PART 13.02.00 DEFINITION OF TERMS

   For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABANDONED SIGN. Any nonconforming on-premises sign or sign structure which bears no sign or copy for a period of six consecutive months; or displays for a period of six consecutive months information which incorrectly identifies the business, owner, lessor or principal activity conducted on the site; or which through age, lack of maintenance or obsolescence no longer conforms to the applicable structural or maintenance standards.

   ABANDONMENT. To stop the use of property intentionally. When the use of a property has ceased and the property has been vacant for 12 months, abandonment of use will be presumed unless the owner can show that a diligent effort has been made to sell, rent or use the property for a legally permissible use.

   ABUTTING. Having a common border with or being separated from such a common border by a right-of-way, alley or easement.

   ACCESS. A means of vehicular or pedestrian approach, entry to or exit from property.

   ACCESS MANAGEMENT. The process of providing and managing access to land development while preserving the regional flow of traffic in terms of safety, capacity and speed.

   ACCESS POINT.

      (1)   A driveway, a local street or a collector street intersecting an arterial street;

      (2)   A driveway or a local street intersecting a collector street; or

      (3)   A driveway or a local street intersecting a local street.

   ACCESSORY APARTMENT. A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot.

   ACCESSORY STRUCTURE.  A subordinate structure detached from but located on the same lot as a principal building. The use of an ACCESSORY STRUCTURE must be identical and accessory to the use of the principal building.

   ACCESSORY USE. A structure or use that:

      (1)   Is subordinate in area, extent and purpose to the principal use;

      (2)   Contributes to the comfort, convenience or necessity of the principal use; and

      (3)   Is located on the same lot and in the same zoning district as the principal use.

   ACREAGE, GROSS. The acreage within the perimeter of a development tract, plus one-half the right-of-way of all adjoining streets and alleys.

   ACREAGE, NET. The area within lot boundaries of all lands comprising the building site. A net acre shall not include any portion of the abutting dedicated streets, alleys, waterways, canals, lakes or any such dedicated right-of-way by whatever name known.

   ACTIVATED SIGN. Any sign which contains or uses for illumination any light, lighting device or lights which change color, flash or alternate; or change appearance of the sign or any part thereof automatically; any sign which contains moving parts as part of its normal operation, such as rotating signs, shall be considered an ACTIVATED SIGN. Additionally, a sign that depicts or contains copy which moves or appears to be moving or emits audible sound, vapor, smoke, odor particles or gaseous matter.

   ADAPTIVE REUSE. Rehabilitation or renovation of existing building(s) or structures for any use(s) other than the present use(s).

   ADDITION.

      (1)   A structure added to the original structure at some time after completion of the original; or

      (2)   An extension or increase in site coverage, height, length, width or floor area of a building or structure.

   ADMINISTRATOR. Shall mean and be synonymous with the terms City Manager, Development Director, Zoning Administrator, Building Official, their designee or any other official authorized in this code to perform specific duties.

   ADULT USE, ADULT BOOKSTORE. An establishment that has a substantial portion of its stock-in- trade and offers for sale, for any form of consideration, any one or more of the following:

      (1)   Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representation that are characterized by an emphasis upon the depiction or description or projection of sexual activities or specified anatomical areas; or

      (2)   Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

   ADULT USE, MASSAGE PARLOR. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered, unless the treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

   ADVERSE IMPACT. A negative consequence for the physical, social or economic environment resulting from an action or project.

   ADVERTISER. Any person who is a lessee or owner of a sign, an agent of same or anyone who has beneficial use of a sign.

   ADVERTISING BALLOON. A sign constructed from nonporous material, which is inflated and is designed to rise and float in the atmosphere. Included in this definition are those ADVERTISING BALLOONS that represent the form of a person, place or thing. Aircraft that may meet this definition are not considered ADVERTISING BALLOONS. ADVERTISING BALLOONS may be tethered or tied to the ground or may be designed to float freely in the atmosphere.

   AESTHETIC ZONING. The regulation of building or site design to achieve desirable appearance.

   AFFORDABLE HOUSING. Housing for which monthly rents or monthly mortgage payments, including taxes, insurance and utilities, do not exceed 30% of that amount which represents the percentage of the median adjusted gross annual income for the households or persons indicated in Fla. Stat. § 420.0004. Affordable housing definitions that are prescribed by other affordable housing programs administered by either the United States Department of Housing and Urban Development or the State of Florida may be used by local governments if the programs are implemented by the local government to provide affordable housing. (Rule 9J-5)

   AGGRIEVED PARTY.

      (1)   Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of either the Zoning Officer or the Planning Board or the Zoning Board of Review or any official of the city involved in enforcement of this zoning code; or

      (2)   Anyone requiring notice pursuant to this zoning code.

   AGRICULTURAL PROTECTION ZONING. Regulations that protect the agricultural land base by limiting non-farm uses, prohibiting high-density development, requiring houses to be built on small lots and restricting subdivision of the land into parcels that are too small to farm.

   AGRICULTURAL-RELATED INDUSTRY.

      (1)   Packaging plants including, but are not limited to, washing sorting, crating and other functional operations such as drying, field crushing or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered, but does not include processing activities or slaughterhouse, animal reduction yards and tallow works.

      (2)   Processing plants including, but are not limited to, those activities which involve the fermentation or other substantial chemical and physical alteration of the agricultural product. Does not include slaughterhouses or rendering plants.

      (3)   Storage facilities includes controlled atmosphere and cold storage warehouses and warehouses for the storage of processed and/or packaged agricultural products.

   AGRICULTURAL USES. Activities within land areas which are predominantly used for the cultivation of crops and livestock including: cropland; pastureland; orchards; vineyards; nurseries; ornamental horticulture areas; groves; confined feeding operations; specialty farms; and silviculture areas. (Rule 9J-5)

   AIR RIGHTS. The ownership or control of all land, property and that area of space at and above a horizontal plane over the ground surface of and used for railroad or expressway purposes. The horizontal plane shall be at a height that is reasonable, necessary or legally required for the full and free use of the ground surface.

   AIRPORT APPROACH AREA. An imaginary surface longitudinally centered on the runway centerline, extending outward and upward from the end of the runway and is based upon the type of approach available or planned for that runway end.

   AIRPORT CLEAR ZONE. A designated area of land which is subject to peak aircraft noise and on which there is the highest potential of danger from airport operations. (Rule 9J-5)

   AIRPORT FACILITY. Any area of land or water improved, maintained or operated by a governmental agency for the landing and takeoff of aircraft or privately owned paved runways of 4,000 or more feet in length and any appurtenant area which is used for airport buildings or other airport facilities or rights-of-way. (Rule 9J-5)

   AIRPORT OBSTRUCTION. Any structure, object of natural growth, existing condition or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or which otherwise increases the risk of danger to aircraft operations. (Rule 9J-5)

   ALLEY. A public or private way permanently reserved as a secondary means of access to abutting property. An unnamed public or private right-of-way less than 22 feet wide that is primarily designed to serve as secondary access to the rear or side of those properties whose principal frontage is on some other street.

   ALTER (SIGNS). This term shall include, but not be limited to, the following: the addition of sign surface area, the changing or relocation of light source or the relocation of an outdoor advertising display from one position to another. ALTER includes any and all structural changes in the sign, but shall not include the changing of copy on a sign which is designed as a changeable copy sign or faces.

   ALTERATION. Any change, addition or modification in construction or occupancy of an existing structure. Any enlargement; addition; relocation; repair; remodeling, change in number of living units; development of or change in an open area; development of or change in a sign, by painting or otherwise; or other change in a facility, but excluding painting except as provided above for signs; ordinary maintenance for which no building permit is required; and demolition or removal.

   ALTERATION, INCIDENTAL. Modifications to a building or structure that are of a cosmetic nature, replacement of utilities, rearrangement of internal partitions. The replacement of load bearing walls is not to be construed as incidental alteration.

   ALTERATION, STRUCTURAL. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders; provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

   ALTERNATIVE TOWER STRUCTURE. Human-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

   AMATEUR RADIO TOWER. A freestanding or building-mounted structure, including any base, tower or pole, antenna and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the Federal Communications Commission.

   AMENITY. Aesthetic or other characteristics of a development that increase its desirability to a community or its marketability to the public. AMENITIES may differ from development to development but may include such things as a unified building design, recreational facilities (e.g., a swimming pool or tennis court), security systems, views, landscaping and tree preservation or attractive site design.

   AMENDMENT, COMPREHENSIVE PLAN. Any action of a local government which has too effect of amending, adding to, deleting from or changing an adopted Comprehensive Plan element or map or map series, including an action affecting a prior plan or plan amendment adoption ordinance, but shall not mean a legislative act which only codifies local legislation or makes corrections. updates and modifications of the capital improvements element concerning costs, revenue sources, acceptance of facilities or facility construction dates consistent with the plan as provided in Fla. Stat. § 163.3177(3)(b) and corrections, updates or modifications of current costs in other elements, as provided in Fla. Stat. § 163.3187(2),. Throughout this chapter, references to a plan or Comprehensive Plan shall also be deemed to refer to a plan amendment. (Rule 9J-5)

   AMORTIZATION. A method of eliminating nonconforming uses or structures by requiring the termination of the nonconforming use or structure after a specified period of time.

   ANIMAL BOARDING PLACE. Any structure, land or combination thereof used, designed or arranged for the boarding, breeding or care of dogs, cats, pets, fowl, horses or other domestic animals for profit, but exclusive of animals used for agricultural purposes.

   ANNEXATION. The act or process of adding land to a governmental unit, usually an incorporated place, by an ordinance, a court order or other legal action.

   ANNUAL BED. Any landscape where the majority of the plants are replaced yearly or more frequently.

   ANTENNA. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.

   ANTENNA, TELECOMMUNICATION. Any exterior apparatus or design for telephonic radio or television communications through the sending and/or receiving of electromagnetic waves.

   ANTIQUE MALL. A building that is partitioned to provide spaces for the sale of antiques by antique dealers, for items such as clocks, lamps, clothing rugs, toys, furniture and the like.

   APARTMENT. A room or suite of rooms, with toilet and culinary accommodations, used or designed for use as a residence by a family, located in a building containing two or more such rooms or suites or located in a building devoted primarily to nonresidential use.

   APARTMENT HOTEL. A building designed for or containing both apartments and individual hotel guest rooms under resident supervision (maintaining) an inner lobby through which all tenants must pass to gain access to apartments and hotel rooms.

   AQUACULTURE. The hatching, raising and breeding of fish or other aquatic plants or animals for sale or personal use.

   AQUIFER. A geologic formation, group of formations or part of a formation that contains sufficient saturated, permeable material to yield significant quantities of water to wells and springs.

   ARCADE. An area contiguous to a street or plaza that is open and unobstructed to a height of not less than 12 feet and that is accessible to the public at all times. Any portion of an ARCADE occupied by building columns, landscaping, statuary, pools or fountains shall be considered part of the arcade for the purpose of computing a floor-are premium credit. The term ARCADE shall not include off-street parking areas or open pedestrian walkways. The floor of any ARCADE shall be level with the adjoining street or plaza.

   ARCADED SIDEWALK. A covered pedestrian walkway contiguous to a street, plaza or square that is open to the public.

   ARCHAEOLOGICAL RESOURCES. Material evidence of past human activity found below the surface of the ground or water, portions of which may be visible above the surface.

   ARCHERY RANGE. An outdoor facility that may include buildings or structures used for target practice with bows and arrows.

   ARCHITECTURAL FEATURES. Architectural features of a building shall include cornices, eaves, gutters, belt courses, sills, lintels, by windows, chimneys and decorative ornaments.

   ARCHITECTURAL RECESSES. Portions of a building wall at street level which are set back from the street line so as to create articulation of the building wall and/or to provide space for windows or doors, provided the recesses are not part of the required public space or open space of a lot.

   ARCHITECTURAL REVIEW. Regulations and procedures requiring the exterior design of structures to be suitable, harmonious and in keeping with the general appearance, historic character, and/or style of surrounding areas. A process used to exercise control over the design of buildings and their settings.

   AREA OF SHALLOW FLOODING. A designated AO Zone on a Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.

   AREA OF SPECIAL FLOOD HAZARD. Land in the flood plain subject to a 1% or greater change of flooding in any given year.

   ART GALLERY. An establishment engaged in the sale, loan or display of art books, paintings, sculpture or other works of art. This clarification does not include libraries, museums or non- commercial art galleries.

   ART, PUBLIC. Any visual work of art displayed for two weeks or more in an open city-owned area on the exterior of any city-owned facility, within any city-owned facility in areas designated as public area, lobbies or public assembly areas or on non-city property if the work of art is installed or financed, either wholly or in part, with city funds or grants procured by the city.

   ARTERIAL ROAD. A roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length. and high operating speed. In addition, every United States numbered highway is an ARTERIAL ROAD. (Rule 9J-5)

   AUTOMOBILE, COMPACT. Any vehicle less than six feet wide and 15 feet long.

   AUTOMOBILE DEALERSHIP. A retail business primarily housed in a structure and characterized by a mixture of related uses upon a commercial site; however, the principal use of the site shall be the marketing of new or used automobiles, whether by sale, rent, lease or other commercial or financial means. Secondary supporting uses may also exist upon the same site, such as maintenance, repair and service areas, parts storage areas and financial service areas.

   AUTOMOBILE DEALERSHIP, NEW. The use of any building, land area or other premises or portion thereof, for the display, sale or lease of new automobiles, panel trucks or vans, trailers or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use.

   AUTOMOBILE DEALERSHIP, USED. The use of land for the display or sale of used automobiles, panel truck or vans, trailers or recreations vehicles.

   AUTOMOBILE REPAIR SERVICES. Any building, structure, improvements or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers or similar vehicles including, but not limited to, body, fender, muffler or upholstery work, oil change and lubrication, painting, tire service and sales or installation of CB radios, car alarms, stereo equipment or cellular telephones.

   AUTOMOBILE SALES LOT. Premises on which new or used passenger automobiles, trailers, mobile homes or trucks in operating condition are displayed in the open for sale or trade. Any such lot where vehicles are sold. Vehicles on these lots must be able to pass state vehicle inspection requirements.

   AWNING. A temporary hood or cover that projects from the wall of a building and that may include a type which can be retracted, folded or collapsed against the face of a supporting building.

   BANNER. A mounted piece of cloth, fabric or other non-rigid material displaying or not displaying an emblem, insignia, motto, slogan or other message. Examples of the BANNERS include, but are not limited to, streamers, bunting, pennants, ensigns and standards which are not included under the definition of flag.

   BAR. An area primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of the beverages.

   BASE FLOOD. The flood, from whatever source, having a 1% chance of being equaled or exceeded in any given year, otherwise commonly referred to as the 100-year flood.

   BASE FLOOD ELEVATION. That elevation, expressed in feet above mean sea level, to which flooding can be expected to occur on a frequency of once in every 100 years or which is subject to a 1% or greater chance of flooding in any given year.

   BEACON LIGHT. Any light source, whether fixed or activated, which is designed to attract attention to a specific location, place or thing.

   BEAUTY SALON. Any commercial establishment, residence, vehicle or other establishment, place or event wherein cosmetology is offered or practiced on a regular basis for compensation; may include the training of apprentices under regulations of the board.

   BED-AND-BREAKFAST (B&B). A transient lodging establishment, generally in a single-family dwelling and/or detached guesthouses, primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals for compensation.

   BERM. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.

   BEST MANAGEMENT PRACTICES. Conservation practices or systems of practices and management measures that:

      (1)   Control soil loss and reduce water-quality degradation caused by nutrients, animal waste, toxins and sediment;

      (2)   Minimize adverse impacts to surface water and groundwater flow, circulation patters and to the chemical, physical and biological characteristics of wetlands; and

      (3)   Includes allowing proper use and storage of fertilizers/pesticides.

