§ 154.09 DEFINITIONS.
   Unless specifically defined below or in the specific section in which they appear, words or phrases used in this chapter shall be interpreted to have the same meaning they have in common usage, so as to give this chapter its most reasonable application.
   "ABUTTING PROPERTY." Any property that is immediately adjacent to or contiguous with property that may be subject to any hearing required to be held under these regulations, or that is located immediately across any road or public right-of-way from the property subject to any hearing under these regulations.
   "ACCESS." The provisions for approach and entrance to a site, building, or structure from a public or private way.
   "ACCESSORY USE." See "USE ACCESSORY."
   "ACLF (ADULT CONGREGATE LIVING FACILITY." Any institution, building or buildings, residence, private home, boarding home, home for the aged, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, one or more personal services for four or more adults, not related to the owner or administrator by blood or marriage, who require such services. Personal services, for the purpose of this definition, means services in addition to housing and food service, which include, but are not limited to, personal assistance with bathing, dressing, ambulation, housekeeping, supervision, emotional security, and any other related service. Personal service does not include medical services, that use being licensed by the state.
   "ACTUAL CONSTRUCTION." The commencement and continuous uninterrupted prosecution of construction pursuant to a permit, which in- cludes the permanent placement and fastening of materials to the land or structure for which the permit has been issued. Where demolition, excavation, or removal of an existing structure has been substantially begun preparatory to new construction, that work shall be deemed actual construction, provided that work shall be continuously carried on until the completion of the new construction involved. Fill and installation of drainage facilities shall be considered a part of construction. Actual construction shall include only work begun under a valid building permit.
   “ADULT BOOKSTORE.
      (1)   An establishment which advertises, sells or rents, or offers for sale or rent adult material as defined in Chapter 115 of this code.
      (2)   The provisions of division (1) of this definition are not intended to apply and it is an affirmative defense to an alleged violation of this code regarding operating an adult bookstore without an adult entertainment license if the alleged violator shows that at the establishment:
         (a)   Admission is not restricted to adults only,
         (b)   All adult material is accessible only by employees,
         (c)   The gross income from the sale and/or rental of adult material comprises less than 10% of the gross income from the sale and rental of goods or services of the establishment, and
         (d)   The individual items of adult material offered for sale and/or rental comprise less than 10% of the total individual new items publicly displayed as stock in trade in any of the following categories: Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video tapes, slides, or other visual representations and recordings, or other audio matter or less than 10% of the individual used items publicly displayed at the establishment as stock in trade in the same categories set out above.
   “ADULT ENTERTAINMENT ESTABLISHMENT.” An adult theater, and adult bookstore, or an adult performance establishment operated for commercial or pecuniary gain, regardless of whether such establishment is licensed under this code. “Operated for pecuniary gain” shall not depend upon actual profit or loss. An establishment which has an occupational license shall be presumed to be “operated for pecuniary gain.” An establishment with an adult entertainment license shall be presumed to be an adult entertainment establishment.
   “ADULT MASSAGE ESTABLISHMENT.
      (1)   Any establishment or portion thereof, where superficial tissues of one person are manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, whether or not the manipulation is aided by any electrical or mechanical or other service, with or without chemical preparation, accompanied by the display or exposure of specified anatomical areas as defined in Chapter 115 of this code. Such establishments shall not include the following:
         (a)   Licensed health care facility;
         (b)   Licensed physicians or nurses engaged in the practice of their professions;
         (c)   Educational or athletic facilities, if the massage is a normal and usual practice in such facilities; or
         (d)   Establishments exempted under F.S. § 480.034, or any successor thereto, provided that all employees of said establishments who manipulate the superficial tissues of the body of another person are licensed under F.S. Chapter 480.
      (2)   The term “ADULT MASSAGE ESTABLISHMENT” is included within and supplements the definition of adult performance establishments.
   “ADULT MOTEL.” Any motel, hotel, boardinghouse, roominghouse, or other place of temporary lodging which includes the word “adult” in any name it uses or otherwise advertises the presentation of films, motion pictures, videotapes, slides, or other photographic reproductions, which have their primary or dominant theme matters depicting, illustrating, or relating to specified sexual activities or specified anatomical areas as defined in Chapter 115 of this code. The term “ADULT MOTEL” is included within the definition of “adult theater.”
   “ADULT PERFORMANCE ESTABLISHMENT.
      (1)   An establishment where any employee:
         (a)   Engages in a private performance or displays or exposes any specified anatomical areas to a patron, regardless of whether the employee actually engages in dancing;
         (b)   Wears any covering, tape, pastie, or other device which simulates or otherwise gives the appearance of the display or exposure of any specified anatomical areas, regardless of whether the employee actually engages in dancing;
         (c)   Offers, solicits, or contracts to dance or perform with a patron in consideration of any tip, remuneration, or compensation from or on behalf of that person; or
         (d)   Dances or performs with or within three feet of a patron and accepts any consideration, tip, remuneration, or compensation from or on behalf of that person.
      (2)   It is an affirmative defense that an establishment is not an adult performance establishment if the establishment is a bona fide private club whose membership as a whole engages in social nudism or naturalism as in a nudist resort or camp or such other establishment in which the predominant business or attraction of the establishment is not the offering to customers of a product, service, or entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, and the establishment is not distinguished by an emphasis on or the advertising or promotion of materials relating to or employees depicting, describing, displaying, exposing, or simulating specified sexual activities or specified anatomical areas as defined in Chapter 115 of this code.
      (3)   An adult performance establishment shall not be deemed a place provided or set apart for the purpose of exposing or exhibiting a person’s sexual organs in a manner contrary to the first sentence of F.S. § 800.03, the state’s indecent exposure statute as set forth in the decision of the Supreme Court of Florida in the case of Hoffman v. Carson, 250 So. 2d 891, 893 (Fla 1971), appeal dismissed 404 U.S. 981 (1971).
      (4)   To the degree not described by this definition of adult performance establishment, an adult massage establishment, as herein defined, shall be considered to be an adult performance establishment.
   “ADULT THEATER.” Any establishment which has adult booths (as defined by Chapter 115 of this code) where adult material (as defined by Chapter 115 of this code) may be viewed or an establishment which has as auditorium, rooms, or an open- air area where persons may view films, motion pictures, video cassettes, slides, or other photographic reproductions which have as their primary or dominant theme matters depicting, illustrating, or relating specified sexual activities or specified anatomical areas as defined in Chapter 115 of this code. Adult motels and adult booth or peep show arcades are considered to be adult theaters.
   “ALCOHOLIC BEVERAGE.” All beverages containing alcohol of more than 1% by weight.
   “ALCOHOLIC BEVERAGE ESTABLISHMENT.” Any establishment wherein alcoholic beverages are sold or dispensed for consumption on premises and where the semiannual average percentage of alcoholic beverage sales exceeds 49%; or any establishment wherein alcoholic beverages are sold or dispensed for consumption on premises which displays a sign that is visible from outside the establishment that advertises alcoholic beverages. This includes bars/cocktail lounges, beer gardens, and craft breweries, but does not include restaurants.
   “ALCOHOLIC BEVERAGE ESTABLISHMENT-PACKAGE SALES.” Any establishment wherein alcoholic beverages are sold for consumption off premises.
   “ALLEY.” A public or private way which is not designed for general travel but is used primarily as a means of secondary access to a lot abutting thereon. An “ALLEY” is not considered a street.
   “ALTER, ALTERATION.” Any change to a building, structure, or site, including, but not limited to, access, size, floor area, height, shape, occupancy, character, or use.
   “ANTECEDENT WATER ELEVATION.” The water elevation designated by the Army Corps of Engineers as the beginning elevation in the computation of the 100-year flood elevation of a given water body.
   “ANTENNA.” An arrangement of wires or metal rods used in transmitting or receiving electromagnetic waves.
   “ANTENNA ARRAY.” A platform where antennas are mounted, which signal transmission and reception to mobile devices within a specific area.
   “APPLICABLE CODES.” Uniform building, fire, electrical, plumbing, or mechanical codes adopted bv a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, and includes the National Electric Safety Code and the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual.
      (1)   The term includes objective design standards adopted bv ordinance that may require a new utility pole that replaces an existing utility pole to be of substantially similar design, material, and color or that may require reasonable spacing requirements concerning the location of ground-mounted equipment.
