For the purpose of this code, the following definitions will apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A permanent building or structure, subordinate to and located on the same lot with a principal building, the use of which is clearly incidental to that of the principal building and which is not attached by any part of a common wall or common roof to the principal building.
ACCESSORY USE. A use that is customarily incidental and subordinate to a principal use.
ADDITION (to an existing building). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.
ALCOHOLIC BEVERAGE. The term as defined by Florida Statutes.
ALLEY. Any public or private right-of-way set aside for secondary public travel and servicing.
APARTMENT. See DWELLING, MULTIPLE-FAMILY.
APPEAL. A request for a review of the town's interpretation of any provision of this article.
APPLICANT. Any person having an ownership, whether legal or equitable, in a parcel of land in the Town or said person's attorney-in-fact, who applies for a Development Order.
AQUIFER. A subsurface rock layer that contains water and releases it in appreciable amounts. Aquifers are important reservoirs storing large amounts of water relatively free from evaporation loss or pollution. An aquifer may be porous rock, unconsolidated gravel, fractured rock or cavernous limestone.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
ASSURED CONSTRUCTION. Construction improvements to a public facility scheduled to be made to a major thoroughfare link or other roadway, wastewater treatment facility, potable water supply facility, stormwater management system, parks and recreation system or solid waste disposal facility or construction or obtaining one of the foregoing by one or more of the following means:
(1) For parks and recreation systems, stormwater management systems, drainage retention system or major thoroughfare link or other roadway improvements or for solid waste disposal facilities, wastewater treatment facilities or potable water supply facilities, all in relation to a non-final Development Order, inclusion in the adopted five-year schedule of capital improvements in the Capital Improvements Element of a local government or in the State's Five-Year Schedule of Capital Improvements, of a funded improvement; provided, that, the aforementioned schedule is realistic, financially feasible, is based on currently available revenue sources and contains estimated project completion dates for the affected public facility;
(2) For wastewater treatment facilities, solid waste disposal facilities, potable water supply facilities, stormwater management systems and drainage retention systems, if the Development Permit is a Final Development Order, construction of the facility must be complete, and the facility must be operable and able to supply all capacity needed for a particular proposed project or phase thereof, all prior to issuance of a Certificate of Occupancy for structures within the proposed project or phase thereof;
(3) For parks and recreation, if the Development Permit is a Final Development Order, the necessary facilities and services must be available within one year of the issuance of the applicable Development Permit;
(4) For roads, if the Development Permit is a Final Development Order, the necessary facilities and services must be included in the Capital Improvements Element and a financially feasible five-year schedule of capital improvements of a local government. The Capital Improvements Element and schedule of capital improvements may recognize and include transportation projects included in the first three years of the applicable adopted Florida Department of Transportation five-year work program. Further, the five-year schedule of capital improvements of either the state or the local government must demonstrate that the actual construction of the roads, facilities and provision of services are scheduled to commence in or before the third year of the five-year schedule of capital improvements. For any programmed construction to be considered to be assured construction pursuant hereto, the necessary right-of-way or property needed for the public facility and service must have been obtained prior to the issuance of the Development Order, and at a minimum, subject to: a binding contract for purchase, currently filed and pending condemnation lawsuit, or binding, uncontested agreement or condition of Development approval. If the assured construction (other than for wastewater treatment, Solid Waste, or potable water) which was relied upon for the issuance of a Development Order, pursuant to § 3A-6(a), was included in the five-year capital improvements program of a local government or the state and the amount of construction or timing of the construction is subsequently deleted from the five-year capital improvements program, Final Development Orders for a proposed project or phase thereof, which proposed project or phase was conditioned on that particular construction may be granted, notwithstanding the original phasing schedule for the deleted construction, as though the construction was completed in accordance with the five-year capital improvements program upon which the Development Order was based; provided further, that the necessary right-of-way or property has been acquired. For purposes of this paragraph, “deletion” shall mean the elimination of the construction program, the material reduction in the scope of construction work or funding thereof (as it affects the construction program), the postponement of the construction project in the five-year capital improvements program for more than one year beyond the year the construction was originally programmed and funded in the five-year capital improvements program, the failure to let a construction contract, or the removal of or failure to continue funding of the construction program; but shall not include construction delays, design delays, contracting delays or similar delays.
AUTOMOTIVE REPAIR FACILITIES. All mechanical and engine overhaul or repair, bodywork and painting of motor vehicles.
AUTOMOTIVE VEHICLE. See MOTOR VEHICLE.
AVAILABLE CAPACITY. The capacity of a facility available for use by the demand from new development. Available capacity is equal to the existing (or programmed) capacity minus the existing demand minus the committed demand.
AVERAGE DAILY TRAFFIC. The total traffic volume during a given time period (more than a day and less than a year) divided by the number of days in that time period. This volume is NOT adjusted for seasonal variations in traffic.
BACKGROUND TRAFFIC. The expected increase from overall growth that includes traffic from other developments, both existing and approved, but not yet completed.
BAR/LOUNGE. An establishment dispensing alcoholic beverages for on-site consumption.
BARRIER. A wall, fence or hedge that limits the movement of people across a boundary.
BARRIER ISLAND. A long, narrow sand island that is parallel to the mainland and serves to protect the mainland coast from erosion. Barrier islands typically have dunes along the exposed outer side, zones of vegetation in the interior and swampy areas along the inner lagoon. Also, see COASTAL BARRIER ISLAND.
BASE FLOOD. A flood having a 1% chance of being equalled or exceeded in any given year.
BASEMENT. That portion of a building having its floor subgrade (below ground level) on the front, rear and sides.
BEACH. The zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form or to the line of permanent vegetation. BEACH is alternatively termed SHORE.
