ATTACHMENT A - GLOSSARY

The following definitions contained in this glossary are a compilation of definitions adopted in the individual chapters of the land development regulations. In the event any such definitions are subsequently amended by any amendment in individual land development regulation chapters, it is the intention of the publisher that the definitions in this glossary shall be correspondingly updated. In the event that there is any discrepancy between the definition contained in this glossary section and a definition contained in an individual chapter of the land development regulations, then the definition contained in the individual chapter shall prevail.

Abandoned motor vehicle means one that is in a state of disrepair and incapable of being moved under its own power, or lacking current license or inspection sticker where such is required by law. (Chapter 67)

Abandoned property (other than motor vehicles) means wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements. (Chapter 67)

Accessory use or structure means a use or a structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental to the use of the principal building, provided any such structure is built with or after the construction of the principal building. (Chapter 68)

Addition (to an existing building) means any walled or roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction. (Chapter 64)

Adult arcade means a place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. (Chapter 62)

Adult bookstore means an establishment which sells or rents adult material, unless the adult material is accessible only by employees and either the gross income from the sale and/or rental of adult material comprises less than ten percent of the gross income from the sale and/or rental of goods and/or services at the establishment, or the individual items of adult material offered for sale and/or rental comprise less than 25 percent of the individual items publicly displayed at the establishment as stock in trade in any of the following categories: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations, or recordings, or other audio matter. Any adult use activity other than the sale or rental of adult material shall preclude the establishment's qualifying solely as an adult bookstore and shall mandate its classification as other than an adult bookstore. (Chapter 62)

Adult booth means a separate enclosure inside an adult use establishment, accessible to any person, regardless of whether a fee is charged for access or the adult booth is fully enclosed by means of a door, curtain or other material. The term "adult booth" includes, but is not limited to, a peep show booth, adult arcade booth, or other booth used to view adult material. The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom. (Chapter 62)

Adult entertainment establishment means a site or premises, or portion thereof, upon which certain adult use activities or operations are conducted, such as, but not limited to adult arcade, adult bookstore, adult booth, adult theater, special cabarets, physical culture establishments, and adult photographic or modeling studios, including any business establishment whose primary business stock in trade is dependent upon the activities relating to specified sexual activities or specified anatomical areas. (Chapter 68)

Adult material means any one or more of the following, regardless of whether it is new or used:

(1)

Books, magazines, periodicals or other printed matter, paintings, drawings, or other publications or graphic media, or photographs, films, motion pictures, video cassettes, or disks, slides, or other visual representations, or recordings, or other audio matter, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to a specified sexual activity or specified anatomical areas; or

(2)

Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities not including those items designed and used specifically for the purpose of preventing conception. (Chapter 62)

Adult photographic studio means any business establishment which offers or advertises as its primary business stock in trade, the use of its premises for the purpose of photographing or exhibiting specified sexual activities or specified anatomical areas. (Chapter 62)

Adult physical culture establishment means any business establishment which offers or advertises, massage, body rubs or physical contact with specified anatomical areas as defined herein, whether or not licensed. Business establishments which routinely provide medical services by state licensed medical practitioners and electrolysis treatment by licensed operators of electrolysis equipment shall be excluded from this definition. (Chapter 62)

Adult theater means an enclosed building or an enclosed space within a building, or an open-air area used for presenting either filmed or live plays, dances, or other performances, either by individuals or groups, distinguished or characterized by an emphasis on material depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined in this section for observation by patrons therein. An establishment which has adult booths or is an adult arcade shall be an adult theater. (Chapter 62)

Adult use means and includes the terms "adult arcade", "adult bookstore", "adult booth", "adult theater", "special adult cabarets", "adult physical culture establishments", and "adult photographic studios" as defined in this section including any business establishment whose primary business stock in trade is dependent upon the activities relating to specified sexual activities or specified anatomical areas as defined in this section. (Chapter 62)

Advertising means any form of public announcement intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment. (Chapter 74)

Alcoholic beverage establishment means any establishment devoted primarily to the retail sale of alcoholic beverages for consumption on the premises. (Chapter 68)

Alley means a public right-of-way which affords only a secondary means of access to abutting property. (Chapter 68)

Alteration means any change, rearrangement, enlargement, extension, reduction of any structure or part thereof or moving on the same site. (Chapter 68)

Amortization means the installment costs of a use or structure extended throughout a predetermined life of such use or structure. (Chapter 68)

Animal hospital means any building or portion thereof designed or used for the veterinary care, surgical procedures or treatment of animals, but not boarding of well animals. (Chapter 68)

Antenna means any exterior transmitting or receiving device used in communications that radiates or captures electromagnetic waives, digital signals, analog signals, radio frequencies (excluding radar), wireless communications signals or other communication signals. (Chapter 68)

Appeal means a request for a review of the city's interpretation of any provision of this chapter or a request for a variance. (Chapter 64)

Architect means a person licensed by the state to practice architecture. (Chapter 68)

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. (Chapter 66)

Area or surface area of signs mean the square-foot area enclosed by a rectangle, parallelogram, triangle, circle, semi-circle, other geometric figures or other architectural design, the sides of which make contact with the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign proper or of the display.

The area of a sign composed of characters or words attached directly to a large, uniform building wall surface shall be the smallest rectangle, triangle, circle, parallelogram, other geometric figure or other architectural design which encloses the whole group of words or characters. (Chapter 74)

Artwork means drawings, pictures, symbols, painting or sculpture which in no way identify a product or business and which are not displayed in conjunction with a commercial, for profit or a nonprofit enterprise. (Chapter 74)

Assembly occupancies means occupancies that include, but are not limited to all buildings or portions of buildings used for gatherings of persons, for such purposes as seminars, conventions, conferences, deliberation, entertainment, dining, amusement or awaiting transportation. (Chapter 68)

Authorized official means any employee or agent of the city authorized in writing by the city manager to administer or enforce the provisions of this Code.

Automobile gas station means any building, structure or land used primarily for the dispensing, sale or offering for sale at retail of any automotive fuels or oils. (Chapter 68)

Automobile service station means any building, structure or land used primarily for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, but not including major repair work such as motor overhaul, body and fender repair or spray painting. An automobile service station may provide for minor repair of vehicles and rental of automobiles or trailers. (Chapter 68)

Availability/available, with regard to the provisions of facilities and services concurrent with the impacts of development, means that at a minimum the facilities and services will be provided in accordance with the standards set forth in F.A.C. 9J-5.0055(2). (Chapter 68)

Awning means an accessory structure, either temporary or permanent, which is supported by an open framework and is covered by cloth or metal material. (Chapter 68)

Banners means any sign on lightweight fabric or similar material that is mounted to a pole, a wall or a building at one or more edges. Flags shall not be considered banners. (Chapter 74)

Bar. (See Alcoholic beverage establishment ). (Chapter 68)

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. (Chapter 66)

Base flood elevation means the elevation of the flood having a one percent chance of being equalled or exceeded in a year as depicted on the flood insurance rate map (FIRM). (Chapter 68)

Basement means that portion of a building having its floor subgrade (below ground level) on all sides. (Chapter 66)

Beach shelter means an accessory structure temporary or permanent, consisting of one or more columns and a roof and not including walls or a floor or facilities of any type. (Chapter 68)

Beacon means a stationary or revolving light which flashes or projects illumination, single color or multi-colored, in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Administration or similar agencies. (Chapter 73)

