For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To discontinue a use for more than 12 consecutive months.
ACCESSORY BUILDING. A subordinate building or portion of the main building, the use of which is incidental to that of the main building.
ACCESSORY USE. A use customarily incident to the principal use of land or building located on the same lot, plot or parcel. An ACCESSORY USE does not stand alone, but rather serves or supports the primary use of the lot, plot or parcel. Examples of ACCESSORY USES include, but may not necessarily be limited to the following: parking spaces, signs, fences, domestic pet kennels, sheds or dock boxes, solar panels.
ALLEY. Right-of-way providing a secondary means of access and service to abutting property.
ALTERATIONS. As applied to a building, mobile home or structure, means a change or re-arrangement in the structural parts or in the existing facilities or an enlargement thereof, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AREA, LOT. The total area within the property lines, excluding external streets or the easement for the right of way for streets.
AWNING. A roof or covering over a patio, porch or window area which is permanently open on three sides.
BREAKAWAY WALLS. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
BUILDING. A structure, including a manufactured housing unit or qualified modular home, with or without a roof, intended for shelter, occupancy or enclosure, other than a boundary wall or fence. All building construction, renovation, and demolition in the town, and all exterior work associated with a mobile home in the town shall be subject to the requirements of the then current edition of the Florida Building Code.
BUILDING, ACCESSORY. A subordinate building or a portion of the main building on a lot, or on a combination of lots unified in a single building site, the use of which is customarily incidental to that of the main or principal building.
BUILDING, BACK SIDE. The non-entry side of the building, home or mobile home.
BUILDING, FRONT END. The front end of the building, home or mobile home.
BUILDING, FRONT SIDE. The side nearest the front line of the lot. The front side of a waterfront lot shall be the side abutting the street serving the lot. The side of the lot which is bounded by water, shall be considered the rear side.
BUILDING, HEIGHT. Overall building height is the vertical distance from the crown of the nearest adjacent street or road to the highest point of the roof.
BUILDING LINE. The line established by law, beyond which a building shall not extend, except as specifically provided herein. Also referred to herein as SETBACK LINE.
BUILDING, REAR SIDE. The rear side is the side opposite the front side.
BUILDING OFFICIAL. The Building Official of the town, or his or her designated representative.
BUILDING, REAR END. The back, or rear end of the building, home or mobile home.
CABANA. A small shelter, expando, screen room or secondary unit to a building, home or mobile home.
CARPORT. A roofed area open on one, two or three sides and attached to a main building, for the storage of one or more vehicles.
CLUB. Buildings or facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
COMBINATION UNIT. A combination of a building, home or mobile home used in conjunction with a cabana, a porch, or an awning, or any combination thereof.
COUNCIL, TOWN. The Town Council of the Town of Briny Breezes.
COURT. An unoccupied open space, other than a yard, which is bounded on three or more sides by walls in excess of three feet in height, at least one, but not more than three of which are the walls of a building.
COVERAGE. The percentage of the plot or lot area covered by the building area.
CROWN OF THE ROAD. The highest point of the road.
DEVELOPER. Any person, including a governmental agency, undertaking any development.
DEVELOPMENT. The carrying out of any building activity or operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.
DEVELOPMENT ORDER. Any order granting, denying or granting with conditions an application for a development permit.
DEVELOPMENT PERMIT. Any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, special permit, site plan approval, plat approval, transfer of development rights, variance, or any other official action of the town having the effect of permitting the development of land.
DISTRICT. Any section of the certain described area of the Town of Briny Breezes Zoning Map to which these regulations apply and within which the zoning regulations are uniform.
DOCK. A structure built on or over the water which is designed or used to provide anchorage for and access to one or more boats. PIERS shall be synonymous with DOCK.
DWELLING, SINGLE-FAMILY. Any building, home or mobile home used wholly for habitation and occupancy by one family. This includes MOBILE HOMES, MANUFACTURED HOMES, MODULAR HOMES, and ELEVATED SINGLE FAMILY HOMES.
EGRESS ROOF ACCESS WINDOW. A skylight or roof window designed and installed to satisfy the emergency escape and rescue opening requirements of Section R310.2, Florida Building Code.
ELEVATED SINGLE FAMILY HOME. A room or rooms connected together constituting a separate, independent housekeeping establishment for a single family, for owner occupancy, or for rental or lease to a single family and physically separated from other dwelling units, and containing sleeping and sanitary facilities and one kitchen elevated to meet all requirements of the Florida Building Code and the Federal Emergency Management Agency.
