§ 50-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except were the context clearly indicates a different meaning. For purposes of articles IV and VI of this chapter, where terms are not defined in this section and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code, unless the context clearly indicates a different meaning.

A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated DbA. The A scale is weighted to match the sensitivities of the human ear which can typically distinguish pitch between 20 hertz and 20,000 hertz. On the A scale, higher tones are given more weight than lower tones.

Abandoned sign means any sign face which advertises a bona fide business no longer conducted or product no longer sold; any previously permitted portable or temporary sign of which permitted time has expired. In making the determination that a sign advertises a bona fide business no longer being conducted, the building official shall consider the existence or absence of a current occupational license, utility service deposit on account, use of the premises and relocation of the business; or any sign structure which has not been used for bona fide business purposes for over six months, that is nonconforming as to existing codes regarding height, setback or maintenance.

Accident potential hazard area means an area within 5,000 feet of the approach or departure end of a runway or in proximity to an airport which aircraft may maneuver after takeoff or before landing and are subject to the greatest potential to crash into a structure or the ground.

Accessory structure or appurtenant structure means a structure located on the same parcel or lot as the principal structure and the use of which is subordinate or customarily incidental to the principal use of the principal structure. Accessory structures shall include, but not be limited to, barns, pole barns, sheds, storage buildings, and other similar structures.

Accessory use means a use which is functionally related to the principal use of the property, and shall include but not be limited to, uses carried on in barns, pole barns, sheds, storage buildings, and other similar structures, and other similar uses, which are essential to or customarily a part of the principal use.

Active mine means any lawful mining operation where the activity of mining, extraction and/or processing of minerals, resources, or natural resources is present, or a mining operation that is dormant and the owner/operator has maintained a valid permit from the appropriate State entity such as the Florida Department of Environmental Protection or the applicable Florida Water Management District, or any mining operation began after January 22, 1975, which obtained county approval through the special exception review process as required by Ordinance 75-1, and amendments thereto.

Administrator means the official designated by the board of county commissioners for the administration and enforcement of this chapter. Currently, this is the zoning officer.

Adverse effect means increases in flood elevations on adjacent properties attributed to physical changes in the characteristics of the official 100-year flood area due to development.

Airport means, for purpose of article III, division 2 of this chapter, the Williston Municipal Airport.

Airport means a transportation facility where aircraft takeoff and land.

Airport elevation means the highest point of an airport's usable landing area measured in feet above mean sea level.

Airport obstruction means any structure or object of natural growth or use of land which would exceed the federal obstruction standards as contained in 14 CFR 77.21, 77.23, 77.25 and 77.28 or which obstruct the airspace required for flight of aircraft in landing and takeoff at an airport or is otherwise hazardous to such landing or takeoff of aircraft.

Airspace height means to determine the height limits in all zones set forth in this chapter, the datum shall be mean sea level elevation (AMSL) unless otherwise specified.

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

Alteration of a watercourse means 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 base flood.

Ambient noise level means the total outdoor sound pressure level at a location due to all normally occurring sound sources.

ANSI means the American National Standards Institute.

Apartment means a portion of a building equipped with housekeeping facilities and used as a dwelling for which periodic compensation is paid, and is occupied by a person other than the legal owner.

Appeal means a request for a review of the interpretation or administrative application of any provision of this chapter by the zoning officer or other county administrative staff or county official whose power or duty it is to enforce or administer the provisions of this chapter, or a request for a review of the interpretation or administrative application of any provision of the flood damage prevention provisions of this chapter by the floodplain administrator, whichever the context indicates.

Areas of sign means the total surface of a sign including the background and frame but not structural supporting elements outside of its frame. Where a sign is composed of skeleton letters, characters or symbols applied to a frame to a background which is not a structural part of the sign, the area of the sign shall be the smallest triangle, rectangle or circle which will include the display. Where a sign is built with two faces back-to-back, the area of the sign shall be the sum of the areas of the two faces computed as specified in this section.

ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code, and developed and published by the American Society of Civil Engineers, Reston, Virginia.

Automobile service or repair means the performance of mechanical service or repairs to automobiles or motor vehicles, which may include the sale of petroleum products and incidental sale of automobile or motor vehicle parts related to such service or repairs. Automobile service or repair does not include automobile paint and body work.

Automobile service or repair station, or service station, means the commercial facility where automobile service or repair is performed. Automobile service or repair station or service station does not include an automobile paint and body shop.

(1)

All such vehicles or parts shall be located within a fenced compound yard. As used in this subsection, the term "fence" means opaque chain link, solid board or masonry at least six feet higher than the crown of the road, unbroken except for a gate which shall be closed at all times except to take vehicles or major parts thereof in or out of the compound.

(2)

All such vehicles shall have their titles held by a party other than the owner of the business seeking the exception.

Banner means any sign with characters, letters, illustrations or ornamentation applied to cloth, paper or fabric of any kind that is not permanently attached to a solid backing of wood, metal or masonry.

Base flood means a flood having a one-percent chance of being equaled or exceeded in any given year. The base flood may also be referred to in this chapter and is commonly referred to as the "100-year flood" or the "one-percent-annual chance flood."

Base flood elevation or BFE means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM).

Basement means, for purposes of the flood damage prevention provisions contained in article VI of this chapter, as the same may be amended, any portion of a building having its floor sub-grade, i.e., below ground level, on all sides.

Basement means, for purposes of the provisions of this chapter unrelated to the flood damage prevention provisions contained in article VI of this chapter, a story having a part, but not more than one-half of its height below grade. A basement is counted for the purpose of determining compliance with height regulations.

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

Board of adjustment means the board of adjustment of the county or when appropriate to the context shall include any other such board appointed by the board of county commissioners.

Boardinghouse means a dwelling other than a hotel, where, for compensation and by prearrangement for definite periods, lodging and meals are provided for three or more persons.

Borrow pit means a type of mining operation where subsurface excavation of minerals, resources, or natural resources is conducted mechanically or without the use of explosives, and where such minerals or resources are intended for use as fill material in any type of construction activities or other uses, and where no processing of such minerals or resources are conducted onsite. Processing of such minerals or resources would include, by way of example but not of limitation, crushing, washing, mixing or other processing techniques.

Building means for purposes of article XI of this chapter, a structure and shall be construed as if followed by the phrase "or part thereof."

Building means, for purposes of the flood damage prevention provisions contained in article VI of this chapter, as the same may be amended, the same as the term "structure" defined in this section for the flood damage prevention provisions.

Building for purposes of article XIII of this chapter means any structure having a roof supported by columns or walls, used for shelter, housing or enclosure of persons.

Building, accessory, means a subordinate building, the use of which is incidental to that of the dominant use of the main building or land.

Building, alterations of, means any change in the supporting members of a building, such as bearing walls, beams, columns and girders, except at the discretion of the building official, shall be required for its safety; any addition to a building; and any changes in use resulting from moving a building from one location to another.

Building, coverage, means that percentage of the plot of land area covered by the principal and accessory buildings, including covered porches, carports and breezeways, but excluding open patios.

Building front foot means each foot, or major portion thereof, measured along the main entry of a building. Where buildings are for an "L" or "U," all main entry sides are measured.

Building height means the vertical distance measured from the main level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.

Building official means the officer or other designated employee or authority charged by the board of county commissioners and by the provisions of F.S. ch. 553, with the administration and enforcement of the Florida Building Code, as amended by local amendments contained in

this chapter, and as may be amended from time to time, within the unincorporated area of the county and within the boundaries of any municipality that may enter into an agreement with the county for such building official to act as the building official for such municipality.