BED AND BREAKFAST INNS. A use: (i) consisting of a building(s) designed and used as a single-family or a multi- family, either attached or detached dwelling(s); (ii) consisting of a single-family or multi-family dwelling unit(s) together with the rental of one or more, but not to exceed 12 sleeping rooms or suites on a short-term basis of less than 15 days, usually by the night to tourists, vacationers, or similar transients; (iii) where the provision of meals, if provided at all, is limited to the breakfast meal for overnight guests; and (iv) where the bed and breakfast operation is conducted by an owner or operator of the bed and breakfast inn who physically resides on the premises. A BED AND BREAKFAST is not a rooming house, motel, hotel, or a permanent dwelling, except for the owner or operator of the bed
and breakfast inn and the owner or operator’s immediate family. Further, a
BED AND BREAKFAST is not a resort condominium or timeshare meaning any unit or group of units in a condominium, cooperative, or timeshare plan which is designed or used for transient occupancy.
BEST MANAGEMENT PRACTICE. A practice or combination of practices that are the most effective, practical means of preventing or reducing the amount of pollution generated by the project to a level compatible with Florida water quality standards found in Chapter 17-3, Florida Administrative Code, (FAC) or in the case of an Outstanding Florida Waters, those standards prescribed in Chapter 17-4, FAC.
BILLBOARD SIGN. Any sign advertising a product or service, including entertainment or candidacy, which product or service is not available for sale or performance at the place where the sign is located.
BLUFF LINE. An ambulatory line which shifts with shore line changes signifying the edge of a marine cliff or bluff, or a steep bank located beside a river, ravine, plain or ocean, or the broad, steep face of a bank or headland.
BREEZEWAY. An open passageway for movement of air, creating visual access. The Atlantic Ocean is the eastern boundary of the breezeway and the first north/south public right- of-way westward of the Atlantic Ocean is the western boundary of the breezeway.
BUFFER, OPEN SPACE. A specified setback between land uses that contains no buildings or signage; a physical dimension intended to reduce the impact of a more intense use on a less intense use.
BUFFER, VEGETATIVE. A permanent strip of perennial native vegetation (or vegetation with low water demands) of a specified width, established and maintained in accordance with an approved landscape plan to minimize the risk of pollutants reaching surface waters, to treat stormwater, and/or to provide a protective transition between land uses and reduce the impact of a more intense use on a less intense use.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING HEIGHTS. See HEIGHT OF BUILDING.
BUILDING OFFICIAL. The official designated by the Town Manager and charged with the administration, interpretation, and enforcement of concurrency, building, flood control, coastal construction, coastal setback regulation, landscaping and trees, and environmentally sensitive lands, all as set forth in this Land Development Code.
BUILDING PERMIT. Per Florida Building Code, a BUILDING PERMIT shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public an private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities.
BUILDOUT PERIOD. The time between the issuance of a Development Order and completion of a proposed project.
BUSINESS ESTABLISHMENT. An establishment (a factory or an assembly plant or retail store or warehouse, etc.) where business is conducted, goods are made or stored or processed or where services are rendered.
BUSINESS STRUCTURE. Any freestanding commercial building which may contain any number of business establishments having a common roof or facade.
CAPTURED TRIPS. A reduction of trips, as a percentage, to account for the “capture” of vehicles that will travel from one use to another without leaving the site and utilizing the roadway system, typically as part of a mixed-use system.
CHANGE OF USE shall mean a change from the use existing to any other use.
CHIMNEY. Structure for venting gas or smoke. A hollow vertical structure, usually made of brick or steel, that allows gas, smoke, or steam from a fire or furnace to escape into the atmosphere.
CLEARING. The removal of vegetation from the land. CLEARING shall not include mowing of grass.
CLINIC. An establishment where human patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
COASTAL BARRIER ISLANDS. The geological features which are completely surrounded by marine
waters that front upon the open waters of the Atlantic Ocean and are composed of quartz sands, clays, limestone, oolites, rock, coral, coquina, sediment or other material, including spoil disposal, which features lie above the line of mean high water.
COASTAL BUILDING ZONE. A zone that includes the entire Town.
COASTAL CONSTRUCTION CONTROL LINE (CCCL). The 1986 Florida Department of Environmental Protection, Coastal Construction Control Line, as established under the Florida Statutes. The State of Florida has established Coastal Construction Control Lines (CCCL) on a county-by- county basis to define that portion of the beach-dune system which is subject to severe fluctuations following major storm events. The purpose of the CCCL is to preserve and protect coastal barrier dunes and adjacent beaches from imprudent construction which can jeopardize the stability of the beach-dune system, accelerate erosion, and provide inadequate protection for upland structures.
COASTAL or SHORE PROTECTION STRUCTURE. Shore hardening structures, such as seawalls, bulkheads, revetments, rubble mound structures, groins, breakwaters and aggregates of materials other than beach sand used for shoreline protection, beach and dune restoration and other structures which are intended to prevent erosion or protect other structures from wave and hydrodynamic forces.
CODE ENFORCEMENT BOARD. A Board appointed by the Town Commission to enforce this Code and other Town ordinances.
COMMERCIAL STRUCTURE. A structure or building construction which exclusively supports any activity involving the sale or rental of goods or services involving money transactions or barter.
CONCURRENCY. The necessary public facilities and services, to maintain the adopted level of service (LOS) standards, that are available when the impacts of development occur.
CONDOMINIUM. A dwelling unit in a multi-family structure which is in compliance with the Florida Condominium Law.
CONSISTENT. Development that complies with land use categories, densities or intensities, and furthers the goals, objectives and policies in the Comprehensive Plan and meets all other applicable criteria established by the local government.
CONSTRUCTION. Erection, alteration or an extension of a structure.
CONVENIENCE STORE. A retail establishment of up to 5,000 square feet selling primarily food products, household items, newspaper and magazines, candy and beverages, and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption.