   BICYCLE AND PEDESTRIAN WAYS. Any road, path or way which is open to bicycle travel and traffic afoot and from which motor vehicles are excluded. (Rule 9J-5)

   BIG-BOX RETAIL. A singular retail or wholesale user who occupies no less than 75,000 square feet of gross floor area, typically requires high parking to building area ratios and has a regional sales market. Regional retail/wholesale sales can include, but are not limited to, membership warehouse clubs that emphasize bulk sales, discount stores and department stores.

   BILLBOARD. See Outdoor Advertising Sign.

   BLIGHT. Unsightly condition including the accumulation of debris, litter, rubbish or rubble; fences characterized by holes, breaks, rot, crumbling, cracking, peeling or rusting; landscaping that is dead, characterized by uncontrolled growth or lack of maintenance or damaged; and any other similar conditions of disrepair and deterioration regardless of the condition of other properties in the neighborhood.

   BLOCK. An area of land bounded by a street or by a combination of streets and public parks, cemeteries, railroad rights-of- way, exterior boundaries of a subdivision, shorelines of waterways or corporate boundaries.

   BOARD OF ADJUSTMENT. A local body, appointed by the City Council, whose responsibility is to hear appeals from decisions of the director of planning and development and to consider requests for variances and exceptions.

   BOARDING HOUSE. A single- family dwelling where more than two, but fewer than six rooms are provided for lodging for definite periods of times. Meals may or may not be provided, but there is one common kitchen facility. No meals are provided to outside guests.

   BORROW PIT. An area from which soil or other unconsolidated material are removed to be used, without further processing, as fill for activities such as landscaping, building construction or highway construction and maintenance. Any place or premises where dirt, soil, sand, gravel or other material is removed below the grade of surrounding land, for any purpose other than that necessary and incidental to site grading or building construction.

   BOUNDARY. A line, which mayor may not follow a visible feature, that defines the limits of a geographic entity such as a block, block numbering area, census tract, county or place.

   BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

   BREEZEWAY. A structure for the principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings.

   BROKER IDENTIFICATION STRIP. A strip of wood or like material or paper affixed to, around or upon a real estate sign to indicate the name of the broker advertising the sale of property.

   BROWNFIELD. Abandoned, idled or underused industrial and commercial facilities where expansion or redevelopment is completed by real or perceived environmental contamination.

   BUFFER, PERIMETER LANDSCAPE. A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other.

   BUFFER STRIP. A portion of a lot or a land area used to visually separate one use from another through the use of vegetation, screening and distance; to shield or obstruct noise illumination, visual or other incompatibilities or nuisances. A buffer is measured from the common property line of the different uses.

   BUFFERYARD. A unit of land, together with a specified type and amount of planting thereon and any structures which may be required between land uses to eliminate or minimize conflicts between them.

   BUFFER ZONE. An area of land separating two distinct land uses that acts to soften or mitigate the effects of one land use on the other.

   BUILDABLE AREA. The area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance have been met.

   BUILDOUT. Development of land to its full potential.

   BUILDING, UNSAFE. All buildings or structures that have any or all of the following defects shall be deemed dangerous buildings:

      (1)   Whenever the building or structure or any portion thereof, because of:

         (a)   Dilapidation, deterioration or decay;

         (b)   Faulty construction;

         (c)   The removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building;

         (d)   The deterioration, decay or inadequacy of its foundation; or

         (e)   Any other cause, is subject to structural failure under its design usage.

      (2)   Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become:

         (a)   An attractive nuisance to children;

         (b)   A harbor for vagrants, criminals or immoral persons; or as to

         (c)   Enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

      (3)   Whenever a building or structure, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities or otherwise is determined by the city or county Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

      (4)   Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus or other cause is determined to be a fire hazard.

      (5)   Whenever any portion of a building or structure remains on a site after the demolition or destruction or whenever any building or structure is vacant and open to unauthorized entry for a period in excess of six months so as to constitute the building or portion thereof an attractive nuisance or hazard to the public.

      (6)   Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

      (7)   Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

      (8)   Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before the catastrophe.

      (9)   Whenever any portion or member or appurtenance thereof is likely to fail or to become detached or dislodged or to collapse and thereby injure persons or damage property.

   BUILDING, DETACHED. Any building or structure separated by at least five feet in horizontal distance from any other building or structure.

   BUILDING FRONTAGE. The linear length of a building facing a public street right-of-way, exclusive of alleys; or the linear length of the street right-of-way that faces the building, whichever is smaller.

   BUILDING, PRINCIPAL. A building in which the primary use of the lot on which the building is located is conducted.

   BUILD-TO LINE. An alignment established a certain distance away from the curb line along which the front elevation of a building must be built.

   CABIN/COTTAGE. Living quarters in a building separate from and in addition to the main residential building on a lot, used for intermittent or temporary occupancy by non-paying guests; provided that the quarters have no kitchen, cooking facilities or kitchen sink. The quarters shall not be rented, leased or otherwise made available for compensation of any kind.

   CABINET OR WOODWORKING SHOP. Any business that stores, saws, shapes or fabricates wood products for assembly on or off of the premises.

   CALIPER. A measurement in the landscape or nursery trade (not the timber industry) for a tree trunk taken at six inches above the ground for trunks up to and including four-inch diameter size and 12 inches above the ground for tree diameter of larger sizes. Note: Caliper measurements are typically one inch more than d.b.h.

   CAMPGROUND. Temporary or permanent buildings, tents or other structures established or maintained as a temporary wing quarter, operated continuously for a period of five days or more for recreation, religious, education or vacation purposes.

   CAMP, RECREATION. An establishment consisting of a permanent building or group of permanent buildings used periodically by an association of persons where seasonal accommodations for recreational purposes are provided only to the members of the association and not anyone who may apply.

   CANDLEPOWER. Luminous intensity expressed in candes. The amount of light that will illuminate a surface one foot distant from a light source to an intensity of one footcandle. Maximum (peak) CANDLEPOWER is the largest amount of CANDLEPOWER emitted by any lamp, light source or luminaire.

   CAPACITY. The maximum lawful level of designed use of any structure or part thereof, as determined by the city’s adopted Building Code and expressed in terms of occupants, seats, persons, employees or other units specified by the Building Code.

   CAPITAL BUDGET. That portion of each local government’s budget which reflects capital improvements scheduled for a fiscal year. (Rule 9J-5)

   CAPITAL IMPROVEMENT. Physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale and high in cost. The cost of a CAPITAL IMPROVEMENT is generally nonrecurring and may require multi-year financing. For the purposes of this rule, physical assets which have been identified as existing or projected needs in the individual Comprehensive Plan elements shall be considered CAPITAL IMPROVEMENTS.

   CAPITAL IMPROVEMENTS BUDGET. The capital improvement program put into dollars and cents terms, indicating the prorated amount to be expended for each project listed over a given period and including the sources of revenue.

   CAPITAL IMPROVEMENTS ELEMENT (CIE). That portion of the Comprehensive Plan which guides the provision of the needed capital improvements identified in the other plan elements.

   CAPITAL IMPROVEMENTS PROGRAM (CIP). A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. Included are all major projects requiring the expenditure of public funds, over and above the annual local government’s operating expenses, for the purchase, construction or replacement of the physical assets for the community.

   CAR WASH, INDUSTRIAL. Mechanical facilities for the washing, waxing and vacuuming of automobiles, heavy trucks and buses.

   CAR WASH, SELF-SERVICE. A car wash wherein the customer provides labor and where no self- propelled wash racks are provided.

   CARNIVAL. A traveling or transportable group or aggregation of rides, shows, games or concessions or any combination thereof.

   CARPORT. A permanent roofed structure permanently open on at least two sides, designed for or occupied by private passenger vehicles.

   CARRYING CAPACITY ANALYSIS. Used in determining the potential of an area to absorb development.

      (1)   The level of land use, human activity or development for a specific area that can be accommodated permanently without an irreversible change in the quality of air, water, land or plant and animal habitats.

      (2)   The upper limits of development beyond which the quality of human life, health, welfare, safety or community character within an area will be impaired.

      (3)   The maximum level of development allowable under current zoning. A measure of the ability of a region to accommodate the growth and development within the limits defined by existing infrastructure and nature resource capabilities.

   CATERING SERVICE. An establishment that serves and supplies food to be consumed off premises.

   CENTRAL BUSINESS DISTRICT (CBD). A business, office and residential district to provide a full range of services and a variety of uses in a downtown atmosphere.

   CERTIFICATE OF COMPLETION. A written document required prior to occupancy, issued for a use upon a developer’s compliance with the provisions of this code and any applicable development agreement.

   CERTIFICATE OF OCCUPANCY. A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.

   CERTIFIED ARBORIST. An arborist certified by the International Society of Arboriculture (ISA) or a Registered Consulting Arborist with the American Society of Consulting Arborists (ASCA).

   CERTIFICATE OF OCCUPANCY (CO). An official document evidencing that a building satisfies the city requirements for occupancy of a building.

   CHANGE OF USE. When the principal use of all or part of a structure and/or property is altered from one use to another or altered from a vacant structure or property to a new use.

   CHARITABLE ORGANIZATION. Nonprofit organizations that are supported primarily by charity and whose principal function is the performance of charitable works or religious activities. This definition shall include but not be limited to churches mosques, synagogues or other religious institutions. Not included in this definition are social organizations and clubs.

   CHILD CARE CENTER. Any place operated by a person, society, agency, corporation, institution or any other group that is licensed by the state wherein are received seven or more children under 17 years of age who are not related to the person and whose parents or guardians are not residents in the same house and with the person, society, agency, corporation or institution responsible for the control and care of children enrolled therein. A facility other than a private residence, receiving one or more minor children for care for periods of less than 24 hours a day and where the parents or guardians are not immediately available to the child. CHILD CARE CENTER or day care center does not include a facility that provides care for less than two consecutive weeks, regardless of the number of hours or care per day. The facility is generally described as CHILD CARE CENTER, day care center, day nursery, nursery school, parent cooperative pre-school, play group or drop-in center. CHILD CARE CENTER or day care center does not include a Sunday school conducted by a religious organization where children are cared for during short periods of time while persons responsible for the services are attending religious activities. An establishment that provides regular shelter, care, activity and supervision (with or without academic instruction) for five or more children.

   CHILD DAY CARE HOME. A private home in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. Group day care home includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.

   CIRCUMFERENCE. The distance around the periphery of a tree at four and one-half feet above existing grade.

   CLEAR-CUTTING. Removal of an entire stand of trees and shrubs.

   CLEAR VISION TRIANGLE. The vision triangle at a street intersection or street and railroad intersection shall be formed horizontally, by measuring 40 feet along the roadway edges or roadway and railroad track edges from the intersection of the roadway edges or roadway edge and railroad track and connecting those points and vertically by measuring between three feet and ten feet into the lot as measured from the sidewalk edge that is closest to the property line (or from the property line if no sidewalk exists) and 20 feet along the sidewalk edge (or property line if no sidewalk exists) parallel to the street and vertically by measuring between three feet and ten feet above grade. An area of unobstructed vision at street intersections between three and eight feet above the gutter line and within a triangular area at the street corner, which area is bounded by:

      (1)   The street property lines of the comer lot and a line connecting points 25 feet distant from the intersection of the property lines of the lot; or

      (2)   The curb lines of an intersection and a line connecting points 35 feet distant from the corner of the intersection, the corner determined by projecting the curb lines out to a specific point, whichever is the lesser.

   CLUBHOUSE. A building to house a club or social organization not conducted for private profit, as documented by state or federal records and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.

   CLUSTERING. The grouping together of structures and infrastructure on a portion of a development site. (9J-5)

   CLUSTER DEVELOPMENT. A development design technique that concentrates buildings in specific areas on a site to allow remaining land to be used for recreation, common open space or the preservation of historically or environmentally sensitive features. A residential use that divides land into not more than the number of lots permissible. A conventional subdivision on the same property in the same zone, but where the size of individual lots may be reduced in order to gain common open space. Development in which a number of dwelling units are placed in closer proximity than usual or are attached, with the purpose of retaining an open space area. The site planning technique of grouping dwelling units around courts, parking areas, common open spaces and private drives as opposed to fronting all on a public street.

   COFFEE HOUSE. An informal restaurant primarily offering coffee, tea and other beverages and where light refreshments and limited menu meals may also be sold.

   COLLECTOR ROAD. A roadway providing service which is of relatively moderate traffic volume, moderate trip length and moderate operating speed. COLLECTOR ROADS collect and distribute traffic between local roads or arterial roads. (Rule 9J-5)

   COMMEMORATIVE DECORATION. An embellishment placed to honor a certain event, person or place.

   COMMERCIAL. Engaging in a business, enterprise, activity or other undertaking for profit.

   COMMERCIAL DISTRICT. Any parcel or parcels of land or water zoned OP, C1, C2 and C3 or any areas designated and used for commercial purposes within a PUD/MPUD District as defined by Article II of the Land Development Code, as subsequently amended.

   COMMERCIAL NURSERY. An ongoing business licensed for the planting, growing and sale of plants and trees.

   COMMERCIAL USES. Activities within land areas which are predominantly connected with the sale, rental and distribution of products or performance of services. (Rule 9J-5)

   COMMON AREA. Land within a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include complementary structures and improvements.

   COMMON PARKING AREA. A vehicle parking area that has parking spaces which are freely accessible to all vehicles.

   COMMUNICATION TOWER. Any structure over 30 feet in height above ground level designed to support antennas or transmission cables.

   COMMUNITY GARDEN. A piece of land that is managed and maintained by a group of people to grow and harvest food crops and non-food ornamental crops, such as flowers, for personal or group use, consumption, donation, or limited sale. A community garden may be divided into separate plots for cultivation by one or more individuals, or may be farmed collectively by members of a group, and may include common areas maintained and used by group members.

   COMMUNITY PARK. A park located near major roadways and designed to serve the needs of more than one neighborhood. (Rule 9J-5)

   COMMUNITY REDEVELOPMENT DISTRICT (CRA). Zoning district as defined in City of Zephyrhills Ordinance #1097-12 and Master Plan.

   COMPATIBILITY. A condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. (Rule 9J-5)

   COMPATIBLE.

      (1)   Having harmony in design and/or appearance between two or more attributes of a structure;

      (2)   Having harmony in design and/or appearance between two or more structures;

      (3)   Having harmony in design and/or appearance between two or more attributes of a neighborhood; or

      (4)   Having harmony in use or function between two or more attributes of a neighborhood or area.

   COMPREHENSIVE PLAN. A plan for development of an area which recognizes the physical, economic, social, political, aesthetic and related factors of the community involved.

   CONCURRENCY. The necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. (Rule 9J-5)

   CONCURRENCY MANAGEMENT SYSTEM. The process used to determine that public facilities and services needed to support development are available concurrent with the impacts of the development.

   CONDITIONAL ZONING. The attachment of special conditions to a rezoning that are not spelled out in the text of the zoning chapter. Conditions can include restrictions as to use, size, design and development timing and can be stipulated by the City Council as a means to mitigate potential adverse impacts that could be expected to occur without imposing the conditions.

   CONDOMINIUM. A multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of (state and local laws). Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. The ownership of individual dwelling units located on a lot or lots which are owned in common by individual unit owners or any division of the interests in real property, including easements and leases of over five years, that have the effect of permitting more than one dwelling unit on a lot without the division of the fee simple interest in the lot.

   CONE OF INFLUENCE. Zones delineated by iso-travel time contours and the one foot drawdown contour within cones of depression of wells which obtain water from the unconfined or surficial aquifer system. These zones are calculated, based on the rate of movement of groundwaters in the vicinity of wells at a specific pumping rate.

   CONSERVATION. The management of natural resources to prevent waste, destruction or degradation.

   CONSERVATION ELEMENT. One of the seven state-mandated elements of a local general plan, it contains adopted goals, policies and implementation programs for the conservation, development and use of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources.

