as the connecting link for local roads and highways and to provide intra-neighborhood transportation. The traffic characteristics generally consist of relatively short trip lengths and moderate speeds and volumes. Access to collector roads should be restricted to local roads and highways and major traffic generators. Collectors should penetrate neighborhoods without forming a continuous network, thus discouraging through traffic which is better served by arterials.

Locals - The primary function of a local road is to serve the adjacent property by providing the initial access to the highway network. These facilities are characterized by short trip lengths, low speeds, and small traffic volumes. The design of the network should be directed toward eliminating through traffic from these facilities.

Roadway: The portion of the right-of-way which contains the road pavement, curb and gutter and shoulders.

Roadway Functional Classification: The assignment of roads into categories according to the character of service they provide in relation to the total road network. Basic functional categories include limited access facilities, arterial roads, and collector roads, which may be subcategorized into principal, major or minor levels. Those levels may be further grouped into urban and rural categories.

Rooming House: A residential building used, or intended to be used, as a place where sleeping or housekeeping accommodations are furnished or provided for pay to transient or permanent guests or tenants in which less than ten and more than three rooms are used for the accommodation of such guests or tenants, but which does not maintain a public dining room or cafe in the same building, nor in any building connected therewith.

Rowhouse: see Single Family Attached Dwelling Unit.

Sanitary Landfill:

a)

"Class I solid waste disposal area" means a disposal facility which receives an average of 20 tons or more per day, if scales are available, or 50 cubic yards or more per day of solid waste, as measured in place after covering, and which receives an initial cover daily;

b)

"Class II solid waste disposal area" means a disposal facility which receives an average of less than 50 cubic yards per day of solid waste, as measured in place after covering, and which receives an initial cover at least once every 4 days. (s. 171.031 F.S.)

Sanitary Sewer Facilities: Structures or systems designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants and disposal systems.

Seasonal Population: Part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population shall include tourists, migrant farmworkers, and other short-term and long-term visitors.

Septic Tank: A watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system. (Chapter 10D-6 F.A.C.)

Service Garage: See Automotive Repair, Major.

Service Station: Includes activities listed under "Gasoline Sales (No Service)", plus: activities conducted at a service garage including the sale of any motor fuels, oils, or automotive accessories and maintenance or small-scale mechanical work on motor vehicles. This shall include inspection, maintenance, repair or replacement of the following: brake systems; ignition and electrical systems; carburetors and fuel systems; batteries; oil, antifreeze and other fluids; and, tires. Also included are auto washing and detailing, and the tuning and adjustment, but not disassembly or removal, of engines and transmissions.

Services: The programs and employees determined necessary by local government to provide adequate operation and maintenance of public facilities and infrastructure as well as those educational, health care, social and other programs necessary to support the programs, public facilities, and infrastructure set out in the local plan or required by local, state, or federal law.

Setback: The minimum required distance between the property line and a structure, as measured from the nearest point of ground support (i.e., wall or vertical support pole). Roofs, terraces and other cantilevered projections may extend no more than three feet into a required setback area.

Sewage Disposal Facility: Facility or property used in conjunction with a wastewater treatment plant for the disposal and/or purification of treated sewage effluent including, but not limited to, spraying, land spreading, and artificial wetlands, including a private package treatment plant.

Sewer Plant (Off Site): A public sewer collection and treatment system.

Sewer Plant (On Site): A privately owned sewer collection and treatment system. s.f.: In taking measurements, square feet.

Side Yard: An open unoccupied space within the lot between a side lot line and the parts of the building, structure, or outbuilding nearest thereto; such side yard shall extend on both sides of the lot through from the street line to rear line of said lot.

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

Significant Adverse Effect: Any modification, alteration, or effect upon a wetland protection or Wetland Transitional Zone which measurably reduces the wetland's beneficial functions as delineated in the Conservation Element of the Town of Zolfo Springs Comprehensive Plan.

Single Family Attached Dwelling Unit: Residential dwelling unit designed and constructed to meet Standard Building Code requirements for single family attached structures, sharing a common side wall with at least one other unit, and having a designated yard and entrance that are not shared with other units. Such units shall be built only on property that is platted according to applicable subdivision regulations provided in Article 7. This definition includes cluster development, garden homes, townhomes, rowhouses, zero lot line homes and z-lot development.

Single Housekeeping Unit: shall be defined as an individual or two or more individuals living together in a stable, non-temporary group and meeting most, or all, of the following characteristics: common access to all parts of the dwelling; common ownership of furniture, appliances and other household property; sharing of income, expenses and household responsibilities; sharing responsibilities in caring for children, where applicable; consumption of meals and celebration of special occasions together; and sharing close social, economic, and psychological commitments to each other.

Site: The location of a significant event, activity, building, structure, or archaeological resource.