COURTESY NOTICE. A notice, that is not required by law, informing owners within 500 feet of a particular property that a public hearing will be held to consider action by a Board, Commission, or the Town Commission that may result in development activity on that property. The Town's failure to mail or the fact that the intended recipient shall not receive a courtesy notice shall in no way invalidate any action taken by the Town or its Boards and Commissions.
CUPOLA. A dome, especially a small dome on a circular or polygonal base crowning a roof.
DeMINIMUS. A discrepancy so small or minimal in difference that it is inconsequential.
DEVELOPED. That point in time when the building and site have received final inspections for occupancy or use by the Building Official.
DEVELOPMENT. The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels. This term does not include the use of land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, or the raising of livestock; or for other agricultural purposes.
(1) The following activities or uses shall be taken for the purposes of this chapter to involve “development,” as defined in this section:
(a) A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.
(b) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.
(c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction".
(d) Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.
(e) Demolition of a structure.
(f) Clearing of land as an adjunct of construction.
(g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
(2) The following operations or uses shall not be taken for the purpose of this chapter to involve “development” as defined in this section:
(a) Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.
(b) Work by any utility and other persons engaged in the distribution or transmission of gas, electricity, or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners.
(c) Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.
(d) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.
(e) The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.
(f) A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.
(g) A change in the ownership or form of ownership of any parcel or structure.
(h) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.
(3) “Development,” as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, “development” refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development.
DEVELOPMENT ORDER. Any order, or official action of local government, granting, denying, or granting with conditions, or any other official action of the local government having the effect of permitting the development of land.
DEVELOPMENT PERMIT. A building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, conditional use or any other official action of local government having the effect of permitting the development of land.
DIRECTLY ACCESSED. When a development has ingress and egress points intersecting with a street or roadway immediately abutting it by means of driveways and intersections.
DIRECT DISCHARGE (STORMWATER). Discharge of stormwater through a control structure to the receiving water body without intervening treatment of the stormwater.
DISCHARGE. The outflow of water from a project, site, aquifer, drainage basin or facility.
DISCHARGE POINT. The point, location or structure at which stormwater runoff discharges from a storm sewer or stormwater management system to a receiving conveyance facility or body of water.
DISCHARGE RATE. The volume of fluid per unit time leaving a site.
DISCHARGE STRUCTURE. A structural device through or over which water is discharged from a stormwater management system.
DISTRICT. A zone within the Town, so designated on the official zoning map.
DRAINAGE. The removal or conveyance of water from an area.
DRIVE-IN, DRIVE-UP, OR DRIVE-THROUGH. Any use which by design, physical facilities, service or procedure encourages or permits customers, consumers, or other persons, to receive services, obtain goods, food, money, or information, or be entertained, while remaining in their motor vehicles. This term includes “drive-in”, “drive-up”, and “drive-through” or similar types of facilities.
DUNE. A mound or ridge of loose sediments, usually sand-sized, lying landward of the beach, and deposited by natural or artificial means.
DURATION. The period of time from beginning of a rainfall event to the end of a rainfall event.
DWELLING, MULTIPLE-FAMILY. A residential building that includes three or more dwelling units on a single parcel of land.
DWELLING, SINGLE-FAMILY. One residential dwelling unit on a single parcel of land.
DWELLING, TWO-FAMILY. A detached residential building containing two dwelling units, designed for occupancy by not more than two families. Duplexes are so classed.
DWELLING UNIT or LIVING UNIT. One (1) or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit.
EFFECTIVE DATE. Date on which something takes effect; such as when a policy is adopted (e.g., an ordinance), or when an agreement is signed (e.g., a building permit), or a specific date certain is provided that something (e.g., a law) will take effect.
ELEVATED BUILDING. A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.
ENHANCE. To improve, to make better in value, function, desirability or attractiveness.
EROSION. The wearing away of land or the removal of beach or dune material by wind or wave action, tidal current, littoral currents or deflation, including horizontal recession or scour, which occurs when the topography of the beach-dune, lagoon or canal system is completely inundated by a storm surge and wave and current forces erode the beach-dune, lagoon, or canal profile in a vertical direction.
ESTABLISH. To institute permanently by enactment or agreement, bring into existence, bring about.
EVENT (STORM). The specific storm which is, or is to be, considered in the design of a stormwater management system.
EXISTING. The condition of a site or building that exists immediately prior to a proposed action.
EXISTING GRADE. The elevation of the surface of the ground established by natural causes that have become consolidated with the native soil.
FAMILY. A fundamental social group in society typically consisting of one or two parents and their children; and/or two or more people who share goals and values, have long-term commitments to one another, and usually reside in the same dwelling unit.
FENCE. A manmade structure designed to restrict or prevent movement across a boundary.
FILL. Soil, consolidated or unconsolidated material, deposited on land and/or in water.
FINAL DEVELOPMENT ORDER. A minor subdivision plat approval, a final plat approval, a limited partition approval, final site plan approval, environmental permit, building permit, Development Agreement, or any other Development Order which approves the development of land for a particular use or uses at a specified intensity of use and which allows commencement of construction or physical development activity on the land for which the Development Order is issued.
FINANCIAL INSTITUTION. An establishment that focuses on dealing with financial transactions, such as investments, loans and deposits. Conventionally, financial institutions are composed of organizations such as banks, trust companies, insurance companies and investment dealers, including real estate brokerage firms.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community published by Federal Emergency Management Agency (FEMA) that delineates the approximate boundary of the floodplain. An FHBM is generally the initial map provided to a community and is eventually superseded by a Flood Insurance Rate Map (FIRM).
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the flood hazard boundary- floodway map and the water surface elevation of the base flood.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOOR (STORY). The top surface of an enclosed area in a building (including basement), for example, top of slab in concrete slab construction or top of wood flooring in wood frame construction. FLOOR does not include the floor of a garage used solely for parking vehicles.