EXCAVATIONS. Removal of earth material for purposes other than that incidental to and used on the site of authorized construction.
EXISTING USE. Lots, structures, occupancies, uses, characteristics of use, or a combination thereof that are existing as of the date of adoption of this chapter.
FAMILY. Any number of individuals related by blood, marriage or legal adoption, and not more than two persons not so related, living together as a single housekeeping unit.
FILL. Material such as soil, gravel, or crushed stone which is deposited in an area to increase the ground elevation. FILL is usually placed in layers and compacted, or, where the density of earth fill is increased so that it will provide a sound base.
GARAGE, PRIVATE. An enclosed space for the storage of one or more motor vehicles, provided that no business occupation or service is conducted for profit therein.
GRADE, ESTABLISHED. The elevation of the centerline of the streets as officially established by the town.
GRADE, FINISHED. The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
GREENHOUSE. A structure constructed, in part, with glass, plastic or other transparent or translucent material, designed for and/or utilized for the growing of plants and flowers.
HEDGE. A fence or boundary formed by a row of shrubs or low trees planted close together, including a thicket when planted as a fence or boundary.
HOME OCCUPATIONS. Occupations carried on entirely within a dwelling and only by members of the family permanently living therein, where products are not offered for sale from the premises and no commercial vehicles are kept on the premises or parked overnight on the premises.
LANDING PLATFORM. A landing provided as the top step of a stairway accessing a loft.
LIMITED STORAGE. That which is incidental and accessory to the principal use of the structure. For example, if the structure is a residence, storage should be limited to items such as lawn and garden equipment, tires, and other low damage items which will not suffer flood damage or can be conveniently moved to the elevated part of the building. Flood insurance coverage for enclosures below the base flood elevation (BFE) is very limited.
LOFT. A floor level located more than 30 inches (762 mm) above the main floor, open to the main floor on one or more sides with a ceiling height of less than six feet eight inches (2,032 mm) and used as a living or sleeping space.
LOT. Same as SPACE. Abutting lots, when combined and unified as a single building site, shall be considered as one lot or space. A lot can support MOBILE HOMES, MANUFACTURED HOMES, MODULAR HOMES, and ELEVATED SINGLE FAMILY HOMES.
LOT, CORNER. A lot abutting upon two or more streets at their intersections.
LOT, INTERIOR. Any lot which is not a corner lot.
LOT LINES. The lines abounding a lot.
LOT LINE, FRONT. The line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front line; provided, where the length of a shorter street line is less than 90% of the length of the longer street lot line, the shorter line shall be considered the FRONT LOT LINE.
LOT LINE, REAR. The lot line opposite or most distant from the front lot line. In case of an irregular, triangular or gore-shaped lot, wherein the two side lot lines converge in the rear, it shall mean a line within the lot, ten feet in length, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. The lot line which forms a side boundary of a lot is not a front lot line nor a rear lot line.
LOT, THROUGH. Any lot having frontage on two parallel or approximately parallel streets or highways.
LOWEST FLOOR. The lowest floor of the lowest enclosed area. An unfinished or flood resistant enclosure, including but not limited to breakaway wall enclosures, usable solely for parking of vehicles, building access or storage is considered a LOWEST FLOOR; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
MANUFACTURED HOME or HOUSING UNIT. A mobile home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act. All manufactured home construction, renovation, and demolition in the town shall be subject to the requirements of the then current edition of the Florida Building Code, as well as F.S. Ch. 553, Part 1.
MANUFACTURED HOUSING COMMUNITY. Same as MOBILE HOME PARK.
MOBILE HOME LOT (SPACE). Same as TRAILER SITE. A parcel of land within a mobile home park which is designed to accommodate one mobile home, trailer, manufactured housing unit or qualified modular home, together with accessory buildings or structures, and including the open spaces required under this code.
MOBILE HOME. A structure which is transportable in one or more sections, which is eight body feet or more in width and which is built on an integral chassis, and designed to be used as a single family, one-story dwelling when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein. The initials M.H. shall be used as the abbreviation of this term. With the exception of exterior work associated with a mobile home that is subject to the Florida Building Code, all MOBILE HOMES in the town, and all interior renovation of mobile homes in the town shall be subject to the requirements of the then current edition of the Manufactured Home Construction and Safety Standards, promulgated by the Department of Housing and Urban Development, and the Mobile/Manufactured Home Repair and Remodeling Code (F.A.C. § 15-C-2.0081) pursuant to the Manufactured Housing Improvement Act.