      (2)   The term includes objective design standards adopted bv ordinance that may require a small wireless facility to meet reasonable location context, color, stealth, and concealment requirements; however, such design standards mav be waived bv the citv upon a showing that the design standards are not reasonably compatible for the particular location of a small wireless facility or that the design standards impose an excessive expense. The waiver shall be granted or denied within 45 days after the date of the request (F.S. § 337.401(7)(r)).
   “ARTERIAL.” A street which provides a direct route for long, local trips and also provides access to interstates, expressways, and freeways. The main function of an arterial is to move large numbers of vehicles. Average daily traffic is normally greater than 6,000 vehicles. Interstates, expressways, and freeways can also be classified as arterial roads with greater capacities, greater rights-of-way, and more limited access than other arterials.
   “ARTIFICIAL DRAINAGE SYSTEM.” Any canal, ditch, culvert, dike, storm sewer, or other man-made facility which tends to control surface flow of water.
   “AUTOMOBILE SERVICE STATION.” An establishment whose primary business is limited to the retail sale of motor fuels, lubricants, coolants, and other customary items. Uses permissible at an automotive service station do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles not in operating condition, operation of a commercial parking lot or commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations. An automotive station is not a repair garage, a body shop, a car laundry, or a truck stop.
   “AUTOMOBILE WRECKING LOTS OR YARDS.” A lot or group of contiguous lots used for the storage, dismantling, or wrecking of used automobiles not in running condition, and the storage and sale of used automobile parts.
   “AWNING.” A roof like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. An awning may be made of fabric, canvas or aluminum type material and shall be constructed separately from the main building and attached independently to the main building.
   “BAR/COCKTAIL LOUNGE.” Any establishment wherein alcoholic beverages are sold or dispensed for consumption on premises and where the semiannual average percentage of alcoholic beverage sales exceeds 49%; or any establishment wherein alcoholic beverages are sold or dispensed for consumption on premises which displays a sign that is visible from outside the establishment that advertises alcoholic beverages; or any establishment wherein alcoholic beverages are sold or dispensed for consumption on premises, where private recreational activities are available to the patrons of that establishment. Such recreational uses include, but are not limited to, pool tables, dart games, air hockey, dancing, live entertainment, television with a picture screen in excess of 25 inches diagonally, motion pictures, karoake, and/or more than two pinball machines or video machines per 100 seats allowed in the establishment.
   “BEER GARDEN.
      (1)   Any establishment wherein alcoholic beverages are sold or dispensed for consumption on premises and where the semiannual average percentage of alcoholic beverage sales exceeds 49%. There is typically no outward display of window or wall signage that advertises alcoholic beverages. Food service shall be provided from a restaurant that is immediately adjacent to the beer garden. Food service shall be provided via a fully integrated point-of-sale system whereby customers within the beer garden are able to order food from the adjacent restaurant and have the food delivered from the restaurant.
      (2)   Food service may also be provided via a traditional commercial kitchen. Outdoor seating/activity space shall be provided that is a minimum of 15% of the gross floor area of the indoor seating/bar space. Sidewalk space required for ADA minimum calculations shall not be used in this calculation (44-inch wide uninterrupted travel way). The outdoor space shall include aesthetic improvements such as decorative fencing, string lights, and the like. Outdoor games may also be included in this space. Smoking is typically not permitted indoors by the business owner.
   “BLOCK.” Includes tier or group, and means a group 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.
   “BORROW PIT.” Any operation which shall entail the excavation or removal of earth in excess of 20 yards in a 12-month period from one parcel of property to another parcel of property, or from one parcel of property to the same parcel of property, where public roads shall be used.
   “BOTTLE CLUB.” A commercial establishment, operated for profit, whether or not profit is actually made, wherein patrons consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the establishment, whether the patrons bring in and maintain custody of their own alcoholic beverages or surrender custody to the establishment for dispensing on premises, and which is enclosed in a building or other enclosed permanent structure. This definition does not apply to sporting facilities where events sanctioned by nationally recognized regulatory athletic of sports associations are held, bona fide restaurants licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation whose primary business is the service of full course meals, or hotels and motels licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.
   “BREAK POINT.” The location on a communication tower of a designed feature which, in the event of a tower failure, would result in the tower falling entirely within the boundaries of the property on which it is located.
   “BUFFER.” A specified land area together with planting and landscaping required on the land to visibly separate one use from another, or to shield or block noise, lights, or other nuisances.
   “BUILDABLE AREA.” The portion of a lot remaining after required setback yards have been provided. Buildings and accessory uses may be placed in any part of the buildable area, but limitations on the percentage of the lot which may be covered by buildings may require open space within the building area.
   “BUILDING.” Any structure having a roof supported by columns or by walls, and intended for the shelter, housing, or enclosure of persons, animals, or chattel. The word “BUILDING” includes the word “STRUCTURE.
   “BUILDING HEIGHT.” The vertical distance from the grade to the highest point of the highest exterior bearing wall. If there is no exterior bearing wall, then the distance shall be measured from the grade to the highest point on the highest exterior wall. Chimneys, cupolas, elevator bulkheads, atriums, and similar roof-mounted structures may be erected above the established height limits by no more than eight feet. Spires or bell towers shall be reviewed and permitted under site plan review as a conditional use. For screening of mechanical equipment, see § 157.06(C).
   “BUILDING SETBACK” or “BUILDING LINE.” The line, established by law, beyond which a building shall not extend, except as specifically provided by law; and determined from the extreme support or the roof of the main structure or appurtenance thereto.
   “CAMOUFLAGED COMMUNICATION TOWER.” A tower designed to unobtrusively blend into the existing surroundings and be disguised so as to not have the appearance of a communication tower. Such structures shall be considered communication towers and not spires, belfries, cupolas, or other appurtenances usually required to be placed above the roof level for purposes of applying height limitations. It is recognized that due to their height, such structures must be designed with sensitivity to elements such as building bulk, massing, and architectural treatment of both the tower and surrounding development. Camouflaged towers on developed property must be disguised to appear as either a part of the structure housing the principal use or an accessory structure that is normally associated with the principal use occupying the property. Camouflaged towers developed on unimproved property must be disguised to blend in with the existing vegetation. An example of a camouflaged communication tower would be a tower that is constructed in the form and shape of a tree in order to appear to be part of a forested area, or a tower constructed to appear to be or to actually be a component of a bell or clock tower on sites with existing industrial or institutional development, or to be or appear to be a component of a church steeple on sites with existing churches.
   “CARPORT.” An accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor- driven vehicles.
   “CEMETERY.” Property used for the interring of the deceased.
   “CHANGE OF OCCUPANCY.” A discontinuance of an existing use and the substitution therefor of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.
   “CHILD CARE CENTER.” An establishment where three or more children, other than members of the family occupying the premises, are cared for. The term includes day nurseries, kindergartens, day care service, day care agency, nursery school, or play school. The term does not include foster homes.
   “CITY.” The City of Lake Mary, Florida, or its governing body, the City Commission, or their official representatives.
   “CITY COMMISSION.” The elected officials of the City of Lake Mary as established by the City Charter.
   “CLEARING.” The removal of trees and brush from a substantial part of the land; but does not include mowing.
   “CLINIC.” An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons practicing any form of healing or health-building services to individuals, whether those persons are medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession the practice of which is lawful in the state, excluding pain management clinics, as defined herein.
   “CLUB/LODGE (PRIVATE).” Buildings and other facilities owned or operated by a corporation, association, persons, or a person for a social, educational, or recreational purpose, to which there is restricted public access or use, but not primarily for profit or to render a service which is customarily conducted as a business.
   “COLLECTOR.” A street which conducts traffic between local streets and arterials, and also provides access to abutting property. Average daily traffic normally ranges from 1,000 to 6,000 vehicles.
   “COLLECTION BINS (or BOXES.” Any stationary or free-standing container, receptacle or similar device located on property and used for solicitation and collection of donated items such as clothing, books, shoes or other non- perishable personal property.
   “COLLOCATION.” To install, mount, maintain, modify, operate, or replace one or more wireless communication facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wireless support structure in the public rights-of-wav. (F.S. §337.401(7)(b)7).
   “COMMISSION.” The City Commission of the City of Lake Mary.
   “COMMUNICATION ANTENNA.” An antenna designed to transmit or receive communications as authorized by the Federal Communications Commission.