Biochemical oxygen demand, BOD (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in parts per million by weight. (Chapter 75)

Board of adjustment for the purposes of this Code shall mean the planning and zoning board. (Chapter 68)

Boardinghouse (rooming house) means a building other than a hotel or motel where lodging with or without meals for three or more persons not of the immediate family is provided for compensation. (Chapter 68)

Boat lift means a device for lifting boats out of the water for storage over the water. Boat lifts shall be inclusive of all four post lifts but exclusive of davits where the davit base is not within the waters of the city. (Chapter 69)

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. (Chapter 66)

Building means any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter or protection of persons, animals, chattels, or property of any kind. (Chapters 66 and 68)

Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall. (Chapter 75)

Building frontage means the single facade constituting length of building or that portion of a building occupied by a single office, business or enterprise abutting a street, parking area or other means of customer access such as an arcade, mall or walkway. (Chapter 73)

Building height means the vertical distance from the average finished grade of all exterior corners to the highest point of the building, not including those structures specifically permitted to extend beyond the height of the building. On any site where construction is required to adhere to the base flood elevation, as established for the National Flood Insurance Act of 1968, the building height is the vertical distance from the first living level or the tidal floodplain, whichever is lower, to the highest point of the building not including those structures specifically permitted to extend beyond the height of the building. (Chapter 68)

Building official means the city official or his designee, responsible for the administration, interpretation and enforcement of the building codes of the city. (Chapter 73)

Building setback line means the required minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building. (Chapter 68)

Building sewer means the extension from the building drain to the public sewer. (Chapter 75)

Building site means that part of a parcel of land designed to be occupied by the principal building and such accessory buildings or uses customarily incidental to it. (Chapter 68)

Bulletin board means a sign of permanent character, but with removable letters, words, numerals or symbols, indicating the names or persons associated with or events conducted upon or products or services offered upon the premises upon which such sign is maintained. (Chapter 73)

Bush means a woody plant, smaller than a tree and having many stems branching out low instead of one main stem or trunk; shrub. (Chapter 68)

Business entity means any and all persons, natural or artificial, including but not limited to any individual, firm, corporation or association operating or proposed to operate for commercial or pecuniary gain. The term "operated for commercial or pecuniary gain" shall not depend upon actual profit or loss and shall be presumed where the establishment has an occupational license. The term "business entity" includes any enterprise or venture in which a person sells, buys, exchanges, barters, deals or represents the dealing in any thing or article of value, or renders services for compensation. (Chapter 62)

Business establishment means any individual person, nonprofit organization, partnership, corporation, other organization or legal entity holding a valid occupational license and occupying distinct and separate physical space. (Chapter 73)

Cafeteria. (See Restaurant ). (Chapter 68)

Catwalk means a narrow dock supported by a line of single pilings. (Chapter 69)

Certification of compliance/noncompliance means a notice issued by the city manager or his designee indicating to an applicant that the location proposed for an adult use complies or does not comply with the locational requirements of chapter 62. (Chapter 62)

Changeable message means a portion of a sign which message copy is changed manually or automatically in the field through the utilization of attachable letters, numbers, symbols or other similar characteristics. (Chapter 73)

Child care facility means any children's center, day nursery, nursery school, kindergarten, or family day care home as defined in Laws of Fla. ch. 61-2681 and any children's day care center and child foster home in a residential or mixed use zoning district. (Chapter 62)

Church means a premises or site which is used primarily or exclusively for religious worship and related activities and which has received a certificate of occupancy. (Chapter 62)

City means the City of Treasure Island, located within Pinellas County, Florida. (Chapters 68 and 73)

City commission means the City Commission of the City of Treasure Island, Florida. (Chapter 73)

City manager means the city manager of the city. (Chapters 68, 73 and 75)

City sewer inspector means the inspector appointed by the city to enter private property and make necessary inspections in accordance with the provisions of this chapter. (Chapter 75)

Clinic, medical means a facility which does not provide for overnight accommodations wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists or any other such profession, which may lawfully be practiced in the state. (Chapter 68)

Clinic, veterinary means a facility which provides for care of animals wholly within a soundproof, air conditioned structure and wherein overnight boarding of animals is accommodated for medical reasons. (Chapter 68)

Club, private means any building and facilities owned or operated by a corporation, association, person or persons for social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business. (Chapter 68)

Coastal building zone means the land area from seasonal high-water line landward to a line 1,500 feet landward from the coastal construction control line as established pursuant to F.S. § 161.053, and for those coastal areas fronting on the Gulf of Mexico, Atlantic Ocean, Florida Bay, or Straights of Florida and not included under F.S. § 161.053, the land area seaward of the most landward velocity zone (V-zone) line as established by the Federal Emergency Management Agency and shown on flood insurance rate maps. (Chapter 66)

Coastal high hazard area means the area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone V1-38, VE or V. (Chapter 68)

Combined sewer means a sewer receiving both surface runoff and sewage. (Chapter 75)

Commercial dock means any dock which will be used in connection with or owned by a hotel, motel, restaurant, social or fraternal club or organization or commercial enterprise of any type whatsoever. (Chapter 69)

Commercial handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other reading material which:

(1)

Advertises for sale any merchandise, product, commodity or thing;

(2)

Directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of directly or indirectly promoting the interest thereof by sales;

(3)

Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit, except where an admission fee is charged or a collection is taken for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when same are held or take place in connection with the dissemination of information which is not restricted under ordinary rules of decency, good morals, public peace, safety and good order and are held or take place in accordance with the laws of the city, the county and the state. (Chapter 73)

Commercial nursery or tree farm means a licensed plant or tree farm which plants, grows and cultivates plants or trees for the sale or intended sale of such plants and trees to the general public in the ordinary course of such licensee's business. (Chapter 72)

Commercial recreation use means a use of the property for a commercial purpose for a per use fee, where the use of the property by the customer is for a recreational use, such as a miniature golf course, a fishing pier or a commercial swimming pool. (Chapter 68)

Common lot line means a line dividing one lot or parcel from another. (Chapter 68)

Comprehensive plan means the comprehensive plan as defined by F.S. ch. 163 (Local Government Comprehensive Planning Act of 1985) as adopted by the city and which may consist of several maps, data and other descriptive matter, for the physical development of the city or any portion thereof, including any amendments, extensions or additions thereto, indicating the general location for major streets, parks, public utilities, land use or other similar information. (Chapter 68)

Concurrency means that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. (Chapter 68)

Concurrency management system means the procedures and/or process that the city will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development. (Chapter 68)

Condominium means a form of ownership as defined by state statutes. (Chapter 68)

Construction means completely new work, repairs, replacements and extensions to existing structures, except that it shall not include the repair or replacement of decking, stringers, railings, lower landings or the patching or reinforcing of existing pilings on a private, commercial or multi-use private dock for which a permit was originally issued. (Chapter 69)

County means Pinellas County, Florida. (Chapter 68)

Coverage. (See Lot coverage ). (Chapter 68)

Crown means the main mass of branching of a plant above the ground. (Chapter 72)

DBH means the diameter at breast height. The term "breast height" is defined to be 54 inches above the surface of the ground at the base of the plant or tree. In the case of a tree with multiple main stems, the diameter shall be the sum of the diameters of the stems. (Chapter 72)

Density means the number of dwelling units and hotel or motel units permitted on a particular lot or parcel of property. In determining the number of units permitted on a lot or parcel of land, any fraction of a unit in excess of 0.8 shall be considered to be a whole unit. (Chapter 68)

Development means any construction, structures, creation of structures or alteration of the land surface or natural resources which requires authorization by the city through issuance of a development order. (Chapters 66 and 68)

Development activity means any of the following activities:

(1)

Construction, clearing, filling, excavating, grading, paving dredging, mining, drilling or otherwise significantly disturbing the soil of a site.

