Skip to code content (skip section selection)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In the event that any term used herein is not defined then the definition of such terms as used in the latest version of the Dictionary of Architecture and Construction, by Cyril M. Harris, McGraw-Hill Publishing shall be used.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ADULT ARCADE. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, videotape or playback and viewing devices, or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by emphasis on the depiction or description of specified sexual activities or specified anatomical areas. For the purpose of this chapter, the term ADULT ARCADE is included with the definition of ADULT MOTION PICTURE THEATER.
ADULT BOOKSTORE. An establishment that sells, leases or rents adult material for any form of consideration unless the adult material is accessible only by employees and either the gross income from the sale or rental of adult material comprises less than 10% of the gross income from the sale or rental of goods or services at the establishment or the individual items of adult material offered for sale or rental comprises less than 15% of the individual items publicly displayed at the establishment as stock in trade. It is an affirmative defense to an alleged violation of this chapter regarding operating an adult bookstore without an adult entertainment license if the alleged violator shows that the adult material is accessible only by employees and either the gross income from the sale or rental of adult material comprises less than 10% of the gross income from the sale or rental of goods or services at the establishment and the individual items of adult material offered for sale or rental comprise less than 15% of the individual items publicly displayed at the establishment as stock in trade.
ADULT BOOTH. A small enclosure within an adult entertainment establishment accessible to any person (regardless of whether a fee is charged for access) for the purpose of viewing adult materials. The term ADULT BOOTH includes, but is not limited to, a peep show booth. The term ADULT BOOTH does not include a hallway/foyer used primarily to enter or exit the establishment or its restrooms. However, only one person shall be allowed to occupy a booth at any time.
ADULT CARE FACILITIES. Any facility regulated by the State of Florida Agency for Health Care Administration including, but not limited to, long term care facilities, F.S. § 400.0060(5), as amended from time to time; nursing homes, F.S. § 400.011, as amended from time to time; intermediate, special services, and transitional living facilities, F.S. § 400.701, as amended from time to time; intermediate care facilities for developmentally disabled persons, F.S. § 400.960, as amended from time to time; assisted living facilities, F.S. § 429.02(5), as amended from time to time; adult day care centers, F.S. § 429.901(1); adult family-care homes, F.S. § 429.65(2); and health care facilities, F.S. § 408.032(8), as amended from time to time.
ADULT DANCING ESTABLISHMENT. An establishment that permits, suffers or allows dancers to display or expose specified anatomical areas. Any establishment on which premises any employee, agent or independent contractor displays or exposes specified anatomical areas shall be deemed an ADULT DANCING ESTABLISHMENT and shall be required to obtain a license pursuant to town regulations and ordinances.
ADULT ENTERTAINMENT ESTABLISHMENT. An adult motion picture theater, a leisure spa establishment, an adult bookstore or an adult dancing establishment.
ADULT MATERIALS. Either of the following:
(1) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes, slides or other visual representations or recordings, novelties and devices that have as their primary or dominant theme matter depicting, illustrating describing or relating to specified sexual activities or specified anatomical areas; or
(2) Instruments, devices or paraphernalia designed for use in connection with specified sexual activities.
ADULT MOTEL. Any hotel or motel, boardinghouse, roominghouse or other lodging that includes the word “adult” in any name it uses, and otherwise advertises outside the individual rooms the presentation of film, video or any other visual material or methods that has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by its patrons. For the purposes of this chapter, an ADULT MOTEL is included within the definition of ADULT MOTION PICTURE THEATER.
ADULT MOTION PICTURE THEATER. An enclosed building or a portion or part of an enclosed building or an open-air theater designed to permit viewing by patrons seated in automobiles or other seating provisions, for any form of consideration, film, video or any other visual material or method that has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by its patrons, and includes any hotel or motel, boardinghouse, roominghouse or other lodging for any form of consideration that advertises the presentation of the film material. For the purposes of this chapter, an ADULT MOTION PICTURE THEATER includes an adult arcade, an adult motel and an adult motion picture booth.