   “COMMUNICATION TOWER.” A guyed, monopole or self supporting tower, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication. The term communication tower shall not include amateur radio operators’ equipment as licensed by the Federal Communications Commission (FCC). No tower shall exceed 200' in height (including antenna) when freestanding, or 15' over the building height when placed on top of buildings. Communication towers permitted in the city are generally described as either monopole (freestanding) or self-supporting lattice (square, triangular or pyramidal in plain view and constructed of steel lattice). For purposes of this definition, the term shall not include wireless communication facility support structures.
   “COMMUNITY SERVICES AND FACILITIES.” Includes facilities such as fire stations, police stations, public and private parks and playgrounds, swimming pools, tennis courts, community centers, libraries, museums, water plants, sewage treatment plants, and similar public and private services.
   “COMPREHENSIVE PLAN.” The official documents adopted by the City Commission which establish the policies and objectives for the future growth and development of the city in accordance with state statutes, as described in Chapter 151 of the City Code of Ordinances.
   “CONCEALED AND STEALTH COMMUNICATIONS TOWERS.” Stealth towers are a particular brand of concealed towers. Concealed towers require additional material to create a “concealed appearance.”
   “CONDOMINIUM.” A building or group of buildings in which units are owned individually, and common areas and facilities are owned by all the unit owners on a proportional basis. It is a legal form of ownership and not a specific building type.
   “CONFLICT OF INTEREST.” A situation in which regard for a private interest tends to lead to disregard of a public duty or interest.
   “CONSTRUCTION, ACTUAL.” The commencement and continuous uninterrupted prosecution of construction pursuant to a permit, which includes the permanent placement and fastening of materials to the land or structure for which the permit has been issued. Where demolition, excavation, or removal of an existing structure has been substantially begun preparatory to new construction, that work shall be deemed actual construction, provided that work shall be continuously carried on until the completion of the new construction involved. Fill and installation of drainage facilities shall be considered a part of construction. Actual construction shall include only work begun under a valid building permit.
   “CONTIGUOUS.” Lands that directly abut each other. Lands separated by streets or right-of-way are not contiguous.
   “CONVENIENCE STORE.” An establishment limited to the sale of convenience goods such as foodstuffs, drugs, cosmetics, and incidental household and personal articles, not exceeding a gross floor area of 5,000 square feet. A convenience store may also include fuel pumps for the sale of automotive fuels and/or kerosene. This service area, however, shall not be considered part of the gross floor area.
   "COUNTY." Seminole County, Florida, or the governing body thereof, the Board of County Commissioners, or their official representatives.
   “CRAFT BREWERY.” A small-scale, licensed facility for the brewing of beer that produces, processes, ferments, rectifies or blends craft brews, wines, or distilled spirits. It may include a tasting room which allows for the sales of beer and wine as defined in the Florida Statutes. Food preparation for serving to guests may also be included.
   “CREMATORIUM.” A building used for the cremation (burning) of the deceased.
   "CUL-DE-SAC." A local street with only one outlet, and having an appropriate terminal for the safe and convenient reversal of traffic movement.
   “DAY CARE CENTER.” An establishment where three or more individuals, either children or adults, other than members of the family occupying the premises, are cared for less than 24 hours a day. The term includes day nurseries, kindergartens, day care service, day care agency, nursery school, child care center, play school and/or adult day care facility. The term does not include foster homes or halfway houses.
   "DENSITY, GROSS RESIDENTIAL." The total number of dwelling units divided by the total number of land acres on a site. For the purpose of this definition, land acres shall include all easements and proposed rights-of-way, but shall not include existing road rights-of-way or any land located within the 100-year flood plain as defined by the flood insurance rate map.
   "DENSITY, NET." The total number of dwelling units in an area divided by the total number of land acres devoted entirely to a designated land use. For the purpose of this definition, land acres shall not include existing or proposed road rights-of- way or any area located below the 100-year flood plain as defined by the flood insurance rate map.
   "DEVELOPED." That point in time when the building and site have received final inspections.
   "DEVELOPER." Any person, including a governmental agency, undertaking any development, as defined in this section.
   "DEVELOPMENT." Shall have the meanings given in F.S. Chapters 163 and 380.
   "DEVELOPMENT ORDER." Shall have the meanings given in F.S. Chapters 163 and 380.
   "DEVELOPMENT PERMIT." Shall have the meanings given in F.S. Chapters 163 and 380.
   "DISCHARGE, DISCHARGE POINT." The outflow of water from a project, site aquifer, drainage basin, or facility.
   "DISTRICT (ZONING)." Any certain described area of the city within which the regulations of this chapter apply and within which regulations are uniform
   "DISTRICT BOUNDARIES." For purposes of calculating setbacks as required in this chapter, district boundaries shall be construed as beginning at the nearest adjacent property line within a district. This is specifically intended to prevent establishment of setbacks from artificial boundary lines, including streets, railroads, or similar locations, except as specifically provided in this chapter.
   "DOCK." A structure built on or over the water, which is designed or used as anchorage for and access to one or more boats for commercial or private use. Necessary services such as water and other utilities are considered a part of a dock; however, no sleeping, cooking, or business activity shall be permitted.
   "DRAINAGE SYSTEMS, NATURAL DRAINAGE SYSTEM." Surface streams or swamps which convey water to natural points of discharge.
   "DREDGING, FILLING, AND OTHER RELATED ACTIVITIES." Any activities which may affect the quality of the waters of the city, such as the following: draining, digging, pumping, pushing, removing, or displacing, by any means, of material; or the dumping, moving, relocating, or depositing of material, either directly or otherwise; and the erecting of structures, driving of pilings, or placing of obstructions below the mean-high-water mark of any body of water within the city.
   "DRIP LINE." The vertical line running through the outermost portion of the tree crown extending to the ground.
   "DRIVE-IN (BUSINESS)." A business which offers one or more of the following: rendering of services to a patron remaining in a vehicle parked on the premises in other than a designated off-street parking space; take-out window or counter, service window, or curb service, and salable items in takeout form; or outdoor service facilities, including tables and waste receptacles.
   "DRIVE-IN THEATER." A place of outdoor assembly used for the showing of plays, operas, motion pictures, and similar forms of entertainment which is designed to permit the audiences to view the performance from self- propelled vehicles parked within the theater enclosure.
   "DUE PUBLIC NOTICE." As used in connection with the phrase "public hearing" or "hearings with due public notice," involves the following requirements:
      (1)   At least 15 days notice of the time and place of hearing required under this act shall be published one time in a newspaper of general circulation in that area. However, if the hearing applies to a single lot, parcel, or tract of land rather than to all of the lands within a planning area, governmental jurisdiction, zoning district or other planning or governmental subunit, notice shall also be posted in a conspicuous place on the lot, parcel, or tract of land.
      (2)   The notice shall state the time and place of the hearing, or the times and places of the hearings, the nature of the matter to be discussed, and may state that the hearings will be continued from time to time as may be found necessary.
      (3)   Affidavit proof of the required publication shall be present at the hearing.
   "DWELLING." A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multi-family dwellings; but not including hotels, motels, boarding houses, rooming houses, or house trailers, whether the trailers be mobile or located in a stationary fashion as on blocks or other foundations; nor tents, houseboats, travel trailers, or other forms of temporary or portable housing.
   "DWELLING, MULTI-FAMILY." A building containing three or more dwelling units.
   "DWELLING, MULTIPLE DWELLING USE." For the purposes of determining whether a lot is in multiple dwelling use, the following considerations shall apply:
      (1)   Multiple dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management, or cooperative apartments, condominiums, and the like.
      (2)   Where an undivided lot contains more than one building and the buildings are not so located that lots and yards conforming to requirements for single-, two-, or multiple-family dwellings in the district could be provided, the lot shall be considered to be in multiple dwelling use if there are three or more dwelling units on the lot, even though the individual buildings may each contain less than three dwelling units.
      (3)   Guest houses and servants quarters shall not be considered as dwelling units in the computation of (2) above.
      (4)   Any multiple dwelling in which dwelling units are available for rental for periods of less than one week shall be considered as a tourist home, motel, motor-hotel, or hotel, as the case may be.
   "DWELLING, SINGLE-FAMILY. A building or manufactured home containing only one dwelling unit. For regulatory purposes, the term is not to be construed as including travel trailers, housing mounted on self-propelled or drawn vehicles, tents, houseboats, or other forms of temporary or portable housing.