(2)

Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials.

(3)

Subdividing land into two or more parcels.

(4)

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

(5)

Erection of a sign for which authorization is required under this Code.

(6)

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

(7)

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

(8)

Construction, elimination or alteration of a driveway onto a public street. (Chapter 68)

Development order means any order granting, denying or granting with conditions an application for a development permit. (Chapter 68)

Development permit means any one of the following:

(1)

Building permit;

(2)

Site plan;

(3)

Final plat;

(4)

Special exception;

(5)

Variance;

(6)

Development orders for developments of regional impact as defined in F.S. § 380.06; and

(7)

Any other official action of the city having the effect of permitting the development of land. (Chapter 68)

Development rights means the number of dwelling units or the amount of commercial square footage which may be constructed on a particular parcel or lot as specified in the land use regulations. (Chapter 68)

Director means the city manager of the city and/or those to whom he has charged the enforcement or interpretation of this development code or selected provisions thereof. (Chapter 68)

Discharge means any direct or indirect introduction of any solid, liquid or gaseous matter. (Chapter 75)

District means any certain described area to which these regulations apply and within which the land use regulations are uniform. (Chapter 68)

Dock means any structure, otherwise known as a pier, wharf or loading platform which is constructed on piling over open water or which is supported by floatation on the water. (Chapter 69)

Double-faced sign means a sign which has two display surfaces backed against the same background, one face of which is designed to be seen from one direction and the other from the opposite direction, every point on each face being either in contact with the other face or in contact with the same background. (Chapter 73)

Drip line means the outermost perimeter of the crown of a plant as projected vertically to the ground. See Figure 1-A (Chapter 72)

Dwelling, single-family means a building designed for and/or containing only one dwelling unit. (Chapter 68)

Dwelling, two-family (duplex) means a building designed for and/or containing two dwelling units. (Chapter 68)

Dwelling, multiple-family means a building designed for and/or containing three or more dwelling units. (Chapter 68)

Dwelling, residential means a single-family, two-family, or multiple-family dwelling which is not a tourist dwelling. (Chapter 68)

Dwelling, tourist means a single-family or two-family dwelling which is used as a tourist dwelling. A single-family or two-family dwelling shall be considered a tourist dwelling according to the following criteria:

(1)

If the single-family dwelling or two-family dwelling is subject to or operates under an arrangement plan or design whereby the use of the dwelling or unit in the dwelling has been segmented over time so that owners, lessees or holders (regardless of the form of ownership or the form in which the right to use is expressed) of such unit has a recurring exclusive right to use either that dwelling or unit or another unit in the same dwelling according to a predetermined fixed schedule and only if the schedule would permit in any one year a change or turnover of occupancy six or more times, shall it be considered a tourist dwelling.

(2)

If the single-family dwelling or two-family dwelling operates under or is subject to an arrangement plan or design whereby sleeping accommodations and sanitary facilities in the dwelling or in a unit in the dwelling are offered to the public or reserved to private parties and the use thereof by members of the public is primarily on a daily, weekly, monthly or seasonal basis, it shall be considered a tourist dwelling; provided that when the dwelling or unit in the dwelling is the sole residence of the guest, a rebuttable presumption arises that the dwelling or unit is not being used as a tourist home; provided further that if the occupancy of such dwelling or unit does not change more frequently than six times or more in any continuous 12-month period, then a rebuttable presumption shall arise that the dwelling or unit is not being used as a tourist dwelling.

(3)

In addition to the above, if a single-family dwelling located in the RU-75 land use district is operated or used in such a way that it has a turnover in occupancy of more that two times in any one year, it shall create a rebuttable presumption that such single-family dwelling is a tourist dwelling. (Chapter 68)

Dwelling unit (d.u.) means a single unit consisting of not less than 500 square feet of living area providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation, but not including recreation vehicles, tents, hotels, motels or boardinghouses.

Easement means a grant by a property owner of the use of his land to another party for a specific purpose.

Effective date means the date on which Ordinance No. 95-10 was finally adopted by the city commission.

Effluent means the emission of pollutants from any source.

Elevated building means a nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls. (Chapter 66)

Enforcement officer means the police chief or any other officer designated by law, charter, ordinance or resolution of the city to enforce the provisions of chapter 67. (Chapter 67)

Engineer means a person professionally licensed by the state to practice engineering. (Chapter 68)

Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs. (Chapter 73)

Essential services means public utility facilities above ground which are related to the water, sanitary sewer, storm drainage, solid waste, telephone, cable television, gas and electrical collection or distribution systems that service the city but not including buildings housing employees; or administrative or recreational facilities. (Chapter 68)

Establishment means a site or premises, or portion thereof, upon which adult use activities or operations are conducted. (Chapter 62)

Establishment or commencement of business means and includes but is not limited to any of the following:

(1)

The opening or commencement of any adult use business as a new business;

(2)

The conversion of an existing business, whether or not an adult use business, to any adult use business;

(3)

The addition of any adult use business to any other existing adult use business;

(4)

The relocation of any adult use business; or

(5)

The continuation of an existing adult use business regardless of whether it is in compliance with the requirements of chapter 62.

For purposes of determining the date of commencement of a business under chapter 62, evidence in the form of certificates of occupancy, affidavits, valid receipts or business records may be utilized. Any decision regarding a given date of commencement may be appealed to city commission pursuant to the provisions of the Code of the city regarding appeals to the planning and zoning board. (Chapter 62)

Excavations means removal of 100 cubic yards or more of earth material for purposes other than that incidental to and on the site of authorized construction. (Chapter 68)

FAA means the Federal Aviation Administration. (Chapter 68)

Fair market value means the value of property or structures, as used in the definition of substantial improvement, as determined by the county property appraiser, or M.A.I. or S.R.A. appraisal, either before the improvement was started, or if the structure has been damaged and is being restored, before the damage occurred. (Chapters 66 and 68)

Family means one or more persons occupying a dwelling, not more than three of whom are unrelated to each other by birth, adoption or marriage. (Chapter 68)

FCC means the Federal Communications Commission. (Chapter 68)

Fence (garden wall) means any construction of wood, metal, wire mesh, masonry or other materials, erected for the purpose of privacy, protection or ornamentation. (Chapter 68)

Final development order means a development permit as defined in section 68-1. (Chapter 68)

Fixture means a toilet, lavatory, urinal, slop sink, set-tub or any other fixture of like character which feeds into the sewer. (Chapter 75)

Flag means any fabric, banner or bunting containing distinct colors, patterns or symbols, used as a symbol of a government political subdivision, corporation, business or other entity. (Chapter 73)

Floating dock means any dock supported by flotation devices and influenced by the daily ebb and flow of the tide. (Chapter 69)

Flood or flooding mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland tidal waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source. (Chapter 66)

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. (Chapter 66)

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (Chapter 66)

Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood. (Chapter 66)

Floodproofing means a combination of structural and/or nonstructural additions, changes or adjustments to properties or structures subject to flooding which will reduce or eliminate flood damages to properties, water and sewer facilities, structures and contents of buildings. (Chapter 66)

Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. (Chapter 66)

