§ 24-41. Definitions.

Except as otherwise provided herein, all words shall have the customary dictionary meaning. The present tense includes the future tense and the future tense includes the present tense. The singular number includes the plural and the plural includes the singular. Other definitions, however, may be located elsewhere in this chapter and should be used as indicated.

100-year flood area means those areas within the scope of this chapter that have a land elevation less than the official 100-year flood elevations.

Abandoned motor vehicle means one that is in a state of disrepair and incapable of being moved under its own power.

Abandonment means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruption to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Abutting or adjacent property means property that is immediately adjacent to the property being considered under this chapter. The term "abut" shall not include "directly across from."

Access means the primary means of ingress and egress to abutting property from a dedicated right-of-way.

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Generally, accessory structures are governed more specifically by section 24-139. The term "accessory structures" includes but is not limited to:

(1)

Greenhouses, storage buildings, utility buildings, fences;

(2)

Swimming pools, hot tubs and similar structures.

Addition means an extension or increase in floor area or height of a building or structure.

Adult congregate living facility means a facility which undertakes through its ownership or management to provide for a period exceeding 24 hours, one or more personal services for four or more adults, not related to the owner or administrator by blood or marriage, who require such services. The term "personal services" means services in addition to housing and food service, which include but are not limited to personal assistance with bathing, dressing, ambulation, housekeeping, supervision, eating, supervision of self-administered medications, and assistance with securing health care from appropriate sources.

Adverse effect means increases in flood elevations on adjacent properties attributed to physical changes in the characteristics of the official 100-year flood area due to development.

Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

Alter or alteration of a stormwater management system means work done other than that necessary to maintain the system's original design and function.

Alteration includes any changes in structural parts, including any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; stairways, type of construction, kind or class of occupancy, light or ventilation, means of ingress or egress, or other changes affecting or regulated by the building code or this chapter, except for minor changes or repairs not involving the aforesaid features. The application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

Animal hospital, veterinary clinic, general and small. See section 24-234(c)(1).

Aquaculture means land devoted to the hatching, raising, and breeding of fish or other aquatic plants or animals for sale or personal use.

Aquifer or aquifer system means 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.

Aquifer recharge area means an area that has soils and geological features that is conductive to allowing significant amounts of surface water to percolate into groundwater.

Area of shallow flooding means 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 means the area so designated on a flood hazard boundary map or the flood rate insurance map.

Arterial streets means inter-regional roads conveying traffic between towns, boroughs, and other urban centers. Efficient movement is the primary function of arterial roads, hence, private access and frontage should be controlled and limited to high-volume generators of vehicle trips.

Authority, delegation of. Whenever a provision requires the head of a department or some other county officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

Automobile wrecking or automobile wrecking yard means the dismantling or disassembling of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.

Automotive, boat, mobile home, trailer, and farm implement sales means the sale or rental of new and used motor vehicles, mobile homes, trailers or farm implements.

Automotive repair means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.

Automotive self-service station means an establishment where motor fuel pumps are erected for the purpose of dispensing motor fuel at retail primarily for automobiles, but does not include minor automotive repair or the outside display of batteries, tires and automobile accessories nor additional services which are customarily associated with an automotive service station.

Automotive service station means an establishment whose principal business is the dispensing at retail of motor fuel and oil primarily for automobiles and where grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. In addition, an automotive service station may provide accessory facilities for car washing and polishing and may render minor repair services. An automotive service station, however, is not a repair garage, a body shop, truck stop or a car wash

Bar, cocktail lounge, or tavern means any establishment which is devoted primarily to the retailing and on-premises drinking of malt, vinous, or other alcoholic beverages, and which is licensed by the state to dispense or sell alcoholic beverages.

Basement means that portion of a building between the floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from the grade to the floor below is less than the vertical distance from the grade to the ceiling provided, however, that the distance from the grade to the ceiling shall be at least four feet, six inches.

Bed and breakfast inn means an owner-occupied dwelling unit that contains no more than three guest rooms where lodging with or without meals, is provided for compensation.

Bicycle and pedestrian ways means any road, path or way which is open to bicycle travel and traffic afoot and from which motor vehicles are excluded.

Billboard means a sign that identifies or communicates a commercial or non-commercial message related to an activity conducted, as service rendered, or a commodity sold at a location other than where the sign is located. Billboards may be any of the following types:

(1)

Single-faced billboard, which is a billboard with one face which faces one direction only.

(2)

Double-faced billboard, which is a billboard with two faces which face two different directions. For purposes of this chapter, the following billboards shall be considered double-faced billboards:

a.

A structure having two faces placed back to back; and

b.

A structure constructed in the form of a "V" (when viewed from above).

(3)

Tri-faced billboard, which is a billboard with three faces forming a triangle (when viewed from above) which faces three different directions.

Block means a tier or group of lots existing with well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter, or other name through which it may be identified.

Borrow pit means 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 for and incidental to site grading or building construction or for use onsite. No processing on site is involved, except for the use of scalping screen to remove large rocks, wood and other debris. Construction, modification or expansion of a borrow pit shall comply with Chapter 62-330, Florida Administrative Code. Such a borrow pit with a total surface area of less than ten acres in size may be permitted in agricultural and industrial zoning districts and by special exception if ten acres or more in size. Borrow pits are not considered mining, mineral extraction or excavation activities and shall be regulated pursuant to section 24-161.

Boardinghouse means an establishment, other than an adult congregate living facility or a health care facility, with lodging for four or more persons not defined as a family, where meals are regularly prepared and served for compensation and where food is placed upon the table family-style, without service or ordering individual portions from a menu.

Breakaway wall means 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.

Buffer area means a landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. A minimum 25-foot zone of upland areas with existing native vegetation (tree canopy, understory, and ground cover) shall be required immediately adjacent to wetlands to protect the wetlands from the detrimental impacts of development or land alteration. A wider buffer of up to 50 feet may be required on a site specific basis depending on the characteristics of the particular site, i.e., wetland composition, size and quality, topography, hydrology, soil types, and/or proposed land uses. The buffer shall include the original native vegetation or planted native or compatible garden species where there is no existing vegetation (per comprehensive plan policy E.1.3.10).

Buildable area means that portion of a lot remaining after the required yards have been provided.

Building means any temporary or permanent structure having a roof impervious to weather and a fixed base on a fixed connection to the ground which is used or built for the shelter or enclosure of persons or things. The term "building" includes the term "structure."

Building front yard setback line means the rear edge of any required front yard as specified within this chapter.

Building, height of , means the vertical distance measured from the established grade at the center of a front of a building to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof, and to the mean height level between eaves and ridge of gable, hip, and gambrel roof.

Building line means the rear edge of any required front yard or the rear edge of any required setback line.

Campground means a developed or undeveloped area used for the setting up of temporary vacation or recreation living facilities including tents, recreational vehicles not to exceed ten at one time, and similar facilities. See requirements for RV parks.

Capital improvements means 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. Physical assets which have been identified as existing or projected needs in the comprehensive plan shall be considered capital improvements.

Car wash means a building or area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor.

Cellar means that portion of a building, the ceiling of which is entirely below grade or less than four feet, six inches above grade.

Certificate of occupancy. A new building shall not be occupied and a change in occupancy of a building or part of a building shall not be made until after the building official shall have issued a certificate of occupancy thereof.

Child care center means a building or structure where care, protection, and supervision are provided on a regular schedule, at least twice a week to six or more children, including children of the adult provider. The term "child care center" includes day nurseries, kindergartens, day care services, nursery schools, or play schools.

Child care center, overnight, means a building or structure where care, protection, and supervision are provided to six or more children, including children of the adult provider, not only during the day but also overnight. An overnight child care center provides full overnight sleeping facilities for such children.

Child care, home, means a private residence where care, protection, and supervision are provided, for a fee, at least twice a week to no more than six children at one time, including children of the adult provider.

Clinics, medical or dental, means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons practicing any form of the healing arts, whether such persons are medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is regulated by the state.

Clearing means the removal of trees and brush from the land, not including the ordinary mowing of grass, trimming of trees and bushes, etc.

Close family member means an individual who is of the following category: parent, stepparent, adopted parent, sibling, child, stepchild, adopted child or grandchild of the parent property owner wishing to grant said person a "family lot" as defined generally in this section and more specifically in section 24-141(a) and (b).

Club, private, means those associations and organizations of a civic, fraternal, recreational, or social character, not operated or maintained for profit. The term "private club" shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.