Building, principal (i.e., principal building), or principal structure, means a structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a principal building or principal structure on the district lot on which the dwelling is located.

Building setback line means a line across a lot, generally parallel to the street right-of-way line, or the side lot line or the rear lot line, indicating the limit beyond which buildings may not be erected.

Camp means the location for temporary use of structures or recreational vehicles as residences for seasonal hunting or fishing characterized by permanent electric, sanitary wastewater, and plumbing facilities provided at the location, or where the camper provides self-contained electric, sanitary wastewater, and plumbing facilities with the camping equipment.

Camping means the act of camping at a camp.

Central sewer system means any sanitary sewer system which is regulated by the state department of environmental protection for the issuance of permits to authorize construction or operation. Systems regulated by the state department of health are not to be considered central sewer systems.

Central water system means any potable water system which is regulated by the state department of environmental protection for the issuance of permits to authorize construction or operation, unless otherwise defined by the definition of noncentral water system.

Clean fill means, as used in section 50-850 hereof, uncontaminated rock, clay, concrete, sand and topsoil.

Clinic means a building or a portion of a building where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing together.

Coastal construction control line means the line established by the state of Florida pursuant to F.S. § 161.053, as the same may be amended, and recorded in the official records of the county, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.

Coastal high hazard area or high hazard area subject to high velocity wave action or V-zone means the special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as zone V1-V30, VE or V.

Collector street means a collector serves to connect local streets, which provides primarily low-speed, low-volume access to property, to the arterial system, which serves primarily to carry high-speed, high-volume, through traffic between relatively remote origins/destinations. As used in this chapter, collector streets shall be further defined as:

(1)

Collector I. Any street, regardless of the number of interconnections, which serves or which has the potential to serve between 30 and 60 lots, parcels, tracts and multifamily dwelling units combined.

(2)

Collector II. Any street, regardless of the number of interconnections, which serves or which has the potential to serve more than 60 lots, parcels, tracts and multifamily dwelling units combined.

Commercial districts or land use means any property within designated commercial areas and shown on the future land use map or activities within land areas which are predominantly connected with the sale, rental and distribution of products, or performance of services. Commercially designated lands may include but are not limited to property zoned C-1, C-2, C-3 and C-4 by the county zoning schedule.

Commercial extraction means, as used in section 50-850 hereof, the extraction of minerals, resources or natural resources intended for subsequent sale.

Commercial recreation enterprise or business means any for-profit establishment, organization or corporation primarily engaged in providing retail sales and services, facility and entertainment for a fee, admission charge or other compensation.

Community sewer and water systems means municipal service district or special district owned sewer and/or water systems meeting the minimum standards set by the state.

Comprehensive plan means the Levy County Comprehensive Plan, adopted pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. ch. 163, and any other applicable law.

Concentrated commercial farming means the raising of animals on any property which may by numbers of animals, noise, dust, odor, or other factors, be obnoxious to or incompatible with any uses on an adjacent property, and which may include but are not limited to, dairies, feed lots, pig parlors, chicken farms, and other similar uses, and which is located within 1,320 feet of any residential structure. While the number of animals is not the only factor that may determine a use to be considered concentrated commercial farming, in the event that numbers of animals is a factor in the proposed use, the raising of numbers of animals that exceed the following thresholds will automatically constitute concentrated commercial farming:

Animal Category	Maximum Per Acre Per Category
Cows, oxen, buffalo, beefalo, other ruminants	2
Swine and horses	1
Poultry and fowl	20
Rabbits	20

 

Conditional use permit means a mechanism for allowing a use not specifically listed in the use regulations for a zoning district as a permitted use, accessory use, or special exception use, but which by its very nature is compatible with the applicable zoning district.

Construction permit means a permit authorizing installation of improvements, issued following the approval of the preliminary plat and construction plans.

Construction sign means a sign announcing and identifying the construction project scheduled or underway on the site where the sign is located.

Country club means use of buildings and premises for social and recreational activities, catering exclusively to the membership. This may include a clubhouse with dining facilities, a golf course driving range, tennis/racquetball court, swimming pool, health and fitness facilities and other customary uses and does not include any vehicular/motorized recreational activities (i.e., dirt bikes, ATVs, mudbogging trucks, go-carts, etc.) or racetracks of any kind.

County engineer means road superintendent or other designated employee or agent or county.

Cul-de-sac means a street terminated at the end by a vehicular turnaround.

Dairy means any agribusiness which involves the milking of animals of any species. All dairies are subject to special exception review and regulated by the concentrated commercial farming provisions of this article.

Day care center means any place operated by a person, society, agency, corporation or institution, or any group wherein are received, for pay, children under 18 years of age for group care, without transfer of custody, for more than four hours and less than 24 hours per day.

Decibel or dB means a unit for describing the amplitude of sound, equal to 20 times the logarithm of the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals per square meter.

Departments mean departments authorized by the board of county commissioners to control, within specified limits, the various functions performed by the board of county commissioners, such as the road and bridge department, the development department, the parks and recreation department, etc.

Design flood means the flood associated with the greater of the following two areas:

(1)

Area with a floodplain subject to a one-percent or greater chance of flooding in any year; or

(2)

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Design flood elevation means the elevation of the design flood, including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two feet.

Developer means any person who engages in development, either as the owner or as the agent of an owner of the property.

Developer, applicant, subdivider means the person or legal entity that applied for approval of a plat of subdivision pursuant to this chapter, or person duly authorized thereby.

Development means, for purposes of the flood damage prevention provisions contained in this section and article VI of this chapter, as the same may be amended, any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or any other land disturbing activities, or storage of materials or equipment.

Development means, for purposes of the provisions of this chapter unrelated to the flood damage prevention provisions contained in article VI hereof, the same as the definition of "development" contained in F.S. § 380.04, as the same may be amended, unless the context clearly indicates otherwise.

Directional sign means any sign used to indicate the direction to entrances, exits, parking areas, restrooms or other nonbusiness related facilities on-site.

Directory sign means a sign which gives the names of businesses or individuals located in the building or complex where it is located.

District means a section of the county for which the zoning regulations govern the use of buildings and premises, the height of buildings, the size of yards and where the intensity of use is uniform.

Domestic animals mean all household pets normally kept for companionship and not raised or kept primarily for the production of income.

Domestic livestock means cattle, horses, hogs, sheep, goats and poultry of all kinds, used or raised on a farm for use or profit.

Double-face sign means a sign with two faces which are no more than three feet apart at their closest point, and which describe an internal angle between face planes extended of no more than 60 degrees.

Dwelling means any building, vehicle or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons including "factory built housing" as defined in F.S. ch. 553, pt. IV (F.S. § 553.35 et seq.). The term "dwelling" shall not be deemed to include automobile court, roominghouse, tourist home, hotel, hospital, nursing home, dormitory, fraternity or sorority house, or other student residence as defined in this section.

(1)

Dwelling, mobile home, means a movable or portable dwelling over 35 feet in length and containing over 500 square feet of floor area, constructed to be towed on its own chassis, connected to utilities and designed for yearround occupancy, which can consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or of two or more units separately towable but designed to be joined into one integral unit.

(2)

Dwelling, multifamily, means a building designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units. Such buildings shall consist of the following types:

a.

Medium-density dwellings. A multifamily dwelling containing up to six dwelling units per structure and not exceeding two stories in height.

b.