ALLEY. Any public or private right-of-way set aside for secondary public travel and servicing that is less than 30 feet in width, is not generally used for general traffic circulation, and is not otherwise officially designated as a street.
AMUSEMENT PARK. A commercially operated recreational complex containing one or more indoor or outdoor entertainment facilities. See also § 157.180(D)(3).
APARTMENT. The same as DWELLING, MULTIPLE-FAMILY.
ARCADE AMUSEMENT CENTERS. Shall have the same meaning as provided in F.S. § 849.161, as amended from time to time.
AUTOMOTIVE REPAIR FACILITIES. Includes all mechanical overhaul or repair and body work and painting of automotive vehicles.
AUTOMOTIVE VEHICLE. Any self-propelled vehicle or conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise or any substance. The term shall include passenger cars, 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.
AWNING. A detachable, rooflike cover, supported by the walls of the building for protection from sun and weather.
BEDROOM. A room enclosed by permanent walls and including a clothes closet.
BREEZEWAY. Includes the area not obstructed by any building or accessory structure and is essentially free and clear from the ground to the sky. Swimming pools, parking lots and other recreational structures that do not require buildings shall be permitted within the BREEZEWAY areas.
BUFFER. A wall, fence or vegetative screen placed within the yard area with the express purpose of screening, both in terms of noise and sight, the particular area from the adjacent property. The type of BUFFER shall be determined at the time of site plan approval or the issuance of a building permit.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING or STRUCTURE. Any structure constructed or used for residence, business, industry or other private or public purposes or accessory to the purposes, including sheds, tents, lunch wagons, trailers, mobile homes, garages, carports, animal kennels, storerooms, billboards, fences, gasoline pumps and similar structures, whether stationary or movable.
BUILDING OFFICIAL. The official charged with the administration and enforcement of this chapter as provided for in § 157.027.
BULKHEAD. A retainer wall or structure designed to prevent the erosion of land by water action or acts of nature.
BULKHEAD LINE. An artificial line established in or along the ocean, river, canal or other body of water in order to fix and establish the maximum distance from the existing shoreline.
BUSINESS STRUCTURE. Any separate freestanding commercial building that may contain any number of business establishments having a common roof or façade.
CANAL. An artificial watercourse, trench or ditch in the earth for confining water to a defined channel.
CARPORT. A roofed shelter for one or more automobiles with or without side walls, but without a door.
CLINIC. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together. The term does not include a place for the treatment of animals.
COURT. An open space on the same lot with the principal building and fully enclosed on at least three adjacent sides by walls of the principal building.
COURTESY NOTICE. A notice of public hearing, not required by law, mailed at the town’s discretion to property owners within 500 feet of property that is the subject of a hearing.
CYBERCAFE. See ELECTRONIC GAMING ESTABLISHMENT.
DENSITY. The number of dwelling units allowable within a zoning district per gross acre of private property.
DISTRICT. A zone within the town so designated on the official zoning map.
DWELLING, MULTIPLE-FAMILY. A residential building designed for three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit other than a mobile home and manufactured home, designed for and occupied by one family only.
DWELLING, TWO-FAMILY (DUPLEX). A detached residential building containing two dwelling units, designed for occupancy by two families.
DWELLING UNIT or LIVING UNIT. One or more rooms, containing independent cooking and sleeping facilities connected together, constituting a separate, independent housekeeping establishment for owner occupancy, rental or lease and physically separated from any other rooms or dwelling units that may be in the same structure.