COE means U.S. Army Corps of Engineers.

Collector streets means streets which serve as the connecting link for local streets and arterials. The traffic characteristics generally consist of relatively short trip lengths with moderate speeds and volumes. In addition, collectors are so functionally classified as such on the future traffic circulation map of the comprehensive plan.

Commercial feedlots means any premises used principally for the raising or keeping of animals in a confined area at a concentration of one animal per 600 square feet or less.

Commercial service establishments means businesses primarily engaged in communications activities, including newspaper and printing services, television and radio services, and telephone and telegraph services.

Commercial use means an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

Communication tower means a tower greater than 35 in height and which does not exceed 300 feet in height (including antenna) which supports communication (transmission or receiving) equipment. The term "communication tower" shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC). Design examples of communication towers are described as follows:

(1)

Self-supporting lattice;

(2)

Guyed; and

(3)

Monopole.

These definitions are used in regard to communication antennas and towers and are more fully defined in section 24-235:

Alternative support structure means any manmade structure, except towers, including, but not limited to, buildings, power poles, light poles, clock towers, bell towers, steeples, water towers and the like, which allow for the attachment of antennas.

Antenna means a device for radiating or receiving radio waves. As used in this section, the term "antenna" shall include all antennas integrated and used as a single unit, such as an antenna array.

Camouflaged means a structure designed to support one or more antenna but designed to unobtrusively blend into the existing surroundings and disguised so as to not have the appearance of a tower. Such tower shall be consistent in size, scale and appearance with the type of object it is designed to resemble.

Customer premises equipment means telecommunications equipment on the premises of telecommunications customer for the sole use of the occupants of the premises.

Guyed means a tower anchored with guide wires.

Lattice means a self-supporting tower with three or more side or open-framed supports.

Mobile station means equipment which is not fixed and ordinarily moves. Such a facility is typically the end users equipment such as a wireless telephone.

Monopole means a single, self-supporting tower of concrete, steel, or similar materials having a solid appearance and no guide wires.

Speculative means a tower which is proposed for erection without evidence of any antenna leases or agreement for use of the tower.

Tower means a structure, greater than 15 feet in height, designed and used primarily to support one or more antenna of any type.

Community residential home means a dwelling unit licensed pursuant to state statutes to serve clients of the state department of children and families which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

Completely enclosed building means a building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.

Comprehensive plan means the official comprehensive plan adopted by the board of county commissioners pursuant to the Community Planning Act (F.S. § 163.2511 et seq.) and the Florida Administrative Code.

Cone of influence means an area around one or more major water wells, the boundary of which is determined by the board of county commissioners based on groundwater travel or drawdown depth.

Conservation areas means environmentally sensitive and valuable lands protected from any activity that would significantly alter their ecological integrity, balance, or character, except in cases of overriding public interest. Conservation areas include freshwater marshes, shallow grassy ponds, hardwood swamps, cypress swamps, natural shorelines (other than natural beaches or dunes), sand pine-scrub communities, and other areas of significant biological productivity or uniqueness.

Conservation easement means an easement granting a right of interest in real property that is appropriate to retaining land or water areas predominately in their natural, scenic, open or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; or maintaining existing land uses.

Construction, actual, means the placing of substantial construction materials in permanent position and fastened in a permanent manner; except that where demolition, excavation, or removal of an existing structure has been substantially begun preparatory to new construction, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be continuously carried on until the completion of the new construction involved. Actual construction shall include only work begun under a valid building permit.

Contouring means the returning of the affected land to a topographical state similar to the land's appearance and surface elevations of the ground prior to any mining activities in accordance with county's approved reclamation plan.

Convenience goods means a convenience store, tobacco shop, newsstand, bakery, delicatessen, food eatery, dairy product store, meat and seafood markets, bicycle sales, automatic banking teller, small dry cleaners, gas pumps and car wash as accessory use, video movie rental.

Convenience store means any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

Density, gross, refers to the number of dwelling units per gross acre of land and which is determined by dividing the total acreage within the lot or parcel, including portions of the property which are or are proposed to be streets, sites dedicated to a governmental body for public use and other common areas, by the number of dwelling units. In the determination of the number of residential units to be permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit.

DEP or FDEP means Florida Department of Environmental Protection (DEP).

Developer means any person, individual, partnership, association, syndicate, firm, corporation, trust or legal entity engaged in developing or subdividing land under the terms of this chapter. The term "developer" is intended to include the term "subdivider."

Development shall have the same meaning as the same term in F.S. § 380.04, as amended and include 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.

Development agreement means any agreement entered into by the county with any person having a legal or equitable interest in real property located within its jurisdiction as provided for by F.S. §§ 163.3220—163.3243, as may be amended from time to time.

Development order means any order granting, denying or granting with conditions, an application for a development permit.

Development permit includes any building permit, zoning permit, subdivision approval, rezoning certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land.

District means a zoning classification as designated by this chapter. Zoning districts as established in this chapter must be in conformance with the land use categories depicted on the future land use map of the comprehensive plan. See section 24-103(d) for rules for interpretation for district boundaries, and for these specific definitions:

(1)

Centerlines.

(2)

Lot lines.

(3)

Railroad tracks.

(4)

Division of single ownership lot by district line.

(5)

Mean ordinary high water lines.

(6)

Body of water.

(7)

Boundaries parallel.

(8)

Measurement of district boundaries.

Dredging means excavation by any means in waters or wetlands. The term "dredging" also refers to the creation of a new water body intended to be connected to existing water bodies.

Drive-in facility means an establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile.

Drive-in theater means a place of outdoor assembly used for the showing of plays, operas, motion pictures, and similar forms of entertainment which is designed to permit the audience to view the performance from vehicles parked within the theater.

Dwelling or dwelling unit means any building, portion thereof, or other enclosed space or area used as or intended for the use as the home of one family, with separate cooking and housekeeping facilities, either permanently or temporarily.

Dwelling, mobile home, means a detached one-family dwelling unit with all the following characteristics:

(1)

Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems;

(2)

Designed for transportation after fabrication on streets or highways on its own wheels or on a flatbed or other trailers;

(3)

Arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like; and

(4)

Manufactured homes defined by this chapter as standard design manufactured homes and which do not meet the installation criteria prescribed in law and ordinance shall be considered a mobile home. A travel trailer is not to be considered a mobile home.

Dwelling, multiple dwelling use. For purposes of determining whether a lot is in multiple dwelling use, the following considerations shall apply:

(1)

Multiple dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management or cooperative apartments, condominiums, and the like.

(2)

Where an undivided lot contains more than one building and the buildings are not so located that lots and yards conforming to requirements for single- or two-family dwellings in the district could be provided, the lot shall be considered to be in multiple dwelling use if there are three or more dwelling units on the lot, even though the individual buildings may each contain less than three dwelling units.

(3)

Guest houses and servant's quarters connected with single-family residences shall not be considered as dwelling units in the computation of subsection (2) of this definition.

(4)

Any multiple dwelling in which dwelling units are available for rental for periods of less than one week shall be considered a tourist home, a motel, motor hotel, or hotel as the case may be.

Dwelling, multiple-family or multifamily, means one building under one roof containing three or more dwelling units. Housing for the aged, which does not provide for routine nursing and/or medical care, shall be construed to be a multiple-family dwelling.

Dwelling, one family , means one building under one roof containing only one dwelling unit. A one family dwelling may be either a single-family conventional dwelling or a mobile home dwelling.

Dwelling, residential design manufactured home , means a manufactured home built on or after June 15, 1976, and certified to be in compliance with the manufactured housing construction safety standards (42 USC 5401 et seq.) promulgated by the United States Department of Housing and Urban Development, and such manufactured home shall:

(1)

Have house-type siding and roofing materials with treatment of a type generally acceptable for site-built housing;

(2)

Measure at least 20 feet in width (requiring at least a double section home);

(3)

Have a minimum roof pitch of 2½ rise for each 12 feet of horizontal run; and

(4)

Have a minimum roof-overhang on all sides of six inches.

Dwelling, single-family , means a building containing only one dwelling unit and structurally connected to no other dwelling unit. The term "single-family dwelling" also includes dwelling units which meet the state certification requirements for a manufactured building. For regulatory purposes, the term "single-family dwelling" is not to be construed as including mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, house boats, or other forms of temporary or portable housing.