High-density dwellings. A multifamily dwelling containing seven to 12 dwelling units per structure and not exceeding three stories in height.

(3)

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family, except for a mobile home as defined in subsection (1) of this definition.

(4)

Dwelling, two-family, means a detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

Dwelling unit means one or more rooms, including a kitchen (or kitchenette) and sanitary facilities, in a dwelling structure designed as a unit for occupancy by not more than one family for living and sleeping purposes, except a mobile home or travel trailer.

Easement means, for purposes of article XI of this chapter, a strip of land intended for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude. Easements for ingress and egress shall be at least 30 feet in width and may serve no more than two lots, tracts or parcels, subject to the variance provisions of this chapter and conformance to the requirements of article XVI of this chapter.

Easement means, for purposes of article XIII of this chapter, a strip of land intended for public or private utilities, drainage, sanitation or other specified use having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude. Easements for ingress and egress shall be at least 60 feet in width, inclusive of a ten-foot utility easement.

Elevation means the height in feet above mean sea level as established by the National Geodetic Vertical Datum of 1929, or the North American Vertical Datum of 1988.

Embellishments means extensions of the major graphic area to include integral copy of design, the area of which extension does not exceed ten percent of the sign face area. Additional panels for supplementary copy are not embellishments.

Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

Encroachment means, for purposes of the flood damage prevention provisions contained in article VI of this chapter, as the same may be amended, the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area, which may impede or alter the flow capacity of a riverine flood hazard area.

Enforcement agent means an authorized and qualified employee of the county sheriff's office, office of code enforcement or the office of animal control charged with the responsibility of enforcing this chapter.

Essential public utility services means electric transmission and distribution lines, including electric utility poles, transmission towers and electric substations, telephone lines, telephone facilities, utility poles and street lighting, natural gas lines, public drainage facilities, well houses, and water or sewer facilities, and other similar equipment necessary for the furnishing of adequate utility services.

Excavation and fill permit means the required permit for any excavation or extraction of minerals, resources, or natural resources pursuant to section 50-850 hereof.

Excavation or extraction of resources means the removal of minerals, resources, or natural resources from their location so as to make them suitable for commercial, industrial, or construction use. The term excavation shall not be interpreted to include excavation in connection with building construction or other legally permitted activities. The cumulative effects of tree farming and plant nurseries shall not be construed as excavation or fill activities, or as fill removal.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before March 1, 1984.

Existing structure means, for the purposes of the flood damage prevention provisions contained in article VI of this chapter, as the same may be amended, any building or structure for which the start of construction commenced before March 1, 1984.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets. Any expansion is considered new construction.

Farm operation means all conditions or activities by the owner, lessee, agent, independent contractor, and supplier which occur on a farm in connection with the production of farm products and includes, but is not limited to, the marketing of produce at roadside stands or farm markets, the operation of machinery and irrigation pumps and as described pursuant to F.S. § 823.14.

Fascia sign means a sign located on the fascia of a roof or canopy including signs that extend the plane of the structural fascia such that the vertical dimension of the sign is no more than one-third the distance from the ground to the bottom of the fascia, and no lateral supports are used.

Federal Emergency Management Agency or FEMA means the federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

Fill means extracted mineral or natural resources deposited onto a parcel of land. The source of the material originates from another location and shall include any suitable material deposited for the purpose of raising the level of the natural land surface. The cumulative effects of tree farming and plant nurseries shall not be construed as excavation or fill activities, or as fill removal.

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

(1)

The overflow of inland or tidal waters; or

(2)

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

Flood damage-resistant materials means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

Flood hazard area means the greater of the following two areas:

(1)

The area within a floodplain subject to a one-percent or greater chance of flooding in any year.

(2)

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Flood elevation of record means the maximum flood elevations for which historical records exist.

Flood insurance rate map or FIRM means 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.

Flood insurance study or FIS means the official report provided by the Federal Emergency Management Agency that contains the FIRM, the flood boundary and floodway map (if applicable), the water surface elevations of the base flood, and supporting technical data.

Floodplain means any land area susceptible to being inundated by water from any source.

Floodplain administrator means the individual appointed to administer and enforce the flood damage prevention provisions contained in article VI of this chapter, as the same may be amended.

Floodplain development permit or approval means an official document or certificate issued by the county, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with the flood damage prevention provisions contained in article VI of this chapter, as the same may be amended.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain management regulations means the applicable definitions contained in this section, the flood damage prevention provisions contained in article VI of this chapter, and other zoning regulations, subdivision regulations, building codes, health regulations, special purpose regulations including but not limited to floodplain regulations, grading regulations, and erosion control regulations, if any, as any of the foregoing may be amended, and other applications of police power which control development in flood-prone areas. This term describes federal, State of Florida, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

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

Floodway encroachment analysis means an engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models.

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

Floor area means the gross horizontal areas of all floors, including penthouses (but excluding such areas within a building which are used for parking), measured from the exterior faces or columns of the exterior walls of a building. Basements shall be included as one-half the floor area.

Florida Building Code or FBC means the family of codes adopted by the Florida Building Commission, as the same may be amended, including: Florida Building Code: Building; Florida Building Code: Residential; Florida Building Code: Existing Building; Florida Building Code: Mechanical; Florida Building Code: Plumbing; Florida Building Code: Fuel Gas; Florida Building Code: Test Protocols; Florida Building Code: Accessibility; Florida Building Code: Energy Conservation, and all other codes adopted as part of the Florida Building Code.

Freestanding sign means any sign supported by uprights or braces placed upon or in or supported by the ground, a fence or nonstructural wall. This definition shall include signs attached to buildings but supported in whole or in part as described in this definition.

Frontage street means all the property on one side of a street between two streets which intersect such street (crossing or termination), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between a street which intersects such street and the dead end of the street.

Functionally dependent use means, for purposes of the flood damage prevention provisions contained in article VI of this chapter, as the same may be amended, a use that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading and unloading of cargo or passengers, or shipbuilding or ship repair facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

Future land use designation means the generalized land use category shown on the adopted county comprehensive plan future land use map.

Garage, private, means an accessory building designed or used for the storage of motor-driven vehicles owned and used by occupants of the building to which it is accessory, and not to be used as a place for mechanical work on motor-driven vehicles except owner repairs by the occupants of the building to which it is accessory.

Gas station means a use or a business that sells fuel for automobiles or other motorized vehicles, but does not include a use or business that performs service or repair to automobiles or other motorized vehicles. A gas station may be combined with other retail sales operations, such as a convenience store.

General farming and forestry means the cultivation of plants or trees, or the raising of animals or insects. If any operation includes the raising of animals that meets the definition of concentrated commercial farming, the raising of those animals will not be considered general farming and forestry, and will be governed by the schedule of district uses, the requirements for specific uses, and all other provisions of this chapter applicable to concentrated commercial farming. The operation of reptile farms, zoos, or similar facilities, or the keeping of dangerous exotic animals or dangerous native animals, will not be considered general farming and forestry, and will be governed by the schedule of district uses, requirements for specific uses, and all other provisions of this chapter applicable to the operation of reptile farms, zoos, or similar facilities, or the keeping of dangerous exotic animals or dangerous native animals.

Governing body means the board of county commissioners, or, when appropriate to the context, shall include the legal governing body of another county, municipality, town or village of the state.

Grade means the average level of the finished ground surface immediately adjacent to the exterior walls of the building.