ELECTRONIC GAMING ESTABLISHMENT. A business operation, whether a principal use or accessory use, where persons utilize electronic machines or devices, including but not limited to, computers and gaming terminals, to conduct games of chance and/or a game promotion pursuant to F.S. § 849.094, including sweepstakes, and where cash, prizes, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such redeemed or distributed items are determined by the electronic games played or by predetermined odds. This term includes, but is not limited to internet cafes, internet sweepstakes cafes, cybercafes or sweepstakes cafes. This definition is applicable to any ELECTRONIC GAMING ESTABLISHMENT, whether or not the electronic machine or device utilized:
(1) Is server-based;
(2) Uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries;
(3) Uses software such that the simulated game influences or determines the winning or value of the prize;
(4) Selects prizes from a predetermined finite pool of entries;
(5) Uses a mechanism that reveals the content of a predetermined sweepstakes entry;
(6) Predetermines the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed;
(7) Uses software to create a game result;
(8) Requires deposit of any money, coin, or token, or the use of any credit card, debit card, prepaid card, or any other method of payment to activate the electronic machine or device;
(9) Requires direct payment into the electronic machine or device, or remote activation of the electronic machine or device;
(10) Requires purchase of a related product, regardless if the related product, if any, has legitimate value;
(11) Reveals the prize incrementally, even though it may not influence if a prize is awarded or the value of any prize awarded;
(12) Determines and associates the prize with an entry or entries at the time the sweepstakes is entered; or
(13) A slot machine or other form of electrical, mechanical, or computer game. It is the intent of this definition to classify any mechanism utilized at any ELECTRONIC GAMING ESTABLISHMENT that seeks to avoid application of this definition through the use of any subterfuge or pretense whatsoever. ELECTRONIC GAMING ESTABLISHMENTS do not include arcade amusement centers, regulated pursuant to F.S. § 849.161, or the official Florida Lottery. The term PRIZE as used herein shall mean any gift, award, gratuity, good, service, credit, or anything else of value, which may be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or other record as evidence of the intent to transfer the prize.
ESTABLISHMENT. The site, physical plant or premises upon which certain activities or operations are being conducted for commercial or pecuniary gain. Operated for commercial or pecuniary gain shall not depend upon actual profit or loss and shall be presumed where the ESTABLISHMENT has an occupational license.
FAMILY. An individual or a group of persons related to each other by blood, adoption or marriage and/or a group of not more than four persons who are not necessarily so related, living together under one roof as a single household unit.
FILLING STATION. The same as SERVICE STATION.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building measured from exterior faces of exterior walls or from the centerline of walls separating two attached buildings. The required minimum FLOOR AREA within each district shall not apply to accessory uses.
FRONT BUILDING LINE. A line extending from side lot line to side lot line at the frontmost portion of the lot’s principal structure.
GARAGE. An enclosed structure accessory to a main structure secure from intrusion, protected from the elements, for the purpose of storing automotive vehicles and not used for habitation, and in which no occupation or business for profit is carried on.
GUEST COTTAGE. The same as MOTEL.
GUEST HOUSE. Living quarters within a detached accessory building located on the same lot with the main building for use by temporary guests of the occupants of the premises, the quarters having no kitchen facilities or separate utility meters, and not rented or otherwise used as a separate dwelling.
HEDGE. A row of bushes or small trees planted close together in a manner as to form a boundary or barrier.
HEIGHT OF BUILDING.
(1) The vertical distance from a point measured from the crown of the street or road on which a building has its frontage to the:
(a) Highest point of a flat roof, excluding elevator, and mechanical equipment;
(b) Peak of a mansard, gable, hip or gambrel roof.
(2) Except as may be provided for in divisions (1)(a) and (b) above, there are not exceptions to the definition of height of building for architectural embellishments. For purposes of this definition, the elevation of the crown of the street or road on which the building in question has its frontage shall be measured in the center of the street or road at the highest point between the side lot lines extended to the center of such street or road.
(3) For properties east of U.S. 1, the property owners may request a modification to the vertical distance measurement requirement above from the Town Council due to hardships resulting from severe elevation changes. In the event the Town Council determines a hardship exists then the building height shall not exceed 25 feet as measured from the center of the U.S. 1 sidewalk at the highest point between the side lot lines extended to the center of such sidewalk.