Dwelling, standard design manufactured home , means a manufactured home built on or after June 15, 1976, and certified to be in compliance with the manufactured housing construction safety standards (42 USC 5401 et seq.) promulgated by U.S. Department of Housing and Urban Development, which does not meet the definition of a residential design manufactured home.

Dwelling, two-family or duplex , means one building under one roof containing only two dwelling units.

Dwelling unit (DU) means a room or rooms connected together, constituting a separate, independent housekeeping establishment for one family, for owner occupancy or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping facilities and one kitchen.

Easement means any strip of land created by a subdivider for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Elevated building means a non-basement building built to have the lowest floor elevated above the ground level by foundation walls, posts, piers, pilings, columns, or shear walls.

Elevation means height in feet above mean sea level as established by the National Geodetic Vertical Datum (NGVD) of 1929.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain, which may impede or alter the flow capacity of the floodplain.

EPA means U.S. Environmental Protection Agency.

Engineer means a professional engineer registered to practice engineering by the state who is in good standing with the state board of engineer examiners.

Excavation means the digging, stripping, or removal by any process of natural materials or deposits from their natural state and location, said materials and deposits include oil, gas, rock, stone, minerals, shell, sand, marl, peat and soil, but not sod or nursery trees or plants. The term "excavation" shall not include fish ponds, borrow pits or the creation of water bodies undertaken as a part of a planned unit development or other subdivision or activities associated with the construction of stormwater management facilities, excludes excavations solely in aid of on-site farming or on-site construction.

Exotic animals means all animals excepting house cats, dogs, feathered vertebrates and poultry and livestock.

Extermination means the control and extermination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods.

Facade means the exterior wall of a building exposed to public view or that wall viewed by persons within the building.

Facility means a building or buildings, appurtenant structures and surrounding land area used by a single business private entity or governmental unit or sub-unit at a single location or site.

Family means one or more persons occupying a single dwelling unit, provided that unless all members are related by consanguinity, adoption, marriage or foster care, and further provided that domestic servants employed on the premises may be housed on the premises without being counted a separate or additional family or families and not more than two roomers or boarders may occupy the dwelling unit (for three or more boarders, see group living facility). The term "family" shall not be construed to mean a fraternity, sorority, club, monastery or convent, or institutional group.

Family lot means a lot occupied by persons who are close family members of the family person occupying a property's principal residential dwelling and owning the property. The intent of the family lot is to facilitate the ability of close family members to live in close proximity of one another if they so desire. See definition in this section for Close family member.

Farm means any parcel of land which is used for gain for farming or the raising of agricultural products, livestock, poultry and dairy products. The term "farm" includes necessary farm structures within the prescribed limits and the storage of equipment used.

Farming includes horticulture, commercial hatching or raising of poultry, the production of eggs, the raising of hogs, pasturage of animals such as cattle, horses and sheep, dairies and dairy products, citrus groves and orchards (as well as other fruits and nuts), plant nurseries, sheds, stables (private), barns, truck farms, fish hatcheries, fish pools, and other customary and similar uses or structures devoted to the on-site farm uses.

FDEP or DEP means Florida Department of Environmental Protection (DEP).

Feedlot means any tract of land or structure, pen, or corral, wherein cattle, horses, sheep, goats, and swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.

Fence means a freestanding accessory structure, designed and intended to serve as a barrier, or as a means of enclosing a structure, yard, or other area; or, to serve as a boundary feature separating two or more properties.

Fill means any materials deposited for the purpose of raising the level of natural land surface.

Filling means the deposition of materials in wetlands or water bodies.

Financial establishments means businesses primarily engaged in offering financial services, such as those provided by banks, savings and loan associations, credit unions, security and commodity brokers, dealers and exchanges, and holding and other investment companies.

Fish pond means, generally, any natural or artificial area which has a discernible shoreline and ordinarily or intermittently contains water and which surface area generally spans less than two acres in size, and which exists for the purpose of supporting aquatic life for casual harvesting or ornamental and/or landscaping design. Such a fish pond with a total surface area less than two acres in size may be permitted in any zoning district and shall comply with the following conditions:

(a)

The fish pond site is situated no closer than ten feet from the nearest property line or structure; and

(b)

The fish pond is at least 100 feet from the nearest water body, including other fish ponds; and

(c)

The fish pond is created and maintains no steeper than a 4:1 slope from grade.

Fish ponds with a surface area totaling two acres or more in size may be permitted by special exception in agricultural zoning districts, provided that: The parcel of land pond on which the fish pond is situated is at least ten acres in size; the applicant complies with policies E.1.5.1, and E.1.5.3 of the county comprehensive plan; the fish pond site is situated no closer than 100 feet from an existing public roadway and no closer than 500 feet from any adjacent development or landowner; and the applicant obtains all necessary permits from the applicable water management district. See also subsection 24-159(a). Construction, modification or expansion of a fish pond shall comply with Chapter 62-330, Florida Administrative Code.

Flag lot means a parcel of land that is situated generally behind a lot or lots fronting on a paved street or highway; does not have the required street frontage as required herein (but does maintain street frontage along the width of the access strip); and is accessible from the street only over an access strip that is owned in fee simple by the owner of said flag lot.

Flea market means an occasional or periodic sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.

Flood or flooding means:

(1)

A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters;

b.

The unusual and rapid accumulation or runoff of surface waters from any source;

c.

Mudslides (i.e., mudflows) proximately caused by flooding as defined in subsection (1)b of this definition and akin to a river of liquid and flowing mud on the surface of normally dry land areas; as when earth is carried by a current of water and deposited along the path of the current.

(2)

The collapse or subsidence of land along a shore of a lake or other body of water as the result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)a of this definition.

Floodplain management or stormwater management means the operation of an overall program of corrective and preventive measures to reduce flood damage, and preserve, and enhance natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. See definition for Stormwater management. These terms relate to floodplain management or stormwater management:

Area of shallow flooding (AO or AH Zone) means a designated AO or AH Zone on a community's 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. AO or AH flooding is characterized by ponding or sheet flow. Currently, there are no AO or AH Zones within the county.

Area of special flood hazard (A or AE Zone) means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Also known as "special flood hazard area."

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Also called the "100-year flood" and the "regulatory flood." "Base flood" is the term used in this chapter.

Base flood elevation means the water-surface elevation associated with the base flood.

Datum means a reference surface used to ensure that all elevation records are properly related. Many communities have their own datum that was developed before there was a national standard. The current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the North American Vertical Datum (NAVD) of 1988.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain, which may impede or alter the flow capacity of the floodplain.

Flood elevation of record means the maximum flood elevation for which historical records exist.

Flood hazard boundary map (FHBM) means an official map of a community issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

Flood insurance rate map (FIRM) means an official map of a community, issued by the Federal Emergency Management Agency (FEMA) that delineates the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study (FIS) means the official hydraulic and hydrologic report provided by the Federal Emergency Management Agency (FEMA). The study contains an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water's surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and other flood-related erosion hazards. The study may also contain flood profiles, the FIRM, FHBM (where applicable), and other related data and information.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Floodway fringe means all the land in a floodplain not lying within a delineated floodway. Land within a floodway fringe is subject to inundation by relatively low velocity flows and shallow water depths.

Freeboard means the additional height, usually expressed as a factor of safety in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors, such as wave action, bridge openings, or hydrological effect of urbanization of the watershed that could contribute to flood heights greater than the height calculated for a selected frequency flood and floodway conditions.

Functionally dependent use means a use that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term "functionally dependent use" does not include long-term storage, manufacture, sales, or service facilities.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference to establish various elevations within the floodplain. For purposes of this chapter, the term "mean sea level" is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or North American Vertical Datum (NAVD) of 1988.

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. The term "watercourse" includes specifically designated areas where substantial flood damage may occur.

Water surface elevation means, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, the height of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Floor area means, except as may be otherwise indicated in relation to particular districts and uses, the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, excluding attic areas with a headroom of less than seven feet, unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or heating or other building machinery and equipment, parking structures and basement space where the ceiling is not more than 48 inches above the general finished, graded level of the adjacent part of the lot and interior parking spaces or loading spaces for motor vehicles.

Floor area ratio means the ratio of the floor area to the size of the lot.