FLOOR AREA. The horizontal areas of the floors of a building measured from exterior faces of exterior walls or from the center lines of walls separating two attached buildings, excluding carports, porches, etc.
FLOOR AREA, GROSS. See GROSS FLOOR AREA.
FLOOR AREA RATIO. The gross floor area of the building(s) on any lot divided by the area of the lot.
FOOD TRUCK. A vehicle (including trailers) operated by a mobile food vendor to prepare and sell food at multiple locations, typically operating at one location for more than 30 minutes.
FRONT BUILDING LINE. A line extending from side lot line to side lot line and commencing at the frontmost portion of the lot's principal structure, not necessarily coinciding with the front yard setback. On a regular- shaped lot, the FRONT BUILDING LINE is typically the same as the front yard setback line; whereas an irregular-shaped lot requires a greater setback than the minimum in order to meet the lot width requirement.
FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processingfacilities. FUNCTIONALLY DEPENDENT FACILITY does not include long-term storage, manufacture, sales or service facilities.
GOAL. A generalized statement of a desired end-state toward which objectives and policies are directed.
GROSS FLOOR AREA. The sum of all Floor Areas of a building, including finished attics, finished basements and all covered areas, including porches, sheds, carports and garages.
GROW HOUSE. A grow house is a property, usually located in a residential neighborhood, that is primarily used for the production of marijuana but may also be used as a dwelling. The houses are typically outfitted with extensive hydroponic equipment to provide water, food, and light to the marijuana plants, and the houses themselves are usually kept in good condition to blend in with the neighborhood. Illegal electrical hookups are a common feature of grow houses, to both save money and to make it harder for authorities to identify them due to their unusually high electrical usage.
HEDGE. A row of closely planted shrubs or low-growing trees forming a boundary that is substantially opaque in that it operates to block light emissions or abutting property.
HEIGHT OF BUILDING. The distance measured from the highest of the minimum land elevations or structural member elevations, for construction, that are required by federal, state, or local government regulations based on flood protection, proximity to the coast, or other standards required to protect the health, safety, and welfare, to the highest point of the roof or building facade, whichever is higher, excluding attachments, and architectural features, that are specifically allowed by the Land Development Code.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure, or of a fence.
HISTORICAL TRAFFIC GROWTH MAP. A map or maps prepared by the Town Manager, showing the preceding three years' increase or decrease in average annual daily traffic on various state, county and Town arterial and collector links, based upon traffic counts and which provide the information to be used in projecting the background traffic during the buildout period of the proposed project.
HOME OCCUPATION. Any activity carried out for gain by a resident and conducted in the resident’s dwelling unit. (See § 7A-62
Home Occupations for requirements.)
HOTEL. A commercial establishment providing lodging, meals, and other guest services. In general, to be called a HOTEL, an establishment must have a minimum of 13 letting bedrooms, which must have attached (en suite) private bathroom facilities.
IMPERVIOUS SURFACE. A surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes most conventionally surfaced streets, roofs, sidewalks, parking lots, wet pond surface areas at normal or control elevation and other similar non-porous surfaces, including area covered by all primary and accessory structures (excluding utility sheds) and swimming pools.
INTENSITY. A measurement of the amount of development either allowed or existing on a property typically expressed as density (units per acre) for residential uses and floor area ration (FAR) for non-residential uses.
ITE. The Institute of Transportation Engineers.
KITCHEN or KITCHEN FACILITY. A room or area within a room whose primary purpose is to store, prepare and cook food. A KITCHEN will have a refrigerator to store food, counter space and a sink to prepare food, and a stove and/or range to cook food. An outdoor or external barbeque area with no stove or range shall not constitute a KITCHEN or KITCHEN FACILITY.
LAND. The earth that lies above mean high water mark for land subject to tidal inundation and ordinary high water line for land adjacent to freshwater bodies.
LAND DEVELOPMENT REGULATION. A ordinance regulating any aspect of development, including any Town zoning, rezoning, subdivision, building construction, site planning, sign regulation, landscaping or other regulations controlling the development of land.
LANDWARD. In a direction away from the Atlantic Ocean.
LEVEL OF SERVICE. An indicator of the extent or degree of service provided by, or proposed to be provided by, a public facility based on and related to the operational characteristics of the public facility.
LINK. The portion of a major thoroughfare between two major intersections or between a major intersection and the end of the thoroughfare, or between a major intersection or end of the thoroughfare and the Town limits.
LIVING AREA. The minimum floor area of a dwelling as measured by its outside dimensions exclusive of carports, porches, sheds and attached garages.
LIVING QUARTER. See DWELLING UNIT.
LIVING UNIT. See DWELLING UNIT.
LOCAL ROAD. A residential street providing service which is of relatively low average traffic volume, short average trip length or minimal through-traffic movements, and high land access for abutting property.
LOT. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, uses, developed, or built upon.
LOT, CORNER. A lot or parcel abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees.
LOT COVERAGE. That portion of any lot, parcel or tract of land which is covered by the principal structure.
LOT DIMENSIONS.
(1) LOT DEPTH. The depth or length of the lot, and measured in feet by connecting the midpoint of the front (frontage) and rear lot lines. For lots where the front and rear lot lines are not parallel, the lot depth shall be measured by drawing several evenly separated lines from the front to rear lot lines, at right angles to the front lot line, and averaging the length of these lines.
(2) LOT WIDTH. That horizontal distance between the side lot lines of a lot, measured at right angles to its depth along a straight line parallel to the front lot line (frontage) at the minimum required building setback line.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The boundary lines of a lot.
LOT OF RECORD. A lot whose existence, location and dimension have been legally recorded or registered in a deed or on a plat prior to September 26, 1972.
MAINTAIN. To keep in an existing state; to support or provide for; bear the expense of.