(4) Under no circumstances shall the height of a building exceed the maximum height allowed in the zoning category for the property upon which the building exists.
HOME OCCUPATION. Any occupation conducted entirely within a dwelling unit and carried on by an occupant of the dwelling unit, which occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character of the dwelling unit.
HOSPITAL. A building or group of buildings, having room facilities for one or more overnight patients, used for providing services for the in-patient medical or surgical care of sick or injured humans, and which may include related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices; however, it is coordinate to the main use and must be an integral part of the hospital operations.
HOTEL. A building in which lodging or boarding and lodging, are provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times. As such, a HOTEL is open to the public, in contradiction to a boardinghouse or lodginghouse, apartment hotel or multiple dwelling.
INTERNET CAFE. See ELECTRONIC GAMING ESTABLISHMENT.
INTERNET SWEEPSTAKES CAFE. See ELECTRONIC GAMING ESTABLISHMENT.
LEISURE SPA ESTABLISHMENT. A site or premises upon which any of the treatments, techniques or methods of treatment referred to in this chapter are administered, practiced, used, given or applied, but shall not include the following:
(1) Licensed health care facilities;
(2) Licensed physicians or nurses engaged in the practice of their professions;
(3) Educational or professional athletic facilities if the treatment or service is a normal and usual practice in the facilities; or
(4) Establishments exempted under F.S. Ch. 400 or 480.
LIVING AREA. The area under roof designated primarily for habitation and specifically excluding garages. As used in this chapter, the total LIVING AREAS shall be computed as follows. The exterior dimensions of all enclosed space within the framework of the building unit (length and width) multiplied and totaled, as follows:
(1) Any room or area accessible from any other room or area within the framework shall constitute living area;
(2) A room or area must be totally enclosed by walls and covered by roofing;
(3) A room or area must be protected from the elements; and
(4) A utility room within the framework of the main building and accessible within the main living area constitutes living area.
LIVING UNIT. The same as DWELLING UNIT.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to the vehicles when required off-street parking spaces are filled. Required OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking space.
LODGINGHOUSE. The same as ROOMINGHOUSE.
(1) A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide the yards and other open spaces as are required in this chapter. The LOT shall have frontage on, or access to, a public or 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, of complete lots of record and portions of lots of record, or of portions of lots of record; or
(d) A parcel of land described by metes and bounds.
(2) In the case of a division of a lot or combination of lots which results in any lot being created which does not meet the requirements of this chapter, such resulting or residual lot is declared nonconforming and shall not be eligible for a development permit.
LOT COVERAGE. The area of a lot that is covered by an enclosed structure. These are normally the principal and accessory structures.
LOT FRONTAGE. The portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage; and yards shall be provided as indicated under that definition in this section.
LOT MEASUREMENTS. As follows:
(1) DEPTH OF A LOT. Considered to be 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.
(2) WIDTH OF A LOT. Considered to be 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; however, 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 a turning radius, where the 80% requirement shall not apply.
LOT OF RECORD. A lot that is a part of a subdivision recorded in the office of the clerk of the circuit court, county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(1) 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.
(2) INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
(3) 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.
(4) REVERSED FRONTAGE LOT. A lot on which the frontage is at right angles or approximately right angles (interior angles less than 135 degrees) to the general pattern in the area. A REVERSED FRONTAGE LOT may also be a corner lot or a through lot.
MANUFACTURED HOME. Shall include a MODULAR HOME, PRE-FABRICATED HOME or FACTORY-BUILT HOME and means a closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facilities for installation or erection as a finished building or as part of a finished building for residential purposes.
MARINA. A place for docking pleasure boats or providing services to pleasure boats and their occupants, including servicing and repair of boats, sale of fuel and supplies, and provision of food and beverages as accessory uses. A hotel, motel or similar use where docking of boats and provision of services to boats is incidental to activities shall not be considered a MARINA, nor boat docks accessory to a multiple dwelling where no boat-related services are rendered.