   CONSERVATION USES. Activities or conditions within land areas designated for the purpose of conserving or protecting natural resources or environmental quality, including areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, commercially or recreationally valuable fish and shellfish or protection of vegetative communities or wildlife habitats. (Rule 9J-5)

   CONSIGNMENT STORE. A retail establishment engaged in selling used merchandise, such as clothing, furniture, books, shoes or household appliances, on consignment or retail establishment engaged in selling donated used merchandise that is operated by an organization granted federal tax exemption pursuant to section 501(c)(3) of the Internal Revenue Service Code as amended. Merchandise is brought to the establishment and processed by marking, cleaning, sorting and storing as a major part of the principal use. The stores do not include those selling vehicle, auto parts, scrap or waste.

   CONSISTENT. Free from variation or contradiction. Programs in the general plan are to be CONSISTENT, not contradictory or preferential. State law requires consistency between a general plan and implementation measures such as the zoning ordinance.

   CONSTRUCTION FIELD OFFICE. A mobile home, travel trailer, truck trailer, and/or other structure used as an office in conjunction with a construction project. Only one construction or field office shall be allowed per construction site.

   CONTIGUOUS. In contact, adjoining or touching another object, item, parcel or area, as distinguished from being adjacent.

   CONVALESCENT CENTER. A building wherein for compensation, nursing care is provided for persons suffering from illness, other than mental or contagious, which is not of sufficient severity to require hospitalization or persons requiring further institutional care after being discharged from a hospital other than a mental hospital. Occupancy of a convalescent home by any patient shall not exceed 30 days within any calendar year.

   CONVENIENCE STORE. A small retail establishment usually located within or associated with another use that offers for sale convenience goods, such as prepackaged food items, tobacco, periodicals and other household goods.

   COPY. The letters, colors, text or other graphics which comprise the message displayed upon the sign surface area.

   CORNER STORE. A small store located in a multi-story mixed use building devoted to the retail sale of a limited line of food and household items with a corner entrance.

   CORNICE. Any horizontal member, structural or nonstructural, of any building, projecting outward from the exterior walls at the roof line, including eaves and other roof overhang.

   COST-BENEFIT ANALYSIS. An analytic method whereby the actual and hidden costs of a proposed project are measured against the benefits to be received from the project.

   COVERED WALKWAY. A pedestrian walkway that is covered by a roofed structure that may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extending from the ground.

   DAMAGE. Any action or inaction which does not follow good arboricultural practices as established by the National Arborist Association. It also includes DAMAGE inflicted upon roots by machinery, changing the natural grade above the root system or around the trunk, destruction of the natural shape or any action which causes infection, infestation or decay.

   DAY CARE CENTER. A place other than an occupied dwelling that provides for the care of children or adults; or a large care home. Those receiving care are not all related to each other by blood or marriage and are not legal wards or foster children of the attendant adults and for which care a payment, fee or grant is made. Of those receiving care, only dependents of a large care home operator may reside on the site.

   DECIBEL A-WEIGHTED (DBA). A unit for describing the amplitude of sound as measured on a sound level meter using the A-weighting network.

   DECIDUOUS. A plant with foliage that is shed annually.

   DELICATESSEN. An establishment where food is sold for consumption off-premises and no counters or tables for on-premises consumption of food are provided, but excludes groceries and supermarkets.

   DENSITY. An objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre. (Rule 9J-5)

   DENSITY BONUS. The granting of the allowance of additional density in a development in exchange for the provision by the developer of other desirable amenities from a public perspective (e.g., public open spaces, plazas, art, landscaping and the like).

   DENSITY, GROSS. The numerical value obtained by dividing the total number of dwelling units in a development by the gross area of the tract of land (in acres) within a development. This would include all nonresidential land uses and private streets of the development, as well as rights-of. way of dedicated streets; the result being the number of dwelling units per gross acre of land.

   DENSITY, MAXIMUM ALLOWABLE. The number of dwelling units allowed on a parcel of land based upon the gross, overall area of the parcel without any consideration for land areas required for road rights-of-way, easements and other nonresidential uses. However, in using gross area to compute allowable dwelling units, the overall area of the parcel shall be adjusted by subtracting the area of any sub parcel of unbuildable or submerged lands, In computing the MAXIMUM ALLOWABLE DENSITY for any parcel, any fractional dwelling count shall be equal to zero dwelling units.

   DENSITY, NET. The numerical value obtained by dividing the total number of dwelling units in a development by the area of the actual tract of land (in acres) upon which the dwelling units are proposed to be located and including common open space and associated recreational facilities within the area; the result being the number of dwelling units per net residential acre of land. NET DENSITY calculations exclude rights-of-way of publicly dedicated streets and private streets. The total number of dwelling units divided by the net project area. In determining NET DENSITY, all land area associated with and accessory to the dwelling unit, including private streets and driveways, off-street parking facilities and common open space and recreational facilities, shall be included in the calculation. NET DENSITY calculations exclude rights-of-way of publicly dedicated streets and nonresidential structures, land uses and accessory facilities.

   DESIGN REVIEW/DESIGN CONTROL. The comprehensive evaluation of a development and its impact on neighboring properties and the community as a whole, from the standpoint of site and landscape design, architecture, materials, colors, lighting and signs, in accordance with a set of adopted criteria and standards. DESIGN CONTROL requires that certain specific things be done and that other things not be done. DESIGN CONTROL language is most often found within a zoning ordinance. DESIGN REVIEW usually refers to a system set up outside of the zoning ordinance, whereby projects are reviewed against certain standards and criteria by a specially established design review board or committee.

   DETENTION AREA. An area that is designed to capture specific quantities of storm water and to gradually release the stormwater at a sufficiently slow rate to avert flooding.

   DEVELOPABLE ACRES, NET. The area within the development boundaries, not including areas for public or private streets, driveways or utility easements.

   DEVELOPER’S AGREEMENT. An agreement by a developer with the city that clearly establishes the developer responsibility regarding specified aspects of a development project such as project phasing, the provision of public and private facilities and improvements and any other mutually agreeable terms and requirements.

   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. (Fla. Stat. Ch. 380)

   DEVELOPMENT CONTROLS. Standards in the Comprehensive Plan which control the development or use of land and which are in addition to the densities, intensities and uses assigned to land by the future conditions maps. (Rule 9J-5)

   DEVELOPMENT IMPACT FEE. See Impact fee.

   DEVELOPMENT OF REGIONAL IMPACT (DRI). Any development that, because of its character, magnitude or location, would have a substantial effect upon the health, safety or welfare of citizens of more than one county. (Rule 9J-2)

   DEVELOPMENT PERMIT. A permit signifying compliance with the provisions of this ordinance as to design, use, activity, height, setbacks, density, site planning, special use status, and/or planned unit development status.

   DEVELOPMENT RIGHT. The right to develop land by a land owner who maintains fee-simple ownership over the land or by a party other than the owner who has obtained the rights to develop. The rights usually are expressed in terms of density or intensity allowed under existing zoning. For example, one DEVELOPMENT RIGHT may equal one unit of housing or may equal a specific number of square feet of gross floor area in one or more specified zone districts.

   DIAMETER (BREAST HEIGHT) (DBH). The diameter, in inches, of a tree trunk measured at four and one-half feet above existing grade. D.B.H. is also referred to as the diameter of a tree. Note: D.B.H. measurements are typically one inch larger than caliper measurements.

   DOWNZONING. A change in the zoning classification of land to a classification permitting development that is less intensive or dense, such as from multi-family to single-family or from commercial to industrial to residential. A change in the opposite direction is called “upzoning.”

   DRAINAGE.

      (1)   Surface water runoff; and

      (2)   The removal of surface water or groundwater in a manner that releases the storm water at a sufficiently slow rate to avert flooding from land by drains, grading or other means that include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply and the prevention or alleviation of flooding.

   DRAINAGE BASIN (or STORM WATER BASIN). The area defined by topographic boundaries which contributes storm water to a watershed, drainage system, estuarine waters or oceanic waters, including all areas artificially added to the basin. (Rule 9J-5)

   DRAINAGE DETENTION STRUCTURE. A structure which collects and temporarily stores storm water for the purpose of treatment through physical, chemical or biological processes with subsequent gradual release of the storm water. (Rule 9J-5)

   DRAINAGE FACILITIES (or STORM WATER MANAGEMENT FACILITIES). A system of human-made structures designed to collect, convey, hold, divert or discharge storm water and includes storm water sewers, canals, detention structures and retention structures. (Rule 9J-5)

   DRAINAGE RETENTION STRUCTURE. A structure designed to collect and prevent the release of a given volume of storm water by complete on-site storage. (Rule 9J-5)

   DRIP LINE. An imaginary perpendicular line that extends downward from the outermost branches of a tree to the ground.

   DRIVEWAY, COMMON. A driveway shared by adjacent property owners and privately owned and maintained.

   DRIVEWAY, CROSS ACCESS. A service drive providing vehicular access between two or more continuous sites so the driver need not enter the public street system.

   DRUG STORE. A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies and nonprescription medicines. Non-medical products may be sold as well.

   DUPLEX. A structure containing two dwelling units, each of which has direct access to the outside.

   DWELLING. A building or part of a building, containing living, sleeping, housekeeping accommodations and sanitary facilities for occupancy by one or more families. A building or structure of portion thereof, designed for occupancy by one family for residential purposes as a single housekeeping unit. In no case shall a motor home, trailer coach, automobile chassis, tent or portable building be considered a DWELLING.

   DWELLING, MULTI-FAMILY. A dwelling or group of dwellings on one lot, containing separate living units for three or more families, having separate or joint entrances and including apartments, group homes, row house and condominiums; also multiple dwellings.

   DWELLING, SINGLE-FAMILY. A building designed exclusively for and occupied exclusively by one family.

   DWELLING, THREE-FAMILY. A building designed exclusively for or occupied exclusively by no more than three families living independently of each other in three separate dwelling units.

   DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

   EASEMENT. A grant by a property owner to the use of land by the public, a corporation or persons for specific purposes as the construction of utilities, drainage ways and roadways.

   EASEMENT, ACCESS. An easement created for the purpose of providing vehicular or pedestrian access to a property.

   EAVE. The projecting lower edges of a roof overhanging the wall of a building.

   EDUCATIONAL USES. Activities and facilities of public or private primary or secondary schools, vocational and technical schools and colleges and universities licensed by the Florida Department of Education, including the areas of buildings, campus open space, dormitories, recreational facilities or parking. (Rule 9J-5)

   ELDERLY HOUSING. A multiple-family structure, controlled by either a public body, institutional body or nonprofit corporation, 80% of whose occupants shall be 65 years of age or over or a multiple-family structure where each unit is occupied by at least one person who is 55 years of age or over and is retired and where the rental arrangement includes a requirement that all members of each household consume at least one meal per day in a congregate dining facility contained within the multiple-family structure.

   ELDERLY HOUSING, ASSISTED LIVING. Services in these establishments include assistance with daily activities, such as dressing, grooming, bathing and the like. These are also referred to as board and care establishments.

   ELDERLY HOUSING, CONGREGATE CARE FACILITY. Funded through the 1978 Congregate Housing Services Act, many of these establishments served meals and other services in low-income and federally subsidized housing. Now, many establishments provide the services to other nonsubsidized housing facilities and the services they offer include housekeeping, laundry, transportation, recreational programs and other convenient stores. A facility for long-term residence exclusively by persons 60 years of age or older and which shall include, without limitation, common dining and social and recreational features, special safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways and doorways designed to accommodate wheelchairs and the provision of social services for residents which must include at least two of the following: meal services, transportation, housekeeping, linen and organized social activities.

   ELDERLY HOUSING, LIFECARE or CONTINUING CARE SERVICES. Retirement centers operated by traditional church or social welfare organization where residents turn their entire assets in exchange for housing, personal care, convenience care and some health care. Recently, some of these centers developed other financial arrangement (instead of turning over all assets) for those who want these services. Other terms used for the establishments are: endowment facilities, founder’s care facilities, continuing care retirement centers and the like.

   ELDERLY HOUSING, RESIDENTIAL CARE FACILITY. A facility that provides primarily non-medical resident services to seven or more individuals in need of personal assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding members of the resident family or persons employed as facility staff, on a 24-hour a day basis.

   ELDERLY/RETIREMENT HOUSING. A residential complex containing multifamily dwellings designed for and principally occupied by senior citizens. The facilities may include a congregate meals program in a common dining area, but exclude institutional care such as medical or nursing care and are distinguished from life care retirement centers as elsewhere defined.

   ELECTRONIC MESSAGE CENTER (EMC). An on-premises electronically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location.

   EMPLOYEE PARKING AREA. The portion of total required parking at a development used by on-site employees. Unless specified in the city’s zoning/building code, employee parking shall be calculated as follows: commercial: 30% (devoted to employees); Office/professional: 85%; Industrial/manufacturing: 90%.

   ENDANGERED SPECIES. A species of animal or plant is considered to be endangered when its prospects for survival and reproduction are in immediate jeopardy from one or more causes.

   ENVIRONMENTALLY SENSITIVE LANDS. Areas of land or water which are determined necessary by the local government, based on locally determined criteria, to conserve or protect natural habitats and ecological systems. (Rule 9J-5)

   ERECT. To build, construct, attach, hang, place, suspend or affix and shall also include the painting of wall signs. This term shall not apply to copy changes on existing permitted signs.

   ESTABLISHMENT. Any commercial, industrial, institutional, educational, office, business, social, fraternal or financial entity.

   EVACUATION ROUTES. Routes designated by county civil defense authorities or the regional evacuation plan for the movement of persons to safety in the event of a hurricane. (9J-5)

   EVERGREEN. A plant with foliage that persists and remains green in color year-round.

   EXACTION. A contribution or payment required as an authorized precondition for receiving a development permit and usually refers to mandatory dedication (or fee in lieu of dedication) requirements found in many subdivision regulations.

   EXTENT. The amount of development, including the area or size in acres. (Rule 9J-5)

   FAA. The Federal Aviation Administration.

   Facade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

   FCC. The Federal Communication Commission.

   FEE SIMPLE. A form of land ownership that includes all property rights, including the right to develop land.

   FESTOON. Fabric, paper, plastic or foil draped and bound at intervals.

   FIXED RACK. Solar energy system equipment that holds solar arrays stationary at a fixed angle and orientation.

   FIXED RACK TRACKER. Solar energy system equipment that sense the direction of the sun and tilts the solar arrays as needed for maxiumum exposure to the light.

   FLEA MARKET. An outdoor commercial activity, not including shopping centers, individual retail operations or sales conducted by a non-profit or charitable organization, that is open to the general public and composed of five or more semi-enclosed or outdoor stalls, rooms, stands or spaces used for the purpose of display and sale, exchange or barter of merchandise.

   FLOOD PLAINS. Areas inundated during a l00-year flood event or identified by the National Flood Insurance Program as an A Zone or V Zone on flood insurance rate maps or flood hazard boundary maps. (Rule 9J-5)

   FLOODPRONE AREAS. Areas inundated during a 100-year flood event or areas identified by the National Flood Insurance Program as an A Zone on Flood Insurance Rate Maps or Flood Hazard Boundary Maps. (Rule 9J-5)

   FLOOD HAZARD BOUNDARY MAP (FHBM). An official map used by the Federal Emergency Management Agency where the boundaries of the area of special flood hazard have been defined as “Zone A”.

   FLOOD INSURANCE RATE MAP (FIRM). An official map 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.

   FLOOR AREA, GROSS. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

   FLOOR AREA RATIO (FAR). The floor area of a building or buildings on a lot divided by the lot area. (See illustration)

   FOOD STORE. A retail establishment primarily selling food as well as other convenience and household goods.

   FUNCTIONAL RELATIONSHIP. A complementary and interactive relationship among land uses or development, including at a minimum a substantial and positive exchange of human interaction, goods, resources, institutions, services, jobs or workers between land uses or developments. (Rule 9J-5)

   GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building.

   GRADING. The act of excavation or filling or combination thereof or any leveling to a smooth horizontal or sloping surface on a property, but not including normal cultivation associated with an agricultural operation.

   GRANDFATHERED. The status accorded certain properties, uses and activities that are legally existing prior to the day of adoption of the zoning ordinance or provisions of the zoning ordinance.