Site Development Plan: A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open spaces, buildings, major landscape features - both natural and man-made - and, depending on requirements, the locations of proposed utility lines.

Site Plan Review: The process whereby local officials review the site plans and maps of a developer to assure that they meet the stated purposes and standards of land development regulations, provide for the necessary public facilities, and protect and preserve topographical features and adjacent properties through appropriate siting of structures and landscaping.

Solid Waste: Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

Solid Waste Facilities: Structures or systems designed for the collection, processing or disposal of solid wastes, including hazardous wastes, and includes transfer stations, processing plants, recycling plants, and disposal systems.

Special Exception: A use which may be permitted in a district through the granting by the Planning and Zoning Board of a special exception upon a finding by that Board that it meets conditions specified by this Code.

Special Needs Housing: Facilities that provide 24-hour care, services and housing in an institutional or residential setting for adults and/or children with conditions, disabilities or circumstances that qualify them for short or long-term housing and care. Such facilities include, but are not limited to: Adult Family-Care Home, Assisted Living Facility, Family Foster Home, Foster Care Facility, Group Home Facility, Hospice Residential Unit, Nursing Home Facility, and other similar facilities and homes; all of which are defined elsewhere in this Article.

Standard Housing: Dwelling units that meet the federal Minimum Housing Quality Standards as established for the HUD Section 8 Program.

Start of Construction: The date the construction permit was issued, provided the "actual start of construction" was within 180 days of the permit date. The "actual start of construction" means the first placement of permanent elements of a structure on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or of the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; erection of temporary forms; or the installation of accessory structures.

Stormwater: The flow of water which results from a rainfall event.

Street: A public or approved private thoroughfare which affords the principal means of access to abutting property. Street includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of ingress or egress, regardless of the descriptive term used.

Structure: Anything constructed or installed which is rigidly and permanently attached to the ground or to another object which is rigidly and permanently attached to the ground. This shall include but not be limited to supporting walls, signs, screened or unscreened enclosures covered by a permanent roof, swimming pools, poles, and pipelines.

Subdivision: Any tract or plot of land divided into three or more lots or parcels, for sale, lease or rent for residential, industrial or commercial use, regardless of whether the lots or parcels are described by reference to recorded plats, metes and bounds description, or by any other legal method. (§10D-6 F.A.C.)

Substantial Improvement: Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during the life of a structure, in which the cumulative cost equals or exceeds 50% of the market value of the structure. The market value of the structure is the appraised value of the structure prior to the start of the initial repair or improvement, or, in the case of damage, the value of the structure prior to the occurrence of the damage. For the purposes of this definition, "substantial improvement" occurs when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any improvement of a structure to comply with existing health, sanitary, or safety codes, or any alteration of a structure listed on the National Register of Historic Places, the Local Register of Historic Places, or a State Inventory of Historic Places, unless that alteration will cause the structure to lose its historical designation.

SWFWMD: The Southwest Florida Water Management District.

Swimming Pool: Any body of water or receptacle for water having a depth at any point greater than eighteen inches (18"), used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground.

Technical Review Committee: An appointed subcommittee of the Planning and Zoning Board that can be include private individuals, staff members from the Town, and members of the Planning and Zoning Board; and is usually comprised of three or four members.

Temporary Sign: Any sign not permanently mounted on a support structure and intended to remain at the location permanently. Temporary signs are often illegally located as to setback and site clearances.

Townhome, Townhouse: A design term, referring to the physical form of more than two single family attached homes with a ground floor entry. Also, see Single- Family Attached Dwelling Unit.

Transitional Zone: Upland areas adjacent to wetlands which are necessary to protect the wetlands and wetland species from the detrimental impacts of development or alteration. The transitional zone shall include canopy, understory and groundcover which consists of preserved existing vegetation or planted native species.

Travel trailer: See Recreation Vehicle Unit. Truck camper: See Recreation Vehicle Unit.

Truckstop: An establishment where the principal use is primarily the refueling and servicing of trucks and tractor-trailer rigs. Such establishments may have restaurants or snack bars and sleeping accommodations for the drivers of said equipment and may provide facilities for the repair and maintenance of said equipment.

Unique Natural Habitats: "Habitat" means the environment in which an animal normally lives and in which it meets its basic need for food, water, cover, breeding space, and group territory. "Unique" means the occurrence is rare or infrequent or is of special social/cultural, economic, educational, aesthetic or scientific value. Areas where endangered, threatened or rare species, or remnant native plant species, occur.

Unique Natural Resources: Natural resources which are rare or infrequent in occurrence, or are of special social/cultural, economic, educational, aesthetic or scientific value.