Floridan Aquifer system means the thick carbonate sequence which includes all or part of the Paleocene to early Miocene Series and functions regionally as a water-yielding hydraulic unit. Where overlaid by either the intermediate aquifer system or the intermediate confining unit, the Floridan contains water under confined conditions. Where overlaid directly by the surficial aquifer system, the Floridan may or may not contain water under confined conditions, depending on the extent of low permeability materials in the surficial aquifer system. Where the carbonate rocks crop out, the Floridan generally contains water under unconfined conditions near the top of the aquifer system, but, because of vertical variations in permeability, deeper zones may contain water under confined conditions. The Floridan Aquifer is the deepest part of the active groundwater flow system. The top of the aquifer system generally coincides with the absence of significant thicknesses of clastics from the section and with the top of the vertically persistent permeable carbonate section. For the most part, the top of the aquifer system coincides with the top of the Suwannee Limestone, where present, or the top of the Ocala Group. Where these are missing, the Avon Park Limestone or permeable carbonate beds of the Hawthorn Formation form the top of the aquifer system. The base of the aquifer system coincides with the appearance of the regionally persistent sequence of anhydride beds that lie near the top of the Cedar Keys Limestone.

Garage, parking , means a building or portion thereof designed or used for temporary parking of motor vehicles.

Garage, private , means a structure designed or used for inside private parking of private passenger vehicles by the occupants of the main building. A private garage attached to or a part of the main structure is to be considered part of the main building. An unattached private garage is to be considered as an accessory building.

Garage, repair , means a building or portion thereof, other than a private, storage, or parking garage or automotive service station, designed or used for repairing, equipping, or servicing of motor vehicles. Such garages may also be used for hiring, renting, storing, or selling of motor vehicles.

Garage, storage , means a building or portion thereof designed and used exclusively for the storage of motor vehicles, and within which temporary parking may also be permitted.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Gasoline service station means a business primarily engaged in the retail dispensing of automotive fuels and oil; where grease, batteries, tires and other automobile accessories may be dispensed at retail principally for automobiles, and where various automotive and convenience services may be provided, except restaurant services, major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles not in operating condition, and operation of a commercial off-street parking lot.

Glare means a sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.

Golf courses means a large track of land laid out for golf. A clubhouse and other structures shall not be located closer than 150 feet from an abutting lot or parcel.

Grade means the level of the finished ground surface immediately adjacent to the exterior walls of the building.

Gross leasable area means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.

Groundwater means water in saturated zones or stratum beneath the surface of land or water, whether or not it is flowing through known and definite channels.

Group living facility means an establishment where lodging is provided for four or more persons who are not a family or for three or more roomers or boarders, for residents rather than transients, on a weekly or longer basis, and in which residents may share common sleeping or kitchen facilities. The term "group living facility" includes dormitories, fraternities, sororities, roominghouses or boardinghouses, convents or monasteries, orphanages, and housing for other institutional groups. One-, two-, or multiple-family dwellings which constitute separate, individual housekeeping establishments for one family shall not be considered to be group living facilities.

Guest quarters. Generally, Guest quarters may be provided within AG 20 and AG 10, RCMH 2.5 and RCMH 1, and RC 1 zoning districts. Guest quarters are intended to be used exclusively for housing members of the family occupying the principal building and their nonpaying guest, provided that such quarters shall have no cooking facilities; shall not exceed 750 square feet in area; shall not be rented or leased or otherwise be made available for compensation of any kind and shall not have separate utility meters. Mobile homes shall not be used as guest quarters. See also section 24-140 for complete regulations regarding guest quarters.

Habitable room means a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.

Habitable story means any story used or to be used for living purposes, which includes working, sleeping, eating, cooking, recreation, or a combination thereof. A story used only for storage purposes having only non-load-bearing walls (e.g., breakaway lattice-work, wall, or screen) is not a "habitable story."

Halfway house means a licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the state department of corrections.

Hardship, medical , means a medical hardship which requires that the infirmed resident have continuous supervision. A temporary permit allowing a mobile home to the placed on the same site as that of a permitted use, which dwelling shall be occupied, shall be issued to facilitate a medical hardship provided the applicant show proof, in the form of a notarized letter from an attending physician, that a medical hardship exists.

Hardship, non-medical , means a hardship as related to variances from the floodplain management regulations and means an exceptional hardship associated with the land that would result from a failure to grant the requested variance. The community requires that the variance is exceptional, unusual, related to public health and welfare, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors does not qualify as an exceptional hardship. These types of problems can be resolved through other means without granting a variance, even if the alternative is more expensive, requires the property owner to build elsewhere, or to put the parcel to a different use than originally intended.

Hazardous waste means 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.

Health club means, but is not limited to, gymnasiums (except public), private clubs (athletic, health, or recreational), reducing salons, and weight control establishments.

Health/recreation facility means an indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna and pro shop.

Heavy minerals means resources found with sand deposits which have a specific gravity of not less than 2.8, and include an admixture of resources such as titanium, zircon and staurolite.

Heavy mineral mining means a specialized type of mining which includes excavation, restoration and reclamation activities necessary for the extraction of heavy minerals; excludes the process of searching, prospecting, exploring, or investigating for heavy minerals.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Historic structure means 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 qualify as a registered historic district;

(3)

Individually listed on the state inventory of historic places in the county or the county communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior.

Home occupation , unless otherwise provided herein, means an occupation profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood and which is conducted in accordance with the home occupation criteria in section 24-144.

Homeowners' association means a formally constituted nonprofit association or corporation made up of the property owners and/or residents of a fixed area; may take permanent responsibility for costs and upkeep of semiprivate community facilities.

Homestead division. See article III of this chapter.

Hospital means an institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities and services in surgery, obstetrics, and general medical practice.

Hotel, motel, motor hotel, motor lodge, or tourist court are to be considered synonymous terms and mean a building or group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with daily charge. They may include accessory uses such as eating and drinking facilities, recreation facilities and parking, but are not intended for long-term occupancy.

Household pet means animals that are customarily kept for personal use or enjoyment within the home. Household pets shall include, but not be limited to domestic dogs, domestic cats, domestic tropical birds (canaries, parrots, and parakeets), rabbits, goldfish and rodents.

Impervious surface means any surface which has been altered, covered, or controlled resulting in the virtual elimination of the infiltration and percolation of water to the underlying soils. The term "impervious surface" includes most conventionally surfaced streets, roofs, sidewalks, parking lots, and similar facilities.

Improvements means street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, road and street signs, landscaping, permanent reference monuments (PRMs), permanent control points (PCPs), or any other improvements required by this chapter.

Industry, heavy , means 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 involve hazardous or commonly recognized offensive conditions.

Industry, light , means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

Industrial park. An industrial park is designed as a planned, coordinated environment for a variety of industrial and related activities. The project is developed or controlled by one proprietary interest with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space. It has an enforceable master plan and/or covenants, conditions and restrictions. The development may be on one parcel, may be subsidized, and may have condominium ownerships or a combination of these types.

Institution means building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling, or other correctional services.

Intensive agriculture means all areas of concentrated animal density generally associated with milking barns, feed lots, chicken houses and holding pens.

Junk means old, dilapidated, scrap or abandoned metal, used machinery, iron, steel, other ferrous and nonferrous metals, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles, and parts thereof, tools, implements or portions thereof, plastic, cordage, or other waste that has been abandoned from its original use and may be used again in its present or in a new form.

Junkyard means a place, structure, or lot where junk, waste, discarded, salvaged, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are brought, bought, sold, exchanged, baled, packed, disassembled, stored, or handled, including used lumber and building material yards, house wrecking yards, heavy equipment wrecking yards, and yards or places for the storage, sale, or handling of salvaged house wrecking or structural steel materials. This definition shall not include automobile wrecking or automobile wrecking yards and establishments for the sale, purchase, or storage of second-hand cars, clothing, salvaged machinery, furniture, radios, stoves, refrigerators, or similar household goods and appliances, all of which shall be usable, nor shall it apply to the processing of used, discarded, or salvaged materials incident to manufacturing activity on the same site where such processing occurs.

Kennels means any premises, except where accessory to an agricultural use, where 15 or more dogs or other domestic animals which are not sick or injured and are four months in age or older are boarded for compensation, cared for, trained for hire, kept for sale, or bred for sale, but not including veterinary clinics.

Land means the earth, water and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Land development regulations means regulations which address the use of land and water, subdivision of land, drainage and stormwater management, protection of environmentally sensitive areas, sign control, standards for public facilities and services, on-site traffic flow and parking and any other regulation so deemed appropriate by the board of county commissioners.

Landfill means a disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume, and applying cover material over all exposed waste at the end of each operating day.