Floor area (gross/total) means the sum of the square footage of the floor area of a structure above the base flood elevation plus the square footage of floor area below the base flood elevation that is enclosed measured from the exterior face of the exterior walls or from the centerline of a wall separating two buildings, but not including interior parking spaces or loading space for motor vehicles. (Chapter 68)

Floor area ratio means a mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located, as

Gross Floor Area / Lot Area  = Floor Area Ratio

(Chapter 68)

Frontage means the length of the property line for a parcel which runs parallel to, and along, a road right-of-way or public or approved private street exclusive of alleyways. (Chapters 68 and 73)

Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales or service facilities. (Chapter 66)

Garage, private parking means an accessory building designed or used for the storage of vehicles owned and used by the occupants of the principal building to which it is accessory. (Chapter 68)

Garage, public parking means a building or structure designed or used for the storage of vehicles. (Chapter 68)

Garbage means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. (Chapter 75)

Governing body means the city commission of the city as legally constituted. (Chapter 68)

Grade (finished) means the finished elevation of a site after all fill, land balancing or site preparations have been completed. Finished grade shall not exceed the base flood elevation. The first inch of rainfall must be contained on the site. (Chapter 68)

Grandfather clause means a clause creating an exemption based on circumstances previously existing.

Ground level means the level of finished grade of a parcel or land exclusive of any filling, berming, mounding or excavating solely for the purpose of locating a sign. Ground level on marina docks or floating structures shall be the finish grade of the landward portion of the adjoining parcel. (Chapter 73)

Gross land area means, for the purposes of computing density or intensity, that total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public right-of-way. (Chapter 68)

Group home means a residential family living environment with supervision for six or less people. This is not considered a commercial use. (Chapter 68)

Grubbing means the effective removal of vegetation, other than defined trees, from the site. (Chapter 72)

Hedge means a dense row of shrubs or bushes forming a boundary. (Chapter 72)

Height means:

(1)

The vertical distance measured from ground level nearest the base of the sign to the highest point of the sign. (Chapter 73)

(2)

When referring to a tower, antenna or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, even if the highest point on the tower or structure is an antenna. (Chapter 68)

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. (Chapter 66)

Home occupation means the occupation of an individual and/or members of his immediate family conducted entirely in their dwelling when such dwelling is the principal use of the property and all the conditions of this Code, for home occupations, can be affirmatively evidenced and complied with. (Chapter 68)

Hotel or motel means a building or buildings containing individual guest rooms, units or efficiencies for which daily or weekly lodging is provided to be more or less transient residences of individuals or families. (Chapter 68)

Hotel or motel unit means a room or group of rooms within a hotel or motel, as defined, with individual sleeping facilities having one entrance door. (Chapter 68)

Illicit discharge means any discharge to the separate storm sewer system that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES permit for discharges from the separate storm sewer system) and discharges resulting from fire fighting activities. (Chapter 75)

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistent to or prevents infiltration by stormwater. It includes: surfaces such as compacted limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar surfaces. (Chapter 68)

Impervious surface ratio (ISR) means a measure of the intensity of hard surfaced development on a site. An impervious surface ratio is the relationship between the total impervious surface area on a site and the gross land area. The ISR is calculated by dividing the square footage of the area of all impervious surfaces on the site by the square footage of the gross land area. (Chapter 68)

Industrial wastes means the liquid wastes from industrial processes as distinct from sanitary sewage. (Chapter 75)

Junk means inoperative, dilapidated, abandoned or wrecked materials, including but not limited to automobiles, trucks, tractors, wagons, boats and other kinds of vehicles and parts thereof, scrap materials, scrap building material, scrap contractors' equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery and the like. (Chapter 68)

Junkyard means a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards where vehicles are dismantled or wrecked and the used parts are stored and/or sold, house wrecking, and structural steel materials and equipment but not including the purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as a part of manufacturing operations. (Chapter 68)

Kennel means an establishment where domestic animals are bred, boarded or sold.

Land balancing means any operation such as cut and fill, cutting and scraping or similar procedures involving 100 cubic yards or more of material wherein a parcel, lot, tract or building site topography is altered.

Land use district means an area of the city designated by a single land use classification with uniform use and development regulations throughout.

Land-clearing stage means a stage in the construction process in which trees and/or vegetation are removed from the land, i.e., proposed right-of-way excavation and paving, lake and drainage systems excavation; utility clearings, grubbings and prebuilding construction projects. (Chapter 72)

Landfill (earth, soil and hard materials) means addition of 100 yards or more of earth, topsoil, sand, gravel, rock, concrete products or bricks to any lot or parcel other than that incidental to and on the site of authorized construction.

Landscape architect means a person licensed by the state to practice landscape architecture.

Landscape area or green space means an area or areas including beautification strips, consisting of those materials, such as, but not limited to hedges, trees, planted ground cover, sodded and grassed areas and planted floral installations, all of which must be composed of natural plantings only, as distinguished from artificially manufactured planting reproductions. (Chapter 72)

Law enforcement officer means any person who is elected, appointed, or employed full time by the city, state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. (Chapter 62)

Living level means the number of floors in a building above the base flood elevation. (Chapter 68)

Loading space (berth) means a space which provides for the loading or unloading of service vehicles and has a minimum size of 12 feet in width, 30 feet in length and 14 feet in height. (Chapter 68)

Local government means the city. (Chapter 73)

Lot means a parcel of land occupied or intended for occupancy by a use permitted in these regulations, including all structures, required yards, parking spaces, and open space and having frontage upon a public or private street right-of-way or easement for ingress and egress purposes. (See Parcel ). (Chapter 68)

Lot area means the horizontal plane area within the lot lines expressed in these regulations in square feet or acres exclusive of public or private dedications. (Chapter 68)

Lot, corner means a lot abutting upon two or more streets at their intersection or at a street corner having an interior angle not greater than 135 degrees. All boundaries abutting streets shall be considered front yards, all other boundaries shall be considered side yards. (Chapter 68)

Lot coverage means the area of the lot expressed as a percentage of the total lot area covered by the ground floor of all principal and accessory uses and structures, including all areas covered by the roof of such uses and structures measured along the exterior faces of the walls or along the foundation wall line or between the exterior faces of supporting columns or from the centerline of walls separating two buildings or a combination of the foregoing whichever produces the greatest total ground coverage for such uses and structures. (Chapter 68)

Lot depth means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lines of the lot from the midpoint of the front lot line to the midpoint of the opposite mean rear line of the lot. (Chapters 68 and 74)

Lot, interior means a lot other than a corner lot with frontage on one street only. (Chapter 68)

Lot line means the line bounding a lot as herein defined as established by ownership except that where a lot line lies within a private street or waterway the edge of the private street right-of-way or waterway shall be considered to be the lot line for the purposes of calculating density, lot, yard and bulk requirements. (Chapter 68)

Lot, through (double frontage) means an interior lot which has street frontages at opposite boundaries of the lot excluding alleys. (Chapter 68)

Lot width means the horizontal distance between the side lot lines measured along the front building setback line of the lot as determined by the prescribed front yard requirements of the zoning district. (Chapters 68 and 74)

Maintenance means the replacing, repairing or repainting of a portion of a sign structure, periodically changing changeable copy or renewing copy which has been made unusable by ordinary wear, weather or accident. (Chapter 73)

Mangrove means rooted trees and seedlings of the following species, but only when having a coastal or estuarine association:

Red Mangrove (Rhizophora mangle L.)

White Mangrove (Laguncularia racemosa Gaertn.)