   "DWELLING, TWO-FAMILY OR DUPLEX." A building containing only two dwelling units.
   "DWELLING UNIT." A building consisting of one or more rooms which are arranged, designed, or used as living quarters for one family only, containing independent sanitation and cooking facilities.
   "EMF." Electromagnetic field.
   "EASEMENT." A right given by the owner of land or property to another party for specific, limited use or restriction of that land or property, the title to which shall remain in the name of the property owner, subject to the right of use designated in the instrument by which the easement is conveyed.
   "FAMILY." One or more persons occupying a single dwelling unit that are related by law, blood, adoption, or marriage. A family shall not contain more than four unrelated persons. Domestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families. The term "FAMILY" shall not be construed to mean a fraternity, sorority, club, monastery or convent, or institutional group.
   "FENCE." A structure and enclosure constructed of component wood, metal, mesh, or plastic parts, which can, if necessary, be disassembled and moved, and which has no permanent foundation or continuous footings.
   "FENCE AND WALL, DECORATIVE." Fence types including but not limited to split-rail fences and picket fences. Such fences and walls may not exceed six feet in height and may have a base that shall not exceed 50% of the height of the fence. The base may be up to 100% opaque. That portion of the fence/wall above the base shall not exceed 50% opacity. Chain-link fences, wire fences and privacy fences and walls shall not be considered decorative.
   "FINAL MASTER PLAN." The specific plan for the development of a planned unit development, which shall include such information as required under the planned unit district of these regulations.
   "FINAL PLAT." Those submittals as required by, and following the procedures of, the city's subdivision regulations, showing all building lots, easements, rights-of-way, and other information necessary for providing the detailed description of the subdivision of a parcel of land.
   "FLEA MARKET." An open-air market encompassing more than 500 square feet where old, used, or new merchandise is offered for sale by three or more vendors on a regular basis.
   "FLOOR AREA (GROSS FLOOR AREA)." Except as may be otherwise indicated in relation to particular districts and uses, floor area shall be construed as the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including interior parking spaces, loading space, or any space where the floor to ceiling height is less than six feet.
   "FOSTER CARE FACILITY." A structure in which the owners or operators are subject to licensing or approval by the State Department of Health and Rehabilitative Services, live permanently, and provide full-time care and supervision in a family living environment to a maximum of three full-time clients who are unrelated to the owners or operators.
   “FRONT PORCH.” An unairconditioned, roofed structure attached to the front of the primary building. For structures in the DC zoning district, front porches must be a minimum of seven feet in depth and cover a minimum of one-third of the front building facade.
   “FUNERAL HOME.” A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation. A funeral home may display and sell caskets, urns and other provisions specifically used in the funeral ceremony. A funeral home may not include ancillary uses such as mausoleums, crematoriums or cemeteries.
   "GARAGE APARTMENT." An accessory or subordinate building, not a part of or attached to the main building and the enclosed space for at least one automobile is attached to the dwelling unit that:
      (1)   Occupies not more than 25% of the building floor area excluding carports, garages, porte cocheres, breezeways, and screened or open porches of the principal unit/structure, or 600 square feet, whichever is greater;
      (2)   Is used exclusively for housing members of the family occupying the principal dwelling, or their non-paying guests; and
      (3)   Complies with the property development regulations for the district in which it is located.
   "GARAGE, MECHANICAL." A building, or portion thereof, other than a private garage or service station, designed or used for repairing, equipping, or servicing of motor vehicles, and may include the renting, storing, or selling of motor vehicles.
   "GARAGE, PARKING." A building or portion thereof designed or used for temporary parking of motor vehicles, and within which gasoline and oils may be sold only to parking patrons of the garage.
   "GARAGE, PRIVATE." An accessory use designed or used for inside parking of private passenger vehicles by the occupants of the main building. A private garage attached to or part of the main structure is to be considered part of the main building. An unattached private garage is to be considered as an accessory building.
   "GOVERNING BODY." The City Commission of the City of Lake Mary.
   "GRADE." The slope of a road, street, or other public way, specified in percentage terms.
   "GREEN BELT." An area of land, either retained in its natural state or landscaped with grass, shrubs, and trees, intended to provide buffering for adjacent land uses and to facilitate on-site percolation of storm water runoff.
   "GREENBOOK." The "Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways," prepared by the State Department of Transportation, Tallahassee, Florida.
   "GROSS SALES." The dollar amount reported to the Florida Department of Revenue as "GROSS SALES."
   "GROUND WATER." Water beneath the surface of the ground, whether or not flowing through known definite channels.
   "GROSS FLOOR AREA." See "FLOOR AREA."
   "GUEST HOUSE." A building that:
      (1)   Occupies not more than 25% of the building floor area excluding carports, garages, porte cocheres, breezeways, and screened or open porches of the principal unit/structure, whichever is greater;
      (2)   Is used exclusively for housing members of the family occupying the principal dwelling, or their non-paying guests; and
      (3)   Complies with the property development regulations for the district in which it is located.
   “GUYED COMMUNICATIONS TOWERS.” A tower that is basically a straight rod supported by wires that attach to the ground as support. Typical uses are: telephony, radio, television, and paging.
   "HOME, MANUFACTURED." A single-family dwelling unit, certified by the Florida Department of Veterans and Community Affairs as a single-family manufactured home.
   "HOME, MOBILE. A structure designed for relatively long occupancy as a single-family dwelling, which is designed for transportation on streets and highways on its own wheels after fabrication, and which may be legally licensed as a vehicle, arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or other supports, connections to utilities, and the like.
   "HOME, MOTOR." See "MOTOR HOME."
   "HOME OCCUPATION." An occupation conducted either entirely in a dwelling unit, or a business in which the dwelling unit or its accessory buildings serve as a base for business conducted entirely off the premises, provided that:
      (1)   No person other than members of the family residing on the premises shall be engaged in the occupation.
      (2)   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character thereof.
      (3)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation, other than one sign, not exceeding one square foot in area, non-illuminated, mounted flat against the wall of the principal building at a position not more than two feet distant from the main entrance to the residence.
      (4)   No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation shall be met off the street and other than in a required front yard.
      (5)   No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit, if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.
      (6)   A home occupation shall be subject to all applicable city occupational licenses and other business taxes.
   "HOSPITAL." An institution licensed by the state to provide health services, primarily to in-patients, and medical and surgical care of the sick or injured, including as integral parts of the institution, related facilities such as laboratories, out-patient departments, training facilities, central services, and staff offices.
   "HOSPITAL, ANIMAL." A facility for the diagnosis, treatment, and convalescence of animal patients. Animals may be boarded on the premises for the purpose of treatment only.
   "HOTEL, MOTEL, MOTOR HOTEL, MOTOR LODGE, TOURIST COURT." These terms are to be considered synonymous, and to mean a building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with daily charge, as distinguished from multiple-family dwellings (apartments) and rooming or boarding houses, where rentals are for periods of a week or longer, and occupancy is generally by residents rather than transients.
   "IMPERVIOUS SURFACE." All surface areas of a lot or parcel, including portions of occupied buildings or structures, where surface drainage waters are unable to freely percolate downward through the natural soils.
   "IMPROVEMENTS." 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), permanent control points (PCPs), or any other improvements required by the city or these regulations.
   "INSTRUCTIONAL STUDIO." Fine arts museums and fine arts instruction including: art instruction limited to painting, sculpture, pottery, and photography. Dance instruction, including but not limited to, ballet, tap, jazz and modern dance. Music instruction limited to piano, non-percussion symphony instruments, and non-amplified stringed instruments.
    "JUNKYARD." A place, structure, or lot where junk, waste, and discarded, salvaged, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, and the like, are brought, bought, sold, exchanged, baled, packed, disassembled, stored or handled, including used lumber and building material yards or places for the storage, sale, or handling of salvaged house wrecking or structural steel materials. This definition shall not include automobile wrecking and automobile wrecking yards, or pawnshops and establishments for the sale, purchase, or storage or secondhand cars, clothing, salvaged machinery, furniture, radios, stoves, refrigerators, or similar household goods and appliances, all of which shall be usable; nor shall it apply to the processing of used, discarded, or salvaged materials incident to manufacturing activity on the same site where that processing occurs.
   "KENNEL." Land or improvements used for raising, breeding, boarding, and grooming, for profit, more than five domestic animals such as dogs or cats, but excluding customary farm animals, or exotic species such as lions.