MINI-STORAGE FACILITY. A fully enclosed structure used for short or long-term self-storage and meeting the criteria of § 157.285(E)(7). This may be a multi-unit complex or a series of detached structures.
MOBILE HOME. A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities and the like. A travel trailer is not to be considered as a MOBILE HOME.
MOBILE HOME PARK. A single parcel of land six acres or more in an area upon which there are mobile home sites to be leased or rented to occupants on the parcel.
MOTEL. A building in which lodging, or boarding and lodging, are provided and offered to the public in contradistinction to a boardinghouse or lodginghouse, or a multiple-family dwelling; same as a hotel, except that the buildings are usually designed to serve tourists traveling by automobile, ingress to rooms need not be through a lobby or office, and parking usually is adjacent to the dwelling unit. See TOURIST AND TRANSIENT LIVING ACCOMMODATIONS.
MOTOR VEHICLE shall have the same meaning as F.S. § 320.001(1)(a).
NONCONFORMITY. Any lot, use of land, use of structure, use of structure and premises, or characteristic of any use which was lawful on July 14, 1975, but which does not conform with the provisions of the district in which it is located.
OCCUPIED. The use of a building or land for any purpose, including occupancy for residential, business, industrial and public use. This shall include the use of land or buildings for manufacturing and storing facilities.
PARKING SPACE, OFF-STREET. A minimum paved area of 220 square feet with minimum dimensions of 11 feet by 20 feet for parking an automobile, exclusive of access drives or aisles to the space.
PATIO. The same as TERRACE.
PREMISES. A tract of land with a structure on the tract.
PRINCIPAL USE OF STRUCTURE. A building in which is conducted the principal use of the lot on which it is situated. In a residential district, any dwelling shall be deemed to be the principal building on the lot on which situated. An attached carport, shed, garage or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building shall comprise a part of the principal building and be subject to all regulations applied to the principal building. A detached and structurally independent carport, garage or other structure shall conform to the requirements of an accessory building. A detached and structurally independent garage, carport or other structure conforming as an accessory building may be attached to the principal building by an open breezeway.
PRIVATE CLUB. Includes associations and organizations of fraternal or special character, or which are maintained in connection with a golf course or tennis facility, and shall not include casinos, nightclubs or other similar institutions operated on a commercial basis.
PUBLIC USE. Any use of land or structures owned and operated by a municipality, county, state or the federal government or any of their agencies for a public service or purpose.
RECREATIONAL EQUIPMENT (MAJOR). 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 the equipment or not, any motor vehicle, watercraft, or equipment designed for outdoor recreational, and recreational vehicles. Such equipment may also include, but is not limited to airboats, jet boats, personal watercraft, all-terrain vehicles (ATVs), dirt bikes, go carts, golf carts, and any similar vehicles, vessels or equipment.
RECREATIONAL VEHICLE. A cargo trailer modified as living quarters, or a house trailer, motor home, camper, bus, mobile home, collapsible camping trailers, tent trailers, truck campers mounted on a standard pickup truck or similar vehicle or equipment, including any vehicle or part of a vehicle or equipment designed for temporary living quarters for recreation, camping, or travel vehicle.
RELIGIOUS INSTITUTION. A building used primarily for religious worship and related religious activities.
RESIDENTIAL AREA. An area zoned for any residential purpose as allowed by this chapter.
RESTAURANT. Any building or structure or portion of a building or structure in which food is prepared and served for pay to any person not residing on the premises.
RIGHT-OF-WAY. A path or route that may lawfully be used for the purpose of roads, streets or alleys, utility and transmission lines or canals.
RIVERFRONT BREEZEWAY/VISUAL CORRIDOR. An open passageway for movement of air and creating visual access running from the mean low water line of the Indian River Lagoon, as the eastern boundary of the breezeway to the first north/south public right-of- way westward of the Indian River Lagoon. This minimum breezeway/visual corridor requirement shall include all riverfront properties. No buildings, structures, berms or solid fences, or any combination thereof, more than four feet in height shall be permitted in the breezeway/visual corridor.