Black Mangrove (Avicennia germinans (L) L.)

Buttonwood Mangrove (Conocarpus erecta L.)

(Chapter 72)

Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus erecta). (Chapter 66)

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term 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. (Chapter 66)

Marina, boat yard means a site or commercial establishment which provides minor repair, maintenance or sale of boats, marine engines, marine equipment and marine services of all kinds; including but not limited to rental of covered or uncovered boat slips, dock space, enclosed dry storage space, marine railways or lifting or launching services. (Chapter 68)

Mean high water means the average height of the high waters over a 19-year period, or for shorter periods of observations, the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19-year value as defined in state statutes. (Chapter 68)

Mean high waterline means the intersection of the tidal plane of mean high water with the shore as defined in state statutes. (Chapter 68)

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD). (Chapter 66)

Motel. (See Hotel or motel .) (Chapter 68)

Multi-tenant building means a building where more than one business is serviced by a common entrance and where such businesses may be located above the first story or otherwise be without frontage on a public right-of-way. (Chapter 73)

Multi-use private dock means any dock owned in common or used jointly by the residents of an apartment house (more than two units), condominium or cooperative apartment. (Chapter 69)

National Geodetic Vertical Datum (NGVD) as corrected in 1929, means a vertical control used as a reference for establishing varying elevations within the floodplain. (Chapter 66)

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. (Chapter 75)

Net usable area means the area accessible to the public, excluding rest rooms, hallways, kitchens, areas behind bars, but including customer waiting areas, exterior patios and decks that are used for customer service.

New construction means structures for which the "start of construction" commenced on or after the effective date of this chapter. (Chapter 66)

Noise means a subjective description to an undesirable or unwanted sound. (See Sound ). (Chapter 68)

Noncommercial handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the foregoing definitions of a commercial handbill or newspaper. (Chapter 73)

Nonconforming lot means a single lot, tract or parcel of land shown on either a recorded or unrecorded map, plat, drawing or survey, where such map, plat, drawing or survey was in existence at the time of the adoption of Ordinance 78-18, adopted on February 1, 1979, such lot failing to meet the requirements for area, width and/or depth for any permitted use within the district in which it is located. (Chapter 68)

Nonconforming structure or use means a structure or land use, legally existing at the time of the passage of this Code or amendment thereto, which does not conform to the provisions, requirements, and regulations of the districts in which it is located. (Chapter 68)

Nursery school or kindergarten means any premises or portion thereof used for educational work or parental care of nonresident children of less than the age required for enrollment in the public school system whether or not for compensation as licensed by the state. (Chapter 68)

Nursing home or convalescent home means a home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar establishments devoted primarily to the diagnosis and treatment of the sick or injured as licensed by the state. (Chapter 68)

Occupants means the total number of persons that may occupy a building or portion thereof or other areas designated for occupancy or use at any one time. The term "other areas designated for occupancy or use" shall be deemed to include, but not be limited to, decks, patios, piers, wharves, or other improved areas of the site for use by the patrons. (Chapter 68)

Odor means an objectionable olfactory response in a human being. (Chapter 68)

Office means a building, room or space where clerical or administrative activities are performed or wherein specialized services such as the offices of a doctor, dentist, lawyer, engineer, architect, chiropractor, osteopath, insurance agent or real estate broker are provided. (Chapter 68)

Official land use map means the official land use map of the city which depicts the land use district classifications of this Code. Such map is herewith adopted by reference and shall not be changed except by order of the governing body as provided for herein. (Chapter 68)

Overall height (OH) means the height, in feet, of a tree measured from the top of the root ball/system to the top of the uppermost foliage branches. (Chapter 72)

Parcel means a tract of land which may be described by metes and bounds or plat. (See Lot ). (Chapter 68)

Parking lot (vehicle use area) means an open area used exclusively for the storage of motor vehicles, whether or not a fee is charged including accessways to such areas. (Chapter 68)

Parking space means an area, enclosed or unenclosed, sufficient in size to store one motor vehicle and permitting the necessary ingress and egress of a motor vehicle. (Chapter 68)

Pennant means any series of small flag-like or streamer-like pieces of cloth, plastic or paper, or similar material attached in a row to any staff, cord, building or at only one or two edges, the remainder hanging loosely. (Chapter 73)

Permitted use means the specific purposes for which lands or buildings are maintained in accordance with the land use district regulations of this Code. (Chapter 68)

Person means any individual, corporation, association, firm, partnership and the like, singular or plural. (Chapters 73 and 75)

Personal service store means an establishment which provides personal services directly to the consumer, such as barber shop, beauty shop and dry cleaning, but which does not have as its primary function the sale of retail goods. (Chapter 68)

Pervious area, open space means any portion of lot or parcel not required, designated or encumbered by either principal or accessory uses, buildings and structures and other site uses. Such open area may be landscaped or retained in the natural state; however, no improvements or alterations will be permitted which would hinder the area's natural percolation of rain water or stormwater runoff. (Chapter 68)

pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (Chapter 75)

Planning board means the advisory body to the city commission of the city as legally established and referenced in this Code. (Chapter 68)

Plat means a map depicting the division or subdivision of land into lots, blocks, parcels, tracts or portions thereof, however the same may be designated. (Chapter 68)

Plat of record means a plat which conforms to all the requirements of the applicable laws of the state and this Code and has been filed and recorded in the office of the clerk of the circuit court for the county. (Chapter 68)

Preliminary development order means one of the following:

(1)

Land use amendment;

(2)

Special exception;

(3)

Preliminary plat approval.

(Chapter 68)

Premises means any lot and/or all buildings and structures thereon. (Chapter 68)

Principal use or structure means a use or a structure in which is conducted the predominant or primary function or activity of the lot upon which it is located. (Chapter 68)

Private dock dwelling, single-family means any dock which will be used by an individual owner, his family and friends, or means any single structure dock facility which provides dockage for a duplex type residential unit. This definition is not to include docks servicing zero lot line attached units. A private dock shall not be used for the production of income. (Chapter 69)

Private yacht club means a site of at least six acres or more which contains at least 20 boat slips contiguous thereto, owned by its members, which members pay dues assessed on no less than an annual basis, the use of which is restricted predominantly to the members and owners, and the use of which is primarily devoted to the promotion of private yachting and boating activities, tennis and other outdoor sports and social activities related thereto. (Chapter 68)

Professional planner means a person who is a full member of the American Institute of Planners and may be registered by the state as a professional planner. (Chapter 68)

Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension. (Chapter 75)

Property means the overall area represented by the outside boundaries of a parcel of land or development. (Chapter 73)

Property line. (See Lot line .) (Chapter 68)

Property owners' association means a nonprofit organization recognized as such under the laws of the state operated under recorded land agreements through which each owner of a portion of a subdivision, be it a lot, home, property or any other interest, is automatically subject to a charge for prorated share of expenses either direct or indirect for maintaining common properties within the subdivision, such as roads, parks, recreational areas, common areas or other similar properties. Within the text of this Code, a property owners' association is considered a single entity for property ownership. (Chapter 68)

Protected tree means any tree that has a DBH of more than six inches, and which is not otherwise exempted from this Code. For the purpose of this Code, all mangroves are hereby declared to be protected trees. (Chapter 72)

Public beach means all beach area fronting on the Gulf of Mexico or its inlets, and located waterward of the 1968 Mean High Water Line, the coastal construction control line, or the private property line, whichever is furthest east. (Chapter 62)

Public building means buildings owned by governmental entity, schools, hospitals, nursing homes, fraternal, civic organizations, cultural art centers, municipal office/public buildings and other occupancies and uses which provide various community services. (Chapter 62)

Public facilities and services means those covered by the city comprehensive plan required by F.S. § 163.3177 and for which level of service standards must be adopted under F.A.C. 9J-5. These are:

(1)

Roads;

(2)

Sanitary sewer;

(3)

Solid waste;

(4)

Drainage;

(5)

Potable water;

(6)

Parks and recreation.