   "LAKE." Any natural body of water of two acres or more so designated according to the latest United States Geological Survey map. For the purposes of this chapter, a lake must contain water throughout the year.
   "LAKEFRONT PROPERTY." Property abutting a lake, or having deeded access to a lake.
   "LAND." Any ground, soil, earth, water, or combination thereof, including all things found permanently thereon whether by nature or by the hand of man. The term shall also include the words, "water," "marsh," or "swamp."
   "LAND OWNER." The legal or beneficial owner or owners of all of the land proposed to be included in a development; the holder of an option or a contract to purchase; or a person having possessory rights or equal dignity, will be deemed to be a land owner for the purpose of this chapter so long as the written consent to the development of the owners of all other interest in the land concerned is obtained.
   "LAND SURVEYOR." A land surveyor registered under state statutes who is in good standing with the State Board of Professional Engineers and Land Surveyors.
   "LAND USE." The development that has occurred on the land, or the development that is proposed by a developer on the land; or the use that is permitted or permissible on the land under an adopted comprehensive plan, or element or portion thereof, or under land development regulations or a land development code, as the context may indicate.
   "LAND USE PLAN." An element of the comprehensive plan which establishes the policies, objectives, and map for future land use within the city.
   “LATTICE COMMUNICATIONS TOWERS.” A tower sometimes referred to as “self-support” because it is free-standing. It stands 200 to 400 feet tall with a triangular base and three to four sides. It is typically used for telephony.
   "LAUNDRY, SELF-SERVICE." A business that provides home-type washing, drying, or ironing machines for hire to be used by customers on the premises.
   “LIGHT, DECORATIVE.” A light fixture that is designed for aesthetic appeal as well as illumination. Wall packs, flood lights, bare incandescent or fluorescent light bulbs, and the like, are not considered to be a decorative light.
   "LOCAL STREET." A street which provides access to property, serving as the first level of roadway for a neighborhood. It serves as a feeder to collector streets. Average daily traffic is normally less than 1,000 vehicles.
   "LOT."
      (1)   General. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are required in this chapter. A lot shall have frontage on a public street or on an approved private street, and may consist of:
         (a)   A single lot of record;
         (b)   A portion of a lot of record;
         (c)   A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;
         (d)   A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of these zoning regulations.
      (2)   Lot types.
         (a)   "CORNER LOT." A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
         (b)   "INTERIOR LOT." A lot other than a corner lot with only one frontage on a street.
         (c)   "REVERSED FRONTAGE LOT." A lot in which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot, or a through lot.
         (d)   "THROUGH LOT." A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
   "LOT FRONTAGE." The portion of a lot nearest the street right-of-way. For the purpose of determining yard requirements on corner and through lots, all sides of a lot adjacent to street rights-of-way shall be considered frontage, and yards shall be provided as set forth in the zoning regulations.
   "LOT MEASUREMENT, DEPTH." The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
   "LOT MEASUREMENT, WIDTH." The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80% requirement shall not apply.
   "LOT OF RECORD."
      (1)   A lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Seminole County; or
      (2)   A lot or parcel described by metes and bounds, the description of which has been so recorded on or before the effective date of these zoning regulations or of prior zoning and subdivision regulations governing the creation of lots.
   "LOT WIDTH AT THE BUILDING LINE." The distance between the side lot lines, measured at the front building line and parallel to the front lot line.
   “MACRO WIRELESS FACILITY.” A large wireless communication facility that provides radio frequency coverage for a personal wireless service. Generally, macro cell antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro cell facilities typically contain antennas that are greater than three cubic feet per antenna and typically cover large geographic areas with relatively high capacity and mav be capable of hosting multiple wireless service providers.
   "MARINA." A premises or site used as a commercial establishment for the provision of rental of covered or uncovered boat slips or dock space, or enclosed dry storage space; rental or sale of boats and boat motors, marine fuel and lubricants, bait and fishing equipment; on-shore restaurants; and small boat hauling or launching facilities. The premises or site shall not include boat or motor manufacturing as an incidental use.
   “MAUSOLEUM.” A building with stacked vaults for the entombment of the deceased.
   "MEAN HIGH WATER LINE." The land contour line as indicated on the United States Geological Survey quadrangle map.
   "MINI-WAREHOUSES." A structure or structures used for the purpose of personal storage. It is not permitted to operate a business from a mini-warehouse unit, nor shall a mini-warehouse unit be used for the storage, sale, or assembly of property in the conduct of a business. No mini- warehouse shall be used for human occupancy of any type. "HUMAN OCCUPANCY" includes the use of any building, structure, or facility for living or sleeping purposes.
   "MOBILE FOOD VENDOR." A person who is in the business of selling prepared food from a vehicle which has a current registration and license from the State of Florida and complies with the provisions of § 154.21(C) of the city's Code of Ordinances.
   "MOBILE HOME." See "HOME, MOBILE."
   “MONOPOLE COMMUNICATIONS TOWER.” A single tube tower which typically stands between 100 and 200 feet with antennas mounted on the exterior of the tower. Its primary use is telephony.
   "MOTEL." See "HOTEL."
   "MOTOR HOME." A portable temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle.
   "NATURAL FLOW PATTERN." The rate, volume, and direction of the surface of ground water flow occurring under natural conditions for any given portion of the city.
   "NEW AND USED VEHICLE SALES." The sale, lease, or rental of new or used vehicles such as cars, trucks, recreational vehicles, or motorcycles, including servicing and parts sales.
   "NEWSPAPER OF GENERAL CIRCULATION."   A newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates; but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.
   "NIER." Nonionizing electromagnetic radiation.
   "NONCONFORMING STRUCTURES." Existing improvements which do not meet required parking and loading regulations, height regulations, area regulations, floor area regulations, or other applicable regulations for the district in which they are located.
   "NONCONFORMING USE." See "USE", (1)(d) "NONCONFORMING."
   "NURSERY SCHOOL." See "DAY CARE CENTER."
   "NURSING HOME." A facility, licensed as a nursing home by the state, where 24-hour a day nursing, medical, convalescent, or custodial care is provided for persons suffering from illness, disease, or mental or physical infirmity, except from contagious disease or sociopathic or psychotic behavior, and not in need of hospital care.
   "OFFICE." A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
   "OFFICE, MEDICAL." A building or portion of a building that contains health care facilities; establishments which dispense health services, as well as establishments providing support to the medical profession and patients, including but not limited to, medical and dental laboratories, and miscellaneous types of medical supplies and services.
   "OFFICIAL ZONING MAP." An official map depicting the boundaries and identification of the zoning districts established by the City Commission through the provisions of law and the zoning regulations.
   "OFF-STREET PARKING FACILITY." A lot or parcel of land or structure designed, constructed, or utilized for the temporary storage or parking of motor vehicles.
   "OPEN SPACE." An exterior ground level area, open to the sky and devoid of buildings, structures, and parking, loading, or other vehicular use areas.
   "OUTDOOR ADVERTISING." The commercial business of utilizing a non-accessory sign on a parcel of land to display a commercial message relating to a business, product, service, event, or person located somewhere other than the parcel of land where the sign is located, whether as a wall sign or as a ground sign or in any other manner, including but not limited to any such commercial business that requires a state outdoor advertising license under F.S. Chapter 479 (Outdoor Advertising).
   "PACKAGE STORE." A place where alcoholic beverages are dispensed or sold in containers for consumption off the premises.
   "PAIN MANAGEMENT CLINICS." A pain management clinic shall mean any medical office/facility that is required to register with the Florida Department of Health, under F.S. §§ 458.3265 or 459.0137, as may be amended from time to time.
   "PARCEL OF LAND." Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit.
   "PARK." Property set apart for public or private recreation, containing natural or man-made permanent improvements.
   "PARKING." The standing of a prohibited vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
   “PARKING, COVERED.” In connection with maximum percentage of lot coverage requirements, an accessory structure:
      (1)   Separate from or attached to the principal building;
      (2)   Erected for the purpose of protecting automotive vehicles from the elements; and
      (3)   Having an external appearance, architectural definition, of construction which, when viewed public ways, including waterways, shall resemble the external surface, appearance, architectural definition, or type or construction of the main building.
      (4)   Use of aluminum or other metal sheeting shall not qualify as covered parking, unless the principal building is similarly constructed.