   GRAND TREE. A tree and its root system of the species listed in Schedule A located in § 7.06.02 whose circumference, height and crown measurements are of the size and character to total the minimum points for the species as outlines in Schedule A.

   GREENHOUSE. A building made primarily of glass, plastic, or fiberglass in which plants are cultivated.

   GROUND COVER. Any ornamental plant or grass which grows along the ground.

   GROUNDWATER. Water that occurs beneath the land surface, also called subsurface water or subterranean water. GROUNDWATER includes water in the zone of saturation of a water- bearing formation.

   GROUNDWATER RECHARGE. The natural process of infiltration and percolation of rainwater from land areas or streams through permeable soils into water holding rocks that provide underground storage (“aquifers”).

   GROUNDWATER RECHARGE AREA. A catchment basin or watershed underlain by layers of alternating permeable and impermeable strata such that excess rainfall not lost by evapotranspiration or runoff is retained and stored in subterranean porous layers of soil. (Components of such a system could include ponds, wetland swales, bay forests, dunes and marsh.)

   GROUP HOME. A facility which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents. Adult congregate living facilities comparable in size to group homes are included in this definition. It shall not include rooming or boarding homes, clubs, fraternities, sororities, monasteries or convents, hotels, residential treatment facilities, nursing homes or emergency shelters. (9J-5)

   GROWTH MANAGEMENT. The use by a community of a wide range of techniques in combination to determine the amount, type and rate of development desired by the community and to channel that growth into designated areas. GROWTH MANAGEMENT policies can be implemented through growth rates, zoning, capital improvement programs, public facilities ordinances, urban limit lines, standards for levels of service and other programs. The use by a community of a wide range of techniques in combination to permit it to determine its own amount, type and rate of growth and channel it into designated areas.

   GUEST HOUSE.

      (1)   An attached or detached building that provides living quarters for guests and:

         (a)   Contains no kitchen or cooking facility;

         (b)   Is clearly subordinate and incidental to the principal residence on the same building site; and

         (c)   Is not rented or leased, whether compensation be direct or indirect.

      (2)   An attached or detached accessory building used to house guests of the occupants of the principal building and which is not rented nor offered for rent.

   HAZARDOUS WASTE. Solid waste or a combination of solid wastes, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. (Rule 9J-5)

   HEALTH CARE FACILITY. A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, diagnostic center, treatment center, rehabilitation center, extended care center, nursing home, intermediate care facility, outpatient laboratory or central services facility serving one or more institutions.

   HEDGE. A close planting of shrubs which forms a compact, dense, living barrier which protects, shields, separates or demarcates an area from view and which is 18 to 24 inches tall at installation and has an 80% opacity within 12 months after planting.

   HEIGHT (SIGNS). The vertical distance measured from the finished grade at the base of the sign structure to the highest point of any sign. An elevation survey must be submitted with all applications for permanent on-site and off site signs.

   HISTORIC, CERTIFIED LOCAL GOVERNMENT. A government meeting the requirements of the National Historic Preservation Act of 1966, as amended and the implementing regulations of the U.S. Department of the Interior and the State of Florida.

   HISTORIC, CERTIFICATE OF APPROPRIATENESS. A document evidencing approval by the Historic Preservation Board of an application to make a material change in the appearance of a designated Historic Property or of a property located within a designated Historic District.

   HISTORIC, CONTRIBUTING RESOURCE. A building, structure, site or object which is at least 50 years old and which is located within the boundaries of a designated historic district or historic property and which contributes to the historic or architectural character of the property or district.

   HISTORIC, DEMOLITION. An act or process that destroys or razes in whole or in part a resource or permanently impairs its structural integrity.

   HISTORIC DISTRICT. A geographically definable area designated by the Board as a historic district pursuant to the criteria established in the ordinance codified herein.

   HISTORIC, EXTERIOR ARCHITECTURAL FEATURES. The architectural style, general design and arrangement of the exterior of a building or other structure, including, but not limited to, the building material and type, style and material of windows, doors, signs and other appurtenant architectural fixtures, features, details or elements relative to the foregoing.

   HISTORIC, FLORIDA CONFERENCE OF PRESERVATION BOARDS AND COMMISSIONS. A coalition of Florida historic preservation boards and commissions. Formed under the auspices of the Florida Trust for Historic Preservation, its primary functions are to educate preservation commission members and to enable commissions to share ideas.

   HISTORIC, LOCAL REGISTER OF HISTORIC PLACES. A listing of buildings, structures, sites, objects and districts that have attached a level of local, state or national historical and architectural significance.

   HISTORIC, MATERIAL CHANGE. A change in appearance that will affect either the exterior architectural of a designated historic property or resource located within a designated historic district, such as:

      (1)   A reconstruction or alteration of the size, shape or facade including additions, relocation of any doors or windows or removal, obscuring or alteration of any architectural features, details or elements (excluding exterior paint and colors);

      (2)   A demolition or relocation; and/or

      (3)   A new construction.

   HISTORIC, NATIONAL REGISTER OF HISTORIC PLACES. A United States Department of the Interior listing of buildings, sites, structures, objects and districts that have attained a quality of significance and integrity as determined by the National Historic Preservation Act of 1966, as amended.

   HISTORIC, NON-CONTRIBUTING RESOURCE. A building, structure, site or object which is not 50 years old and which is located within the boundaries of a designated historic district or historic property but does not contribute to the historic or architectural character of the property or district.

   HISTORIC, ORDINARY REPAIRS OR MAINTENANCE. Any work for which a building permit is not required by law where the purpose and effect of the work is to correct any deterioration or decay of or damage to a resource or any part thereof and to restore the same, as nearly as may be practicable, to its conditions prior to the occurrence of the deterioration, decay or damage.

   HISTORIC PRESERVATION. The preservation of historically significant structures and neighborhoods until such time as and in order to facilitate, restoration and rehabilitation of the building(s) to a former condition.

   HISTORIC PROPERTIES. An individual building, structure, site or object including the adjacent area necessary for the proper appreciation thereof designated by the Board as a historic property pursuant to the criteria established in Article IV of the ordinance codified herein.

   HISTORIC RESOURCES. All areas, districts or sites containing properties listed on the Florida master site file, the National Register of Historic Places or designated by a local government as historically, architecturally or archaeologically significant.

   HISTORIC, SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION AND GUIDELINES FOR REHABILITATING HISTORIC BUILDINGS. A federal document stating standards and guidelines for the appropriate rehabilitation and preservation of historic buildings.

   HISTORIC, STATE HISTORIC PRESERVATION OFFICER. The official designated to administer the state historic preservation program established for purpose of carrying out the provisions of the National Historic Preservation Act of 1966, as amended.

   HISTORIC STRUCTURE. Any structure that is:

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

      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to quality as a registered historic district;

      (3)   Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of Interior; or

      (4)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior; or directly by the Secretary of the Interior in states without approved programs.

   HISTORIC SURVEY(S). Comprehensive surveys conducted by historic preservation professional including the identification, research and documentation of buildings, structures, sites and objects of historical, cultural, archaeological or architectural importance in the City of Zephyrhills.

   HISTORIC, UNDUE ECONOMIC HARDSHIP. Any action taken or desired under Article IV of the ordinance codified herein which would place an onerous and excessive financial burden upon an owner that would amount to the taking of the owner’s property without just compensation.

   HOLIDAY DECORATION. An embellishment placed specifically for the purpose of celebrating a specific holiday, holiday event or holiday season.

   HOME OCCUPATION. An occupation carried on in a dwelling unit by the resident thereof; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof.

   HOMEOWNER’S ASSOCIATION. An incorporated nonprofit organization operating under recorded land agreements through which:

      (1)   Each lot owner is automatically a member; and

      (2)   Each lot is automatically subject to a proportionate share of the expenses for the organization’s activities, such as maintaining common property.

   HOOPHOUSE. A structure made of PVC piping or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape.

   HOTEL. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests and is not a rooming or boarding house as herein defined.

   HOUSING, LOW-INCOME. Housing that is affordable, according to the U. S. Department of Housing and Urban Development, for either home ownership or rental and that is occupied, reserved or marketed for occupancy for households with a gross household income that does not exceed 50% of the median gross household income for households of the same size within the housing region in which the housing is located.

   HURRICANE SHELTER. A structure designated by local officials as a place of safe refuge during a storm or hurricane. (Rule 9J-5)

   IMPACT. The effect of any direct human-made actions or indirect repercussions of human-made actions on existing physical, social or economic conditions. The effect on the local public facilities in a given area produced by the additional population attracted by development.

   IMPACT FEE. A payment of money imposed by city on development activity pursuant to this chapter as a condition of granting development approval and/or a building permit in order to pay for the planned facilities needed to serve new growth and development activity. IMPACT FEE does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, the cost of reviewing independent fee calculations or the administrative fee required for an appeal.

   IMPACT FEE, TRANSPORTATION. The impact fee designated to pay for public streets and roads. A payment of money required from development, as a condition of development approval, to pay for transportation facilities needed to serve new growth and development and that is reasonably related to the new development that (creates additional demand and need for transportation facilities, that is a proportionate share of the cost of the public facilities and that is used for facilities that reasonably benefit the new development. A TRANSPORTATION IMPACT FEE may be used to pay for system improvement costs previously incurred by the city, to the extent that new growth and development will be served by the previously constructed improvements, provided the fee shall not be imposed to make up for any system improvement deficiencies. A TRANSPORTATION IMPACT FEE does not include a reasonable permit or application fee.

   IMPERVIOUS SURFACE. Any hard- surfaced, human-made area that does not readily absorb or retain water, including, but not limited to, building roofs, parking and driveway areas, graveled areas, sidewalks and paved recreation areas.

   IMPERVIOUS SURFACE RATIO (ISR). A ratio derived by dividing the amount of the site that is covered by any material that substantially reduces or prevents the infiltration of storm water by the total horizontal area of the lot. Impervious surfaces include, but are not limited to, roofs, streets, sidewalks and parking lots paved with asphalt, concrete, compacted sand, compacted gravel or clay.

   IMPROVEMENT. Any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping or other object constituting a physical addition to real property or any part of the addition.

   INDUSTRIAL DISTRICT. Any parcel or parcels of land or water zoned LI or any areas designated and used for industrial purposes within a PUD/MPUD District as defined by the zoning ordinance enacted in the Land Development Code March 1990, and as subsequently amended.

   INDUSTRIAL USES. The activities within land areas predominantly connected with manufacturing, assembly, processing or storage of products. (Rule 9J-5)

   INDUSTRY, HEAVY. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involves hazardous or commonly recognized offensive conditions.

   INDUSTRY, LIGHT. A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of the products, but excluding basic industrial processing.

   INFILL. Development or redevelopment of land that has been bypassed, remained vacant, and/or is underused as a result of the continuing urban development process. Generally, the areas and/or sites are not particularly of prime quality, however, they are usually served by or are readily accessible to the infrastructure (services and facilities) provided by the applicable local governmental entity. Use of the lands for new housing and/or other urban development is considered a more desirable alternative than to continue to extend the outer development pattern laterally and horizontally thus necessitating a higher expenditure for capital improvements than would be required for infill development. The use of infill development, among others, promotes the best use of resources and also will tend to have a positive impact upon the tax and other fiscal policies.

   INFILL DEVELOPMENT. Development of vacant skipped-over parcels of land in otherwise built-up areas. Local governments are showing increasing interest in INFILL DEVELOPMENT as a way of containing energy costs and limiting costs of extending infrastructure into newly developing areas. INFILL DEVELOPMENT also provides an attractive alternative to new development by reducing loss of critical and resource lands to new development and by focusing on strengthening older neighborhoods.

   INFRASTRUCTURE. Those human-made structures which serve the common needs of the population, such as: sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; storm water systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways. (Rule 9J-5)

   INGRESS. Access, entry point or entrance.

   INSET PARKING SPACES. Parallel, angled or perpendicular parking spaces located on a private street, where the street and parking spaces are constructed in a manner so that there is a clear definable linear street travel way, from which parking spaces have a recessed appearance caused by groups of parking spaces being separated by landscaped islands at lease as large as two full-size perpendicular parking spaces or one parallel parking space and with no more than eight perpendicular parking spaces in a row or no more than four parallel parking spaces in a row, between the landscaped islands.

Inset Parking (on Private Roadway)

   INTENSITY. An objective measurement of the extent to which land may be developed or used, including the consumption or use of the space above, on or below ground; the measurement of the use of or demand on natural resources; and the measurement of the use of or demand on facilities and services (Rule 9J-5). The range or scale or concentration of findings, often measured by floor area ratios or building coverage. The magnitude of activity affecting the development of densities, traffic flow, commercialism, tourism and land use. Any ratio that assesses the relative level of activity of a land use, including, but not limited to, a floor area ratio, building coverage ratio or impervious surface ratio.

   IRRIGATION SYSTEM (AUTOMATIC). A permanent underground watering system equipped with surface, subsurface or overhead emitters and which provides 100% water coverage.

   JUNKYARD. A building structure or parcel of land or portion thereof, used for collecting, storage or sale of waste paper, rags, scrap metal, rubber tires, bottles or discarded material. Where the materials are a byproduct of a permitted use, the activity shall be considered outdoor storage.

   KENNEL. Any premises, except where accessory to an agricultural use, where domestic animals, such as dogs and cats, are boarded, trained or bred.

   KIOSK. A freestanding structure upon which temporary information and/or posters, notices and announcements are posted or a freestanding building with one or more open sides from which commercial activities are conducted.

   LAND ALTERATION. Any activity which removes vegetation from or changes the topography of the land by grubbing, tree removal, clearing, grading, filling or excavating, except for activities undertaken to maintain existing grounds.

   LAND BANKING. The acquisition of land by a local government or other public purpose entity for use or resale at a later date. Banked lands have been used for development of low-and moderate-income housing, expansion of parks and development of industrial and commercial centers. Federal rail banking law allows railroads to bank unused rail corridors for future rail use while allowing interim use as trails.

   LAND CLEARING. The removal of vegetation from any site, parcel or lot except when land is cleared and cultivated for bona fide agricultural or garden use in a district permitting the use. Mowing, trimming, pruning or removal of vegetation to maintain it in a healthy, viable condition is not considered clearing.

   LAND USE ELEMENT. A plan or scheme designating the location and extent of use for agriculture, timber production, housing, commerce, industry, recreation, open spaces, public utilities, public facilities and other land uses as required by the (state’s) Growth Management Act.

   LANDSCAPE. The planting of plant material, native plant material, recommended trees, grand trees or protected trees, including retention of existing, in such a away as to conserve, preserve and enhance land uses, natural features and natural and aesthetic values. Nonliving natural material which permits percolation may also be used as accessory material in landscaping.

   LANDSCAPE PLAN. A plan that meets the requirements set forth in § 7.06.00.

   LANDSCAPED VISUAL BARRIER. Evergreen trees, and/or evergreen shrubs providing equivalent buffering, planted to provide a year-round dense screen within three years from the time of planting.

   LANDSCAPING, INTERIOR. A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).

   LANDSCAPING, PERIMETER. A landscaped area adjoining and outside the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).

   LARGE RETAIL PROJECT. Any new commercial retail building, whose total gross leasable area equals or exceeds 25,000 square feet, specifically mercantile uses, and/or shopping center uses.

   LEAPFROG DEVELOPMENT. New development separated from existing development by substantial vacant land. Development that occurs well beyond the existing limits of development and thus leaves intervening vacant land behind. This bypassing of the next-in-line lands at the urban fringe results in the haphazard shotgun pattern of urbanization known as “sprawl”.