Graphic means any symbol, any syllable or a word, and illustration of a picture.

Guest house means an accessory building to a private dwelling used to accommodate guests of the dwelling owner without kitchen facilities.

Habitable floor means any floor used or to be used for living purposes, which includes working, sleeping, eating, cooking, recreation or a combination thereof. A floor used only for storage purposes having only nonloadbearing walls, e.g., breakway latticework, wall or screen, is not a habitable floor.

Height of sign means the distance between the top of the sign and the average ground elevation below it.

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

Historic structure means, for purposes of the flood damage prevention provisions contained in article VI of this chapter, as the same may be amended, any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings.

Historic structure means, for purposes of the provisions of this chapter unrelated to the flood damage prevention provisions contained in article VI of this chapter, means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the U.S. Secretary of the Interior as meeting the requirements for individual listing on the National Register of Historic Places; or

(2)

Certified or preliminarily determined by the U.S. Secretary of the Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the U.S. Secretary of the Interior to qualify as a registered historic district; or

(3)

Individually listed on the Florida Master Site File of historic places, which has been approved by the Florida Secretary of State; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By the approved Florida program as determined by the Florida Secretary of State, or

b.

Directly by the U.S. Secretary of the Interior.

Home occupation means an occupation for gain or support conducted only by members of a family residing on the premises and entirely within the main building. (See section 50-964 for specific regulations.)

Hospital means a building having room facilities for more than one overnight patient used for providing on-the-premises medical or surgical care for sick or injured human beings, together with all related facilities.

Hotel means a building in which lodging, or boarding and lodging, is provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours.

Hunt club means the use of large tracts of land for seasonal hunting or fishing and for camping or primitive camping, which uses are exclusively provided for members and guests.

Identification sign means a sign that indicates the name and type of business or service, or the name of the development located on the site where the sign is located. Identification signs shall be limited to the name of business or development, type of business or service, street address, phone number and graphic of business logo, except that theaters, concert halls and other entertainment establishments with changing programs may utilize changeable copy to advertise such programs. Identification signs shall not contain lists of specific products and auxiliary services.

Illuminated signs means a sign that uses artificial light, whether internal or external to the sign faces, to draw attention to the sign or otherwise increase its visibility.

Improvements means and includes, but are not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent reference monuments (PRMs) or any improvement required by the board of county commissioners.

Industrial district means any property within areas designated as Industrial on the future land use map or the zoning map.

Industrial land use means utilization of property for uses which predominantly consist of manufacturing, assembly, processing, storage of products, or similar uses, and which may be designated as Industrial on the future land use map or zoning map.

Institution means the structures or land occupied by a group, cooperative, board, agency or organization created for the purpose of carrying on nonprofit functions of a public or semipublic nature, such as hospitals, schools, churches, fraternal orders and orphanages.

Institutional means nonprofit or quasi-public uses or institutions, such as houses of worship, libraries, public or private schools, hospitals, or government owned or operated buildings, structures, or land used for public purposes.

Internally illuminated sign means a sign that uses artificial light from behind the sign face to increase its visibility.

Junkyard means an area of land, with or without buildings, primarily used for the storage (outside of a completely enclosed building) of used and discarded materials, including but not limited to waste paper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, broken or wrecked motor vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of such materials. The deposit or storage of two or more wrecked or broken motor vehicles, or any parts thereof, for a period of two months or longer, shall not be considered a junkyard when the removal and use of parts from such wrecked or broken motor vehicles are necessary to maintain and repair motor vehicles used in ongoing farm operations. The deposit or storage of two or more wrecked or broken motor vehicles, or any major parts thereof, for a period of two months or longer, shall not be considered a junkyard when the removal and use of parts from such motor vehicles, or parts thereof, is required to maintain an ongoing automobile service or repair station or automobile paint and body shop; provided, however, that such automobile service or repair station or automobile paint and body shop meet all of the requirements for such uses contained in this chapter.

Kennels means any location where raising, grooming, training, caring for or boarding of dogs, cats or other small animals for commercial purposes is carried on.

Land alteration means any change or alteration of the land's natural grade.

Land surveyor means a land surveyor registered under F.S. ch. 472 who is in good standing with the state board of professional engineers and land surveyors.

Land use and use mean any activity, event, operation and facility which create noise.

Landing area means the area of an airport used for landing, taking-off or taxing of aircraft.

Letter of map change or LOMC means an official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

(1)

Letter of map amendment or LOMA: An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

(2)

Letter of map revision or LOMR: A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

(3)

Letter of map revision based on fill or LOMR-F: A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

(4)

Conditional letter of map revision or CLOMR: A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum National Flood Insurance Program requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

Light-duty truck, as defined in 40 C.F.R. 86.082-2, as the same may be amended, means any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

(1)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or

(2)

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

(3)

Available with special features enabling off-street or off-highway operation and use.

Loading space means a space within the main building, or on the same lot, providing for the standing, loading or unloading of trucks and other carriers.

Local street means a local street serves primarily to provide access to property. A local street generally carries relatively low volumes of low-speed traffic. As used in this chapter, a local street shall further be defined as:

(1)

Local I. A dead-end street, terminating in a cul-de-sac, which serves no more than 20 lots, tracts, parcels and multifamily dwelling units combined.

(2)

Local II. A street which is connected to other streets at no more than two points, and which serves no more than 30 lots, tracts, parcels, and multifamily dwelling units combined.

Lodge means a place where members of a fraternal society meet. Also referred to as a club, enclosed clubhouse.

Lot means any tract or parcel being the least fractional part of subdivided lands having limited fixed boundaries. (Also see section 50-578 for lot area requirements.

Lot means a tract or parcel of land intended for transfer of ownership, use or improvement.

(1)

Lot, corner, means a lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lot lines is the corner.

(2)

Lot, depth, means the mean horizontal distance between the front and rear lot lines.

(3)

Lot line means the property lines bounding the lot.

a.

Lot line, front, means the line separating a lot from a street.

b.

Lot line, rear, means the lot line opposite and most distant from the front lot line.

c.

Lot line, side, means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.

d.

Lot line, street, means a lot line separating the lot from a street.

(4)

Lot width means the distance between the two side lot lines measured at the intersection of the required front yard setback line with the side lot lines (i.e., inclusive of side yard setbacks).

Lot area means the horizontal plane area within the lot lines expressed in these regulations in square feet or acres.

Lot, nonconforming, means any lot which does not conform with the minimum width, depth and area dimensions specified for the district in which such lot is located.

Lot (recorded) means any tract or parcel being the least fractional part of subdivided land having limited fixed boundaries, and an assigned number, letter, or other name through which it may be identified.

Lot of record means any lot which individually or as a part of a subdivision has been recorded in the office of the county clerk of the circuit court.

Lowest floor means the lowest floor of the lowest enclosed area of a building or structure, including basement (as that term is defined for the flood damage prevention provisions of article VI of this chapter), but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access, or limited storage, provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24.

Major mining, excavation and fill activity or operations, or major mining and fill operation, or major mining operation means a mining operation or excavation where the mining or excavation of earth, minerals, resources, or natural resources exceeds 1,000 cubic yards on a tract or parcel of 20 acres or less; or exceeds 10,000 cubic yards on a tract or parcel greater than 20 acres. In addition, the terms mean any quarry, regardless of amount of earth, minerals or resources excavated or mined and regardless of the size of the parcel.