Landmark means a building or structure which has been designated as such within the comprehensive plan.

Landmark site means the land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises or the setting for the landmark.

Laundry, self-service , means a business that provides home-type washing, drying, and/or ironing machines for hire to be used by customers on the premises.

Level of service means 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. The term "level of service" indicates the capacity per unit of demand for each public facility.

Lien means a claim on the property of another as security against the payment of a just debt.

Limited notice means if, after a notice is sent to interested parties stating the date and time of a public hearing scheduled before the board of adjustments pursuant to the procedures for a special exception, no objection is received within five days of the public hearing, the planning and zoning director may cancel the public hearing and issue the special use permit.

Livestock means all domesticated animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle and poultry.

Loading space, off-street , means a space logically and conveniently located for pickups and/or deliveries or for loading and/or unloading, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.

Local planning agency means the agency designated by the board of county commissioners under the provisions of the Community Planning Act (F.S § 163.2511 et seq.).

Local streets means streets whose primary function is to provide the initial access to the collector and arterial roadways. These facilities are characterized by short trips, low speeds, and small traffic volumes.

Lot means a portion of a subdivision or any parcel of land intended as a unit for building development or for transfer of ownership or both. The term "lot" includes the words "plot," "parcel," "tract," or "site" and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;

(4)

A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

Lot frontage means the portion of a lot along a street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and setbacks shall be provided as set out in this chapter.

Lot line means the lines bounding a lot as established by ownership.

Lot of record means:

(1)

A lot which is part of a subdivision recorded in the office of the county clerk; or

(2)

A lot or parcel described by metes and bounds, the description of which has been so recorded on or before the date of adoption of the county's comprehensive plan.

Lowest adjacent grade means, after the completion of construction, the lowest elevation of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.

Manufactured home or housing means a factory built, single-family structure that is manufactured under the authority of 42 USC 5401, the National Manufactured Home Construction and Safety Standards Act; a building, transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home or housing" also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

Market value means the building value, which is the property value excluding the land value with the value of detached accessory structures and other improvements on the site (as agreed to between a willing buyer and seller) and established by what the local real estate market will bear. Market value can be established by an independent, certified appraisal (other than a limited or curbside appraisal, or one based on income approach), actual cash value (replacement cost depreciated for age and quality of construction of building), or adjusted tax-assessed values.

Marina means a facility that is operated and equipped primarily for the purpose of in-water or dry storage of boats.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference to establish various elevations within the floodplain. For purposes of this chapter, the term "mean sea level" is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or North American Vertical Datum (NAVD) of 1988.

Mine means an area of land on which mining operations have been conducted, are being conducted, or are planned to be conducted, as the term is commonly used in the trade.

Mining operation means all functions, work, facilities and activities in connection with the development, extraction (whether primary or secondary) or processing of mineral deposits on lands subject to the provisions of F.S. ch. 211, pt. II (F.S. § 211.30 et seq.) and all uses reasonably incident thereto. Examples include, but are not limited to, the construction of roads or other means of access, pipelines, waste disposal and storage, and recirculating water systems. The term "processing" shall not include rock drying or the processing of rock in a chemical processing plant.

Mining unit means the number of acres which an operator will disturb or affect as part of the mining operation during the year's period covered by a reclamation application.

Mobile home. See Dwelling, mobile home.

Mobile home park means a parcel of land under single ownership or management which is operated as a business engaged in providing for the parking of mobile homes to be used for non-transient living or sleeping purposes, and where lots are offered only for rent or lease, and including customary accessory uses such as owners' and managers' living quarters, laundry facilities, and facilities for parks and recreation.

Mobile home space means a lot or parcel of ground designated for the accommodation of not more than one mobile home.

Mobile home subdivision means a residential development designed for the accommodation of mobile homes on individually owned lots or in condominium or cooperative ownership, including recreation and open space areas held in common ownership, but not including developments serving tourists or vacation-oriented travel trailers, motor homes, campers, etc.

Motel, motor hotel, or motor lodge. See Hotel.

National Geodetic Vertical Datum (NGVD) means a vertical control used as a reference to establish varying elevations within the floodplain. The current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the North American Vertical Datum (NAVD) of 1988.

Natural drainage features means the naturally occurring features of an area which accommodates the flow of stormwater, such as streams, rivers, lakes, and wetlands.

New construction means structures for which the start of construction commenced on or before the effective date of the ordinance from which this chapter is derived.

Newspaper of general circulation means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

Nightclub means a commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing is permitted and includes the term "cabaret."

Nonconforming building means any building that does not meet the limitations on building size or location on a lot, or the district in which such building is located, for the use to which such building is being put. See article IV of this chapter for more detailed information on all nonconformance.

Nonconforming lot means a use or activity which lawfully existed prior to the adoption, revision, or amendment of the ordinance from which this chapter is derived, but which fails by reason of such adoption, revision or amendment to conform to the use district in which it is located. See article IV of this chapter for more detailed information on all nonconformance.

Nonconforming use means a lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established. See article IV of this chapter for more detailed information on all nonconformance.

Nuisance means the following:

(1)

Any public nuisance known in common law or in equity jurisprudence.

(2)

Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

(3)

Whatever is dangerous to human life or is detrimental to health, as determined by the county health officer.

(4)

Overcrowding a room with occupants.

(5)

Insufficient ventilation or illumination.

(6)

Inadequate or unsanitary sewerage or plumbing facilities.

(7)

Uncleanliness, as determined by the county health officer.

(8)

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the county health officer.

Nursery school. See Child care center.

Nursing home means a private home, institution, building residence, or other place, whether operated for profit or not, including those places operated by units of government, which undertakes through its ownership or management to provide for a period exceeding 24 hours, maintenance, personal care, or nursing for three or more persons not related by lineal consanguinity or marriage to the operator, who by reason of illness, physical infirmity, or advanced age are unable to care for themselves; provided that this definition shall include homes offering services for less than three persons where the homes are held out to the public to be establishments which regularly provide nursing, extended care, and custodial services.

Office, business , means an office for such operations as real estate agencies, advertising agencies (but not sign shop), insurance agencies, travel agencies and ticket sales, chamber of commerce, credit bureau (but not finance company), abstract and title agencies, insurance companies, stockbroker, employment agencies, billing office and the like. It is characteristic of a business office that retail or wholesale goods are not shown to or delivered from the premises to a customer.

Office park means a large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility.

Office, professional , means an office for the use of a person generally classified as professional such as architects, engineers, attorneys, accountants, doctors, lawyers, dentists, veterinarians (but not including boarding of animals on the premises, except as part of treatment and then only in soundproof buildings), psychiatrists, psychologists, and the like. It is characteristic of professional offices that the use is devoted principally on an offering of consultative services.

Official 100-year flood map means the map issued by the Federal Emergency Management Agency that delineates, to the nearest section, the areas having ground elevations that are less than the official 100-year flood elevations.

Oil and gas treatment and processing plant means a facility designed to separate and recover hydrocarbons (e.g., butane, ethane, propane) and/or to remove impurities (e.g., hydrogen sulfide) from oil or gas.

Open spaces means lands which remain substantially undeveloped for public or private outdoor recreation or conservation use, public health or safety, managed resource preservation, managed resource production or separation between other uses.

Operator means the person engaged, or seeking to be engaged, in a mining (including reclamation) operation or any other person who is obligated to reclaim mined lands pursuant to F.S. § 211.32.

Outdoor storage means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

Overburden means the earth and other minerals which overlie the ore and which must be removed to gain access to the ore body.

Owner means the holder of the title in fee simple and any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted. The term "owner" also means any person who, alone or jointly or severally with others:

(1)

Has legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(2)

Has charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possessions, or assignee of rents, lessee, or other person firm, or corporation in control of a building; or their duly authorized agents. Any such person thus representing the actual owner is considered to be bound by this chapter to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of this chapter pertaining to the property which apply to the owner.

Package liquor store means a place where alcoholic beverages are dispersed or sold in containers for consumption off the premises.

Parcel means a unit of land within legally established property lines. The term "parcel" also means a continuous quantity of land in the possession of, owned by, or recorded as the property of the same person. However, if the property lines are such as to defeat the purposes of this chapter or lead to absurd results, a "parcel" may be as designated for a particular site by the planning and zoning director.

Park means any public or private land available for recreational, educational, cultural, or aesthetic use.

Parking lot means an area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight off-street parking.