(Chapter 68)

Public notice means the legal advertisement given of an action or proposed action of the city commission as set forth in these regulations or applicable statute of the state. (Chapter 68)

Public park means a tract of land which is owned by the city or other governmental authority and is designated as a park. (Chapter 62)

Public, semi-public uses means those primary and secondary uses listed under the preservation, recreation/open space, institutional, and transportation/utility plan categories. (Chapters 68 and 73)

Public sewer means a main sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

Rear lines means those lines adjoining lots or alleys in the rear. (Chapter 68)

Recreation area or space (private) means an accessory use consisting of one or more areas, enclosed with a structure and/or open, devoted to the active and/or passive recreational enjoyment of one or more persons residing within the principal use to which it is accessory. When developed and/or equipped for various recreational pursuits, the areas shall not be allowed for any other required site uses except open and/or rear building setback areas. (Chapter 68)

Remove, removal, replanting or replacement means the act of digging up, cutting down, damaging, destroying, relocating, or killing any tree. (Chapter 72)

Repair means the replacement of:

(1)

The piling or support system of a dock;

(2)

More than 25 percent of the dock surface area. (Chapter 69)

Restaurant means an establishment where food is ordered from a menu, prepared and served for pay, for consumption on the premises, but not a drive-in restaurant. (Chapter 68)

Restaurant, drive-in means any food or beverage dispensing operation at retail to the general public where the public is served while remaining in automobiles or other motor vehicles. (Chapter 68)

Right-of-way means the area of a highway, road, street, way or parkway or other such strip of land reserved for public use, whether established by prescription, easement, dedication, gift, purchase, eminent domain or any other legal means. (Chapter 68)

Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach. (Chapter 66)

Sanitary sewer means a sewer which carries sewage and to which stormwaters, surface waters and groundwaters are not intentionally admitted. (Chapter 75)

Satellite antenna means any parabolic or spherical antenna which receives television or other signals from orbiting satellites or other devices. The height of a ground-mounted antenna shall be the maximum height to which it is capable of being raised and shall be measured from the highest point of the finished grade of the roof adjacent to the structure. A satellite antenna shall be considered as an accessory structure when it is not part of a public utility. A web or mesh type antenna is an antenna primarily constructed of a web or mesh material so that it does not substantially impair visibility. A ground mounted or "short pole" installation denotes a pole of nine feet or less in height. A "long pole" installation denotes a pole of greater than nine feet in height which is braced to the side of a building for added rigidity. (Chapter 68)

School means and includes but is not limited to a lot or site upon which there is a nursery school, kindergarten, elementary school, junior high school, middle school, senior high school, or exceptional learning center. The term "school" does not include a lot or site upon which there is an institution devoted solely to vocational or professional education or training or an institution of higher education, including, but not limited to, a community college, junior college, four-year college or university. (Chapter 62)

Seawall means any hardening of the shore by the installation of a vertical wall where such structure is toed in within the waters of the city. This definition specifically excludes upland retaining walls located outside the waters of the city. (Chapter 69)

Seawall line means that line established by the city under authority of its charter. (Chapter 69)

Sediment means the mineral or organic particulate material that is in suspension or has settled in surface waters or groundwaters. (Chapter 68)

Separate storm sewer system means the system of conveyances owned by the city used for collecting, storing and transporting stormwater, but not including any facilities intended to be used in accordance with applicable law for collecting and transporting sanitary or other wastewater. (Chapter 75)

Service station. (See Automobile gas station and Automobile service station .) (Chapter 68)

Setback means the distance between the lot line and the building setback line. (Chapter 68)

Sewage means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters and stormwaters as may be present. (Chapter 75)

Sewage treatment plant means any arrangement of devices and structures used for treating sewage. (Chapter 75)

Sewer means a pipe or conduit for carrying sewage. (Chapter 75)

Sewerage works means all facilities for collecting, pumping, treating and disposing of sewage. (Chapter 75)

Shrub means a low growing perennial, woody or evergreen plant with persistent stems. (Chapters 68 and 72)

Side lines means those lines between lots facing the same street or alley. (Chapter 68)

Sign means any device, fixture, placard or structure that uses any color, form, graphic, architectural style or design or writing to advertise, attract attention, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. The term "sign" includes sign structure. (Chapter 73)

A-frame or sandwich sign mean a portable sign which is ordinarily in the shape of an "A" or some variation thereof.

Abandoned sign means signs on which is advertised a business that is no longer licensed, no longer has a certificate of occupancy or is no longer doing business at that location and such circumstances have continued for a period of more than 90 consecutive days.

Animated sign means any sign which includes action, motion, the optical illusion of action or motion or color changes of all or any part of the sign facing, requiring electrical energy or set in motion by movement of the atmosphere or a sign made up of a series of sections that turn and stop to show two or more pictures or messages in the copy area, except the time and temperature signs. Animated signs shall include electronic reader boards. A sign shall not be considered animated if the message or graphics remain constant for at least one minute.

Attached sign means any sign attached to, on, or supported by any part of a building (e.g., walls, integral roof, awning, windows or canopy) which encloses or covers usable space.

Bench sign/bus shelter sign means a bench or bus shelter upon which a sign is drawn, painted, printed or otherwise affixed thereto, and where authorized by action of the city commission, shall be exempt from the provisions of these regulations as per F.S. § 337.407(2).

Canopy (awning) sign means any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

Construction sign means any sign giving the name of the principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

Directional sign means any sign which exclusively contains information providing direction or location of any object, place or area including, but not limited to those signs indicating avenues ingress/egress.

Exempt sign means all signs for which permits are not required, but which must, nonetheless, conform to the other terms and conditions of these regulations.

Freestanding sign means any sign supported by structures or supports that are placed on or anchored in the ground and that are independent of any building or other structure.

Gasoline price display sign means changeable message signs, typically mounted on the freestanding identification sign, which display the prices of gasoline for sale.

Identification sign means any sign which indicates no more than the name, address, company logo and occupation or function of an establishment or premises.

Integral roof sign means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches. Any integral portion of the roof shall not extend more than five feet above the structural roof.

Menu sign (for drive-through establishments) means a product sign placed so as to be viewed from a drive through lane and contains only a listing of products, with prices, offered for sale by the business, and may provide a mechanism for ordering products while viewing the sign.

Nonconforming sign means any sign that does not conform to the requirements of these regulations.

Off-premises sign means any sign identifying or advertising a product, business, person, activity, condition or service not located or available on the same zone lot where the sign is installed and maintained.

On-premises sign means any sign which identifies a use, business or advertises a product for sale or service to be rendered on the zone lot where the sign is located.

Political sign means any sign which constitutes a political advertisement of which the primary purpose is related to the candidacy of any person for public office or any issue which has been submitted for referendum approval.

Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to signs designed to be transported by means of wheels; signs converted from A-frames; menu and sandwich board signs; balloons and other inflatables; and umbrellas used for advertising.