Major recreational vehicle means a vehicular, portable structure which is built on a chassis; or which is designed as a temporary dwelling for travel, recreation or vacation; or which has an "RV" license, and which has a transportable body width of eight feet or more and/or a length exceeding 35 feet. It is the intent of the elected officials that boats and boat trailers are included within this definition.

Mangroves or mangrove stand means an assemblage of mangrove trees which consists mostly of low trees noted for a copious development of interlacing adventitious roots above ground and which contain one or more of the following species: black mangrove (Avicennia Nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta).

Manufactured home means a structure, transportable in one or more sections, which is 12 feet or more in width and greater than 500 square feet in area, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property; however, for purposes of the flood damage prevention provisions contained in article VI of this chapter, as the same may be amended, the term does not include a recreational vehicle or park trailer.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Marina means a place for docking pleasure boats or providing services to pleasure boats and the occupants thereof, including minor servicing and repair to boats while in the water, sale of fuel and supplies, and provision of lodging, food, beverages and entertainment as accessory uses. A yacht club shall be considered as a marina, but a hotel, motel or similar use, where docking of boats and provisions of services thereto is incidental to other activities, shall not be considered a marina, nor shall boat docks accessory to a multiple dwelling where no boat-related services are rendered.

Market value or fair market value means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. Market value or fair market value may be established by a qualified independent certified appraisal (other than a limited or curbside appraisal, or one based on income approach), actual cash value (replacement cost depreciated for age and quality of construction of building), adjusted tax-assessed values, or other commonly accepted form of appraisal. For purposes of the flood damage prevention provisions in article VI of this chapter, as the same may be amended, the term refers only to the market value of buildings and structures, excluding the land and other improvements on the property.

Maximum probable flood elevation line means that line established by the board of county commissioners adjacent to and generally paralleling a watercourse below which the land would be expected to be inundated by a flood of a 100-year frequency magnitude or greater.

Maximum sound level means the highest instantaneous sound pressure level (SPL) recorded during the measuring period.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929, or North American Vertical Datum (NAVD) of 1988.

Medical marijuana treatment center dispensing facilities means any facilities used for the dispensing or sale of marijuana, products containing marijuana, related supplies, or educational materials, by an entity that acquires, cultivates, possesses, processes, transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials, to qualifying patients or their caregivers, and that is registered and is otherwise qualified as a medical marijuana treatment center by the Florida Department of Health.

Membership sign means a sign identifying affiliation with a travel club, business association, credit card company or professional association.

Mine means an area of land upon which mining activities or mining operations have been conducted, are being conducted, or are planned to be conducted, and includes meanings as the term is commonly used in the trade.

Mineral, or resource, or natural resource, or any one or more of those terms used singly or with any of the other terms, means all natural subsurface deposits of commercial value, including but not limited to phosphate, sand, clay, limestone and water; provided, however, that for purposes of the provisions of section 50-850 hereof, water shall not be included in the definition of the terms mineral, resource, or natural resource.

Minimum descent altitude means the lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circling-to-land maneuvering in execution of a standard instrument approach procedure where no electronic glide slope is provided.

Minimum en route altitude means the altitude in effect between radio fixes which ensures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

Minimum obstruction clearance altitude means the specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments which meet obstruction clearance requirements for the entire route segment and which ensures acceptable navigational signal coverage only within 22 miles of a VOR.

Mining activities or mining operations means a collective term referring to all aspects of a proposed mining scheme and operations, including the plant, processing areas and total land area. It shall not include excavation or grading when conducted solely in aid of on-site farming or of on-site construction for purposes other than mining.

Mining and excavation operation means any activity, other than prospecting, necessary for site preparation, extraction, waste disposal, storage of minerals, resources or natural resources, or back-filling for reclamation.

Minor excavation and fill activity or operation or minor excavation activity or operation means a mining or excavation activity or operation where 1,000 cubic yards or less of earth, minerals, resources, or natural resources are excavated or removed from or deposited on a tract or parcel of 20 acres or less, or where between 1,000 and 10,000 cubic yards of earth, minerals, resources, or natural resources are excavated or removed from or deposited on a tract or parcels greater than 20 acres.

Mobile home means a structure transportable in one or more sections which is 12 body feet or more in width; over 35 feet in length; with a minimum floor area of 500 square feet; and, which is built on an integral chassis, designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. A wheeled structure not meeting any one of the referenced dimensional requirements in this definition is a travel trailer. (See the definition of "Travel trailer.") Mobile homes not inspected and approved by the department of housing and urban development (HUD) must meet all standard codes adopted by the county.

Mobile home park means any lot where three or more mobile homes are customarily parked for a longer period of time than 30 days for living or sleeping purposes; or where spaces are set aside and offered for rent or lease for use by mobile homes for living or sleeping purposes, including any land, building, structure or facility used by occupants of mobile homes on such premises.

Mobile home subdivision means a parcel of land which has been planned as a subdivision for mobile homes, each mobile home lot being individually owned.

Modular home means a manufactured building pursuant to F.S. ch. 553. A closed structure, building assembly or system of subassemblies which may include structural, electrical, plumbing, heating, ventilating or other service systems manufactured in manufacturing facilities for installation or erection, with or without either specified components, as a finished building or as a part of a finished building for residential use. A modular home may not include:

(1)

Any structure not approved by the department of community affairs.

(2)

A mobile home which has had its integral chassis removed.

Motel and motor hotel mean a building or group of buildings used for the temporary occupancy of transients and containing no facilities for cooking in the individual units, and which has the entrances to the individual rental units opening directly to the exterior.

Mudbogging means the recreational use of land for motorized off-road and trail driving, and mud races.

Multiple frontage property means a plot or parcel that is contiguous to more than one public right-of-way being either a corner plot or parcel.

Multiuse complex means a development of two or more business or industrial uses that are under common ownership or that share common property frontage.

Municipality means any incorporated city or town.

National Geodetic Vertical Datum or NGVD of 1929 means, a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction means, for purposes of the flood damage prevention provisions contained in article VI of this chapter, and the flood resistant construction requirements of the Florida Building Code, as either of the same may be amended, any structure for which the start of construction commenced on or after March 1, 1984, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after March 1, 1984.

Nightclub/bottle club means a commercial premises, sometimes limited to members only, devoted primarily to the retailing and on-site consumption of any alcoholic beverage and may include paid entertainment or dancing on the premises. Other private clubs such as golf and country clubs, social membership clubs, or fraternal organizations, where alcohol is not the primary purpose of attendances, shall not be considered nightclubs or bottle clubs.

Noise means any sound produced in such quantity and for such a duration that it annoys, disturbs or may injure persons of normal sensitivity. Noise shall be defined as sound of any kind or source that exceeds the levels established by this chapter.

Noise disturbance means any sound in quantities which are or may be potentially harmful or injurious to human health or welfare, animal life, or property, or unnecessarily interferes with the enjoyment of life or property and shall be defined as sound in excess of sound levels and standards of this chapter.

Noncentral water system means any water system providing service to more than one nonowner occupied dwelling unit, including but not limited to industrial developments and commercial developments under unified control. As used in this definition, the term "commercial" includes, but is not limited to, travel trailer parks, hotels, motels and retail and wholesale facilities the term "nonowner" residential dwelling unit includes, but is not limited to, advanced life care, convalescent care and nursing care congregate living facilities, campgrounds and trailer parks.