   “PARKING LOT.” A paved area, open to the sky, intended or used for parking more than four vehicles.
   “PARKING SPACE, OFF-STREET.” A space adequate for parking a standard size automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. A required off-street parking area for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another. Minimum size for an individual off-street parking space shall not be less than nine feet by 19 feet. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be considered to be met only where actual spaces meeting the requirements above are provided and maintained, improved in the manner required by these regulations and in accordance with all ordinances and regulations of the city. (See Chapter 155, Appendix B .)
   “PARKWAY STRIP.” The unpaved portion of the right-of-way between the back of curb and the sidewalk. The parkway strip typically includes street light poles and lights, utility poles, regulatory signage, traffic signal equipment and street trees. In some instances, a streetscape zone may not have a parkway strip. See Graphic A below definition of “STREETSCAPE ZONE.
   “PATIO HOME, CLUSTER HOME, OR ZERO LOT LINE.” A single-family dwelling designed and located as part of an approved complex where dwellings are placed at or near a lot line or otherwise arranged in clustered groups, so as to create minimum individual yard areas that are compensated with large, common open space areas for the use and enjoyment of all residents.
   “PCP (PERMANENT CONTROL POINT).” A secondary, horizontal-control monument as defined in F.S. § 177.031 (13).
   “PEDESTRIAN CLEAR ZONE.” The unencumbered paved, or sidewalk portion of the streetscape zone inside the right-of-way. The pedestrian clear zone may or may not be separated from the travel lane by a street furniture zone or parkway strip. See Graphic A below for definition of “STREETSCAPE ZONE.
   “PERMITTED USES.” See “USE”, (1)(e) “PERMITTED.
   “PERSONAL SERVICES.” Includes such uses as beauty salons, barber shops, reducing or slenderizing studios, or any similar uses where sales of merchandise is only incidental to the primary services provided.
   “PHARMACY.” A place where drugs and medicines are prepared and sold.
   “PLANNED UNIT DEVELOPMENT.” Land under unified control which:
      (1)   Meets the minimum requirements as stated therein, and
      (2)   Is planned and improved in a single development operation or in a programmed series of development phases according to an officially adopted master plan for the development and related program for the provision, operation, and maintenance of the area improvements.
   “PLANNING AND ZONING BOARD.” An official advisory body of the city, the functions and powers of which are described in § 154.25.
   “PLAT.” A map or delineated representation of the subdivision of lands, being a complete, exact representation of the subdivision and other information in compliance with the requirement of all applicable statutes and local regulations. May include the terms “replat” or “revised plat.” In whatever tense used, “to plat” shall mean to divide or subdivide land into lots, blocks, tracts, sites, streets, rights- of-way, easements, or other divisions, however designated.
   “PORTABLE STRUCTURE.” A structure that is designed to be moved or that can be readily disassembled for moving, including calf pens, farrowing pens, animal feed and shelter units, temporary silos, and the like.
   “PRELIMINARY MASTER PLAN.” The proposal for development of a planned unit development which shall include information as required by this chapter.
   “PRELIMINARY PLAN.” Those submittals required by and following the procedures of the city’s subdivision regulations, showing building lots and other information necessary for providing a general description of the subdivision of a parcel of land.
   “PRIVATE CLUB.” An incorporated or unincorporated association for civic, social, cultural, religious, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.
   “PRIVATE STREET.” See “STREET, PRIVATE.
   “PRM (PERMANENT REFERENCE MONUMENT.” A monument as defined in F.S. § 177.031 (15).
   “PROHIBITED VEHICLE.” Every device, in, upon, or by which any person or property is or may be transported or drawn upon a roadway, except devices used exclusively upon stationary rails or tracks as regulated by F.S. Chapter 316 as same may from time to time be amended, having a rated capacity of one ton or more including, but not limited to: farm tractors, road tractors, school buses, semitrailers, truck tractor-trailers having an overall length of more than 12 feet, and excluding emergency vehicles while in use in response to an official dispatch or request for assistance and excluding vehicles commonly referred to as pickup trucks or recreational vehicles.
   “PROJECT.” The particular structures and improvements proposed by the applicant on a particular land area, which are part of a common plan of development.
   “PROPERTY OWNER.” The person named in the Seminole County Tax Collector’s public records as the owner of real property or a legal representative.
   “PROJECT INITIATION.” All acts antecedent to actual construction activities including, but not limited to, land clearing, utility construction, and the like.
   “PUBLIC STREET.” See “STREET, PUBLIC.
   “PUBLIC UTILITY.” Any publicly or privately operated utility, such as, but not limited to, storm drainage, sanitary sewer, electric power, water service, gas service, or telephone lines, whether underground or overhead.
   “RECHARGE.” The inflow of water into a project, site aquifer, drainage basin, or facility.
   “RECREATIONAL VEHICLE.” An automobile trailer, camper, pickup camper, bus, or other vehicle with or without motive power, designed and constructed to travel on public thoroughfares without special permit in accordance with the provisions of the State Vehicle Code. For the purposes of this chapter, a “RECREATIONAL VEHICLE” shall not be considered a dwelling unit.
   “REDEVELOPMENT.” The reconstruction, remodeling, upgrading or repair of a structure associated with a conversion in use, structural alteration, relocation, enlargement or change of occupancy, per Chapter 154 of the City's Land Development Code. Redevelopment projects are required to meet all applicable standards of this chapter.
   “RENOVATION.” The reconstruction, remodeling, upgrading or repair of a structure without modification of structural design and not in conjunction with a change of use of the structure or land. Renovation projects are encouraged to meet the standards of this chapter but are not required to unless such renovation project can be defined as a redevelopment project.
   “RESERVOIR AREA.” An area not on the public right-of-way which is provided for the temporary use of vehicles waiting to enter or leave a vehicle-oriented service or an off-street parking facility.
   “RESTAURANT.” An establishment where food is ordered from a menu, prepared, and served for pay primarily for consumption on the premises and the semiannual average percentage of alcoholic beverage sales does not exceed 49%.
   “RE-SUBDIVISION.” A change in a map of an approved or recorded subdivision plat, if the change affects any street layout on the map, or area reserved thereon for public use, of any lot line, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
   “RETAINING WALL.” A wall designed to prevent the lateral displacement of soil or other material. For the purpose of § 154.20 of this chapter, tree wells are not considered to be retaining walls.
   “RETAIL ESTABLISHMENTS WITH INCIDENTAL ALCOHOLIC BEVERAGE SALES.” An establishment primarily devoted to the retail sale of goods, which also has on-site consumption of alcoholic beverages. The sale of alcoholic beverages for on-site consumption shall not exceed 15% of the gross revenue of other products and shall be reported per the methodology listed in the definition of “SEMIANNUAL AVERAGE PERCENTAGE OF ALCOHOLIC BEVERAGE SALES” in this section. Patrons may also consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the establishment, similar to a bottle club. Restaurants shall not be classified as “RETAIL ESTABLISHMENTS WITH INCIDENTAL ALCOHOLIC BEVERAGE SALES.” “RETAIL ESTABLISHMENTS WITH INCIDENTAL ALCOHOLIC BEVERAGE SALES” may not have a 4COP liquor license from the State of Florida.
   “RETAIL MANUFACTURING OUTLET STORE.” An ancillary and incidental retail operation to the principle manufacturing use. A retail manufacturing use. A “RETAIL MANUFACTURING OUTLET STORE” is specifically limited to the sale of products that are manufactured and warehoused on site. No products manufactured or distributed by any other business may be stored, displayed or sold at such an outlet store.
      (1)   The maximum area of the outlet store is limited to 10% of the total square footage of the manufacturing operation or 2,500 square feet, whichever is less.
      (2)   The store may be contained within the principle manufacturing building or detached from the principal manufacturing building. If the outlet store is detached it must be on the same property and owned by the same owner(s) as the principal manufacturing building.
      (3)   All applicable site plan regulations as codified in Chapter 156 shall apply to the approval of an outlet store.
      (4)   The hours of retail operation shall be coincident with the hours of manufacturing operation and/or limited to 9:00 a.m. to 9:00 p.m., Monday through Sunday.
      (5)   Signage shall be limited to wall signs only. Sign area shall be limited to a maximum of 32 square feet and shall be calculated as a portion of the maximum allowable sign area for the principal manufacturing use.