ROAD. The same as STREET.
ROOMINGHOUSE. A building other than an apartment, hotel, motel or motor lodge where, for compensation and by prearrangement for definite periods, lodging, meals or lodging and meals are provided for three or more persons.
SCHOOL. An institution for learning for minors, whether public or private, that offers instruction in those courses of study required by F.S. Chs. 1000 through 1013. This definition includes a nursery school, kindergarten, elementary school, junior high school, middle school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education; but it does not include a vocational or professional institution or an institution of higher education, including community or junior college, college or university. This definition of SCHOOL shall also include any educational facility at which minor children reside in conjunction with their educational experience, including but not limited to United States Space Camp.
SEMIPUBLIC USE. Any use of land or buildings owned and operated by an individual, firm, corporation, lodge or club, either as a profit or nonprofit activity, for a public service or purpose. This shall include privately owned utilities, transportation, recreation, and cultural activities and services.
SERVICE STATION or FILLING 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 general services may be rendered and sales made:
(a) Sale and servicing of spark plugs, batteries, distributors and distributor parts;
(b) Tire servicing and repair, but not recapping or regrooving;
(c) Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, lightbulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings and mirrors;
(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 adjustment and tuneups;
(l) Sales of cold drinks, package foods, tobacco and similar convenience goods for service station customers, as accessory and incidental to the principal operation;
(m) Provision of road maps and other informational material to customers; provision of restroom facilities; and
(n) Rental vehicles.
(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 neither a repair garage nor a body shop.
SIGN. Any device to inform or attract the attention of persons not on the premises on which the sign is located; however, the following shall not be included in the application of the regulations in this chapter:
(1) Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;
(2) Flags and insignia of any governmental level except when displayed in connection with commercial promotion;
(3) Legal notices, identification, informational or directional signs erected or required by governmental bodies;
(4) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or flashing lights;
(5) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter; or
(6) “For Sale” and “For Rent” signs exceeding one square foot, by permit only.
SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals or pubic region;
(b) The cleavage of the human buttocks;
(c) A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of the gland wherein the outside area is:
1. Reasonably compact and contiguous to the areola; and
2. Contains at least the nipple and the areola and one-fourth of the outside surface area of the gland.
3. This definition shall not be interpreted to include any portion of the cleavage of the breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACT. An offense under F.S. Ch. 800, relating to lewdness and indecent exposure; an offense under F.S. § 806.01, § 806.10, § 806.111 or § 806.13(2)(c), relating to arson and criminal mischief; an offense under F.S. Ch. 796, relating to prostitution; an offense under F.S. § 847.013 or § 847.0145, relating to obscenity; an offense under F.S. § 877.03, relating to breach of the peace; an offense under F.S. § 893.13, relating to possession or sale of controlled substances; or an offense under F.S. § 849.09(2), § 849.10 or § 849.25(3), relating to gambling, F.S. Ch. 794, relating to sexual battery, F.S. Ch. 826, relating to bigamy or incest; or violation of analogous laws or ordinances of another city or state or of the federal government or successor statutes to these statutes.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation, arousal or tumescence.
(2) Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, sodomy, urolagnia or zooerastia.
(3) Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.
(4) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (3) of this definition.
STORY. The portion of a building included between the surface of any ceiling or roof and the upper surface of the floor immediately below it.
STREET. A public or private right-of-way set aside for public travel that includes roadway uses, easements for utilities, sidewalks and drainage which in combination provides for a minimum width of 50 feet. Street right-of-way line means the property line that bounds the right-of-way set aside for use as a street.
STRUCTURE. The same as BUILDING.
SWIMMING POOL. Any portable pool or permanent structure containing a body of water 18 inches or more in depth and 150 square feet or more of water surface area, intended for recreational purposes, including a wading pool, 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 used for swimming or wading.