Nonconforming sign means a sign permitted in the city before the adoption of the provisions from which this chapter is derived that does not conform to the requirements of this chapter as to height, size, use, spacing, setback or structural support. A sign not legally permitted prior to the adoption of the ordinance from which article X of this chapter derives shall not be considered a nonconforming sign.

Nonconforming use means for purposes of article XIII of this chapter, the use of any building or land which was lawful at the time of passage of the ordinance from which article XIV of this chapter derives or amendment thereto, in the use regulations of the district in which it is situated, and which does not conform with the regulations of the use district in which it is located.

Nonconforming use mean for purposes of article III, division 2 of this chapter, any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this chapter, or amendments thereto.

Nonprecision instrument runway means a runway having a nonprecision instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on a Federal Aviation Administration planning document or military service's military airport planning document.

North American Vertical Datum or NAVD of 1988 means a vertical control used as a reference for establishing varying elevations within the floodplain.

Nursery school or kindergarten means any premises or portion thereof used for educational work or parental care of over five children of less than the age required for enrollment in the public school system, for compensation.

Nursing home and rest home mean a home for the aged and infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar establishments devoted primarily to the diagnosis and treatment of the sick or injured.

Office means the building, room or space where clerical or administrative activities are performed.

Official 100-year flood area means those areas within the scope of article VI of this chapter that have a land elevation less than the official 100-year flood elevation.

Official 100-year flood elevations mean the most recent and reliable flood elevations established by the Federal Emergency Management Agency (FEMA), or if not available, by the Suwannee River Water Management District or Southwest Florida Water Management District based on the historical elevations of record which most closely approximate the 100-year flood.

Official 100-year flood map means the map that delineates, to the nearest section, the areas having ground elevations that are less than the official 100-year flood elevations.

Official ten-year flood elevations mean the most recent and reliable flood elevations based on a log person type III probability distribution procured by the United States Geological Survey and based on historical data, or as established on maps prepared by a water management district.

On-site sign means any sign that identifies or advertises only goods, services, facilities, events or attractions available on the premises where the sign is located.

Open space means a yard area which is not used for or occupied by a driveway, off-street parking, loading space, drying yard or refuse storage space.

Outdoor commercial recreation means any commercial enterprise that provides outdoor recreational services, facilities, entertainment, exhibitions, competitions, sporting events or other attractions offered to the public for a fee, entry fee, or admission charge. This includes, but shall not be limited to, racetracks of any kind, off-road vehicular trail facilities, mudbogging and motocross/dirt bike facilities, golf driving ranges, special event camping, sports arenas/stadiums and other similar uses that have the potential to generate high volumes of traffic and/or create noise, dust, odor or lighting that is detectable beyond the property line. This does not include uses identified in commercial zoning districts.

Outdoor passive recreational means recreational use and opportunities afforded by such natural resources as springs, native vegetation, wildlife and open space and the scenic appeal of natural settings, requiring minimal development, except for restrooms, dressing rooms, equipment storage, maintenance buildings, open air pavilions, and similar structures and services provided in connection with the primary recreational use. This includes walking and hiking trails, picnic areas, bridle paths, equestrian facilities, archery ranges, greenways, primitive campgrounds, game preserves, hunt clubs and other similar resource-based uses.

Overburden means soil and rock removed to gain access to a targeted mineral or resource in the process of excavation, mining or extraction.

Parasite sign means any sign nonexempted by this chapter, for which no permit has been issued, and is attached to another sign.

Park trailer means 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, and which meets the requirements of F.S. § 320.01, for a park trailer.

Parking lot means an open area used exclusively for the temporary storage of motor vehicles, where fees may be charged, but no vehicles are to be equipped, repaired, rented or sold.

Permanent control point (PCP) means a secondary horizontal control monument and shall be a metal marker with the point of reference marked thereon or a four-by-four-inch concrete monument a minimum of 24 inches long with the point of reference marked thereon. Permanent control points shall bear the registration number of the surveyor filing the plat of record.

Permanent reference monument (PRM) means a metal rod a minimum of 24 inches long or a 1½-inch minimum diameter metal pipe a minimum of 20 inches long, either of which shall be encased in a solid block of concrete or set in natural bedrock, a minimum of six inches in diameter, and extending a minimum of 18 inches below the top of the monument, or a concrete monument four by four inches, a minimum of 24 inches long, with the point of reference marked thereon. A metal cap marker, with the point of reference marked thereon, shall bear the registration number of the surveyor certifying the plat of record, and the permanent reference monument shall be placed in the top of the monument.

Pennant means any flag-like piece of cloth, plastic or paper, attached to any staff, cord, building or other structure that hangs loosely for the purpose of attracting attention to its site.

Permitted signs mean all signs permitted under this chapter shall be located on a plot or parcel of the business, service or facility identified or advertised on the permitted sign.

Person means an individual, association, partnership, corporation, governmental agency, business trust, estate, trust, copartnership, joint venture or any entity, public or private in nature.

Place of public entertainment means any place of entertainment to which the public is invited, including but not limited to a restaurant, bar, dancehall or recreational facilities.

Planned unit development means a permitted use in all districts, subject to county commission final approval, pursuant to schedule 1 of this chapter. A project comprising of (i) two or more buildings or land uses designed to be maintained or operated as single unit in a corporation or cooperative group which has certain facilities in common, such as yards, open spaces, recreation areas, garages and parking areas; (ii) cluster housing, zero lot line, small lot or other innovative techniques to more effectively utilize land in the county; (iii) various types of housing with accessory commercial and other uses; and (iv) a site design which ensures that a maximum amount of the planned unit development continues in agricultural use or with the potential therefore by virtue of being undivided and unoccupied by structures or roads. All planned unit development proposals shall be submitted according to the guidelines established in article XIII, division 6 of this chapter.

Planning commission means a board whose members are appointed by the board of county commissioners, with various responsibilities as the local planning agency pursuant to F.S. § 163.3174, and responsibilities as provided by this chapter and as may be provided by local ordinance or state law.

Plat means a map or delineated representation of the subdivision of land, being a complete exact representation of the subdivision and the other information in compliance with the requirements of all applicable sections of this ordinance and of any other ordinance of the county, and may include the terms "replat," "amended plat," or "revised plat."

Portable sign means a sign that has no permanent attachment to a building or to the ground by means of footing, including but not limited to, an A-frame sign, sign with wheels, pull attachments, search light stands or hot air or gas filled balloons.

Premises means the lot or lots, plots, portions or parcels of land considered as a unit for single development or activity.

Primitive camp means the location for temporary use of makeshift shelters, including but not limited to tents, for recreational purposes, and characterized by lack of permanent electrical, sanitary wastewater, plumbing and cooking facilities.

Primitive camping means the act of camping at a primitive camp.

Principal use means the primary use for which land or a building is used.

Private club, enclosed clubhouse, means the use, entirely confined within a building for meeting and activities conducted by nonprofit organizations and fraternal lodges in which the use is restricted exclusively to their members and guests; providing that the organization does not operate as a commercial business, and the facilities are not available for use by the general public. Nightclubs/bottle clubs, health and fitness clubs and other establishments operated as businesses shall not be defined as private clubs.

Private club, outdoor activities, means the use of land, for the purpose of meeting and passive outdoor recreation activities conducted by nonprofit organizations and fraternal lodges in which the use is restricted exclusively to their members and guests; providing that the organization does not operate as a business and the facilities are not available for use by the general public. This includes golf courses, hunt clubs, bridle trails, nonvehicular trail facilities and other similar uses. Uses that have the potential to create a nuisance through the general noise, dust, odor, lighting and traffic shall require a special exception permit. Nightclubs/bottle clubs, health and fitness clubs or other establishments operated as businesses shall not be defined as private clubs.