   “RIGHT-OF-WAY (ROW).” Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, public utility, drainage facility, access for ingress and egress, or other purpose by the public, certain designated individuals, or governing bodies.
   “ROADWAY.” The paved portion of a street available for vehicular traffic.
   “SCHOOLS.” For the purposes of § 154.13 , as defined in F.S. § 562.45, which may be amended from time to time.
   “SELF-SUPPORT TOWER.” A communication tower that is constructed without guy wires and ground anchors including lattice towers.
   “SEMIANNUAL AVERAGE PERCENTAGE OF ALCOHOLIC BEVERAGE SALES.” The following formula shall be applied:
          A    X 100 = C
          B
      (1)   A = the total of gross sales derived from alcoholic beverages for six consecutive months, or fraction thereof.
      (2)   B = The total gross sales.
      (3)   C = The semiannual average percentage of alcoholic beverage sales.
      (4)   The reporting periods shall be from January through June and from June through December, or fraction thereof. As provided in § 154.13, no later than July 15 and January 15, the business owner shall provide documentation of its revenues to the City of Lake Mary Community Development Department, per the above formula.
   “SERVICE DRIVE.” A public street, generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right-of-way, and providing safe and orderly points of access at fairly uniformly spaced intervals.
   “SERVICE STATIONS.” See “AUTOMOBILE SERVICE STATION.
   “SETBACK.” A minimum open space distance expressed in feet, which must be maintained to provide separation between a front, side, or rear lot line and the base building foundation line, where no building, structure, or portion thereof shall be permitted, erected, constructed, or placed unless specifically permitted by this chapter.
   “SEWAGE DISPOSAL SYSTEM, INDIVIDUAL.” A septic tank or any other sewage treatment device approved by the County Health Department in accordance with the regulations of the state, and servicing only one lot.
   “SHOPPING CENTER.” A group of retail stores, planned and developed for the site upon which they are built, with off-street parking provided on the property.
   “SIDEWALK.” That concrete portion of a right-of-way intended for pedestrian use.
   “SIGHT DISTANCE TRIANGLE.” The triangular clip required on any intersection corner to permit a vehicle operator an unobstructed view of the crossing roadway for a minimum sight distance in either direction along the crossing roadway.
   “SITE.” Property suitable for a specific use under this chapter.
   “SITE PLAN.” An illustration of the details of the development of areas, such as, but not limited to, commercial, industrial, recreational, and multiple- family residential uses.
   “SMALL WIRELESS FACILITY.” A wireless communication facility that meets the following qualifications:
      (1)   Each antenna associated with the facility is located inside an enclosure of no more than six cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six cubic feet in volume: and
      (2)   All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures.
   “SOIL POTENTIAL, LOW.” Serious soil limitations exist that are difficult to overcome and the practices necessary to overcome the limitations are relatively costly compared to those required for soils with higher potential; necessary practices may involve environmental values and considerations; performance for the intended use is poor or unreliable.
   “SOIL POTENTIAL, VERY LOW.” Very serious soil limitations exist that are most difficult to overcome; initial cost of the practices and maintenance cost are very high compared to those for soils with high potential; environmental values are usually depreciated; performance for the intended use is inadequate or below acceptable standards.
   “SPECIAL RESTRICTION.” Those restrictions placed on any permitted or conditional land use within a particular zoning classification.
   “STABLE, PRIVATE.” A stable with a capacity of not more than one horse for each 7,000 square feet of lot area whereon the stable is located, and where the horses are owned by the owners or occupants of the premises and are not kept for remuneration, hire, or sale.
   “STORY.” That part of a building contained between any floor and the floor or roof next above.
   “STREET.” A public or approved private thoroughfare which affords the principal means of access to abutting property. Includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of ingress or egress, regardless of the descriptive term used. Driveways and alleys are not considered streets.
   “STREET FURNITURE ZONE.” The paved portion of the streetscape zone typically located between the back of curb and the sidewalk. The street furniture zone typically includes street light poles and lights, utility poles, regulatory signage, traffic signal equipment and street trees. In some cases, a streetscape zone may not have a furniture zone. See Graphic A below for definition of “STREETSCAPE ZONE.
   "STREET, PRIVATE." A privately-owned vehicular access easement to property owners within a planned unit development, cluster development, apartment and condominium project, or townhouse project. Private streets shall be platted in an ingress or egress easement, but need not be dedicated to the general public; they shall not be accepted by or improved or maintained by the city until such time as the city may elect to accept the streets as public streets. The term "private street" shall include the term "approved private street."
   "STREET, PUBLIC." A vehicular right-of-way that has been dedicated to and accepted by the city for maintenance.
   "STREETSCAPE ZONE." The portion of a street between the back of curb and the adjacent property lines, consisting of a sidewalk and a parkway strip or a street furniture zone. See Graphic A below.
 
   "STRUCTURE." Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground; including but not limited to, buildings, towers, storage tanks, walls, billboards, and the like, but not including cement slabs at ground level or less than six inches above ground level. The word "STRUCTURE" includes the word "BUILDING", as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground.
   "STRUCTURE, TEMPORARY." Any structure to serve a use temporarily, such as a field or sales office, contractor's office, or trailer sign.
   "SUBDIVISION." The division of a parcel of land into two or more lots or parcels of land for the purpose, whether immediate or future, of the transfer of ownership, and includes all cases where the subdivider advocates, proposes, suggests, or exhibits a proposed plan, map, or plat of development of land. The word "SUBDIVISION" includes re-subdivision, and, when appropriate to the context, shall mean the process of subdivision or the land subdivided. Whenever a final plat and site plan has been approved by the City Commission, and the plat and site plan reflects the location of multiplex structures with proposed lot divisions which may be utilized by the developer to convey a fee simple title to each individual and separate unit of the multiplex structure, the subsequent conveyance of title to any such separate unit including the underlying land shall not constitute a subdivision or re-subdivision.
   "SURVEY DATA." All information shown on the face of a plat that would delineate the physical boundaries of the subdivision and any parts thereof.
   "SWIMMING POOL." Any confined body of water, located either above or below the existing finished grade of the site, exceeding 150 square feet in surface area and two feet in depth, designed, used, or intended to be used for swimming or bathing purposes. Swimming pools located at finished grade shall not be considered as lot coverage unless totally enclosed by a semi-opaque or opaque obstruction. All swimming pools must adhere to the regulations of Chapter 155, Appendix G.
   "TOWNHOUSE." A single-family dwelling unit constructed as a part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls or are located immediately adjacent there to with no visible separation between walls or roofs. The term “TOWNHOUSE” shall include the term “ROWHOUSE.” A townhouse unit and the lot on which it is located may be individually owned. Each “TOWNHOUSE” unit shall be constructed on a separate platted lot; provided, however, that the roof lines may overhang onto adjacent lots or common areas with the approval of the Zoning Administrator. Each “TOWNHOUSE” unit shall be serviced with separate utilities and other facilities and shall otherwise be independent of one another, except where approved by the Zoning Administrator.
   “TRANSFER OF DEVELOPMENT RIGHTS (TDR).” A program offered by the City of Lake Mary that allows for the purchase of development rights (dwelling units) from city-owned properties located within the downtown. The purchased dwelling units may be utilized on property having DDD (Downtown Development District) land use and DC (Downtown Centre) or PUD (Planned Unit Development) zoning. The resultant density of the residential development (the total number of dwelling divided by the acreage of the subject property) may exceed the maximum density permitted in the DDD land use designation. Maximum density is determined by the City Commission on a case-by-case basis.
   “TRANSFER OF DEVELOPMENT RIGHTS RECEIVING SITE.” The property within the downtown where the proposed TDR dwelling units are to be developed.
   “TRANSFER OF DEVELOPMENT RIGHTS SENDING SITE.” The city owned property from which the TDR dwelling units are taken.
   "TRUCK STOP." An establishment where the principal use is primarily the refueling and servicing of trucks and tractor-trailer rigs. These establishments may have restaurants or snack bars and sleeping accommodations for the drivers of over-the-road equipment, and may provide facilities for the repair and maintenance of such equipment.
   "USE."
      (1)   The purpose for which land, water, or a structure thereon is designated, arranged, or intended to be occupied or utilized, or for which it is occupied or maintained.