Parking, shared , means the development and use of parking areas on two or more separate properties for joint use by the business on those properties.

Parking space, handicapped , means an off-street parking space which is reserved for persons who are physically disabled or handicapped.

Parking space, off-street , means a space adequate for parking a standard size automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

Performance bond means a surety bond which guarantees that contractor will fully perform contract and guarantees against breach of contract. Proceeds of bonds are used to complete contract or compensate for loss in the event of nonperformance.

Permanent control point (PCP) means a secondary horizontal control monument as defined in F.S. ch. 177.

Permanent reference monument (PRM) means control monument as defined in F.S. ch. 177.

Person includes a firm, corporation, trust, company, association, organization, trust or partnership as well as an individual.

Personal service establishments means businesses primarily engaged in providing services involving apparel or the care of a person (other than health care), including laundering and dry cleaning services (except those which primarily serve other businesses), beauty and barber services, garment alterations, and funeral homes.

Pervious area means the total lot area left in a condition that permits full percolation of the stormwater including surface water bodies, wetlands and retention areas.

Planned unit development (PUD) means land under unified control to be planned and developed as a whole in a single development operation or a programmed series of development operations or phases, containing one or more residential clusters or residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this chapter. A planned unit development includes principal and accessory structures and uses substantially related to the character and purposes of the planned unit development. A planned unit development is built according to general and detailed plans that include not only streets, utilities, lots and building location, and the like, but also site plans for all building as are intended to be located, constructed, used, and related to each other, and plans for other uses and improvements on the land as related to the buildings. A planned unit development includes a program for the provisions, operations, and maintenance of such area, facilities, and improvements as will be for common use by some or all of the occupants of the planned unit development district, but which will not be provided, operated, or maintained at general public expense.

Planning and zoning board means the agency of a local government which recommends approval or disapproval of proposed projects, developments, and the like, in their jurisdiction. The board of county commissioners makes the final decision based on the recommendation of such board.

Planning and zoning director means the director designated by the board of county commissioners for the administration and enforcement of this chapter.

Plant nursery means any land used to raise trees, shrubs, flowers and other plants for sale or for transplanting.

Plat means a map of a specific land area such as a town, section, or subdivision showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, easements, etc., usually drawn to scale. The term "plat" includes the terms "replat" or "revised plat."

Plat, final , means a finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for recording.

Plot. See Lot.

Political sign, temporary , means a sign supporting campaigning candidates or causes before, during, and after an election. These signs must also conform to all other local ordinances pertaining to temporary signage. For specific regulations regarding temporary political signs, see article IX of this chapter.

Pollution means any substance, contaminant, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels that are or may be potentially harmful or injurious to human health or welfare, animal or plant life or habitat, or property, or that unreasonably interferes with the enjoyment of life or property, including outdoor recreation.

Poultry means all domesticated birds that serve as a source of eggs or meat, including chickens, turkeys, ducks, ostriches, quail, pheasants and geese.

Premises means a lot, plot or parcel of land including the buildings or structures thereon.

Principal building means a building in which the primary use of the lot on which the building is located is conducted.

Principal use means the main use of land or structures as distinguished from a secondary or accessory use.

Professional service establishments means businesses engaged in providing services such as, but not limited to, the following: medical and other health services; legal services; engineering and architectural services; and accounting, auditing, and bookkeeping services.

Public buildings and facilities means the use of land or structures by a municipal, county, state or federal governmental entity for a public service purpose. More specifically, the term "public facility" means major capital improvements including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreation, and health systems and facilities. Essential services shall not be considered public buildings and facilities.

Public use means the use of land, water or building by a municipality, public body or board, commission, authority, county, state or the federal government or any agency thereof for a public service program.

Public use, semi , includes churches and organizations operating as a nonprofit activity serving a public purpose or service and includes such organizations as non-commercial clubs and lodges, recreational and neighborhood associations, and cultural activities. A cemetery is considered a semi-public use.

Public wellfield means a well with a permitted capacity of 100,000 gallons per day or more which is used or intended for the domestic water supply of ten or more residential units.

Recharge area means all land within identified medium and high groundwater recharge areas to the Floridan Aquifer as defined by the St. Johns or Suwannee Water Management Districts.

Reclamation means the reshaping of land disturbed or affected by mining operations to an appropriate contour considering the type of use prior to mining operations, during the mining operation, and planned use after reclamation, and the surrounding topography and shall include re-vegetation of the lands in an approved manner.

Recreational facility means a component of a recreation site used by the public such as a trail, court, athletic field or swimming pool.

Recreational uses means activities within areas where recreation occurs.

Recreational vehicle means a vacation or other vehicular or portable unit which is either self-propelled or towed or is carried by a motor vehicle and which is intended for human occupancy, is designed for vacation or recreation purposes (not residential), and including, but not limited to, travel trailers, camping trailers, truck campers, and motor homes. A recreational vehicle is one that is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recycling center means a building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products.

Recycling collection point means an incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas, such as in churches and schools.

Recycling plant means a facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, and other paper products; glass; metal cans; and other products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.

Regulated materials means the following:

(1)

Petroleum products, which include fuels (gasoline, diesel fuel, kerosene and mixtures of these products), lubricating oils, motor oils, hydraulic fluids and other similar products. The term "regulated materials" does not include liquefied petroleum gas, American Society for Testing and Materials Grade Number 5 and Number 6 residual oils, Bunker C residual oils, intermediate fuel oils used for marine bunkering with a viscosity of 30 and higher and asphalt oils.

(2)

Substances listed by the Administrator of the United States Environmental Protection Agency pursuant to section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. This list is provided in title 40 (Protection of the Environment) of the Code of Federal Regulations, part 302, Designation, Reportable Quantities and Notification.

(3)

Substances listed by the Administrator of the United States Environmental Protection Agency pursuant to title III of the Superfund Amendments and Reauthorization Act of 1986. The list is provided in title 490 of the Code of Federal Regulations, part 355, Emergency Planning and Notification.

(4)

Materials listed by the Secretary of the United States Department of Transportation pursuant to the Hazardous Materials Transport Act. This list is provided in title 49 (Transportation) of the Code of Federal Regulations, part 172, Hazardous Materials Tables and Communications Regulations.

(5)

The following elemental metals, if they are stored in an easily crumbled, powdered, or finely divided state: aluminum, beryllium, cadmium, chromium, copper, lead, manganese, mercury, molybdenum, nickel, rhodium, silver, tellurium, tin and zinc.

(6)

Mixtures containing the above materials if they contain one percent or more by volume or if they are wastes.

(7)

Any material not included in subsections (1) through (6) of this definition which may present similar or more severe risks to human health or the environment as determined by the land development regulation administrator. Such determinations must be based upon competent testing or other objective means with conclusions which indicate that the material may pose a significant potential or actual hazard.

Repair means the replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required existing facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be in violation of a provisions of law or ordinance. The term "repair" or "repairs" shall not apply to any change of construction.

Repair service establishments means businesses primarily engaged in repairing items and which undertake no more than a minimal amount of manufacturing, not including auto repair.

Research laboratory means a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Residential buildings means buildings in which families or households live or in which sleeping accommodations are provided and all dormitories shall be classified as residential occupancy. Such buildings include, among others, the following: dwellings, multiple dwellings and roominghouses.

Residential home for the aged means a health care facility containing characteristics of multiple family housing, providing a maximum in independent living conditions for individuals or couples and a minimum of custodial services which would include daily observations of the individual residents by designated staff personnel. As accessory uses, residential homes for the aged may include dining rooms and infirmary facilities for intermediate or skilled nursing care solely for the use of the occupants residing in the principal facility.

Resort means a hotel or motel that serves as a destination point for visitors. A resort generally provides recreational facilities for persons on vacation. A resort shall be self-contained and provide personal services customarily furnished at hotels, including the serving of meals. Buildings and structures in a resort should complement the scenic qualities of the location in which the resort is situated.

Restaurant means an establishment where meals or prepared food including beverages and confections are served to customers for consumption on or off the premises. The term "restaurant" includes cafes, coffee shops, donut shops, delicatessens, cafeterias and other establishments of a similar nature.

Restaurant, drive-in , means a retail outlet where food or beverages are sold to a substantial extent for consumption by customers in parked motor vehicles.

Restaurant, fast-food , means an establishment that offers quick food service which is accomplished through a limited menu of items already prepared and held for service or prepared, fried or griddled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served in disposable wrapping or containers.