MOBILE HOME PARK. A use of land in which lots or spaces are offered for ownership, proprietorship, rent or lease for the placement thereon of mobile homes, trailers, manufactured homes or qualified modular homes, in a community setting or park in which the primary use is residential. Same as MANUFACTURED HOUSING COMMUNITY.
MODULAR HOME. A building which is assembled on an approved building site from components manufactured off-site in the form of separate elements or modular units produced in standardized sizes and designs which can be arranged and fitted together in a variety of relationships that upon completion form a detached one story single-family residence.
MODULAR HOME, QUALIFIED. A modular home that meets each of the following requirements:
(1) The separate elements or modular units are fabricated off-site into one or more structures or sections on an integral frame or chassis with running gear attached;
(2) The structures or sections are designed and built to be drawn as a vehicle upon the streets and highways by a motorized towing vehicle;
(3) The structures or sections are designed and built so that the exterior of the finished housing unit is similar to a mobile home in style and appearance; and
(4) The finished housing unit is one designed and manufactured for assembly upon a mobile home lot for occupancy as a detached single-family one-story dwelling unit in a mobile home park when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein.
OFF-STREET PARKING. An area of approximately nine feet in width by 20 feet in depth for the parking of one automobile. Newly established off-street parking facilities, including access drives and aisles, shall be paved according to specifications of the Florida Department of Transportation or as approved by the town. Commercial parking spaces may be marked by edging, painted lines, precast curbs or similar fashion to indicate the individual parking space. Residential parking spaces may include the driveway, carport or garage, or any space of any dimension which are provided by an owner for vehicle parking purposes.
OPEN SPACE - YARD. An unoccupied space open to the sky on the same lot with a building or mobile home.
OWNER. As applied to a building or land area, the term OWNER shall include any part owner, joint owner, corporate owner, any unit owner in a cooperative form of property ownership, any shareholder in a corporate form of cooperative ownership, trustee, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building, mobile home, land or water area.
OWNER OF PROPERTY. Same as OWNER.
PARKING. The temporary, transient storage of motor vehicles used for transportation, while their operators are engaged in other activities.
PARKING PAD. A hard and durable surface constructed of a permeable surface such as permeable interlocking brick, permeable pavers or similar material designed and constructed to ensure a stable surface for the parking of motor vehicles and similar items.
PATIO. A flat concrete or wood floor not over seven and one-half inches above the ground.
PIERS. Vertical support member of masonry.
PORCH. A concrete or wood floor higher than seven and one-half inches above the ground and generally with a railing around it.
PROPERTY OWNER. Same as OWNER.
PUBLIC UTILITY. Any organization, either private or governmental, which owns and/or operates facilities for the rendering of services to the general public, such as electric, gas, communications, television signals, transportation, water supply, sewage disposal, water conservation, drainage and garbage or refuse disposal.
RESTAURANT. Every building or other structure and all outbuildings in connection therewith and any room or rooms within any building or other structure or any place of location kept, used, maintained and advertised as or held out to the public for the primary purpose as a place where food is prepared and served, either gratuitously or for consideration.
SETBACK. Shall be synonymous with the words BUILDING LINE.
SIGN or SIGNS. An object or device which is designed, intended, used or located so as to be visible by the public from outdoors for the purpose of advertising the property, establishment or enterprise, including roads and services, upon which the sign is located, or to convey a non-commercial message. This definition shall include all parts, portions, frame, background, structure, support and anchorage thereof.
SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance or prosperity is permissible. Such uses may be permitted in such zoning districts as special exceptions as outlined in the applicable zoning district.
SPECIAL PERMIT. A conditional approval by the town for a temporary use not provided for under the general regulations of this chapter.
SQUARE FOOTAGE. Applies to total size of a lot or site and for a rectangular lot is determined by multiplication of the width of the lot or site by the depth of the lot or site. The SQUARE FOOTAGE
of a building, structure or mobile home, which is rectangular in shape, shall be determined by the multiplication of the exterior width of the building, structure or mobile home, by the exterior length of such unit.
SPACE. Same as LOT, and means a parcel of land within a mobile home park, which may be made up of a combination of lots held under a unity of title, which is designed to accommodate one mobile home, trailer or manufactured housing unit.
STORY. The part of a building contained between any floor and the floor or roof next above.