Projecting sign any sign affixed perpendicularly to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

Public/semi-public sign means any sign erected on the site for a nonprofit or quasi-public use such as a library, school, church, hospital or government-owned building.

Real estate sign means any sign advertising the sale, rental or lease of premises, or part of the premises, on which the sign is displayed.

Roof sign means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure.

Snipe sign means a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences or to other objects, with the message appearing thereon not applicable to the present usage of the premises or structure upon which the sign is located.

Special event sign means a sign which is not permanently affixed to a building or structure, its purpose being to promote a special event which has been approved by the city commission.

Subdivision sign means a sign which contains only the name of a platted subdivision or other residential development.

Temporary sign means a sign (not including flags or bunting) which is not permanently affixed to a building or structure and which is constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames. The length of display of such sign shall be a predetermined period or the occurrence of a determinable event.

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

Wall sign means a sign which is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane to the plane of the building facade or wall.

Warning sign means signs located on a property posting such property for warning or prohibitions on parking and trespassing, hunting, fishing, swimming or other activity, provided such signs do not carry any commercial message or identification.

Window sign means a sign located on a window or within a building or other enclosed structure, which is intended to be visible from the exterior through a window or other opening. (Chapter 74)

Sign face means the part of the sign that is or can be used to identify, display, advertise, communicate information, or for visual representation which attracts or intends to attract the attention of the public for any purpose. (Chapter 73)

Sign structure means any structure which is designed specifically for the purpose of supporting a sign, has supported or is capable of supporting a sign. This definition shall include any decorative covers, braces, wires, supports or components attached to or placed around the sign structure. (Chapter 73)

Site of industrial activity means any area or facility used for manufacturing, processing or raw materials storage, as defined under 40 CFR 122.26(b)(14) of regulations of the U.S. Environmental Protection Agency, as amended. (Chapter 75)

Special adult cabaret means any bar, dance hall, restaurant, or other place of business which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or waiters or waitresses that engage in specified signs identifying which use the words: adult, topless, nude, bottomless, or other words of similar import. (Chapter 62)

Special exception means a use that would not be appropriate generally or without restriction throughout the land use district, but which, if controlled as to number, area, location, and relation to the neighborhood, would promote the public health, safety, welfare, order, comfort, convenience, appearance or prosperity and is permissible. Such uses may be in accordance with the procedures as set forth in this Code. (Chapter 68)

Species of trees means and applies to trees possessing common distinctive characteristics and the ability to reproduce these characteristics. (Chapter 72)

Specified anatomical area means any of the following:

(1)

Less than completely or opaquely covered:

a.

Human genitals or pubic region; or

b.

Cleavage of the human buttocks; or

c.

That portion of the human female breast below a point immediately above the top of the areola; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered. (Chapter 62)

Specified sexual activity means any of the following:

(1)

Human genitals in a state of sexual stimulation, arousal or tumescence; or

(2)

Acts of anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty; or

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition. (Chapter 62)

Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348)), means and includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within 180 days of the permit date. 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 the installation of streets and/or walkways; 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. (Chapter 66)

Start of work means the commencement of the demolition or removal of existing structures in connection with such permit, if such exists, or the permanent placement or attachment of construction materials in accordance with the permit. (Chapter 68, section 68-86)

State means the State of Florida and all its duly appointed agencies.

Statement of land use compliance means a statement issued by the city manager or his designated representative of the city setting forth that the permitted construction has been completed in compliance with the approved plans and specifications and conforms with all provisions of this Code. (Chapter 68)

Store, convenience means a small retail establishment which sells a general line of goods and products intended for the convenience of surrounding residents and whose gross floor area does not exceed 3,000 square feet. (Chapter 68)

Store, retail means an establishment which sells goods or products directly to the public for compensation. (Chapter 68)

Storm sewer or storm drain means a sewer which carries stormwaters and surface waters and drainage, but excludes sewage and polluted industrial wastes. (Chapter 44)

Stormwater means the flow of water which results from, and that occurs immediately following a rainfall. (Chapters 68 and 75)

Stormwater management system means the system, or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site. (Chapter 68)

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. (Chapter 68)

Street means any thoroughfare, street, avenue, boulevard, highway, parkway or space which may or may not be dedicated or deeded to the public for use and which affords the principal means of access to abutting property for the purposes of vehicular travel. (Chapters 67, 68 and 73)

Street, arterial (major) means streets and highways serving major metropolitan activity centers, the highest traffic volume corridors, the longest trip desires, and a high proportion of total urban area travel on a minimum of mileage. Service to abutting land should be subordinate to the provision of travel service to major traffic movements. This system carries the major portion of trips entering and leaving an urban area, as well as the majority of through movements desiring to bypass the central city, and normally will carry important intraurban as well as intercity bus routes. (Chapter 68)

Street, arterial (minor) means streets and highways interconnecting with and augmenting the urban principal arterial system and providing service to trips of moderate length at a somewhat lower level of travel mobility. The system places more emphasis on land access and distributes travel to geographic areas smaller than those identified with the higher system. It includes all arterials not classified as major. (Chapter 68)

Street, collector means streets penetrating neighborhoods, collecting traffic from local streets in the neighborhoods, and channeling it onto the arterial system. A minor amount of through traffic may be carried on collector streets, but the system primarily provides land access service and carries local traffic movements within residential neighborhoods, commercial and industrial areas. It may also serve local bus routes. (Chapter 68)

Street, expressway means a street which is to be used only for the movement of vehicles providing for no vehicular or pedestrian access to abutting property except at permitted, authorized and controlled points. The acquisition of right-of-way for expressways includes the acquisition of access rights thereto. (Chapter 68)

Street, limited access means a highway or freeway which does not permit access except at authorized and controlled points. The acquisition of right-of-way for such highways or freeways usually includes the acquisition of access rights thereto. Access may also be limited through methods other than acquisition of access rights. (Chapter 68)

Street, local means streets not classified in a higher system, primarily providing direct access to abutting land and access to the higher systems. They offer the lowest level of mobility and usually carry no bus routes. Service to through traffic is deliberately discouraged. (Chapter 68)

Street, marginal access means a street which is parallel and adjacent to an expressway, arterial or limited access street or in the immediate vicinity of such streets and which has as its principal purpose of relieving such street from local service of abutting property by providing protection from conflicts with through traffic. A marginal access street may also be called a frontage street. (Chapter 68)

Street, private means any street existing prior to or at the time of adoption of this Code which has not been dedicated for public use and not accepted for ownership or maintenance by the appropriate public agency. After adoption of the ordinance from which this chapter was derived, private streets shall be limited to property under single ownership or a property owners' association. (Chapter 68)

Street, public means any street designed to serve more than one property owner which is dedicated to the public use and accepted for ownership and maintenance by the appropriate public agency; includes any street right-of-way dedicated to the public prior to or at the time of adoption of the ordinance from which this chapter was derived. Streets controlled by a property owners' association may be retained as private streets by the association as long as the association accepts the obligation for complete control and maintenance. A street designed to serve more than one property owners' association must be public. (Chapter 68)

Structural alteration means any change, except the repair or replacement, in the supporting members of a building such as bearing walls, columns, beams or girders; or the rearrangement of interior partitions and/or space affecting more than 20 percent of the total floor area of the building. (Chapter 68)

Structure means a walled and roofed building that is principally above ground, a manufactured home or other manmade facilities or infrastructures including, but not limited to fences, billboards, swimming pools, docks, poles, pipelines, transmission lines, tracks and advertising signs. A lawfully permitted mailbox, as provided for in subsection 68-458(e), shall not be deemed to be a structure. (Chapters 66 and 68)

Subdivision means the division of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, or if the establishment of new streets and alleys is involved, any division of such parcel. The term includes resubdivisions and, when appropriate to the text, relates to the process of subdividing or to the lands or area subdivided, however, that the following shall be exempt:

(1)

The public acquisition of strips of land for the widening of existing streets;

(2)

The combination or recombination of portions of previously platted lots where no new parcels or residual parcels smaller than any of the original lots are created;

(3)

The division of land into parcels greater than 1¼ acres where no new streets or easements of access are planned;

(4)

The transference of part of one lot or tract to an adjacent lot or tract provided the transference does not reduce any lot or tract to an area or width less than the minimum specified in this chapter.