   LEVEL OF SERVICE. An indicator of the extent or degree of service provided by or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. LEVEL OF SERVICE shall indicate the capacity per unit of demand for each public facility. (Rule 9J-5)

   LEVEL OF SERVICE STANDARD (LOS), TRAFFIC. A scale that measures the amount of traffic that a roadway or intersection can accommodate, based on such factors as maneuverability, driver dissatisfaction and delay. Level of service A indicates a relatively free flow of traffic, with little or no limitation on vehicle movement or speed. Level of service B describes a steady flow of traffic, with only slight delays in vehicle movement and speed. All queues clear in a single signal cycle. Level of service C denotes a reasonably steady, high-volume flow of traffic, with some limitations on movement and speed and occasional backups on critical approaches. Level of service D designates the level where traffic nears an unstable flow. Intersections still function, but short queues develop and cars may have to wait through one cycle during short peaks. Level of service E represents traffic characterize by slow movement and frequent (although momentary) stoppages. This type of congestion is considered severe, but is not uncommon at peak traffic hours, with frequent stopping, longstanding queues and blocked intersections. Level of service F describes unsatisfactory stop-and-go traffic characterized by “traffic jams” and stoppages of long duration. Vehicles at signalized intersections usually have to wait through one or more signal changes and “upstream” intersections may be blocked by the long queues.

   LIMITED ACCESS FACILITY. A roadway especially designed for through traffic and over, from or to which owners or occupants of abutting land or other persons have no greater than a limited right or easement of access. (Rule 9J-5)

   LIVE-WORK QUARTERS. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

   LOADING SPACE. An off-street space on the same lot with a building or group of buildings for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

   LOT. A parcel of land occupied or intended for occupancy by a use, including one main building, together with any accessory buildings, open spaces and parking spaces required by this chapter and having its principal frontage upon a street or upon an officially approved Zephyrhills place. A parcel of land recorded in the Office of the Clerk of the Court or a parcel described by metes and bounds, the description of which has been so recorded. A contiguous parcel of land in identical ownership throughout, bounded by other lots or streets and used or set aside and available for use as the site of one or more buildings or other definite purpose. For the purpose of this title, a LOT may or may not coincide with a lot of record.

   LOT COVERAGE. A measure of intensity of land use that represents the portion of a site that is impervious (i.e. does not absorb water). This portion includes, but is not limited to, all areas covered by buildings, parked structures, driveways, roads, sidewalks and any area of concrete asphalt. In the case of lumberyards, areas where lumber is stored also constitutes impervious surfaces.

   LOT, DOUBLE FRONTAGE. A lot having frontage on two non-intersecting streets, as distinguished from a comer lot.

   LOT, NONCONFORMING. A lot that lawfully existed prior to the enactment of the requirements of this chapter, but which does not meet the minimum lot size or lot width requirements of the zoning district in which it is located.

   LOT OF RECORD. A lot that is part of a recorded subdivision or a parcel of land that has been recorded at the county recorder’s office containing property tax records.

   LUMBER YARD. An area used for the storage, distribution and sale of finished or rough-cut lumber and lumber products, but not including the manufacture or fabrication of lumber, lumber products or firewood.

   MAIN STREET. A neighborhood shopping area sometimes having a unique character that draws people from outside the area.

   MAINTAIN. Includes general servicing and upkeep in a safe, operable and attractive condition.

   MAJOR TRIP GENERATORS or ATTRACTORS. Concentrated areas of intense land use or activity that produces or attracts a significant number of local trip ends. (Rule 9J-5)

   MANUFACTURED HOUSING. A factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. § 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site and which does not have wheels or slides permanently attached to its body or frame.

   MANUFACTURING, HEAVY. The manufacture or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.

   MANUFACTURING, LIGHT. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of the products and incidental storage, sales and distribution of the products, but excluding basic industrial processing and custom manufacturing.

   MARQUEE. A canopy or covered structure projecting from and supported by a building.

   MASTER PLAN. A comprehensive long-range plan intended to guide growth and development of a community or region and one that includes analysis, recommendation and proposals for the community’s population economy, housing, transportation, community facilities and land use.

   MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY. The retail sales component of a medical marijuana treatment center that has been licensed by the Florida Department of Health Office of Medical Marijuana Use pursuant to Fla. Stat. § 381.986, and is authorized by the state to dispense marijuana, but does not include the cultivation, processing, or distribution facilities of the medical marijuana treatment center.

   MEGACHURCH. A large, specialized type of house of worship that includes such nontraditional accessory uses as retail safes, residential uses, amusement parks and sports and entertainment facilities, as an integrated part of the development.

   METES AND BOUNDS. A description of land prepared by a state-registered land surveyor providing measured distances and courses from known or established points on the surface of the earth.

   METROPOLITAN PLANNING ORGANIZATION (MPO). A local government entity that has legal jurisdiction over a geographic area for government service planning such as transportation and land-use planning.

   MINERALS. All solid minerals, including clay, gravel, phosphate rock, lime, shells (excluding live shellfish), stone, sand, heavy minerals and any rare earths, which are contained in the soils or waters of the state. (Rule 9J-5)

   MINIMUM OUTDOOR TOWNHOUSE LIVING AREA. Means and includes areas such as porches, patios, decks, balconies, private enclosed yards and similar private, individual areas exclusive to the townhouse dwelling unit. Excludes automobile storage areas and open space.

   MINIMUM TOWNHOUSE LIVING AREA. The area of a townhouse dwelling unit that is heated and cooled and exclusive of garages.

   MINING. All or any part of the process involved in the mining of minerals by removing overburden and mining directly from the mineral deposits, open pit mining or minerals naturally exposed, mining by auger method, dredging and quarrying, underground mining and surface work incidental to an underground mine.

   MITIGATION. Measures taken to eliminate or minimize damages from development activities, such as construction in wetlands or regulatory floodplain filling, by replacement of the resource or other means of compensation.

   MIXED-USE DEVELOPMENT. A single building containing more than one type of land use or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

   MOBILE HOME. A structure, transportable in one or more sections, which is eight body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein. For tax purposes, the length of a MOBILE HOME is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism to the exterior of the wall at the opposite end of the home where the walls enclose living or other interior space. The distance includes expandable rooms, but excludes bay windows, porches, drawbars, couplings, hitches, wall and roof extensions or other attachments that do not enclose interior space. In the event that the mobile home owner has no proof of the length of the drawbar, coupling or hitch, then the tax collector may in his or her discretion either inspect the home to determine the actual length or may assume four feet to be the length of the drawbar, coupling or hitch. (Fla. Stat. § 320.01). This definition applies only to units constructed prior to June 15, 1976.

   MOBILE HOME PARK. A parcel of land under one ownership that has been planned and improved for the placement of two or more mobile homes for rental purposes for nontransient use.

   MODERATE-INCOME PERSONS. One or more natural persons or a family, the total annual adjusted gross household income of which is less than 120% of the median annual adjusted gross income for households within the state or 120% of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. (Fla. Stat. § 420.0004)

   MORATORIUM. A freeze on all new development pending the completion, adoption or revision of a Comprehensive Plan.

   MOTEL. A building or group of buildings in which lodging is provided to transient guests, offered to the public for compensation and in which access to and from each room or unit is through an exterior door.

   MOTOR VEHICLE, ABANDONED. A vehicle that does not bear a current license plate unless the vehicle is stored within a completely enclosed building or unless it is stored on a bona fide sales lot and is in a satisfactory operating condition.

   MOTOR VEHICLE, COMMERCIAL. Any vehicle used or designed to be used for business or commercial purposes that infringes on the residential character of residential districts and includes, but is not necessarily limited to: a bus, cement truck, commercial tree-trimming equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-trailer, stake bed truck, step van, tank truck, tar truck or other commercial type vehicle licensed by the (state) as a commercial vehicle or truck.

   MULCH. Any material applied to the soil surface to retain soil moisture, control erosion, inhibit weeds, and/or regulate soil temperatures.

   MULTIPLE-FAMILY BUILDING. A detached building designed and used exclusively as a dwelling by three or more families occupying separate suites.

   MULTIPLE LISTING STRIP. A strip of wood or like material or paper affixed to, around or upon a real estate sign to indicate that the property being advertised for sale is also advertised within the real estate industry by virtue of their multiple listings service.

   MULTIPLE OCCUPANCY PARCEL. Any parcel that is occupied by more than one establishment.

   MURAL. Artwork applied to the wall of a building that covers all or substantially all of the wall and depicts a scene or event of natural, social, cultural or historic significance.

   NATIVE PLANT MATERIAL. Any plant material indigenous to central Florida and which is naturally grown or commercially propagated or cultivated for the nursery or landscaping industry.

   NATURAL DRAINAGE FEATURES. The naturally occurring features of an area which accommodate the flow of significant amounts of storm water, such as streams, rivers, lakes, sloughs, floodplains and wetlands. (Rule 9J-5)

   NATURAL DRAINAGE FLOW. The pattern of surface and storm water drainage through or from a particular site before the construction or installation of improvements or prior to regrading. (Rule 9J-5)

   NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. Areas contributing to or providing volumes of water which make a contribution to the storage or regional flow of an aquifer. NATURAL GROUNDWATER RECHARGE AREAS or “groundwater recharge areas” have the same meaning.

   NEIGHBORHOOD CONVENIENCE STORE. Establishments primarily engage in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages and limited household supplies and hardware. NEIGHBORHOOD CONVENIENCE STORES shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores.

   NEIGHBORHOOD PLAN. The master plan for a particular neighborhood or district that provides specific design standards and guidelines regulating the development and use of the property.

   NEIGHBORHOOD PARK. A park which serves the population of a neighborhood and is generally accessible by bicycle or pedestrian ways. (Rule 9J-5)

   NEOTRADLTLONAL DEVELOPMENT. An approach to land-use planning and urban design that promotes the building of neighborhoods with a mix of uses and housing types, architectural variety, a central public gathering place, interconnecting streets and alleys and edges defined by greenbelts or boulevards. The basic goal is integration of the activities of potential residents with work, shopping, recreation and transit all within walking distance.

   NEW URBANISM. The process of reintegrating the components of modern life, housing, workplace, shopping and recreation, into compact, pedestrian-friendly, mixed-use neighborhoods linked by transit and set in a larger regional open space framework. Refer to Neotraditional Development.

   NONCONFORMING ACTIVITY. An activity that, under the zoning regulations, is not itself a permitted activity where it is located or does not conform to the off-street parking or loading requirements, performance standards or other requirements applying to activities. However, an activity of the character described above shall not be deemed a NONCONFORMING ACTIVITY to the extent that it has been or is hereafter authorized by a subsisting conditional use permit variance or other special zoning approval.

   NONCONFORMING BUILDING. A structure or building, the size, dimensions or location of which was lawful prior to the adoption of, revision or amendment to a zoning ordinance, but which fails by reason of the adoption, revision or amendment to conform to the present requirements of the zoning district.

   NONCONFORMING STRUCTURE. A structure or part of a structure not designed to comply with the applicable use provisions of Article XII of this code or amendments heretofore or hereafter enacted, where the structure lawfully existed prior to the enactment of Article XII of this code. Such NONCONFORMING STRUCTURES include, but are not limited to, nonconforming signs.

   NONPOINT SOURCE POLLUTION. Any source of water pollution that is not a point source. (Rule 9J-5)

   NONPROFIT ORGANIZATION. Any person(s), partnership, association, corporation or other group whose activities are conducted for unselfish, civic or humanitarian motives or for the benefit of others and not for the gain of any private individual or group and may include, but shall not be limited to patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, charitable, scientific, historical, athletic or medical activities.

   NONRESIDENTIAL DISTRICT. Any parcel or parcels of land or water zoned other than ER, R-1, R2, TNR, R-3, R-4, M-1, M-2, M-3, M-4 or any areas designated and used within a PUD/MPUD district for residential purposes as defined by Article II of this code and as subsequently amended.

   NURSING HOME. A home licensed by the state for the aged or chronically or incurably ill persons in which five or more such persons not of the immediate family are provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

   OFFICE, PROFESSIONAL. The office of a member of a recognized profession maintained for the conduct of that profession. A profession is a vocation, calling, occupation or employment requiring training in the liberal arts or sciences or combination thereof, requiring advanced study in a specialized field; any occupation requiring licensing by the state and maintenance of professional standards applicable to the field.

   OFFICE, PROFESSIONAL DISTRICT. A district that includes the less intensive office and professional center land uses including low-rise office parks, single freestanding office buildings, depository facilities, such as banks and residential structures converted to office use.

   OFFICIAL ZONING ATLAS. A map or series of maps adopted by the City Council and maintained by the Administrator depicting the division of the incorporated area of the city into zoning districts as specifically established in § 2.02.01 of this code.

   OIL CHANGE FACILITY. Operations that provided lubrication and/or checking, changing or additions of those fluids and filters necessary to the maintenance of a vehicle. It is intended that these services will be provided while customers wait, generally within a 15- to 20-minute time period.

   OPEN SPACE. Any land or area, the preservation of which in its present use would:

      (1)   Conserve and enhance natural or scenic resources;

      (2)   Protect streams or water supply;

      (3)   Promote conservation of soils, wetlands, beaches or tidal marshes;

      (4)   Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries; or

      (5)   Enhance recreation opportunities.

   OPEN SPACE, COMMON. An open space within a residential development reserved for the exclusive use of residents of the development and their guests.

   ORNAMENTAL TREE. A deciduous tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.

   OUTDOOR DISPLAY AREA. An area of designated size used for the display of merchandise or tangible property normally vended within the contiguous business or organization. Multiple items may be displayed on a rack but shall not be stacked upon each other. The placement of goods for sale or for advertisement, outside of the building or structure, including, but not limited to, vehicles, garden supplies, gas, tires, motor oil, food and beverages (vending machines), boats and farm equipment, motor homes and clothes.

   OVERLAY ZONE. Superimposing certain additional requirements upon a basic use zoning district without altering the requirements of the basic use district. In the instance of conflicting requirements, the stricter of the conflicting requirement shall apply.

   PARAPET. That portion of a wall which extends above the roof line.

   PARCEL. Any quantity of land being capable of being described with such definiteness that its location and boundaries may be established and which is designated by its owner or developer as land to be used or developed as a unit.

   PARK. A neighborhood, community or regional park. (Rule 9J-5)

   PARK, MINIPARK. Small neighborhood park of approximately one acre or less.

   PARK, NEIGHBORHOOD. City- or county-owned land intended to serve the recreation needs of people living or working within one-half mile radius of the park.

   PARK, PASSIVE USE. A park featuring passive recreation pursuits, such as interpretive programs and trail systems that take advantage of geological, biological or scenic resources located within the park but not including recreational facilities such as swimming pools, gyms and playing fields.

   PARK, PRIVATE. A tract of land presently owned or controlled and used by private or semi- public persons, entities, groups and the like, for active and/or passive recreational purposes.

   PARKING AREA, PUBLIC. An open area, excluding a street or other public way, used for the parking of automobiles and available to the public, whether for free or for compensation.

   PARKING LOT. An off-street, surfaced, ground level open area, for the temporary storage of five or more motor vehicles.

   PARKING LOT, COMMERCIAL. A parcel of land or portion thereof used for the parking or storage of motor vehicles as a commercial enterprise for which any fee is charged independently of any other use of the premises.

   PARKING, OFF-STREET. Space occupied by automobiles on premises other than streets. A space adequate for parking a motor vehicle with room for opening doors on both sides, together with property related access to a public street or alley and maneuvering room.

   PARKING, ON-STREET. The storage space for an automobile that is located within the street right-of- way.

   PARKING, SHARED. A public or private parking area used jointly by two or more uses.

   PARKING SPACE, COMPACT. A space in a garage or parking area, not less than 7.75 feet wide clear dimension and 16 feet long clear dimension, reserved for the parking of only one compact automobile.

   PARKING SPACE, TANDEM. A parking space within a group of two or more parking spaces arranged one behind the other. An arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces.

   PATIO HOUSE. A detached, single-family unit typically situated on a reduced-size lot that orients outdoor activity within rear or side yard patio areas for better use of the site for outdoor living space.

   PEDESTRIAN-ORIENTED DEVELOPMENT. Development designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and building, rather than on auto access and parking areas. The building is generally placed close to the street and the main entrance is oriented to the street sidewalk. There are generally windows or display cases along building facades which face the street. Typically, buildings cover a large portion of the site. Although parking areas may be provided, they are generally limited in size and they are not emphasized by the design of the site.

