§ 24-390. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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.

Developer means any person who engages in or proposes to engage in a development as defined in this section per F.S. ch. 380, either as the owner or as the agent of an owner of property.

Development.

(1)

Generally, the term "development" means 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. The term "development" includes but is not limited to the following activities:

a.

Construction, clearing of land as an adjunct of construction, demolition of a structure, filling, excavating, grading, paving, dredging, mining, drilling or otherwise significantly disturbing the soil of a site as in the deposit of refuse, solid or liquid waste, or fill on a parcel of land.

b.

Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials. Also, the reconstruction, alteration of the size, or material change in the external appearance of a structure on land shall constitute development.

c.

Subdividing land into three or more parcels if any are for sale to separate persons or entities.

d.

A tree removal for which authorization is required under this chapter.

e.

Erection of a permanent sign unless expressly exempted by article IX of this chapter.

f.

Alteration of a historic property for which authorization is required under this chapter.

g.

Changing the use of a site so that the need for parking is increased.

h.

Construction, elimination or alteration of a driveway onto a public street.

(2)

The following activities or uses shall not be taken for the purpose of this chapter to involve "development" as defined herein:

a.

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.

b.

Work by any utility and other persons engaged in the distribution or transmission of gas, electricity, or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected landowners.

c.

Work for the maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or color of the structure or the decoration of the exterior of the structure.

d.

The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to the enjoyment of the dwelling.

e.

The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.

f.

A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.

g.

The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

(3)

"Development," as designated in this chapter or a development permit or order, includes all other activities customarily associated with it unless otherwise specified. When appropriate to the context, the term "development" refers to the act of developing or to the result of development. Reference here to particular activities is not intended to limit the generality or scope of operations considered as "development."

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 trip); and is accessible from the street only over an access strip that is owned in fee simple by the owner of said flag lot.

Improvements means street and parking pavements, curbs and gutters, swales, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, street lanes, signs, landscaping, or other physical changes or additions to the land required by the county commission.

Minor development means a commercial parcel less than five acres or a residential subdivision of less than ten lots, with direct access onto a county-maintained road and where no improvements are to be constructed.

Minor replat means the subdivision of a single lot or parcel of land into two lots or parcels, or the subdivision of a parcel into two or more lots solely for the purpose of increasing the area of two or more adjacent lots or parcels of land, where there are no roadway, drainage or other required improvements, and where the resultant lots comply with the standards of this chapter.

Parcel means a unit of land within legally established property lines. If, however, 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 director.

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

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.

Subdivision.

(1)

The term "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. 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.

(2)

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, provided the divisions meet minimum lot size requirements and zoning, subdivision rules shall not apply.

(3)

However, to forestall the illegal creation of subdivisions by estate succession or by sale or gift within and among family members or spouses; if such transfer involves division of a single parcel into more than three parcels and does not meet lot size and zoning requirements, the divisions may be subject to all rules of subdivision for development.

(LDR 2014, pt. 8.02.00; Ord. No. 2013-04, § 1, 7-15-2014)