(Chapters 68 and 74)

Submerged land means the land area situated below the mean high water line of a standing body of water, including ocean, estuary, lake, pond, river or stream. For the purpose of this definition retention areas that are a function of development and wetlands shall not be considered submerged land. (Chapter 68)

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 fair market value of the structure before the damage occurred. (Chapter 66)

Substantial improvement means:

(1)

With respect to any property located within the Coastal Building Zone (F.S. § 161.54), any reconstruction, rehabilitation, addition, or other improvement of a structure the cost of which equals or exceeds over a five-year period, a cumulative total of 50 percent of the fair market value of the structure, either (i) before the improvement or repair is started, or (ii) if the structure has been damaged and is being restored, before the damage occurred.

(2)

With respect to any property located landward of the Coastal Building Zone (F.S. § 161.54), any rehabilitation, addition, or other improvement of the structure the cost of which equals or exceeds 50 percent of the fair market value of the structure before the improvement is started. The cumulative provision of this subsection shall not apply to the reconstruction of a structure to its former size and condition made necessary as a result of a natural disaster or accidental fire.

(3)

The term includes structures within the city which have incurred substantial damage, regardless of the actual repair work performed.

(4)

For the purpose of this definition, construction is considered to have started when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

(5)

The term does not, however, include any project for improvement of a structure to correct existing violations of health, sanitary or safety code specifications which have been identified by the building official and which are the minimum necessary to assure safe living conditions. The term does not include any alteration of a structure listed on the National Register of Historic Places or the state inventory of historic places, provided that the alteration will not preclude the structure's continued designation as a historic structure on such National Register or state inventory.

(Chapter 66)

Superintendent means the superintendent of sewerage works or his authorized deputy, agent or representative. (Chapter 75)

Survey, certified means a survey, sketch, plan, map or other exhibit containing a written statement regarding its accuracy or conformity to specified standards certified and signed by the registered surveyor under whose supervision the survey was prepared. (Chapter 68)

Surveyor means a person licensed by the state to practice land surveying. (Chapter 68)

Suspended solids means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids; and which are removable by laboratory filtering. (Chapter 75)

Temporary means a time period of not more than 90 days. (Chapter 68)

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission/relay towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto. (Chapter 68)

Tiepoles means and shall include dolphins or mooring poles which are placed to provide anchorage, mooring or space for a ship or boat. (Chapter 69)

Townhouse means a building or structure designed for and/or containing one dwelling unit and/or intended for occupancy by not more than one family or household and attached to other similar buildings or structures by not more than two party walls extending from the foundation to the roof and providing two direct means of access from the outside. For the purpose of this Code, a townhouse may include a building or structure in fee simple, condominium, cooperative or leasehold ownership or any combination thereof. (Chapter 68)

Transplant means the act of digging up a tree from one location and planting the same tree in another place. (Chapter 72)

Transportation/utility means a premises or site which contains a use for transportation or public/private utility services, such as utility transmission lines, electric power substations, marinas, municipal water supplies, wastewater disposal facilities, solid waste/refuse disposals, transfer recycling facilities, public works garage/storage, telephone switching stations, etc. (Chapter 62)

Tree means a self-supporting woody plant having one or more well-defined trunks capable of being maintained with a clear trunk and normally growing to an overall height at maturity in the county of a minimum of 15 feet. For the purpose of this definition, palms shall be considered trees. (Chapter 72)

Tree bank means the storage for future use of trees permitted for removal under the terms of this chapter which are donated to the city for its use. (Chapter 72)

Tree cluster means two or more primary tree trunks that are within three feet of one another. (Chapter 72)

Tree, historic means a tree which has been found by a professional forester, horticulturist or other professional plantsman to be of notable historic interest to the city and/or the county, because of its age, type, size or historic association and has been so designated by resolution of the city commission of the city. (Chapter 72)

Tree protection zone means a circular zone around each protected tree defined as follows:

(1)

If the drip line is less than six feet from the trunk of the tree,the zone shall be that area within a radius of six feet around the tree.

(2)

If the drip line is more than six feet from the trunk of the tree, but less than 20 feet, the zone shall be that area within a radius of the full drip line around the tree.

(3)

If the drip line is 20 feet or more from the trunk of the tree, the zone shall be that area within a radius of 20 feet around the tree. (Chapter 72)

Tree shade/canopy means an evergreen or deciduous tree that can be maintained with a clear trunk of not less than six feet and with a spreading branching structure of at least 15 feet and opaque foliage habit such that a reasonably dense shade pattern is provided during peak daylight hours in the late spring, summer and early fall months of the year. For the purposes of this chapter, palms shall not be considered shade/canopy trees. (Chapter 72)

Tree, specimen means a tree which has been determined by the judgment of a professional forester, horticulturist or other professional plantsman to be of high value because of its type, size, age or other professional criteria, and has been so designated by resolution of the city commission of the city. (Chapter 72)

Unit means a bathroom and a kitchen, or where there is no kitchen, a bathroom. (Chapter 75)

Use, accessory. (See Accessory use .) (Chapter 68)

Use, principal. (See Principal use .) (Chapter 68)

Variance means a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship. (Chapter 66)

Vehicle means a conveyance for persons or materials, as may be licensed by the state. (Chapter 68)

Vehicular use area means an open area used for the storage of four or more vehicles, including the accessways to such area. (Chapter 72)

Watercourse means a channel in which a flow of water occurs, either continuously or intermittently. (Chapter 75)

Yard means that open area of a lot or parcel which is provided as a setback and is unoccupied by any structure. (See Setback .) (Chapter 68)

Yard, required front means a yard extending across the full width of the lot or parcel measured along the frontage from the building setback line. (See Attachment Two.) (Chapter 68)

Yard, required rear means a yard extending across the full side line width of the lot or parcel and measured between the rear line of the lot or parcel and the building setback line. (See Attachment Two.) (Chapter 68)

Yard, required side means a yard extending along and parallel to the side line and building setback line and located between the required front, rear or waterfront yards. (See Attachment Two.) (Chapter 68)

Yard, waterfront means a yard or any portion thereof on lots abutting a waterfront and extending across the full width of the lot or any portion thereof or parcel and measured from the mean high water line, property line or seawall, whichever is closer and the building setback line.

Zone lot means a parcel of land that is of sufficient size to meet minimum land use requirements for area, coverage and use, and that can provide such setbacks and other open spaces as required by the applicable local government land use regulations. For the purpose of this definition, a shopping center, mall or other lot or parcel of land which contains a single unit or an integrated group of commercial establishments and which is developed, operated, managed and/or owned as a unit shall be considered as a zone lot. (Chapter 73)