Urban Sprawl: Scattered, untimely, poorly planned urban development that occurs in urban fringe and rural areas and frequently invades lands important for environmental, agricultural and natural resource protection. Urban sprawl typically manifests itself in one or more of the following ways: 1) leapfrog development; 2) ribbon or strip development; and 3) large expanses of low-density development.

U.S.C. & G.S: United States Coast and Geodetic Survey.

Use: The purpose for which land or water or a structure thereon is designated, arranged, or intended to be occupied or utilized or for which it is occupied or maintained. The use of land or water in the various zoning districts is governed by this zoning ordinance.

Use of Land or Water: Includes use of land, water surface, and land under water to the extent covered by zoning districts, and over which the Town of Zolfo Springs has jurisdiction.

Variance: A variance is a relaxation of the terms of this zoning ordinance where said variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant or previous owner, a literal enforcement of the requirements of this ordinance would result in unnecessary and undue hardship on the land. A variance is authorized only for height, area, and size of structure or size of yards in open spaces. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance; nor shall a variance be granted because of the presence of nonconformities in the zoning classification or district or adjoining zoning classifications or districts.

Vegetative Communities: Ecological communities, such as coastal strands, oak hammocks, and cypress swamps, which are classified based on the presence of certain soils, vegetation and animals.

Vested Right: A right is vested when it has become absolute and fixed and cannot be defeated or denied by subsequent conditions or change in regulations, unless it is taken and paid for. There is no vested right to an existing zoning classification or to have zoning remain the same forever. However, once development has been started or has been completed, there is a right to maintain that particular use regardless of the classification given the property. In order for a nonconforming use to earn the right to continue when the zoning is changed, the right must have been vested before the change. If the right to complete the development was not vested, it may not be built, no nonconforming use will be established, and the new regulations will have to be complied with.

Veterinary Clinic: Facility for the treatment of animals where all animals are kept within a completely enclosed structure. No outside runs or pens are allowed. When in conjunction with a kennel, the regulations for kennels shall apply.

Warehouse, Mini (Self-storage) Facility: Any building or group of buildings that is composed of contiguous individual rooms, which are rented to the individual customers for the storage of personal property and which have independent access and locks under the control of the tenant.

Water or Waters: Includes, but is not limited to, water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, streams, rivers, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground.

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

Watercourse: Any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, banks, or other discernible boundary.

Water Plant (Off Site): A public water treatment and distribution system.

Water Plant (On Site): A privately owned water treatment and distribution system.

Water Wells: Wells excavated, drilled, dug, or driven for the supply of industrial, agricultural or potable water for general public consumption.

Wetlands: Lands which are identified by being inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The definition includes all contiguous and noncontiguous or isolated wetlands to waters, water bodies, and watercourses. Wetlands include, but are not limited to swamp hammocks, hardwood hybrid hammocks, riverian cypress, cypress ponds, bayheads, bogs, wet prairies and freshwater marshes. Dominant wetland vegetation shall be determined as provided in Rule 17-301.400, F.A.C.

Wetlands Vegetation: Vegetation identified as wetland species in Rule 17-301.400 F.A.C. Xeriscaping: Any water conserving landscaping technique that takes into account sunlight intensity, soil conditions and the use of drought tolerant vegetation for the purpose of providing an alternative to the traditional turfgrass dominated lawn.

Yard, generally: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above ground level of the graded lot upward; provided, however, that fences, walls, hedges, poles, posts, children's play equipment, and other customary yard accessories, ornaments, statuary and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction to visibility.

Yard, front: A yard extended between side lot lines across the front of a lot adjoining a street. Depth of a required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of a side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.

Where lots in residential districts comprising 40% or more of the frontage on one side of the street between intersecting streets are developed with structures having an average front yard, with a variation of no more than six feet, no building thereafter erected shall project beyond the average line so established. This provision applies in all residential districts.

Yard, side: A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line, to the point of the lot farthest from the intersection of the lot line involved with any public street.

Yard, rear: A yard extending across the rear of the lot between inner side yard lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by a district regulation with its inner edge parallel with the rear lot line.

Yard Sale: See Garage Sale.

Z-lot development: See Single Family Attached Dwelling Unit.

Zero Lot Line: A development approach in which a building is sited on one or more lot lines with no yard. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. Virtually all zoning ordinances retain yard requirements; where zero lot line developments have been permitted, they have been handled through variances or planned unit development procedures, or other devices which allow for site plan review. The few ordinances which specifically authorize the zero lot line approach do so as an exception to prevailing regulations and under clearly defined circumstances.

25-Year Frequency, 24-Hour Duration Storm Event: A storm event and associated rainfall during a continuous 24-hour period that may be expected to occur once every 25 years. Its associated floodplain is that land which may be expected to be flooded during the storm event.

(Ord. No. 2021-09 , § 4(Exh. A), 11-23-2021)