   PENNANT. Any flag-like or streamer-like piece of cloth, plastic, foil or paper attached to any staff, cord, building or other structure at only one or two edges, the remainder hanging loosely.

   PERFORMANCE BOND. A document issued by a surety, in return for a fee or premium, guaranteeing the performance of the terms and conditions of a development approval.

   PERFORMANCE STANDARDS. Zoning regulations that permit uses based on a particular set of standards of operation rather than on particular type of use. PERFORMANCE STANDARDS provide specific criteria limiting noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts and visual impact of a use.

   PERMIT. An official document authorizing performance of a specific activity.

   PERMIT, SPECIAL USE. A permit that authorizes the recipient to make use of property in accordance with the requirements of the ordinance codified herein as well as any additional requirements imposed by the Board of Adjustment.

   PERVIOUS AREA. A permeable surface area which allows passage of surface water and air to the root system of a tree. A PERVIOUS AREA shall be free of significant amounts of clay, shell, marl, limestone or other road-base material unless expressly permitted in the context thereof, but may be surfaced with turf blocks or similar nontoxic products.

   PERVIOUS SURFACE. A surface that presents an opportunity for precipitation to infiltrate into the ground.

   PLANNED DEVELOPMENT (PD). A tract of land developed as a unit under single ownership or unified control, which includes one or more principal buildings or uses and is processed under the planned unit development provisions of the ordinance codified herein. Also, a parcel of land planned as a single unit, rather than as an aggregate of individual lots, with design flexibility from traditional siting regulations (such as side yards, setbacks and height limitations) or land-use restrictions (such as prohibitions against mixing land uses within a development). The greater flexibility in locating buildings and in combining various land uses often makes it possible to achieve certain economics in construction, as well as the preservation of open space and the inclusion of many amenities.

   PLANT MATERIAL. Any ground covers, shrubs, turf or vines which are commercially propagated or cultivated for the nursery or landscaping industry.

   PLANTING STRIP. A section of land not less than ten feet in width intended to contain plant materials and for the purpose of creating a visual separation between uses or activities.

   PLAT, FINAL RECORD. The final map of all or a portion of a subdivision or site plan that is presented to the proper review authority for final approval.

   PLAT, PRELIMINARY. A map of a subdivision of land showing required features that is submitted to the platting authority for purposes of preliminary consideration and approval. Preliminary approval may be given to typical land subdivision, abbreviated, right-of-way acquisition and tideland plats.

   POINT SOURCE POLLUTION. Any source of water pollution that constitutes a discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture. (Rule 9J-5)

   POLLUTION. The presence in the outdoor atmosphere, ground or water of any substances, contaminants, noise or human-made or man-induced alteration of the chemical, physical, biological or radiological integrity of air or water, in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life or property or unreasonably interfere with the enjoyment of life or property. (Rule 9J-5)

   PORCH. A platform extending from a building entrance. The structure may or may not be roofed and not be more than 75% enclosed by walls.

   POROUS PAVING SYSTEM. A system providing erosion control, softening hard surfaces, reducing storm water/snow-melt runoff, and/or providing green space. The system includes concrete, plastic or other systems that may incorporate grass or other landscaped surfaces.

   POTABLE WATER FACILITIES. A system of structures designed to collect, treat or distribute potable water and includes water wells, treatment plants, reservoirs and distribution mains. (Rule 9J-5)

   POTABLE WATER WELLFIELD. The site of one or more water wells which supply potable water for human consumption to a water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. (Rule 9J-5)

   POWER GENERATION FACILITIES, ELECTRIC (POWER PLANTS).

      (1)   Certified. Electric power collection/ generation facilities that are required to be certified pursuant to Fla. Stat. §§ 403.501 through 403.518.

      (2)   Non-certified. Non- certified electric power collection/generation facilities consist of two types:

         (a)   Low impact non- certified electric power collection/generation facility. Meets the definition of a cogeneration facilitiy pursuant to Section 210 of the Public Utility Regulation Policy Act of 1978 (PURPA) and is certified as a qualifying facility from the Federal Energy Regulatory Commission; and

         (b)   High impact non- certified electric power collection/generating facility. Includes both small power producers defined pursuant to Section 210 of PURPA and independent power producers which do not meet the qualifying facility standards of PURPA. This does not include solar electric power collection/generation facilities and solar energy systems as defined in this LDC.

   PRIMARY FRONTAGE.   A type of building frontage in a traditional marketplace development (TMD) that is primarily located along main streets and is characterized by zero front setbacks and limitations on the physical separation between buildings.

   PRIVATE RECREATIONAL FACILITY/CLUB. Recreational center for the exclusive use of members and their guests with facilities usually including swimming pools and/or tennis courts, but specifically excluding golf courses.

   PRIVATE RECREATION SITES. Sites owned by private, commercial or non-profit entities available to the public for purposes of recreational use. (Rule 9J-5)

   PROFESSIONAL OFFICE DISTRICT. Any parcel or parcels of land or water zoned OP or any areas designated and used for professional office purposes within a PUD/MPUD District as defined by the Land Development Code, as subsequently amended.

   PROPERTY, ABANDONED. Personal property of any type the owner of which has failed to make satisfactory claim and proof of ownership within 60 days after notice has been provided.

   PROTECTED TREE. A tree and its root system, other than trees excepted in § 7.06.02.01 “Exemptions for Certain Trees” and having the characteristics set forth in § 7.06.02 “Characteristics of Protected Trees and Grand Trees”.

   PROTECTIVE BARRICADE. A physical structure not less than three feet in height; limiting access to protected trees and grand trees. A suitable protective barrier may be composed of wood or other material which ensures protection of the protected trees and grand trees during construction.

   PUBLIC ACCESS. The ability of the public to physically reach, enter or use recreation sites. (Rule 9J-5)

   PUBLIC BUILDINGS AND GROUNDS. Structures or lands that are owned, leased or operated by a government entity, such as civic and community centers, hospitals, libraries, police stations, fire stations and government administration buildings. (Rule 9J-5)

   PUBLIC PLACE. Public rights-of-way, any river, channel, lake, bay, body of water, public park or any adjacent parcel under separate ownership.

   PUBLIC RECREATION SITES. Sites owned or leased on a long-term basis by a federal, state, regional or local government agency for purposes of recreational use. (Rule 9J-5)

   PUBLIC TRANSIT. Passenger services provided by public, private or non-profit entities such as the following surface transit modes: commuter rail, rail rapid transit, light rail transit, light guideway transit, express bus and local fixed route bus. (Rule 9J-5)

   PURCHASE OF DEVELOPMENT RIGHTS. The acquisition of a governmentally recognized right to develop land which is severed from the realty and held or further conveyed by the purchaser. (Rule 9J-5)

   QUALITY OF LIFE. The attributes or amenities that combine to make an area a good place to live. Examples include the availability of political, educational and social support systems; good relations among constituent groups; a healthy physical environment; and economic opportunities for both individuals and businesses.

   QUARRY. An open pit from which building stone, sand, gravel, mineral or fill is extracted to be processed for commercial purposes.

   RAIN SENSOR DEVICE. A calibrated device that is designed to measure outfall and override the irrigation cycle of the irrigation system when a pre-determined amount of rainfall has occurred. The suggested setting for the RAIN SENSOR DEVICE for shut-off, as per the University of Florida’s Institute of Food and Agricultural Sciences (IFAS), is one-half to three-quarters inch.

   RECOMMENDED TREE. A tree of three inches or greater in diameter, as measured six inches above grade, which is included on the recommended tree list on Schedule E.

   RECONSTRUCTION. As used in historic preservation, the process of reproducing by new construction the exact form and detail of a vanished structure or part thereof, as it appeared during a specific period of time. RECONSTRUCTION is often undertaken when the property to be reconstructed is essential for understanding and interpreting the value of an historic district and sufficient documentation exists to insure an exact reproduction of the original.

   RECREATION. The pursuit of leisure time activities occurring in an indoor or outdoor setting. (Rule 9J-5)

   RECREATION FACILITY. A component of a recreation site used by the public such as a trail, court, athletic field or swimming pool. (Rule 9J-5)

   RECREATION, ACTIVE. Leisure activities, usually performed with others, often requiring equipment and taking place at prescribed places, sites or fields. The term ACTIVE RECREATION includes but is not limited to, swimming, tennis and other court games, baseball and other field sports, golf and playground activities.

   RECREATION, PASSIVE. Recreational activities that generally do not require a developed site. This generally includes such activities as hiking, horseback riding and picnicking.

   RECREATION VEHICLE (RV). Any building, structure or vehicle designed and/or used for living or sleeping and/or recreational purposes and equipped with wheels to facilitate movement from place to place and automobiles when used for living or sleeping purposes and including pick-up coaches (campers), motorized homes, boats, travel trailers and camping trailers not meeting the specifications required for a manufactured home or mobile home.

   RECREATION VEHICLE (RV) PARK. A commercial use providing space and facilities for motor homes or other recreational vehicles for recreational use or transient lodging. There is no minimum required stay in a recreational vehicle park. Uses where unoccupied recreation vehicles are offered for sale or lease or are stored, are not included.

   REGIONAL PARK. A park which is designed to serve two or more communities. (Rule 9J-5)

   REGISTERED LANDSCAPE ARCHITECT. A person who holds a license to practice landscape architecture as defined in and accordance with Fla. Stat. §§ 481.301 et seq.

   REGISTERED LAND SURVEYOR. A person who is registered to engage in the practice of land surveying as defined in and in accordance with Fla. Stat §§ 472.001 through 472.039.

   RELOCATED TREE. A protected tree that has been transplanted.

   REMOVED TREE. A grand or protected tree that has been irreversibly damaged or destroyed.

   REPLACED TREE. A recommended tree planted in the place of a protected tree or grand tree which was irreversibly damaged or destroyed.

   REQUEST FOR PROPOSAL (RFP). Usually issued by a public agency and disseminated to consulting or development firms, a good RFP contains a description of: the project or program (what is supposed to be accomplished and for whom); what services are required; the amount budgeted to accomplish the work; the type of contract (e.g., fixed price or time-and- expense); qualifications required; evaluation criteria; what to do to submit the RFP properly. APA recommends a two-part process in which agencies first issue a request for qualifications (RFQ) and then solicit proposals.

   REQUEST FOR QUALIFICATIONS. A statement of qualifications prepared by a consultant and submitted to a community seeing assistance in a project. The RFQ should ideally contain contact information; a description of the form of the organization (e.g., is it a partnership or corporation); resumes of key personnel; a statement of qualifications (e.g., a narrative describing work done on similar projects); availability (e.g., notable time constraints or other commitments); a list of projects completed by the firm; and references.

   RESIDENT POPULATION. Inhabitants counted in the same manner utilized by the United States Bureau of the Census, in the category of total population. RESIDENT POPULATION does not include seasonal population. (Rule 9J-5)

   RESIDENTIAL DISTRICT. Any parcel or parcels of land or water zoned E-R, R-1, R-2, R-3, R-4, M1, M-2, M-3, M-4, TNR or any areas designated and used within a PUD/MUD district for residential purposes as defined by this code, as subsequently amended.

   RESIDENTIAL USES. Activities within land areas used predominantly for housing. (Rule 9J-5)

   RETENTION BASIN. A wet or dry storm water holding area, either natural or human-made, this does not have an outlet to adjoining watercourses or wetlands other than an emergency spillway.

   RIGHT-OF-WAY. A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, water line, sanitary sewer, and/or other public utilities or facilities.

   ROADWAY FUNCTIONAL CLASSIFICATION. The assignment of roads into categories according to the character of service they provide in relation to the total road network. Basic functional categories include limited access facilities, arterial roads and collector roads, which may be subcategorized into principal, major or minor levels. Those levels may be further grouped into urban and rural categories. (Rule 9J-5)

   ROOF LINE. The top edge of the roof or parapet. Whichever forms the top line of the building silhouette when viewed from the ground level.

   ROUNDABOUT TRAFFIC CIRCLE. A raised island that is usually landscaped and located at the intersection of two streets used to reduce traffic speeds and accidents without diverting traffic onto adjacent residential streets.

   RURAL AREAS. Low-density areas characterized by social, economic and institutional activities which may be largely based on agricultural uses or the extraction of natural resources in unprocessed form or areas containing large proportions of undeveloped, unimproved or low-density property. (Rule 9J-5)

   RURAL VILLAGE or RURAL ACTIVITY CENTER. A small, compact node of development within a rural area containing development, uses and activities which are supportive of and have a functional relationship with the social, economic and institutional needs of the surrounding rural areas. (Rule 9J-5)

   SANITARY SEWER FACILITIES. Structures or systems designed for the collection, transmission, treatment or disposal of sewage and includes trunk mains, interceptors, treatment plants and disposal systems. (Rule 9J-5)

   SANITARY SEWER INTERCEPTOR. A wastewater conduit which connects directly to and transmits sewage to, a treatment plant. (Rule 9J-5)

   SANITARY SEWER TRUNK MAIN. A wastewater conduit which connects directly to and transmits sewage to, an interceptor. (Rule 9J-5)

   SCREEN. A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls or any appropriate combination thereof.

   SEASONAL POPULATION. Part-time inhabitants who utilize or may be expected to utilize, public facilities or services, but are not residents. SEASONAL POPULATION shall include tourists, migrant farmworkers and other short-term and long-term visitors. (Rule 9J-5)

   SECONDARY FRONTAGE. A type of building frontage in a traditional marketplace development (TMD) that allows for variable front setbacks and more frequent physical separation between buildings than allowed on primary frontages.

   SERVICES. The programs and employees determined necessary by local government to provide adequate operation and maintenance of public facilities and infrastructure as well as those educational, health care, social and other programs necessary to support the programs, public facilities and infrastructure set out in the local plan or required by local, state or federal law. (Rule 9J-5)

   SETBACK. The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.

   SHADE TREE. A hardwood tree that reaches a minimum height of 25 feet at maturity, provides relief from direct sunlight for at least six months each year and is included in the recommended tree list.

   SHOPPING CENTER OR BUSINESS CENTER. A group of three or more business establishments within a single architectural plan, with common ownership of property or cooperative or condominium ownership.

   SHRUB. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen and is two feet when planted.

   SIDEWALK CAFE. A portion of an eating or drinking place, located on a public sidewalk that provides waiter or waitress service and is either an enclosed or unenclosed SIDEWALK CAFE as defined. No portion of a SIDEWALK CAFE shall be used for any purpose other than dining and circulation therein. Any outdoor dining area located in any public sidewalk or right-of-way that is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel.

   SIDEWALK SALE. Outdoor sale, conducted by the proprietor, of products normally sold inside a retail establishment. A promotional sales event conducted outside the confines of the commercial or manufacturing structure in which the business is normally conducted and which occurs on a paved or concrete area on the same lot as the structure. A seasonal or occasional sale held on the sidewalk or other structure along the front or side of a particular store or establishment where goods are offered for sale to the public, typically at a discounted price.

   SIGHT DISTANCE TRIANGLE. The triangular area formed by a diagonal line connecting two points located on intersecting street right-of-way lines (or a right-of-way line and the curb or edge of a driveway).

   SIGN. Any device, permanent or temporary, which is visible from a public place or to a public audience and which is designed to attract attention to the subject matter of its copy, shall be deemed to be a SIGN. Specifically excluded from this definition is any mural or painting or other artistic creation etched or painted on the wall of any structure, provided that the mural, painting or artistic creation contains no off-site or on-site advertising material. Further, flags or emblems of any nation, state or political subdivision or any other noncommercial entity shall not be considered signs. Interior signs, as hereinafter defined, are not regulated by this code.

   SIGN, ANIMATION. The use of movement or some element thereof, to depict action or create a special effect or scene.

   SIGN AREA. The total area of the space to be used for advertising purposes, inclduing the space between open-type letters and figures, including the background structure or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of the sign.

   SIGN AREA, AGGREGATE. When used in reference to the total allowable sign surface area, the total available display area of all sides or portions of a sign.