TERRACE or PATIO. An open space on the same lot, adjacent to the main building on at least one side, prepared with a hard, semihard or improved surface, designated for the purpose of outdoor living.
TOTAL FLOOR AREA or GROSS FLOOR AREA. The area of all floors of a building, including finished attics, finished basements and all covered areas, including porches, sheds, carports and garages.
TOURIST AND TRANSIENT LIVING ACCOMMODATIONS. Any place where tourists, transients, travelers or persons desiring temporary residence may be provided with sleeping, sanitary or cooking facilities; i.e., hotel and motel; a group of tourist accommodation units under one management or upon one tract of land. See TRAVEL TRAILER PARK.
TOWNHOUSE. A single-family dwelling unit constructed in a series or group of attached units with property lines separating the units.
TRAILER. Any conveyance without motive power designed for carrying persons or property and for being drawn by a motor vehicle. The term TRAILER, as used in this section, shall expressly include all recreational vehicles and campers which are not self-propelled and all boats and water vessels mounted on trailers, regardless of size.
TRAVEL TRAILER or MOBILE CAMPER. A self-powered or non-self-powered vehicle capable of being towed by an ordinary automobile or by the self-powered vehicle upon which it is constructed, whose primary use is temporary lodging while traveling or camping, and is not used for habitation except in designated areas while within the corporate limits of the town.
TRAVEL TRAILER PARK. A tract of land wherein tourists, transients, travelers or persons desiring temporary residence may be provided with designated spaces for parking travel trailers or equivalent facilities constructed in or on automotive vehicles, tents or other short-term housing devices.
VACANT. A building or parcel of land that is neither occupied nor used, or is in a nonusable state for a period of six months.
VARIANCE. A relaxation of the terms of this chapter where the variance will not be contrary to the public interest and where, owing to conditions peculiar to the property or lot of record and not the result of the actions of the applicant, prior to filing of application, a literal enforcement of this chapter would result in unnecessary and undue hardship. A VARIANCE is authorized only for height, area, 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 uses in an adjoining zoning district. No VARIANCE shall be allowed for financial or self-imposed hardship.
VETERINARY CLINIC. A place for the treatment of animals.
VIOLATION OF THIS CHAPTER. An act prohibited by any provision of this chapter as found by a jury or other trier of fact. Each violation occurring shall be considered a separate and distinct violation from any other occurring on the same day or in the same establishment or by the same person.
WATERCRAFT. Any water vessel, canoe, boat, jet skis or similar water vessel regardless of size and mode of power.
YARD. An open space on the same lot with a principal building, unoccupied and unobstructed by buildings from the ground to the sky except as otherwise provided in this chapter.
(1) FRONT YARD. The yard extending across the entire width of the lot between the back of curb and the nearest part of a principal building, including covered porches, sheds and carports. This distance shall be the shortest distance between the structure and the back of curb.
(2) REAR YARD. The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building, including covered porches, sheds, carports, garages and storage areas.
(3) SIDE YARD. The yard 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, sheds, carports and storage areas.
(2000 Code, § 66-3) (Ord. 75-01, passed 7-14-1975; Ord. 96-01, passed 1-29-1996; Ord. 97-01, passed 3-11-1997; Ord. 2004-07, passed 5-25-2004; Ord. 2006-15, passed 1-23-2007; Ord. 2009-05, passed 7-28-2009; Ord. 2011-06, passed 8-23-2011; Ord. 2011-12, passed 11-1-2011; Ord. 2012-12, passed 11-27-2012; Ord. 2012-13, passed 9-25-2012; Ord. 2013-01, passed 2-26-2013; Ord. 2013-02, passed 3-26-2013; Ord. 2014-01, passed 2-25-2014; Ord. 2014-04, passed 3-25-2014; Ord. 2017-01, passed 2-28-2017; Ord. 2018-02, passed 6-26-2018)