Restoration means the return of the natural function of lands, waters, or a particular habitat or condition as nearly as possible to the state in which it existed prior to mining or excavation operations being commenced.

Restricted development zone means any land rendered unusable for development purposes by deed restrictions or other legally enforceable limitations.

Retail sales establishments means businesses which are primarily engaged in selling merchandise to customers for personal, household or farm use (including incidental manufacturing and repairing of goods on the premises, provided, however, that the space devoted to manufacturing and repairing does not exceed 20 percent of the gross floor area of the establishment), such as restaurants, bars, grocery stores, bakeries, department stores, clothing stores, fabric shops, record stores, toy stores, book stores, newsstands, stationery stores, drugstores, sporting goods stores, furniture stores, appliance stores, hardware stores, auto part stores, and bicycle shops.

Retention means the collection and storage of runoff without subsequent discharge to surface waters.

Re-vegetation means provision of either a diverse vegetation, native to the area, capable of self-regeneration at least equal in permanence to the natural vegetation or an agricultural or silvicultural crop suitable to the reclamation program and the surrounding areas.

Right-of-way.

(1)

The term "right-of-way" means any land dedicated, deeded, used, or to be used, for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, or certain designated individuals, or governing bodies.

(2)

The term "right-of-way" may also be a land measurement term, meaning the distance between lot property lines which generally contains not only the street pavement, but also the sidewalk, grass area and underground or above-ground utilities.

Riverbank setback line means a line running parallel to a river and at a distance as specified within this chapter.

Roadway functional classification means 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 local streets, arterial roads, and collector roads.

Rooming units means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Roominghouse means any dwelling, or that part of any dwelling containing one or more rooming units in which space is let by the owner or operator to three or more persons which are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.

Rubbish means combustible and non-combustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, or other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery and dust.

Sanitary sewer facilities means structures or systems designed for the collection, transmission, treatment, or disposal of sewage and includes truck mains, interceptors, treatment plants and disposal systems.

SARA means Superfund Amendments and Reauthorization Act (regarding title III, Consolidated List of Hazardous Materials)

Sawmills means mills intended for the primary processing of timber or saw logs into lumber, including planning, and shall exclude any secondary processing of the lumber thus produced into items for sale.

Scenic corridor means a strip of land on each side of a stream or roadway that is generally visible to the public traveling on such route.

Scenic easement means an easement, the purpose of which is to limit development in order to preserve a view or scenic area.

School means a facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools and high schools.

Screening means the method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features.

Seat means, for purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units, installed or indicated or each 24 lineal inches of benches, pews or space for loose chairs.

Sediment means the mineral or organic particulate material that is in suspension or has settled in surface waters or groundwaters.

Self-service station means an establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail products.

Self-service storage facility means a building consisting of individual small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies.

Servants' quarters means accommodations without cooking facilities or separate utility meters for domestic servants employed on the premises. Such units may be in either a principal or an accessory building but no such living quarters shall be rented, leased or otherwise be made available for compensation of any kind except in the form of housing for servants.

Service station means any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting and body fender work are conducted. Also see Automotive service station and Automotive self-service station.

Setback line means a line established generally parallel with and measured from the lot line, defining the limits of a yard in which no building other than accessory building or structure may be located above ground, except as may be provided.

Sidewalk means that portion of the street right-of-way outside the roadway which is improved for the use of pedestrian or bike traffic.

Sidewalk cafe means an area adjacent to and directly in front of a street-level eating or drinking establishment located within the sidewalk area of the public right-of-way exclusively for dining, drinking and pedestrian circulation. The encroachment area of a sidewalk cafe may be separated from the remainder of the sidewalk by railings, fencing or landscaping planter boxes or a combination thereof.

Sign means any device designed to inform or attract the attention of persons not on the premises on which the sign is located.

Sign, animated , means a sign with externally moving parts or messages or so operating as to give a viewer the illusion of moving parts or messages.

Sign, attached , means a sign painted on the exterior face of a building or attached to a building. Attached signs include canopy signs, marquee signs, wall signs, roof signs and projecting or hanging signs supported or attached to a canopy, awning, marquee or building.

Sign, awning, canopy or marquee , means a sign painted, stamped, perforated, or stitched or otherwise applied on the valance of an awning.

Sign, flashing , means a sign designed to attract attention by the inclusion of a flashing, changing, revolving or flickering light source or a change of light intensity.

Sign, freestanding , means a sign which is not attached to a building. Freestanding signs include ground signs, pole signs and portable signs.

Sign, identification , means a sign which depicts the name and/or address or a building or establishment on the premises where the sign is located as a means of identifying said building or establishment. An identification sign shall not contain promotional or sales material.

Sign, illuminated , means a sign illuminated in any manner by an artificial light source.

Sign, non-flashing , means a sign which does not have a flashing, changing, revolving or flickering light source or which does not change light intensity.

Sign, off-site , means a sign other than an on-site sign.

Sign, on-site , means a sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

Sign, portable , means any sign ordinarily, but not necessarily, supported on a base and in no way permanently attached or affixed to a building, the ground or another structure, including any sign attached to or displayed on a vehicle that is used for the expressed purpose of advertising a business establishment, product, service or entertainment, when that vehicle is so parked as to attract the attention of the motoring or pedestrian traffic.

Sign, projecting , means any sign other than a wall sign that is attached to and projects from the wall or face of a building or structure, including an arcade/marquee sign.

Sign, roof , means any sign erected upon, against or directly above a roof or roof eave, or on top or above the parapet, or on a functional architectural appendage above the roof or roof eave.

Sign, surface area of , means the entire area within the periphery of a regular geometric form, or combinations 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 blank masking, frames or structural elements of the sign and bearing no advertising matter. In the case of double face signs, each sign face shall be measured as surface area and the combined surface area of both faces shall not exceed the maximum permitted for the building or use.

Sign, temporary , means a display, informational sign, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary material, with or without a structural frame, and intended for a limited period of display, including decorative displays for holidays or public demonstrations.

Sign, temporary political , means signs supporting campaigning candidates or causes before, during, and after an election. These signs must also conform to all other local ordinances pertaining to temporary signage. For specific regulations regarding temporary political signs, see article IX of this chapter.

Sign, wall , means a sign painted on the outside of a building, or attached to, and erected parallel to the face of a building and supported throughout its length by such building.

Sign, window , means a sign painted, stenciled, or affixed on a window, which is visible from a right-of-way.

Silviculture means forestry, tree farming or harvesting activities which are conditioned for commercial use or conservation management.

Site. See Lot.

Site plan means a plan prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.

SJRWMD means St. Johns River Water Management District.

Soil survey means the United States Department of Agriculture, Soil Conservation Service Soil Survey for the county.

Solid waste means 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.

Solid waste facilities means 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.

Solid waste processing plant means a facility for incineration, resource recovery, or recycling of solid waste prior to its final disposal.

Solid waste transfer station means a facility for temporary collection of solid waste prior to transport to a processing plant or to final disposal.

Special exception means a use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning district as a special exception if specific provision for such a special exception is made in this chapter.

Sports club means activities such as hunting, fishing, riding and country clubs, exclusive of outdoor firing ranges and private gun clubs. Riding stables shall require a minimum of one acre per three grazing animals.

SRWMD means Suwannee River Water Management District.

Stable, public , means a building or land where animals are kept for remuneration, hire, sale, boarding, riding or show.

Stairway means one or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure.

Start of construction means substantial improvement, provided the actual start of construction, repair, reconstruction, or improvement was within 90 days of the date the building permit was issued. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Stormwater means the flow of water which results from and that occurs immediately following a rainfall.

Stormwater management system means a system designed to treat stormwater, or collect, convey, channel, hold, inhibit or divert the movement of stormwater on, through, and from a site.

Stormwater runoff means that portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches or in a closed conduit system.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it (including basement), or if there is no floor above it, then the space between such floor and the ceiling next above it.

Street.

(1)

The term "street" means a public or private thoroughfare used or intended to be used for passage or travel by motor vehicles. The term "street" includes lanes, ways, places, drives, boulevards, roads, avenues or other means of ingress or egress regardless of the descriptive term used. Streets are classified by the functions they perform.

a.

Residential access streets have the sole purpose of providing frontage for service and access to private lots. These streets carry only traffic having either destination or origin on the street itself. The elimination of through traffic and the geometric design of the street are means to promote safety and to create a desirable residential neighborhood.

b.