   SIGN, AWNING. A shelter supported entirely from the exterior wall of a building and composed of non-rigid materials (except for the supporting framework) upon which a sign is indelibly drawn, painted or printed.

   SIGN, BANNER. Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. BANNER does not include ground signs or pole signs, regardless of whether the ground signs or pole signs are on-site or off-site and does not include flags, emblems or insignia of any nation, state or political subdivision, religious, charitable, political, social or fraternal organization. All other flags shall be considered banner signs.

   SIGN, BENCH. A bench whose primary purpose is collateral with providing transportation service to the public upon which a sign is indelibly drawn, painted or printed.

   SIGN, CANOPY. A roof-like cover, attached or unattached, extending from the exterior wall of a building and composed of supporting framework of rigid materials upon which a sign is indelibly drawn, painted or printed.

   SIGN, CHANGEABLE COPY. Any framed sign, illuminated or not, which is principally devoted to and designed for changeable text and graphics.

   SIGN, COLONNADE. A sign suspended below the roof of a covered walkway, perpendicular to the facade of the structure, oriented to pedestrians and identifying the premises adjacent to it.

   SIGN, COMBINATION. A single, on-site non-animated sign composed of one sign relating to the entire premises on which it is located and one or more additional signs of substantially the same size, material and design, arranged in a compact group on the same structure and relating to individual establishments on the premises. All permanent on-site signs otherwise allowed for a premise may be COMBINATION SIGNS (COMBINATION SIGNS shall be considered on-site signs for each establishment to which they relate and shall be credited against the applicable on-site sign allowances for the establishments).

   SIGN, CONSTRUCTION. Any sign giving the name of contractors, architects, consultants and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

   SIGN, DIRECTIONAL. Any permanent or temporary sign which is used principally for the purpose of indicating the direction or location of any object, place, event or area including, but not limited to, those signs which indicate the avenues of ingress and egress from a particular premise and bearing no additional advertisement beyond the name of the object, place or area. DIRECTIONAL SIGNS shall not contain names, addresses or occupations of tenants.

   SIGN, DIRECTORY. A sign which gives the name, address or occupation of the tenants of a building, including office directories; church directories; and shopping center, apartment or townhouse directories.

   SIGN, DOUBLE-FACED. A sign having two display surfaces not necessarily displaying the same copy, which are parallel, back-to-back and not more than 48 inches apart.

   SIGN, EXEMPT. All signs for which permits are not required but which must, nonetheless, conform to the other terms and conditions of this Code.

   SIGN FACE. The part of a sign on which the copy or message is or could be placed.

   SIGN, FASCIA. See Wall Sign.

   SIGN, FLAG. The emblem of any nation, organization of nations, state, city, religious, fratemal or civic organization on cloth, fabric or other nonrigid material.

   SIGN, FREESTANDING (GROUND). A self- supporting sign resting on or supported by means of poles, standards or any other types of base on the ground and not affixed to a building.

   SIGN, GOVERNMENT. Any sign erected by or on the order of a public official in the performance of his or her office or duty such as, but not limited to, traffic control signs, street name signs, warning and directional signs, public notices, historical markers, signs identifying governmental facilities, official commemorative signs or signs of similar nature.

   SIGN, GROUND. Any sign other than a pole sign which is placed upon or supported by structures or supports in or upon the ground and independent of support from any building. The base shall touch the ground and continue to top of the sign without any openings and the finish shall be consistent with materials used on the building that the sign serves. GROUND SIGNS shall include monument signs.

   SIGN, IDENTIFICATION. A sign which depicts the name or address of a building or establishment on the parcel where the sign is located as a means of identifying the building or establishment.

   SIGN, ILLEGAL. Any sign erected without a permit subsequent to the enactment of the zoning ordinance in November 1986; and signs erected prior to or subsequent to the enactment of the zoning ordinance in the Land Development Code March 1990 in violation of the county, state or federal regulations shall be considered ILLEGAL SIGNS.

   SIGN, ILLUMINATED. An illuminated sign is one which either:

      (1)   Provides artificial light through exposed bulbs, lamps or luminous tubes on the sign surface;

      (2)   Emits light through transparent or translucent material from a source within the sign; or

      (3)   Reflects light from a source intentionally directed upon it.

   SIGN, LOCATION. A lot, premises, building, wall or any place whatsoever upon which a sign is located.

   SIGN, INTERIOR. A sign that is located in the interior of a structure or is located outside a structure but, because of the sign’s placement, design or orientation is not visible to persons from a public place. An INTERIOR SIGN is not considered an on-site or off-site sign.

   SIGN, LOLLYPOP. A sign which is attached to a single pole or stake that is designed to be driven into the ground and is not stabilized into the ground or affixed in place by any other device than the stake to which the sign is attached.

   SIGN, MARQUEE. Any sign which is attached to or hung from a permanent, roof-like structure (marquee) which is supported by a building wall and which projects out from the building line usually but not necessarily over a public right-of-way such as a sidewalk.

   SIGN, MEMORIAL. Any sign erected in remembrance of a person or event or which is commemorative in nature.

   SIGN, MODEL. A temporary sign that designates particular dwelling units and is used to depict other units of similar design that are for sale.

   SIGN, MULTI-FACE. A sign having thee or more faces which are not parallel nor back-to-back, upon which the same or dissimilar copy is displayed.

   SIGN, MULTIPRISM. Signs made with a series of triangular vertical sections that turn and stop to show three pictures or messages in the sign surface area.

   SIGN, NO DUMPING. A sign having copy that includes the words “no dumping” and which is designed to inform the public that permission to place any putrescible or nonputrescible material or other solid or liquid waste is expressly denied.

   SIGN, NONCONFORMING. Any sign lawfully in existence within the city on the effective date of this code which does not conform to the requirements of this code. An illegal sign shall not be considered to be a NONCONFORMING SIGN.

   SIGN, NO TRESPASSING. A sign having copy that includes the words “no trespassing” and which is designed to inform the public that permission to enter a parcel of land or structure is expressly denied.

   SIGN NUMBER. For the purpose of determining the number of signs, a sign shall be construed to be a single display surface or device containing elements organized, related and composed to form a single unit. In cases where material is displayed in a random or unconnected manner or where there is reasonable doubt as to the intended relationship of such components, each component or element shall be considered to be a single sign. A projecting sign or ground sign with sign surface on both sides of the sign shall be construed as a single sign and the total area of the sign shall be the area computed on a single side of the sign.

   SIGN, OCCUPANT. A sign bearing only address, postbox number or name(s) of occupant(s) on premises.

   SIGN, OFF-PREMISES. See Sign, Outdoor Advertising.

   SIGN, OFF-SITE. See Sign, Outdoor Advertising.

   SIGN, ON-PREMISES. See Sign, On-Site.

   SIGN, ON-SITE (a/k/a ON-PREMISES SIGN). Any sign upon which commercial or noncommercial advertising or any other matter may be displayed, advertising goods, services or other things sold or available upon the parcel where the sign is located. Any authorized or permitted ON-SITE SIGN is allowed to contain non-commercial copy in lieu of any other permitted copy.

   SIGN, OUTDOOR ADVERTISING (a/k/a BILLBOARD, OFF-SITE SIGN, OFF-PREMISES SIGN). A sign structure advertising an establishment, merchandise, service or entertainment which is not sold, produced, manufactured or furnished at the property on which the sign is located.

   SIGN, PERMANENT. A sign which is affixed to a building or the ground in accord with the requirements of the city’s Building Code and any other applicable federal, state or local laws and in such a manner as to be immobile without the use of extraordinary means such as disassembly.

   SIGN, POLE. A sign, independent of support from any building, that is mounted on freestanding poles or other supports.

   SIGN, POLITICAL. A sign identifying and urging support for or opposition to a particular issue, political party or candidate for public office.

   SIGN, PORTABLE. Any sign other than a sandwich sign, double- or single-faced, which is not permanently erected on the site and which may readily be moved from place to place; except that this definition shall not apply to signs painted directly on vehicles or signs displayed through, but not on, windows.

   SIGN, PROJECTING. Any sign which is attached to and which projects from the outside wall of any building or structure, excluding wall signs as defined herein.

   SIGN, REAL ESTATE. A sign which advertises the sale, rental or development of the parcel upon which it is located.

   SIGN, RESIDENTIAL DEVELOPMENT IDENTIFICATION. See Sign, Subdivision.

   SIGN, REVOLVING (a/k/a ROTATING SIGN). Any sign so erected or constructed as to periodically or continuously change the direction toward which any plane containing the display surface area is oriented.

   SIGN, ROOF. Any sign erected, constructed or maintained on the roof of any building, above the eaves or above mansards, parapets or other similar architectural features of buildings or structures which are capable of supporting signs. A ROOF SIGN is part of the structure for purposes of determining the height of the structure for zoning height restrictions.

   SIGN, ROTATING. See Sign, Revolving.

   SIGN, SANDWICH. A sign consisting of two sign faces connected at the top with either hinges or fixed fastening devices that is not permanently erected on the site and which may readily be moved from place to place.

   SIGN, SNIPE. A sign made of any material when the sign is tacked, nailed, posted, glued or otherwise attached to any pole, tree or other natural feature, fence, fence post, bench, stakes, other sign or other similar objects located on public or private property. A SNIPE SIGN does not include real estate sales signs, warning signs or open house signs.

   SIGN, SOLD. A strip of wood or like material or paper affixed to, around or upon real estate sign to indicate that the property being advertised is no longer offered for sale.

   SIGN, SPECIAL EVENT. A sign, not within the scope of another defined term of this section, advertising a temporary event sponsored by a public, social, charitable, educational, religious or other nonprofit institution.

   SIGN STRUCTURE/SUPPORT. Any structure which is designed specifically for the purpose of supporting a sign, has supported or is capable of supporting a sign. This definition shall include any decorative covers, braces, wires, supports or components attached to or placed around the sign structure.

   SIGN, SUBDIVISION. Any community entry sign which is designed solely to identify a subdivision or neighborhood, including, but not limited to, industrial and commercial parks, multifamily projects and single-family residential development.

   SIGN SURFACE AREA. The surface area of a sign is the entire area within the periphery of a regular geometric form or combination of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, but not including the sign structure bearing no copy. The surface area of the sign shall be measured from the outside edges of the sign or the sign frame, whichever is greater. The SIGN SURFACE AREA shall include the aggregate sign area upon which copy could be placed and shall include the total of a single side of a sign surface upon which copy could be placed.

   SIGN, TEMPORARY. A sign which is not designed, constructed or intended to be permanent. This definition shall not include prohibited signs.

   SIGN, TRAILER. A sign that is affixed or placed on a trailer or other portable device that may be pulled by a vehicle.

   SIGN, VEHICLE. Any sign attached to or placed on a vehicle, including automobiles, trucks, boats, campers and trailers, that is parked on or otherwise utilizing a public right-of-way, public property or on private property so as to be intended to be viewed from a vehicular right-of-way for the purpose of providing advertisement of products or services or directing people to a business or activity. This definition is not to be construed to include those signs that identify a firm or its principal products on a vehicle or such advertising devices as may be attached to and within the normal unaltered lines of the vehicle of a licensed transit carrier, when and during that period of time the vehicle is regularly and customarily used to traverse the public highways during the normal course of business.

   SIGN, VEHICLE MOUNTED. A sign which is displayed on any automobile, bus, truck, trailer or vehicle and is incidentally displayed in connection with the use of the vehicle for transportation purposes. Allowable signs are painted or magnetic signs which identify the company to which a car belongs and painted, magnetic or attached political signs. Vehicle signs of a political nature also must meet the criteria for political signs.

   SIGN, WALL (a/k/a FASCIA SIGN). A sign which is painted on, fastened to or erected against the wall of a building with its face in a parallel plane to the plane of the building facade or wall and which does not project more than 18 inches from the building. This definition shall include the painting of a sign on a wall surface.

   SIGN, WARNING. Any sign which is designated to provide public notice of a clear and present danger to public health, safety and welfare.

   SIGN, WINDOW. A sign which is painted on, attached to or visible through a window (excluding displays of merchandise), which identifies or advertises activities, services, goods or products available on the parcel.

   SIGNS, EXEMPT. All signs for which permits are not required but which must, nonetheless, conform to the other terms and conditions of this code.

   SINGLE OCCUPANCY PARCEL. Any parcel that is occupied by a single establishment.

   SITE PLAN. A plan, to scale showing uses and structures proposed for a parcel of land as required by the regulations. Includes lot lines, streets, building sites, reserved open space, buildings, major landscape features-both natural and human-made-and, depending on requirements, the locations of proposed utility lines.

   SMART GROWTH. Planning, regulatory and development practices and techniques founded upon and promoting the following principles:

      (1)   Using land resources more efficiently through compact building forms, infill development and moderation in street and parking standards in order to lessen land consumption and preserve natural resources;

      (2)   Supporting the location of stores, offices, residences, schools, recreational spaces and other public facilities within walking distance of each other in compact neighborhoods that are designed to provide alternate opportunities for easier movement and interaction;

      (3)   Providing a variety of housing choices so that the young and old, single persons and families and those of varying economic ability may find place to live;

      (4)   Supporting walking, cycling and transit as attractive alternatives to driving; providing alternative routes that disperse, rather than concentrate, traffic congestion; and lower traffic speeds in neighborhoods;

      (5)   Connecting infrastructure and development decisions to minimize future costs by creating neighborhoods where more people use existing services and facilities and by integrating development and land use with transit routes and stations; and

      (6)   Improving the development review process and development standards so that developers are encouraged to apply the principles stated above.

   SOLAR ARRAY. The complete solar power-generating unit, consisting of a packaged interconnected assembly of any number of solar photovoltaic modules and panels.

   SOLAR ELECTRIC POWER COLLECTION/ GENERATION FACILITY (SOLAR FARM). A type of electric power collection/generation facility that includes solar energy systems mounted on the ground that are utilized in the collection/storage/production of solar electric power as the primary or principal use of the property and whereby the power being collected/ stored/produced is being sold to an electric utility provider or being collected/stored/produced directly by an electric utility provider.

   SOLAR ENERGY SYSTEM. Equipment whose primary purpose is to collect, store, and distribute solar or radiant energy received from the sun to be used for the generation of electricity through the solar photovoltaic conversion process. The equipment could include solar photovoltaic cells, modules, panels, arrays, collectors, films, shingles, or other solar devices. The equipment could be roof-mounted or ground-mounted (of a fixed rack or fixed rack tracker type). The equipment could be used for water heating; space heating or cooling; or other applications which normally require a conventional source of energy, such as petroleum products, natural gas, or electricity.

   SOLAR PANEL. A pre-wired, field- installable unit comprised of one or more assembled solar photovoltaic modules.

   SOLAR ZONE. An area that will receive unshaded sunlight at a minimum of five hours a day on a south-facing roof for the installation of solar energy systems that can face up to 45 degrees east or west of south without a significant decrease in performance. If allowed by Chapter 156 of the City of Zephyrhills Code of Ordinances and notwithstanding any other provision of the city’s Land Development Code, the solar zone shall be located on the roof or suitable overhang of the building. The SOLAR ZONE can be located on any of the following locations: roof of building; overhang of building; roof and/or overhang of another structure located on the same property as the primary building; covered parking installed with the building; other structures, including trellises, arbors, patio covers, carports, gazebos; and similar accessory structures as may be sufficiently strong to support a solar energy systems.

   SOLID WASTE.  Sludge from a waste treatment works, water supply treatment plant or air pollution control facility or garbage, rubbish, refuse or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. (Rule 9J-5)

   SOLID WASTE FACILITIES. Structures or systems designed for the collection, processing or disposal of solid wastes, including hazardous wastes and includes transfer stations, processing plants, recycling plants and disposal systems. (Rule 9J-5)

   SOLID WASTE PROCESSING PLANT. A facility for incineration, resource recovery or recycling of solid waste prior to its final disposal. (Rule 9J-5)

   SOLID WASTE TRANSFER STATION. A facility for temporary collection of solid waste prior to transport to a processing plant or to final disposal. (Rule 9J-5)

   SPECIAL EVENTS.