MAINTENANCE. The action taken to preserve the functional intent of any facility or system; normal custodial work needed to sustain original plans or permits.
MAJOR RECREATIONAL EQUIPMENT. Boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
MANUFACTURED HOME (formerly MOBILE HOME). A structure, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width of forty feet or more in length, or when erected on site is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air- conditioning, and electrical systems contained therein. All single family manufactured/mobile homes manufactured since June of 1976 must be built to standards established by the U.S. Department of Housing and Urban Development (HUD) and must display a label certifying compliance.
In Florida, the law allows a 500 sq. ft. HUD Code built Manufactured Home to be sited in a FL Recreation Vehicle Park and for purposes of that occupancy shall be designated a “Park Model” which can be used for seasonal and vacation use. Also, a manufactured/mobile home is a motor vehicle and requires a certificate of title as proof of ownership just as a car or truck does. There is a separate title document for each section of the manufactured/mobile home (there is one title documents for a single-wide home and two title documents for a double-wide).
MARIJUANA. Cannabis, meaning all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.
MARIJUANA-BASED PRODUCT. A product that contains marijuana or any of its derivatives, including, but not limited to, tonics, tinctures, balms, salves, lotions, sprays, ointments, teas, sodas, and pills.
MARIJUANA DISPENSARY. A facility where marijuana or marijuana-based products are made available for medical purposes in accordance with § 381.986, Fla. Stat., including any dispensing facility operated by any medical marijuana treatment center as specifically provided for in § 381.986(8), Fla. Stat., at which marijuana or marijuana-based products are dispensed as part of a program of medical treatment.
MEAN HIGH WATER LINE. The intersection of the tidal plane of mean high water with the shore. Mean high water is the average height of high waters over a 19-year period.
MEAN SEA LEVEL. The average height of the sea for all stages of the tide (i.e., the halfway point between mean high tide and mean low tide. It is used as a reference for establishing various elevations within the flood plain. This term used to be synonymous with National Geodetic Vertical Datum (NGVD). NGVD has seen been replaced by the more accurate North American Vertical Datum (NAVD) system.
MIXED USE. Mixed-use allows for a variety of uses to share the same building, lot, or site under specified conditions, and can provide for housing and non- residential uses simultaneously, or may be limited to strictly non-residential uses. Mixed-use development uses must be horizontally or vertically integrated with each other. Vertical integration occurs when different uses inhabit the same building and sit atop one another, such as offices occupying the upper floors of a building that has retail below. Horizontal integration occurs when uses are placed next to each other, such as an apartment building that is adjacent to restaurants and shops.
MOBILE MARIJUANA DISPENSARY. Any legal entity, clinic, cooperative, club, business or group which transports or delivers, or arranges the transportation or delivery, of marijuana to any person, including facilities operated by any medical marijuana treatment center as specifically provided for in § 381.986(8), Fla. Stat.
MOTEL. A building in which lodging or boarding and lodging are provided and offered to the public; same as a hotel, except that buildings are usually designed to serve tourists traveling by motor vehicles, ingress to rooms need not be through a lobby or office, and parking is usually adjacent to the units. MOTELS do not usually include accessory uses such as meeting or convention facilities.
MOTOR VEHICLE. Any self- propelled vehicle or conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise or any substance. MOTOR VEHICLE shall include passenger cars, SUVs, RVs, state registered golf carts, trucks, buses, motorcycles,
scooters and station wagons but shall not include tractors, construction equipment or machinery or any device used for performing a job except as stated above.
NATIONAL GEODETIC VERTICAL DATUM (NGVD). As corrected in 1929. A vertical control system formerly used as a reference for establishing varying elevations within the flood plain. The NGVD has since been replaced by the North American Vertical Datum (NAVD) system.
NEIGHBORHOOD PARK. The Neighborhood Park is a “walk-to” part, generally located along streets where people can walk or bicycle without encountering heavy traffic. Neighborhood Parks may be provided through the development review process, direct acquisition and/or joint use through schools or the municipal jurisdiction.
NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of this Land Development Code, as may be amended.
NEWSPAPER OF GENERAL CIRCULATION. A newspaper published at least on a weekly basis and printed in English, but does not include a newspapers intended primarily for members of a particular occupational or professional group, or whose primary function is to carry legal notices or that is primarily to distribute advertising.
NIGHTCLUB. An establishment dispensing alcoholic beverages for on-site consumption, whether or not food is served, and which is a place of entertainment that is usually open late at night, offering live music, dancing, drinks, and a floorshow;
(1) By one or more performing artists;
(2) By one or more live entertainers singing to prerecorded music; or
(3) A deejay playing recorded music;
A restaurant that provides only background dinner music, entertainment, or where dancing is conducted to live or recorded music does not constitute a nightclub.
NONCONFORMITY. Any lot, use of land, use of structure, use of structure and premises or characteristics of any use or structure, which was lawfully permitted at the time of creation of the lot or use or construction of the structure but by reason of
adoption, revision, or amendment of this LandDevelopment Code does not currently conform with the provisions of the district in which it is located.
NORTH AMERICAN VERTICAL DATUM (NAVD). Established in 1988, the NAVD is a new, more accurate system to base elevation measurements, which corrects many problems associated with using the NGVD system. FEMA’s most recent flood base maps use NAVD for published base elevations.
OBJECTIVE. Statements, more specific in nature and which further define the area’s goals and identifies the steps necessary for the satisfactory pursuit of a goal.
OCCUPIED. The use of a structure or land for any purpose, including occupancy for residential, business, industrial, commercial or public use.
PARCEL OF LAND. See LOT.
PARKING SPACE, OFF-STREET. A space for parking a motor vehicle not on a public street or right-of-way.
PARKING SPACE. A space for parking a motor vehicle.