         (a)   "USES AND STRUCTURES ACCESSORY." A use or structure that is incidental, related, appropriate, and clearly subordinate to the main use of the lot or building and unless otherwise provided, on the same premises. The accessory use shall not alter the principal use of the subject lot or significantly affect other properties in the district. An accessory use or structure may include such uses or structures as an implement shed, barbeque pit, garden or ornamental landscape structure, garden/green house, gazebo, play structure, remote TV receiver, satellite dish, antenna, a structure used for human habitation, commerce, and for the parking of motor vehicles.
         (b)   "USE, CONDITIONAL." A use, either public or private, which because of its unique characteristics cannot be permitted by right within a district, but which is allowed subject to certain conditions enumerated in §§ 154.70 through 154.73.
         (c)   "USE, INCOMPATIBLE." Uses which differ to such an extent in character and intensity that major conflicts arise between them in terms of traffic generation, noise, and aesthetics.
         (d)   "USE, NONCONFORMING." Any use of a building or structure, any use of land or water, any lot, site development, or improvement which lawfully existed prior to the enactment of the zoning regulations, but which now fails to conform to all applicable provisions of the zoning regulations.
         (e)   "USE, PERMITTED." A use which may be established by right in a particular district, provided that it conforms to all of the requirements and regulations of that district.
      (2)   The words "USED" or "OCCUPIED" include the words "INTENDED," "DESIGNED," or "ARRANGED TO BE USED OR OCCUPIED."
   “UTILITY POLE.” A pole or other similar structure that is used in whole or in part to provide communication services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control device are attached and does not include a pole or similar structure 15 feet in height or less unless the citv grants a waiver for the pole. The term does not include a “UTILITY POLE” owned bv the citv. This definition does not include electric transmission poles. For purposes of these regulations, “UTILITY POLES” shall be classified as the following types:
      (1)   “EXISTING UTILITY POLE.” A “UTILITY POLE” within the rights-of-wav that exists at the time an application to place attachments on that “UTILITY POLE,” such as a communications facility, is filed with the city.
      (2)   “NEW UTILITY POLE.” A “UTILITY POLE” that does not exist within the rights-of-wav at the time an application to place a communications facility on that “UTILITY POLE” is filed with the citv, is proposed to be installed to support the proposed communications facility, and is not a replacement “UTILITY POLE.”
      (3)   “REPLACEMENT UTILITY POLE.” An existing “UTILITY POLE” that has been renovated, reconfigured, or replaced with a similar structure so as to continue serving its primary existing purpose while also supporting the attachment of communications facilities that is approximately in the same location and serving the same function as the existing structure and in such a manner that does not result in a net increase in the number of “UTILITY POLES” located within the public rights-of-wav, does not interfere with pedestrian or vehicular access and complies with applicable codes. The “REPLACEMENT UTILITY POLE” remains the property of the owner of the existing structure prior to the repurposing, unless ownership otherwise lawfully changes.
   "VARIANCE, SUBDIVISION, SITE PLANS, AND APPENDICES TO THE LAND DEVELOPMENT CODE." As used in Chapters 155 and 156 and all appendices thereto, a variance is a modification of the required terms of those chapters and appendices where the variance will not be contrary to the public interest and where, owing to the conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship; or where the variance will allow for the construction of improvements in conformity with the intent of the subdivision regulations while providing improved design standards within the subdivision.
   "VARIANCE, ZONING." As used in connection with provisions dealing with zoning, a variance is a modification of the terms of the zoning regulations where variance will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. As used in this chapter a zoning variance is authorized only for height, area, and size of structure, or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or classification, or adjoining zoning districts or classifications.
   "VETERINARY HOSPITAL." Any structure or premises used primarily and essentially for the medical and surgical care of ill, disabled, or injured animals other than humans. Kennels shall be allowed only as an accessory use and only in soundproof structures.
   "VOLUME." Occupied space measured in cubic units.
   "WATER QUALITY." The characteristics of water as set forth in Chapter 17-3, Florida Administrative Code, together with physical, chemical, and biological characteristics of water that affect the propagation of fish, wildlife, aquatic plants, and animals.
   "WATER RETENTION STRUCTURE." A facility which provides for storage of storm water runoff.
   "WATER RETENTION STRUCTURE, WATER MANAGEMENT STRUCTURE." A facility which provides for storage of storm water runoff and the controlled release of runoff during and after a flood or storm.
   "WATERS." Shall include, but not be limited to, rivers, lakes, streams, springs, impoundments, and all other waters or bodies of water, whether surface or subsurface, and whether navigable or non-navigable. The term shall encompass all bottom lands lying below the mean-high-water mark, whether those bottom lands are submerged or not.
   "WATER SUPPLY, INDIVIDUAL." A water source, distribution system, and other appurtenances supplying only one lot.
   "WATER SYSTEM." Any plant, wells, pipes, tanks, reservoirs, system, facility, or property used, useful, or having the present capacity for future use in connection with the obtaining and supplying of water for human consumption, fire protection, irrigation, consumption by business, or consumption by industry; and, without limiting the generality of the foregoing definition, shall embrace all necessary appurtenances and equipment, and shall include all property, rights, easements, and franchises relating to any such system and deemed necessary or convenient for the operation thereof.
   "WETLANDS." Swamps and wet woodlands, characterized by specific vegetational types and plant communities, whether flooded at all times, flooded only seasonably, or having a water table within six inches of the ground surface for at least three months of the year.
   “WIRELESS COMMUNICATION FACILITY.” Any equipment or facility used for the transmission or reception of wireless communications. This term includes but is not limited to wireless support structures, antennas, cabling, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small cell networks). For purposes of this definition, the term shall not include communication towers.
   “WIRELESS SUPPORT STRUCTURE.” A freestanding structure, such as a mononole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless communication facilities. The term does not include a utility pole, pedestal, or other support structure for ground-based equipment not mounted on a utility pole and less than five feet in height.
   "YARD." Required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; however, fences, walls, hedges, poles, posts, children's play equipment, and other customary yard accessories, ornaments, statuary, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstructions to visibility.
      (1)   "FRONT." A yard extended between side lot lines across the front of a lot adjoining a street. Depth of a required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. (See also "LOT FRONTAGE.")
      (2)   "REAR." A yard extending across the rear of the lot between inner side yard lines. In the case of through lots, there will be no rear yards, only front and side yards.
      (3)   “SIDE.” A yard extending from the interior (rear) line of the required front yard to the rear lot line; or, in the case of corner or through lots, the yards remaining after front yards have been established.
   “100 PERCENT CLEAR ZONE.” The requirement that in the event of a tower failure, the entire height of the tower would fall completely within the boundaries of the property on which it is located.
(Ord. 241, passed 11-27-85; Am. Ord. 343, passed 12-3-87; Am. Ord. 345, passed 12-3-87; Am. Ord. 361, passed 3-17-88; Am. Ord. 364, passed 4-7-88; Am. Ord. 369, passed 5-5-88; Am. Ord. 447, passed 8-3-89; Am. Ord. 484, passed 1-18-90; Am. Ord. 503, passed 5-17-90; Am. Ord. 542, passed 4-18-91; Am. Ord. 583, passed 1-16-92; Am. Ord. 594, passed 3-5-92; Am. Ord. 718, passed 10-6-94; Am. Ord. 762, passed 8-24-95; Am. Ord. 783, passed 3-21-96; Am. Ord. 802, passed 9-5-96; Am. Ord. 817, passed 2- 6-97; Am. Ord. 829, passed 3-6-97; Am. Ord. 836, passed 4-3-97; Am. Ord. 864, passed 12-18- 97; Am. Ord. 869, passed 2-19-98; Am. Ord. 874, passed 3-19-98; Am. Ord. 940, passed 8-26-99; Am. Ord. 1120, passed 3-4-04; Am. Ord. 1147, passed 10-7-04; Am. Ord. 1297, passed 8-21-08; Am. Ord. 1341, passed 1-21-10; Am. Ord. 1458, passed 4-5-12; Am. Ord. 1475, passed 12-20-12; Am. Ord. 1488, passed 7-18-13; Am. Ord. 1499, passed 12-5-13; Am. Ord. 1501, passed 12-19-13; Am. Ord. 1505, passed 5-1-14; Am. Ord. 1567, passed 6-15-17; Am. Ord. 1611, passed 9-19-19; Am. Ord. 1616, passed 11-21-19; Am. Ord. 1618, passed 3-5-20; Am. Ord. 1625, passed 8-20-20)