STREET. A public or private thoroughfare which affords any means of access to property. This definition shall include any accessway, such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place or cul-de-sac and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those accessways such as easements and rights-of-way intended solely for limited utility purposes, such as electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers and easements of ingress and egress.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the land, or attachment to something having a permanent location on the land. A driveway shall be considered a STRUCTURE for the purpose of this subchapter; moreover, any concrete, asphalt or other permanent surfacing placed upon a lot such as, but not limited to, a concrete slab under a mobile home, a foundation for an ELEVATED SINGLE FAMILY HOME, an open patio, air conditioning pad or an apron adjacent to a swimming pool shall also be considered a structure for the purpose of this subchapter and for the purpose of determining setback lines. A mobile home, trailer or manufactured housing unit, affixed to a lot, shall be considered a STRUCTURE.
TEMPORARY HOUSING NEED. A need for temporary housing within the town created by, a hurricane or other disaster-related event that has damaged or destroyed a substantial number of the permanent places of residence within the town causing the displacement of the occupants thereof who need safe, sanitary and adequate housing to continue their residency within the town until their homes can be repaired, rebuilt or replaced.
TEMPORARY HOUSING NEED DECLARATION. A declaration by the Town Council that an emergency exists producing a serious threat to the public, health, safety and general welfare due to the damage or destruction of the town from a hurricane or other disaster related event that has displaced a substantial number of residents from their homes and has created an emergency need for temporary housing units to provide them with safe, sanitary and adequate housing for their continued shelter until their homes can be repaired, rebuilt or replaced, and that also authorizes the use of temporary housing units for such purpose. The Town Council shall enact a declaration for the need for temporary housing units whenever required to protect the public against a serious threat to its health, safety and general welfare.
TEMPORARY HOUSING UNIT. Including any unit that may be supplied for such purpose by a governmental agency, FEMA or any other bona fide disaster relief agency, is hereby defined as any self-contained trailer, travel trailer or motorized recreational vehicle, except a pop-out or a tent, that is designed and constructed for temporary or continuous use for human habitation, provided that it also meets all temporary housing requirements of the town’s Building Code.
TEMPORARY STRUCTURE. Anything constructed or erected, the design of which or intended use of which, is other than permanent, long term or indefinite life, by design or use.
TERRACE. An unoccupied open space, which is contiguous to and bounded on at least one, but not more than two sides by the walls of a building. It may be bounded on one or more of the other sides by a wall or similar enclosure having a height of three feet or less.
TRAILER. Same as MOBILE HOME.
TRAILER PARK. Same as MOBILE HOME PARK.
TRAILER SITE. Same as MOBILE HOME LOT OR SPACE. A lot, space or plot of ground within a mobile home park or trailer park, designated for the accommodation of not more than one mobile home, trailer, manufactured housing unit or qualified modular home.
TRAVEL TRAILER. Same as TRAILER or MOBILE HOME.
TRUSTEE. A legal representative of another person under a trust relationship. Where a trustee is an owner of property in the town, this term shall have the same meaning as OWNER.
USE. The specific purpose for which land, buildings or structures are designated, arranged, intended or used for which purpose it is or may be occupied, used or maintained.
VARIANCE. A waiver or relief from the specific area and bulk requirements of the zoning ordinance or code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the ordinance or code would result in unnecessary and undue hardship.
VEHICLE. Any automobile, truck, bus, trailer (but only when in mobile operating condition), camper, motorcycle or motor home used to transport people or goods.
VERTICAL DATUM. A surface of zero elevation to which heights of various points are referenced and is a collection of specific points on the Earth with known heights either above or below mean sea level. Near coastal areas, mean sea level is determined with a tide gauge. The National Geodetic Survey is responsible (among other things) for the definition, access and maintenance of geodetic vertical datums. The current VERTICAL DATUM for the contiguous United States and Alaska is the North American Vertical Datum of 1988 (NAVD 88). Datums are maintained and updated by the National Geodetic Survey and generally there is a conversion factor between one datum and the next when a new one is adopted.
YARD, FRONT. An open, unoccupied space on the same lot with a main building extending the full width of the lot and situated between the street line and the front line of the building, projected to the side line of the lot. The depth of the FRONT YARD shall be measured between the front line of the building and the street line.
YARD, REAR. An open, unoccupied space on the same lot with a main building extending the full width of the lot and situated between the rear line of the lot and the rear line of the building, projected to the side lines of the lot. The depth of the REAR YARD shall be measured between the rear line of the lot and the rear line of the building.
YARD, SIDE. An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line which is not a rear line or front line shall be deemed a side lot line.
ZONING BOARD. The Planning and Zoning Board of the Town of Briny Breezes.
ZONING OFFICIAL. The Zoning Official of the Town of Briny Breezes, or his or her designated representative.