      (1)   Circuses, fairs, carnivals, festivals or other types of SPECIAL EVENTS that:

         (a)   Run for longer than one day but not longer than two weeks;

         (b)   Are intended to or likely to attract substantial crowds; and

         (c)   Are unlike the customary or usual activities generally associated with the property where the SPECIAL EVENT is to be located.

      (2)   A temporary outdoor use on private property that extends beyond the normal uses and standards allowed by the zoning ordinance of the city. Except as otherwise specifically provided, only those events held on commercial-zoned property are subject to the provisions of this ordinance. SPECIAL EVENT includes, but is not limited to, art shows, sidewalk sales, pumpkin and Christmas street sales, haunted houses, carnivals (major and minor), special auto sales, grand openings, festivals, home exhibitions and church bazaars.

   SPECIAL EXCEPTION. A use that would not be appropriate generally or without restrictions throughout the zoning division or district but which, if controlled as to the number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. The uses may be permitted in the zoning division or district as SPECIAL EXCEPTIONS, if specific provisions for the special exceptions are made in the ordinance codified herein.

   SPOT ZONING. Change in district boundaries, variances and other amendments to the zoning code and use and area maps that violate sound principles of zoning and are characterized by the following:

      (1)   Individuals seek to have property rezoned for their private use.

      (2)   Usually the amount of land involved is small and limited to one or two ownerships.

      (3)   The proposed rezoning would give privileges not generally extended to property similarly located in the area.

      (4)   Applications usually show little or no evidence of or interest in, consideration of the general welfare of the public, the effect on surrounding property (including adequate buffers), whether all uses permitted in the classification sought are appropriate in the locations proposed or conformity to the Comprehensive Plan or to Comprehensive Planning principles (including alterations to the population density patterns and increase of load on utilities, schools and traffic.)

   SPRAWL.

      (1)   Urban development or uses that are located in predominantly rural areas or rural areas interspersed with generally low-intensity or low- density urban uses and which are characterized by one or more of the following conditions:

         (a)   The premature or poorly planned conversion of rural land to other uses;

         (b)   The creation of areas of urban development or uses that are not functionally related to land uses which predominate the adjacent area; or

         (c)   The creation of areas of urban development or uses that fail to maximize the use of existing public facilities or the use of areas within which public services are currently provided.

      (2)   URBAN SPRAWL is typically manifested in one or more of the following land use or development patterns: leapfrog or scattered development; ribbon or strip commercial or other development; or large expanses of predominantly low-intensity, low-density or single-use development.

   STORAGE, OUTSIDE. The storage, collection or display for more than three consecutive days or any part of a day for three consecutive days, of any products, materials, equipment, appliances, vehicles not in service, and/or personal property of any kind on an unenclosed, uncovered area.

   STORM WATER. The flow of water which results from a rainfall event. (Rule 9J-5)

   STORE FRONT. The front of a retail establishment facing a street where the main building entrance is located.

   STORM WATER FACILITIES. Human-made structures that are part of a storm water management system designed to collect, convey, hold, divert or discharge storm water and may include storm water sewers, canals, detention facilities and retention facilities. (Rule 9J-5)

   STREET. A public right-of-way used for vehicular and pedestrian traffic.

   STREET, ARTERIAL. A major street for carrying a large volume of through traffic in the area; normally controlled by traffic signs and signals.

   STREET CAPACITY. The maximum number of vehicles which have a reasonable expectation of passing over a given section of a lane or a roadway in one direction or in both directions for a two-lane or four-lane highway, during a given time period under prevailing traffic conditions. In the absence of a modifier, capacity is based upon hourly volumes.

   STREET, COLLECTOR. A street carrying traffic from local streets to the major system of arterial streets and highways and including the principal entrance streets to a residential development and principal streets for circulation within such a development.

   STREET FURNITURE. Those features associated with a street that are intended to enhance that street’s physical character and use by pedestrians, such as benches, trash receptacles, kiosks, lights, newspaper racks and the like.

   STREET, GRIDLIKE PATTERN (or FLEXIBLE GRID). A street system based upon a standard grid pattern (i.e., checkerboard blocks); however, offset intersections, loop roads and cul- de-sacs as well as angled or curved road segments may also be used on a limited basis. The block pattern is characterized by regular (i.e., rectangular or trapezoidal) blocks and irregular polygons do not predominate.

   STREET, LOCAL. A street that is designed to carry residential traffic between collector or other streets or highways and abutting properties.

   STREET, PRIVATE. Any right-of-way or area set aside to provide vehicular access within a development that is not dedicated or intended to be dedicated to the city and that is not maintained by the city.

   STREET, PUBLIC. A public roadway, constructed within the boundaries of an officially deeded and accepted public right-of-way, which affords principal means of access to abutting property. For purposes of density calculations, a public street shall constitute all of the area within the public right- of-way.

   SUBDIVISION. The division of a parcel of land, whether improved or unimproved, into three or more lots or parcels of land for the purpose, whether immediate or future, of transfer of ownership or building development where:

      (1)   The subdivider advocates, proposes, suggests or exhibits a proposed plan, map or plat of development; or

      (2)   The subdivider proposed to create a street, right-of-way or public easement that joins or connects to an existing public street.

      (3)   Any land whether contiguous or not if three or more lots, parcels, units or interests are offered as part of a promotional plan of advertising and sale.

   SUBSTANTIAL DAMAGE (SIGNS). Damage of any origin sustained by a sign where the cost of restoring the sign to its condition prior to damage would equal or exceeds 50% of the adjusted replacement cost of the sign before the damage occurred, as assessed through current Marshall & Swift construction cost data publications.

   SUITABILITY. The degree to which the existing characteristics and limitations of land and water are compatible with a proposed use or development. (Rule 9J-5)

   SUSTAINABILITY. Community use of natural resources in a way that does not jeopardize the ability of future generations to live and prosper.

   SUSTAINABLE DEVELOPMENT. Development that maintains or enhances economic opportunity and community well-being while protecting and restoring the natural environment upon which people and economies depend. SUSTAINABLE DEVELOPMENT meets the needs of the present without compromising the ability of future generations to meet their own needs.

   SUBSTANDARD HOUSING. Residential dwellings that, because of their physical condition, do not provide safe and sanitary housing.

   TAVERN. Any establishment serving alcoholic beverages for on-premises consumption in conjunction with or without any form of entertainment or any establishment selling alcoholic beverages to be called for or taken out by customers or to be delivered. A food service establishment which derives at least 51% of its gross revenue from the sale of food and non- alcoholic beverages shall not be considered a tavern for purposes of this Land Development Code.

   TEMPORARY OUTDOOR SALE. Any sale made by a person, firm or corporation engaging in the temporary business of selling goods, wares or merchandise from a tent, truck, vending cart or other area outside of a permanent structure on property owned or leased by the person, firm or corporation. The TEMPORARY OUTDOOR SALES, except those conducted by charitable organizations as defined, must be secondary to or incidental to the principal permitted use or structure existing on the property and not incompatible with the intent of the district. The outdoor sale of Christmas trees is exempt from this definition.

   TOP OF BANK. The edge of a retention area where the slope returns to existing grade.

   TOWER, TELECOMMUNICATION. A structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guide towers or monopole towers. The term includes radio and television transfer towers, microwave towers, common-carrier, towers, cellular phone towers, alternative towers structures and the like.

   TOWNHOUSE. A single-family dwelling constructed in a series or group of attached units (from two to eight) with property lines and exterior dwelling unit walls separating each dwelling unit. TOWNHOUSE dwelling units typically have individual facades and entrances directly onto front yards and their corresponding property lines typically include individual front and rear yards (or patios).

   TRADITIONAL NEIGHBORHOOD DEVELOPMENT. A development that exhibits several of the following characteristics: alleys, streets laid out in a grid system, buildings oriented to the street, front porches on houses, pedestrian-orientation, compatible, mixed land uses, village squares and greens.

   TRAFFIC CALMING. Reducing motorist speed, decreasing motor vehicle volumes and increasing safety for pedestrians and nonmotorized vehicles.

   TRAFFIC IMPACT ANALYSIS. An analysis of the effect of traffic generated by a development on the capacity, operations and safety of the public street and highway system.

   TRANSFER OF DEVELOPMENT RIGHTS (TDR). The conveyance of development rights by deed, easement or other legal instrument authorized by local law to another parcel of land and the recordation of that conveyance among the land records of (the municipality).

   TRANSFER OF DEVELOPMENT RIGHTS (TDR), RECEIVING AREA. The area within which development rights transferred from a TDR sending area can be used.

   TRANSFER OF DEVELOPMENT RIGHTS (TDR), SENDING AREA. The area from which TDRs can be transferred.

   TRANSPORTATION DEMAND MANAGEMENT. Strategies and techniques that can be used to increase the efficiency of the transportation system. Demand management focuses on ways of influencing the amount and demand for transportation by encouraging alternatives to the single-occupant automobile and by altering local peak hour travel demand. These strategies and techniques may, among others, include: ridesharing programs, flexible work hours, telecommuting, shuttle services and parking management. (Rule 9J-5)

   TRANSPORTATION DISADVANTAGED. Those individuals who because of physical or mental disability, income status or age are unable to transport themselves or purchase transportation and are therefor dependent upon others to obtain access to health care, employment, education, shopping, social activities or other life-sustaining activities. (Rule 9J-5)

   TRANSPORTATION SYSTEM MANAGEMENT. Improving roads, intersections and other related facilities to make the existing transportation system operate more efficiently. TRANSPORTATION SYSTEM MANAGEMENT techniques include demand management strategies, incident management strategies and other actions that increase the operating efficiency of the existing system. (Rule 9J-5)

   TREE. Any self-supporting single and multi-stem woody plant of a species which grows to at least 15 feet.

   TREE BANK. A fund established by a city to provide an opportunity to make a cash payment to the city in lieu of providing required landscape stock on a site.

   TRIMMING. To selectively remove branches without irreversibly altering the natural shape or form of a tree and without irreversibly damaging or destroying the tree. Unless specifically allowed by the Building Official or designee in accordance with the standards set forth herein, all trimming or protected or grand trees shall be performed in accordance with the American National Standard for Tree Care Operations, ANSI, A300-1995.

   TRIP END. The origin or destination of a trip. Each trip has two ends which constitute a two-direction vehicle movement at the origin or destination of the trip.

   TRIP GENERATION RATE. The total number of trip ends produced by a specific land use or activity per day.

   TRIPLEX. A building containing three individual dwellings. Accessory dwelling units are not included in this definition. Refer to Dwelling, Three-Family.

   TURF or TURF GRASS. A surface layer of earth containing a dense growth of grass and its roots suitable to central Florida.

   URBAN AREA. An area of or for development characterized by social, economic and institutional activities which are predominantly based on the manufacture, production, distribution. or provision of goods and services in a setting which typically includes residential and nonresidential development uses other than those which are characteristic of rural areas. (Rule 9J-5)

   URBAN DESIGN. The attempt to give form, in terms of both beauty and function, to selected urban areas or to whole cities. URBAN DESIGN is concerned with the location, mass and design of various urban components and combines elements of urban planning, architecture and landscape architecture.

   URBAN FRINGE. Land at the edge of an urban area usually made up of mixed agricultural and urban land uses.

   URBAN GROWTH BOUNDARY (UGB). The boundary or line marking the limit between the urban growth areas and other areas such as rural and resource areas where urban growth is not encouraged, as designated by the county in consultation with cities, under the requirements of the GMA.

   URBAN SPRAWL.

      (1)   Urban development or uses which are located in predominantly rural areas or rural areas interspersed with generally low-intensity or low-density urban uses and which are characterized by one or more of the following conditions:

         (a)   The premature or poorly planned conversion of rural land to other uses;

         (b)   The creation of areas of urban development or uses which are not functionally related to land uses which predominate the adjacent area; or

         (c)   The creation of areas of urban development or uses which fail to maximize the use of existing public facilities or the use of areas within which public services are currently provided.

      (2)   URBAN SPRAWL is typically manifested in one or more of the following land use or development patterns: leapfrog or scattered development; ribbon or strip commercial or other development; or large expanses of predominantly low-intensity, low-density or single-use development. (Rule 9J-5)

   USE, PERMITTED. A use permitted in a district without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this ordinance. Any use listed as a principal permitted use or as an accessory use. The term further includes a conditional use, as listed for the particular district, provided a conditional use permit is obtained.

   VACATION. The termination of or termination of interest in, an easement, right-of-way or public dedication of land.

   VARIANCE. A departure from any provision of the zoning requirements for a specific parcel, except use, without changing the zoning ordinance or the underlying zoning of the parcel. A VARIANCE usually is granted only upon demonstration of hardship based on the peculiarity of the property in relation to other properties in the same zone district.

   VEGETATIVE COMMUNITIES. Ecological communities, such as coastal strands, oak hammocks and cypress swamps, which are classified based on the presence of certain soils, vegetation and animals. (Rule 9J-5)

   VEHICLE. Automobiles, trucks, trailers, construction equipment and other such mobile equipment.

   VEHICULAR USE AREA. Any area used for the outdoor parking or circulation of domestic or commercial vehicles and cargo handling equipment. Unless expressly excluded in the context of its use VEHICULAR USE AREA shall include access-ways located on the parcel, except for access-ways on parcels for single and two-family dwellings.

   VOLUME-TO-CAPACITY RATIO. A measure of the operating capacity of a roadway or intersection, in terms of the number of vehicles passing through, divided by the number of vehicles that theoretically could pass through when the roadway or intersection is operating at its designed capacity. Abbreviated as “v/c”. At a v/c ratio of 1.0, the roadway or intersection is operating at capacity. If the ratio is less than 1.0, the traffic facility has additional capacity. Although ratios slightly greater than 1.0 are possible, it is more likely that the peak hour will elongate into a “peak period”.

   WATER RECHARGE AREAS. Land or water areas through which groundwater is replenished. (Rule 9J-5)

   WATER-RELATED USES. Activities which are not directly dependent upon access to a water body, but which provide goods and services that are directly associated with water-dependent or waterway uses. (Rule 9J-5)

   WATER WELLS. Wells excavated, drilled, dug or driven for the supply of industrial, agricultural or potable water for general public consumption. (Rule 9J-5)

   WELLHEAD PROTECTION AREA. An area designated by local government to provide land use protection for the groundwater source for a potable water wellfield, including the surface and subsurface area surrounding the wellfield. Differing levels of protection may be established within the wellhead protection area commensurate with the capacity of the well and an evaluation of the risk to human health and the environment. WELLHEAD PROTECTION AREAS shall be delineated using professionally accepted methodologies based on the best available data and taking into account any zone of contribution described in existing data. (Rule 9J-5)

   WETLAND. Land that is inundated or saturated by surface or ground water in years of normal water conditions that falls under the jurisdiction of one or more of the following agencies: the Florida Department of Environmental Protection, the U.S. Army Corps of Engineers and the Southwest Florida Water Management District.

   WINDOW. An opening to the outside other than a door which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a WINDOW in regard to the provision of natural light.

   XERISCAPE or FLORIDA FRIENDLY LANDSCAPE. As provided for in Fla. Stat. § 166.048, quality landscapes that conserve water and protect the environment and are adaptable to local conditions and which are drought tolerant. The principles of XERISCAPE include planning and design, appropriate choice of plants, soil analysis which ma include the use of solid waste compost, efficient irrigation, practical use of turf, appropriate use of mulches and proper maintenance.

   ZERO LOT LINE. A planned arrangement of buildings which touch lot lines, thereby providing zero yard on that side.

   ZONING. The division of a city or county by legislative regulations into areas or zones, which specify allowable uses for real property and size restrictions for buildings within these areas.

(Ord. 870-04, passed 3-8-2004; Ord. 881-04, passed 5-24-2004; Ord. 922-05, passed 6-13-2005; Ord. 933-05, passed 7-11-2005; Ord. 1200-13, passed 4-8-2013; Ord. 1253-15, passed 4-13-15; Ord. 1367-18, passed 6-11-2018; Ord. 1377-19, passed 9-9-2019)