Projecting sign means a sign supported by a wall of a building, projecting away from that wall 12 inches or more, designed with a face reading at an angle to that wall.

Property front foot means each foot or major portion thereof, measured along the public right-of-way where the subject property abuts the right-of-way.

Prospecting means the exploring, investigating or searching for resources by drilling, trenching, excavation or other means approved by the applicable Water Management District of the State of Florida.

Public recreational uses mean recreational facilities, structures and land that are owned and/or operated by a governmental agency and open to the public, including parks and picnic areas, noncommercial playgrounds, boat ramps, fishing piers, tennis courts, walking/hiking trails, bridle trails and facilities, greenways, trail heads and other similar recreational uses.

Public way means any piece of land over which the general public has a right of usage, whether acquired through prescription, by adverse use of the public, or otherwise.

Quarry means a mining or excavation operation using open or surface works, usually for the extraction of building stone such as limestone. For the purpose of this section, mining or excavation activities that use blasting, crushing, washing or other processing techniques as part of the mining or excavation operation are included in this definition.

Racetrack/racecourse means the paved or unpaved ground, track, path or area on which a race or contest of speed is conducted.

Real estate sign means a sign erected by the owner or his agent, advertising the real property where the sign is located for sale, lease or rent.

Real property line means an imaginary line along the surface of land or water and its vertical plane extension, which separates the real property owned, rented, or leased by one person from that owned, rented or leased by another, excluding real property divisions within buildings. Where the real property owned, rented or leased by a person abuts a water body, the term "property line" shall mean the established normal high water elevation of the water body.

Reasonable time means such length of time as may fairly, properly, and reasonably be allowed or required to eliminate or abate a noise found to be in violation of this chapter, after a warning has been issued. The duration of time shall be dependent on the source of the noise and what action can be taken to eliminate the noise causing such violation.

Receiving land use means the property receiving the sound.

Reclamation means the reasonable rehabilitation of land where mineral or resource extraction has occurred.

Recreational vehicle means a vehicle that is designed as temporary living quarters for recreational camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle, the basic types of such vehicles being the travel trailer, the camping trailer, the truck camper, the motor home, the private motor coach, the van conversion, the park trailer, and the fifth-wheel trailer, all as defined and limited as provided in F.S. § 320.01.

Reclamation means the reasonable rehabilitation of land where mineral resource extraction has occurred.

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

Remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Residential area means an area that is predominately used for housing and customary accessory uses, and specifically includes the following: (a) recorded and unrecorded subdivisions in all zoning districts or future land use map designations, except an industrial district or designation; and (b) areas in which there are (i) a concentration of residential dwelling units on lots or tracts five acres or less, (ii) hospitals, (iii) adult congregate living facilities, (iv) group homes, (v) public or private schools, or (vi) institutional uses other than prisons, jails or other remotely located correctional facilities.

Residential design manufactured home means a nonsite built home having a minimum width of 20 feet, a minimum roof pitch of one foot rise for each four feet of horizontal run, a minimum roof overhang of one foot, shingle roofing material, a foundation similar and compatible in appearance to foundations of nearby site-built residences, a lot placement similar in orientation to nearby site-built housing. It will have an attached garage or an attached carport when such uses are prevalent in the neighborhood.

Residential district or residential zoning district means any zoning district or future land use map designation that has a maximum residential density of one dwelling unit per three acres or a higher concentration of residential density, or property located within such zoning district or future land use map designation where the context indicates and whichever is most inclusive.

Residential land use means the utilization of any property for residential purposes, or any property that is being utilized for such residential purposes, whichever the context indicates and whichever is the most inclusive. The definition of the term "residential land use" does not exclude the use of other terms to describe the same or similar meanings within this code. The term "residential land use" is not intended to describe a land use designation from the future land use map of the comprehensive plan, unless the context specifically indicates otherwise.

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

Riverbank setback line means a line running parallel to and at a distance of 50 feet from the generally recognized riverbank.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, or other similar water bodies.

Roof sign means a sign located on the roof of a building and primarily supported by that roof structure, which extends above the top of the parapet or ridge line on the area where the sign is located, except fascia signs.

Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

Rural agricultural districts means any unsubdivided property designated A/RR, F/M RR, or NR shown on the county future land use map.

Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Setback means the distance a structure is required to be separated from the property line, measured from the foundation. A soffit or any other part of the roof or structure may extend up to two feet into a required setback area. Setbacks vary between zoning districts and they are required for front, side and rear yards.

Setback sign means the setbacks for signs specified in this chapter shall be measured horizontally from the vertical plane of the property line to the closest point of the sign.

Sign means for purposes of article X of this chapter any letters, numbers, symbols, graphics, pictures or figures, or combinations thereof, which are erected, constructed, placed, attached or painted on a structure or the ground which identifies, advertises or directs attention to a product, business, institution, place, person or event which can be seen from the public right-of-way. When not modified by the term "structure" or "face," the term "sign" shall include all parts of the sign and its supporting structure.

Sign means a name, identification, description, display or illustration or any other visual display which is affixed to, painted or represented directly or indirectly upon a building, object, product, place, activity, person, institution, organization or business. However, a sign shall not include any display of official court or public office notices nor any official traffic control device nor shall it include the flag, emblem or insignia of the nation, state, county, municipality, school or religious group.

Sign, advertising, means a sign which directs attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than on the premises where the sign is located.

Sign face means the plane area which is defined as sign area; sign face shall not include trim, embellishments or the owner's nameplate.

Sign structure means the uprights, supports, braces and framework supporting a sign.

Site plan means the drawings which put forth the pattern of development to take place on a particular piece of land.

Slope means the ratio of a horizontal distance to one corresponding unit of vertical distance.

Sound level means the weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified in the American National Standards Institute specifications for Sound Level Meters, ANSI, 4-1971, or successor publications. If the weighting employed is not indicated, the A-weighting shall apply.

Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. The output meter reads sound pressure level when properly calibrated, and the instrument is of type 2 or better, as specified in the American National Standards Institute Publication SI-41972, or its successor publication.

Special event camping means any on-site camping associated with special events, including but limited to festivals, equestrian events, and other competitive events or exhibition. Such camping shall be allowed by special event permit and shall be limited to ten days, excluding site preparation and cleanup time.

Special exception use means a use which, because of its unique characteristics, requires individual consideration in each case by the board of county commissioners and the planning commission before it may be permitted in a district enumerated in this chapter.

Special flood hazard area means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

Spectator games means competitive sports and racing events involving spectators.

Standard design manufactured home means a nonsite built home having any of the following characteristics: a width less than 20 feet, a roof pitch less than one foot rise for each four feet of horizontal run, a roof overhang of less than one foot, roof materials other than shingles, no foundation and/or no garage or carport.

Start of construction means the date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the permit issuance date. The actual start of construction means either the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading or filling, the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

State plane coordinates means the system of plane coordinates as defined in F.S. § 177.031(19). State plan coordinates may be used to define or designate the position of points of the surface of the earth in accordance with F.S. § 177.151.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, then the space between the floor and the ceiling above.

Street means a public or private thoroughfare which affords the principal means of access to abutting property.