PATIO. A level, landscaped, and/or surfaced area, directly adjacent to a principal building at or
within three feet of the finished grade and not covered by a permanent roof. Also referred to as a terrace.
PERMITTEE. The person in possession or having beneficial use of property.
PERSON. A human being, partnership corporation, trust or other legal entity.
PERVIOUS AREA. An area that does not impede the downward flow, infiltration, or percolation of water into the underlying soil or any groundwater recharge area and is not covered with an impervious surface.
PETS. Those animals and fowl normally domesticated and kept as household pets in the United States and which are generally kept for pleasure rather than utility, such as dogs, cats, small birds, monkeys, fish and rodents.
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 requirements of all applicable statutes and of local ordinances, and may include the term “replat.”
POLICY. A statement that is more detailed than an objective and provides guidelines for specific actions, which will satisfy particular objectives.
PORTABLE TEMPORARY STORAGE CONTAINER. Any container designed for the storage of private property, that is typically rented for temporary use on a property, or that is delivered and removed from the property by truck.
POTABLE WATER. Water suitable for drinking purposes that conforms to the drinking water standards of Federal, State and local authorities for human consumption.
PRINCIPAL STRUCTURE. The primary building or structure on a lot or building site designed or used to accommodate the primary use for which the property is intended.
PRINCIPAL USE OF STRUCTURE. The primary or predominant use on any lot or parcel, as opposed to an accessory use.
PROJECT. Development on a parcel of land or expansion of any development of a project.
PROPOSED PROJECT. A project for which an applicant seeks or intends to seek the issuance of a development order(s), which project is unbuilt or involves expansion of an existing developed project.
PUBLIC FACILITIES AND SERVICES or PUBLIC FACILITY. Public transportation, roadways, drainage/stormwater management, potable water, solid waste disposal, wastewater treatment, parks, recreation and open space facilities and services.
PUBLIC USE. Any use of land or structures owned and operated by a municipality, county, state or the federal government or any agency thereof, and is intended for use that will directly or indirectly serve the general public.
RADIUS OF DEVELOPMENT INFLUENCE. The area surrounding a proposed project. In the event of Transportation Concurrency and Parks and Recreation Concurrency, the RADIUS OF DEVELOPMENT INFLUENCE shall be computed from all boundaries of the parcel of land as a geometric radius.
RECHARGE. Net downward percolation of water to an aquifer either by artificial means or naturally by infiltration.
RECREATIONAL VEHICLE. A vehicular type unit primarily designed as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motive power or is mounted on, or towed by another vehicle. The basic entities are: camping trailer, fifth-wheel trailer, motor home, park trailer, travel trailer, and truck camper.
RENDITION. Issuance of a letter of determination, resolution, ordinance, or order by the Town Manager, the building official, the zoning official, or other Town administrative official, the Town Commission or a Town board, an executed original of which shall be filed in the records of the Town Clerk. Unless another date shall appear on the face of the letter of determination, resolution, ordinance, or order, as being the date the instrument was filed in the records of the Town Clerk, it shall be presumed that the instrument was filed in the records of the Town Clerk on the date appearing on the instrument as the date of preparation or execution.
RESTAURANT.
(1) A restaurant includes any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold, all for money or other consideration, for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption.
(2) A restaurant is an establishment where food and drink, which may include alcohol, are prepared, served, or consumed by customers in return for money. If alcohol is served, unless a special exception for a bar/lounge is approved by the Town on the restaurant premises, at least 51% of the total gross revenues must come from the retail sale on the premises of food and non-alcoholic beverages. Proceeds of catering sales will not be included in the calculation of total gross revenues.
(3) The following are excluded from the definition in paragraph (1):
a. Any place maintained and operated by a public or private school, college, or university:
1. For the use of students and faculty; or
2. Temporarily to serve such events as fairs, carnivals, and athletic contests.
b. Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or nonprofit civic organization:
1. For the exclusive use of members and associates; or
2. Temporarily to serve such events as fairs, carnivals, or athletic contests.
c. Any eating place located on an airplane, train, bus, or watercraft, which is a common carrier.
d. Any eating place maintained by a facility certified or licensed and regulated by the Agency for Health Care Administration or the Department of Children and Family Services or other similar place that is regulated under § 381.0072, Fla. Stat.
e. Any place of business issued a permit or inspected by the Department of Agriculture and Consumer Services under § 500.12, Fla. Stat.
f. Any place of business where the food that is available for consumption is limited to ice, beverages with or without garnishment, popcorn, or prepackaged items sold without additions or preparation.
g. Any theater, if the primary use is as a theater and if patron service is limited to food items customarily served to the admittees of theaters.
h. Any vending machine that dispenses any food or beverages other than potentially hazardous foods, as defined by division rule.
i. Any vending machine that dispenses potentially hazardous food and which is located in a facility regulated under § 381.0072, Fla. Stat.
j. Any research and development test kitchen limited to the use of employees and which is not open to the general public.
RETENTION. Prevention of the discharge of a given volume of stormwater runoff into a public drainage system by complete on-site storage where the capacity to store the given volume must be provided by a decrease of stored water caused by percolation through the soil evaporation, or evapotranspiration. RETENTION shall include, for the purposes of this definition, detention. Detention shall mean the collection, temporary storage, and discharge of stormwater in such manner as to provide for conformance to water quality standards.
RIGHT-OF-WAY (ROW). Land reserved, used or to be used for a street, alley, walkway, drainage facility, sewer lines, water lines, or other similar purpose. A right-of-way does not include utility or drainage easements.
(1) Right-of-way street line. The property line which bounds the right-of-way set aside for use as a street.
(2) Right-of-way centerline. The midpoint between the street right-of-way lines.
RUNOFF. See STORMWATER.
SAND DUNES. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
SATELLITE ANTENNA. Any device used to receive or transmit electrical signals from or to a satellite, sometimes referred to as an earth station.