Residential sub-collectors are access streets that provide frontage for residential lots and may carry a small amount of residential through traffic collected only from tributary residential access streets.

c.

Residential collectors are streets that conduct and distribute traffic between other residential streets of lower order in the streets hierarchy and higher order streets or major activity centers. This is the highest order of street appropriate to a residential neighborhood and residential frontage along it should be prohibited or severely restricted.

(2)

Higher order streets exist but do not belong within a residential area and should be excluded. These include:

a.

Arterials, which are interregional roads conveying traffic between towns, boroughs, and other urban centers. Efficient movement is the primary function of arterial roads, hence, private access and frontage should be controlled and limited to high-volume generators of vehicle trips.

b.

Expressways, which are limited access interregional arterial routes (superhighways). They are designed exclusively for unrestricted movement, have no private access and intersect only with selected arterial highways or major streets by means of interchanges engineered for free-flowing movement.

Street line means the line between the street and abutting property. A street line is also referred to as the right-of-way line.

Subdivider means any person, firm, corporation, partnership, association, estate, or trust or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, including a developer or an agent of a developer.

Subdivision means the division of a parcel of land, whether improved or unimproved, into three or more lots or parcels of land, for the purpose of transferring fee simple ownership, whether by deed, or other recorded instrument or, if the establishment of a new street is involved, any division of such parcel into three or more lots or parcels. The term "subdivision" shall not mean or apply to the transfer of property by sale or gift or estate succession by the property owner to his spouse or lineal descendants, or the transfer of properties between tenants in common for the purpose of dissolving the tenancy in common among those tenants. In addition, the term "subdivision" does include, by preliminary exemption, the division of any lands which are greater than ten acres in size. The term "subdivision" also includes a re-subdivision of previously subdivided parcels.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means, for a structure built prior to the enactment of the ordinance from which this chapter is derived, any repair, reconstruction or improvement of a structure the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. Substantial improvement is considered to occur when the first alteration on any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places.

Surety device means an agreement by a subdivider with the board of county commissioners for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.

Surface water means water above the surface of the ground whether or not flowing through definite channels, including the following:

(1)

Any natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernible shoreline; or

(2)

Any natural or artificial stream, river, creek, channel, ditch, canal, conduit culvert, drain, waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction either continuously or intermittently and which has a definite channel, bed or banks; or

(3)

Any wetland.

Surficial aquifer system means the permeable hydrogeologic unit contiguous with land surface that is comprised principally of unconsolidated to poorly-indurated, clastic deposits. It also includes well-indurated carbonate rocks, other than those of the Floridan Aquifer System where the Floridan is at or near land surface. Rocks making up the surficial aquifer system belong to all or part of the upper Miocene to Holocene Series. It contains the water table and water within it is under mainly unconfined or locally confined conditions; however, beds of low permeability may cause semi-confined conditions to prevail in its deeper parts. The lower limit of the surficial aquifer system coincides with the top of laterally extensive and vertically persistent beds of much lower permeability. Within the surficial aquifer system, one or more aquifers may be designated based on lateral or vertical variations on water bearing properties.

Surveyor, land , means a land surveyor registered under F.S. ch. 472 who is in good standing with the state board of engineer examiners and land surveyors.

Temporary political sign means signs supporting campaigning candidates or causes before, during, and after an election. These signs must also conform to all other local ordinances pertaining to temporary signage. For specific regulations regarding temporary political signs, see article IX of this chapter.

Temporary use means a prospective use, intended for limited duration, to be located in a zoning district not permitting such use and not continuing a nonconforming use or building.

Time, computation of. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

To plat means to divide or subdivide land into lots, blocks, parcels, tracts, sites or other divisions, however, the same may be designated and recorded in the office of the county clerk in the manner provided for in this chapter.

Triangle of clear visibility. See Visibility triangle.

Truck stop means an establishment where the principal use is primarily the refueling and servicing of trucks and tractor trailer rigs. Such establishments may have restaurants or snack bars and sleeping accommodations for the drivers of such over-the-road equipment and may provide facilities for the repair and maintenance of such equipment.

Truck terminal means land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.

Unsafe building means any structure that has any of the following conditions, such that the life, health, property or safety of the general public is endangered:

(1)

Whenever the stress in any material, member or portion thereof, due to all imposed loads including dead load exceeds the working stresses allowed in the county building code for new buildings.

(2)

Whenever a building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the buildings or structures is less than it was prior to the damage and is less than the minimum requirement established by the county building code for new buildings.

(3)

Whenever for any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is designed.

(4)

Whenever any building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse.

(5)

Whenever any building, structure or portion thereof has been construed or maintained in violation of a specific requirement of county regulations.

(6)

Whenever any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.

Use means the purpose for which land or water or a structure thereon is designed, arranged or intended to be occupied or utilized or for which it is occupied or maintained. The use of land or water in the various zoning districts is governed by this chapter.

Use of land means use of land, water surface and land under water to the extent covered by this chapter.

Utilities means, but is not necessarily limited to, water systems, electrical power, sanitary sewer systems, stormwater management systems and telephone or television cable systems; or portions, elements or components thereof.

Valuation or value means the estimated cost to replace a building in kind.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement this chapter would result in unnecessary and undue hardship on the land. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning classification or district or adjoining zoning classifications or districts.

Visibility triangle. To provide a clear view of intersecting streets to the motorist, there shall be a triangular area of clear visibility formed by two intersecting streets or the intersection of a driveway and a street. At intersections of alleys and vehicular driveways with sidewalks, the clear visibility triangle shall be formed from the point where edge of the sidewalk farthest from the street meets the alley for a distance of five feet along the sidewalk, then diagonally to a point along the alley five feet from the point of beginning, and then to the point of beginning. For all requirements see article VII of this chapter. See the illustration of a clear visibility triangle below:

Warehousing and distribution means a use engaged in storage, wholesale, and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Water body means those natural areas identified by the state or county as a lake, river, creek, stream or estuary as those bodies of water meandered or are altered by the government.

Water-dependent uses means activities which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for; waterborne transportation including ports or marinas; recreation; electrical generating facilities; or water supply.

Water management districts:

(1)

SJRWMD means St. Johns River Water Management District; or

(2)

SRWMD means Suwannee River Water Management District.

Water-related uses means 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.

Water wells means wells excavated, drilled, dug, or driven for the supply of industrial, agricultural, or potable water for general public consumption.

Watercourse means any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently and which has a definite channel, bed, bank or other discernable boundary.

Well means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when intended use of such excavation is to conduct groundwater from an aquifer or aquifer system to the surface by pumping or natural flow, to conduct waters or other liquids from the surface into any area beneath the surface of land or water by pumping or natural flow, or to monitor the characteristics of groundwater within an aquifer system. Geotechnical borings greater than 20 feet in depth shall be included in the definition of "well."

Wellfield management zone means a wellfield protection area around wellheads with a permitted capacity of 100,000 gallons per day or more.

Wellfield, public , means a well with a permitted capacity of 100,000 gallons per day or more which is used or intended for the domestic water supply of ten or more residential units.

Wetlands means those areas identified as jurisdictional wetlands under state law, by rule of the Department of Environmental Protection and/or the St. Johns River Water Management District, the Suwannee River Water Management District and/or U.S. Army Corps of Engineers.

Yard means a required open space unoccupied and unobstructed from the ground upward, provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

Zone of exclusion. Public water wellfields shall be protected from adverse impacts of development by requiring a 200-foot fixed buffer radii zone of non-polluting land uses around each wellfield as described in the St. Johns River Water Management District (SJRWMD) publication "Guide to Groundwater Protection in Florida," Volume 1, October 1990, page 55. Non-polluting land uses shall include recreation and conservation land uses, low and medium density residential land uses, and commercial land uses that do not produce, store, use nor sell toxic materials as defined in SARA title III (Consolidated List of Hazardous Materials). Any nonconforming land use located within 200 feet of a well serving the public will not be permitted to expand or be improved and will be phased out upon change of ownership. Should later calculations of zones of influence or zones of contribution by the water management district find that cones of influence for wells within the county are greater or less than 200 feet, this chapter, consistent with the comprehensive plan, shall be amended through procedures identified in F.S. ch. 163, to reserve land uses in an amount appropriate to adequate protection as defined by the water management district.

(LDR 2014, §§ 2.01.00, 2.02.00; Ord. No. 2013-04, § 1, 7-15-2014; Ord. No. 2017-05, § 3, 7-18-2017)