Street or road means for purposes of article X of this chapter and shall be construed to include street, road, highway, alley, parkway, viaduct, circle, court, terrace, place or other similar designations, or cul-de-sac, or other ways intended for travel by the general public, whether improved or unimproved, but shall not include those accessways such as easements and rights-of-way intended for limited utility purposes such as for electric power lines, gas lines, telephone lines, water lines, sanitary sewers or other such uses, and shall not include easements for ingress and egress as provided in this chapter.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street.

Structure means, for purposes of the flood damage prevention provisions contained in article VI of this chapter, as the same may be amended, a walled and roofed building, a mobile home, a manufactured home, a gas or liquid storage tank, any other manmade facility or infrastructure, or any structure built for support, shelter, or enclosure for any occupancy or storage, any of which are principally above ground.

Structure means, for purposes of the provisions of this chapter unrelated to provisions contained in article III or article VI of this chapter, any manmade object having an ascertainable stationary location on or in land or water whether or not affixed to the land.

Structure means, for purposes of division 2 of article III of this chapter, any object, constructed or installed by man, including but not limited to: buildings, towers, smokestacks, utility poles and overhead transmission lines.

Subdivision means the division of a parcel of land, whether improved or unimproved, into three or more contiguous lots or parcels of land, any one of which is less than 20 acres in size or designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, the purpose, whether immediate or future, of transfer of ownership; or, if the establishment of a new street is involved, any division of such parcel. Any division of an existing lot of record shall constitute a subdivision pursuant to and governed by this chapter, provided additionally that the division conforms to the zoning ordinance and the lots created must front an a paved street. For the purpose of this chapter, the term "lot size" means acres as determined by boundary survey plat. No portion of any existing public right-of-way may be included within the lot acreage; however, private easements and utility rights-of-way may be included, as may be the acreage covered by proposed interior rights-of-way.

Substantial damage means damage of any origin sustained by a structure (as that term is defined herein for the flood damage prevention provisions of article VI of this chapter) whereby the cost of restoring the building or structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial deviation means any proposed change to a previously approved mining, excavation or landfill operation that creates a reasonable likelihood of additional individual and accumulative impacts not previously reviewed by the approving board or county official or employee. This may include but is not limited to the increase of mining, excavation or landfill area and/or relocation of the operation in a manner that would affect the distribution of traffic.

Substantial improvement means any repair, reconstruction, rehabilitation, addition or other improvement of a structure (as that term is defined herein for the flood damage prevention provisions of article VI of this chapter), the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement or repair. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Survey data means all information shown on the face of a plat that would delineate the physical boundaries of the subdivision and any parts thereof.

Surveying data means:

(1)

P.C.—Point of curvature: The point where a tangent circular curve begins.

(2)

P.T.—Point of tangency: The point where a circular curve ends and becomes tangent.

(3)

P.C.C.—Point of compound curvature: The point where two circular curves have a common point of tangency, the curves laying on the same side of the common tangent.

(4)

P.R.C.—Point of reverse curvature: The point where two circular curves have a common point of tangency, the curves lying on opposite sides of the common tangent.

Temporary means for less than six months, unless otherwise specified. As applicable to a temporary circus, carnival or amusements, the term "temporary" shall mean no more than seven days.

Temporary sign means a sign used to advertise or identify transitory events of two weeks or less duration unless specifically permitted for a longer period by this chapter.

Travel trailer (also recreation vehicle, RV) means a vehicle 35 feet or less in length and used for temporary living or sleeping purposes, and standing on wheels. Travel trailers receive a waiver of the National Electrical Code pertaining to minimum service capacity.

Unenclosed use means a use which is not enclosed by a roof and at least three walls.

Unnecessary, excessive and offensive loud noise mean sound that exceed the noise level which exceed the noise levels prescribed in table 1 contained in section 50-349. The measurement of which is based upon decibels, i.e., 0.0002 microbar. All such measurements as well as the method employed shall be consistent with the regulations of the American National Standards Institute, Inc., and shall represent the A-weighted sound pressure level.

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

Utility runway means a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.

Variance means, for purposes of the flood damage prevention provisions contained in article VI of this chapter, as the same may be amended, a grant of relief from the requirements of such flood damage prevention provisions contained in this chapter, or the flood resistant construction requirements of the Florida Building Code, which permits construction in an manner otherwise prohibited by such article VI or flood resistant construction requirements of the Florida Building Code.

Variance means for purposes of article XI of this chapter a waiver of the provisions of this chapter, granted by the board of county commissioners pursuant to section 50-497.

Variance means for the purposes of article XIII of this chapter the board of adjustment's or the board of county commissioners' authorized departure from the application of the provisions of such article in accordance with the procedures set forth in this chapter.

Vision clearance means an unobstructed clear zone at an intersection.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on a Federal Aviation Administration approved airport layout plan, a military services approved military airport layout plan, or by any planning document submitted to the Federal Aviation Administration by competent authority.

V-zone means coastal high-hazard area.

Wall sign means a sign painted on or affixed to a structural wall of a building, with a sign face approximately parallel to the wall perpendicular to the ground and projecting no more than 12 inches from the wall. The term "wall sign" shall also include window signs and fascia signs.

Watercourse means a river, channel, creek, stream, or other topographic feature in, on or over which waters flow at least periodically.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, or the North American Vertical Datum (NAVD) of 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

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

Yard means an open space which lies between the foundation of the principal building or group of buildings and the nearest lot line, and is unoccupied and unobstructed from the ground upward except as permitted in this chapter.

(1)

Yard, front, means an open space which lies between the principal building or group of buildings and the front lines, unoccupied and unobstructed from the ground upward exclusive of shrubs or fences.

(2)

Yard, rear, means an open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.

(3)

Yard, side, means an open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.

Yard sales means the sale of personal household items on a temporary basis not to exceed three consecutive days and no more than three times a year.

Zoning administrator means the administrative office or agency responsible for administering zoning within each of the political subdivisions that adopt this chapter.

Zoning officer or zoning official means the administrative officer charged with the duty of enforcing and administering the provisions of this chapter.

(Ord. No. 77-3, § III, 9-29-1977; 1991 LDR ch. 47, §§ 1.01—1.03; 1991 LDR ch. 57, art. 2; 1991 LDR ch. 68, art. 2; 1991 LDR ch. 71, art. 3; 1991 LDR ch. 79, art. 3; Ord. No. 99-5, § 80-6(2), 11-16-1999; Ord. No. 00-1, § 1, 2-3-2000; Ord. No. 00-02, § 2, 6-27-2000; Ord. No. 02-07, 9-17-2002; Ord. No. 05-01, § 1, 5-17-2005; Ord. No. 05-02, §§ 1, 2, 6-7-2005; Ord. No. 2007-03, § 2, 7-17-2007; Ord. No. 2007-05, § 1, 9-18-2007; Ord. No. 2007-06, § 1, 11-20-2007; Ord. No. 2007-07, § 1, 11-20-2007; Ord. No. 2008-08, § 1, 4-8-2008; Ord. No. 2009-01, §§ 1, 2, 6-2-2009; Ord. No. 2009-02, § 1, 7-7-2009; Ord. No. 2011-05, § 3, 9-19-2011; Ord. No. 2012-04 , § 1, 10-16-2012; Ord. No. 2014-02 , § 1, 4-22-2014; Ord. No. 2014-03 , § 2, 4-22-2014; Ord. No. 2017-01 , § 1, 1-17-2017; Ord. No. 2018-004 , § 3, 3-20-2018)

Cross reference

Definitions generally, § 1-2.