SCHOOL. A land use and any building or part thereof that is designed, constructed, or used for education, instruction and/or training in any branch,
knowledge or level, which includes business, vocation, technical and trade schools, schools of art, dance, theater, culture, martial arts, as well as other instructional institutions such as academic schools.
SEAWARD. In a direction toward the Atlantic Ocean.
SEDIMENTS. Solid material, whether mineral or organic, that is in suspension, is being transported or has moved from its site of origin by air, water or gravity.
SERVICE STATION.
(1) Buildings and premises where gasoline, oil, grease, batteries, tires and automotive accessories may be supplied and dispensed at retail and where in addition the following services may be rendered and sales made and limited to:
a. Sale and servicing of spark plugs, batteries and distributors and distributor parts;
b. Tire servicing and repair but not recapping or regrooving;
c. Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like;
d. Radiator cleaning and flushing;
e. Washing and polishing, and sale of automotive washing and polishing materials;
f. Greasing and lubrication;
g. Providing and repair of fuel pumps, oil pumps and lines;
h. Minor servicing and repair of carburetors;
i. Emergency wiring repairs;
j. Adjusting and repairing brakes;
k. Minor motor adjustments and tune-ups not involving removal of the head or crankcase or racing the motor;
l. Sales of nonalcoholic beverages, vending machine products, and accessories that are incidental to the principal operation; or
m. Provision of road maps and other informational material to customers; provision of rest room facilities.
(2) Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A
SERVICE STATION is not a repair garage, a body shop or a convenience store.
SHALL. Used to express a command, is mandatory, to be done at all times without deviation.
SHOULD. Expresses ultimate desire, is generally mandatory unless otherwise justified.
SIGN. Any device or display consisting of letters, numbers, symbols, pictures, illustrations, announcements, cutouts, insignia, trademarks or demonstrations designed to advertise, inform, identify or attract the attention of persons. SIGN shall be construed to be a display or device containing elements organized, related and composed to form a single unit. In the event material is displayed in a random or unconnected fashion without an organized relationship of the components, each component or element shall be considered a single sign.
(1) ATTACHED SIGN. Any sign on or erected parallel to the face of the outside wall or roof of any building and supported throughout by such wall or roof (including signs painted directly on walls or roof).
(2) BANNER SIGN. Any sign having the characters, letters, illustrations or ornamentations applied to cloth, paper, plastic or fabric, including pendants and wind-operated devices.
(3) DIRECTIONAL SIGN. Any sign for public direction or information containing no advertising or commercial identification of any product or service.
(4) DOUBLE-FACED SIGN. A sign with two parallel or nearly parallel faces back to back and located not more than 24 inches from each other.
(5) FEATHERED FLAG SIGN. A sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material
for backing. Feather flags are generally a single sign attached to a support post.
(6) FLASHING SIGN. Any sign which contains or uses for illustration any lights or lighting device or devices which change color, flash or alternate, show movement or motion, or change the appearance of the sign or any part thereof automatically.
(7) FREESTANDING SIGN. Any single-or double-faced sign not attached to or painted on a building and which is permanently affixed to the ground. A sign mounted on a freestanding pole or other support, such as a monument, are examples of freestanding signs.
(8) INDIRECTLY ILLUMINATED SIGN. A sign illuminated by an external light source.
(9) INTERNALLY ILLUMINATED SIGN. A sign where the light source is concealed within the sign visible through a translucent surface.
(10) NEON SIGN. A sign illuminated by a neon tube bent into forms to produce letters, symbols and other shapes.
(11) PORTABLE SIGN. Any sign which is mobile and is located for any total four-hour period per day so as to obviously call attention to a particular business.
(12) SHINGLE SIGN. Any sign erected perpendicular to the front wall of a building attached to the wall or the underside of any overhang connected to and supported by the wall.
(13) SIGN SURFACE AREA. The area of each sign surface computed by calculating the area of the circle, square or other geometric design required to enclose the total sign. Only one side of double-faced signs shall be calculated in the sign surface area.
(14) WINDOW SIGN. Any advertisement, such as painting, white wash, paste, decals, neon lighted, indirect illuminated, internally illuminated, non-illuminated or any other method except for the display of the actual merchandise for sale or rent, located within a window area, which can be viewed from the property line and is intended to attract attention to a business establishment shall be classified as a WINDOW SIGN. The size of a WINDOW SIGN is the smallest rectangle which will enclose its components.
SIGNIFICANT PROJECT. Any project that generates vehicular use exceeding the previously anticipated two-way traffic generated by one hundred trips during the peak hour of the roadway or the development within the Radius of Development Influence.
SITE PLAN. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands, and waterways; landscaping and open space; walkways; means of ingress and egress; circulation; utility services; structures and building; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order for an informed decision to be made by the approving authority.
SOLID WASTE. Garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, sludge or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations.
SOLID WASTE DISPOSAL FACILITY. Any facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating solid waste.
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 be permitted in a particular zoning district when it is shown that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in the zoning ordinance and authorized by the approving authority. Permissible special exceptions are defined in each zoning classification.
SPIRE. A tall, slender pointed structure that rises from a roof.
STORMWATER MANAGEMENT PLAN. The detailed analysis which describes how the proposed stormwater management system for the development has been planned, designed and will be constructed to meet the requirements of this Land Development Code.
STORMWATER MANAGEMENT SYSTEM. The designed features of the property which collect,
convey, channel, hold, inhibit or divert the movement of stormwater to ensure the proper treatment and storage of these waters.
STORMWATER or RUNOFF. The flow of water which results from and which occurs during the period immediately following a rainfall event.
STORY/STORIES. That portion of a building included between the surface of any ceiling or roof and the upper surface of the floor immediately below it or that portion between the surface of any floor and the surface of the floor above it. Excluded from this is non-habitable space used for parking below a building that has been elevated to meet elevation requirements of federal or state agencies to an extent that there is sufficient space to park vehicles below the building.
STREET. A public or private right-of-way set aside for vehicular travel, which is 30 feet or more in width, either improved or unimproved.
(1) STREET CENTERLINE. The midpoint between the street right-of-way.
(2) STREET RIGHT-OF-WAY LINE. The property line which bounds the right-of-way set aside for use as a street. Same as front property line of abutting lots, in most cases.
STRUCTURE. A combination of materials that form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. Included are buildings, roads, walkways, paths, swimming pools, tennis courts, pipelines, underground transmission lines, sheds and the like.
SUBDIVISION PLAT. A map representing a tract of land, showing the boundaries and locations of individual properties and street.
SWIMMING POOL. Any temporary or permanent structure containing a body of water 18 inches or more in depth and 150 square feet or more of surface area, intended for recreational purposes, such as swimming or wading, but not including an ornamental reflecting pool or fish pond or other type of pool regardless of size, unless it is located and designed so as to create a hazard or to be also used for swimming or wading.
TELEVISION ANTENNA. An aerial device used to radiate and receive radio waves through the air or through space.
TOTAL FLOOR AREA. See GROSS FLOOR AREA.
TOWNHOUSE. A one-family dwelling unit of a group of three or more such units separated by adjoining fire walls or fire walls separated by a space of not more than six inches.
TOWN MANAGER.
(1) The individual Town employee appointed to said position by the Town Commission;
(2) The Town Manager's designee; or
(3) Another individual as designated pursuant to interlocal or other agreement entered into by the Town Commission.
TRAILER. A structure on wheels, towed or hauled by another vehicle, and used for short-term human occupancy, carrying of materials, goods, or objects, or as a temporary office.
TREE. A perennial, woody plant which often has many secondary branches supported clear of the ground on a single main stem or trunk, with clear apical dominance. A minimum height specification at maturity is 10 feet.
TRIP GENERATION STANDARDS. The total number of vehicle trips produced by a specific land use or activity can be found in the book, “Trip Generation Manual”, 4th Edition, prepared by the Institute of Transportation Engineers (ITE), including more recent editions.
UTILITY SHED. An accessory structure primarily used for storage.
VARIANCE. Permission to depart from the literal requirements of the Land Development Code or Zoning Ordinance relating to setbacks, side yards, frontage requirements, and lot sizes that, if applied to a specific lot, would significantly interfere with the use of the property.
VEGETATION. All plant growth, especially trees, shrubs, vines, ferns, mosses and grasses.
VESTED RIGHTS. Preexisting rights of use that are specifically authorized to continue to exist, subject to the same limitations and conditions initially placed upon the preexisting use, but which preexisting use has, subsequent to the approval and
establishment of the preexisting use, been prohibited by the Land Development Code.
VESTED RIGHTS shall not apply to any prohibited use that is not specifically authorized to continue to exist by the Land Development Code. VESTED RIGHTS shall not allow for the expansion, in size or scope, of any preexisting use.
VOLUME. Occupied space, measured in cubic units.
WALL. (1) A freestanding manmade structure designed to restrict or prevent movement across a boundary constructed with a footer and of masonry products; (2) The vertical exterior surface of a building; (3) One of the vertical interior surfaces that divides a building’s space into rooms.
WATER BODY. Any natural or artificial pond, lake, reservoir or other area which ordinarily contains water and which usually has a discernible shoreline.
WATER TABLE. The boundary between the zone of saturation and the zone of aeration, which varies with such factors as tides, amount of rainfall and evapotranspiration.
WATERCOURSE. Any natural or artificial stream, creek, slough, channel, ditch, canal, waterway, gully ravine or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite, physically or vegetatively distinct channel, bed or banks.
WETLANDS. Those areas saturated by surface or groundwater at a frequency and duration sufficient to support and that under normal circumstances support a dominance of vegetation adopted for life in saturated soil conditions. For the purpose of this Code, WETLANDS are those areas which meet the criteria of those areas which support a dominance of wetland vegetation types listed in the Rules of the Florida Department of Environmental Regulation.
WILD ANIMALS. Animals of a species not usually domesticated as household pets in the United States.
YARD. An open space on the same lot with a principal building which is unoccupied and unobstructed by buildings from the ground to the sky except for overhangs or bay windows or as otherwise provided in this section.
(1) FRONT YARD. A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
(2) REAR YARD. A space extending the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line.
(3) SIDE YARD. The space extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building, including covered porches, carports and garages.
ZONING DISTRICT. A specifically delineated area shown on the Town of Melbourne Beach Official Zoning Map within which uniform regulations and requirements govern the use, placement, spacing and size of land and buildings.
ZONING OFFICIAL. The official designated by the Town Manager and charged with the administration, interpretation, and enforcement of general code administration, comprehensive planning, subdivision regulation, zoning regulation, takings, vested rights, and due process, all as set forth in this Land Development Code, as may be amended.
(Am. Ord. 98-04, passed 6-18-98; Am. Ord. 2003-04, adopted 12-17-03; Am. Ord. 2004-01, adopted 9-15-04; Am. Ord. 2004-02, adopted 7-21-04; Am. Ord. 2-2005, adopted 7-20-05; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2006-17, adopted 3-21-07; Am. Ord. 2007-10, adopted 2-20-08; Am. Ord. 2008-09, adopted 11-19-08; Am. Ord. 2013-02, adopted 5-15-13; Am. Ord. 2013-05, adopted 9-18-13; Am. Ord. 2014-08, adopted 10-29-14; Am. Ord. 2016-01, adopted 10-19-16; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2018-03, adopted 8-15-18; Am. Ord. 2019-04, adopted 9-18-19; Am. Ord. 2023-02, adopted 3-15-23)