§ 2.02.00. Definitions.
For the purposes of this section, certain terms or words used herein shall be interpreted as follows: (note, except where specifically defined in this section the terms and definitions otherwise used herein shall be as defined in the city Land Development Regulations).
Abandonment —The intentional and willful termination, relinquishment or cessation of an existing use or occupation of property. Any termination, relinquishment or cessation for a twelve-month period shall be considered an intentional and willful abandonment.
Accessory use or structure —Any use or attached or detached structure clearly incidental, subordinate and related to the principal use or structure and located on the same lot with such principal use or structure not to exceed fifty (50) percent of the principal use. Examples of accessory uses in a single-family residential zoning district include but are not limited to: Storage buildings and detached garages. Provided however, a recreational vehicle; motor vehicle; mobile home; trailer or semi-trailer; railroad car; bus, truck or automobile body, or other similar unit shall not be used as an accessory structure or converted into an accessory structure even when altered, stripped, or otherwise rebuilt. Accessory uses shall be similar in design, particularly with regard to color and use of materials, to the principal structure occupying the site.
Alley —A public right-of-way of thirty (30) feet or less in width and which affords only a secondary means of access to abutting property.
Antenna —An arrangement of wires or metal rods used in transmitting or receiving electromagnetic waves.
Arcade —A covered walkway attached to a building and supported on the sides but not attached to the building by columns.
Awning —An awning is an architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid skeleton structure over which a rigid covering is attached.
Balcony —An exterior platform that projects from or into the facade of a building and is surrounded by a railing, handrail, or parapet.
Bar, cocktail lounge, saloon, or tavern —Any establishment devoted primarily to the retailing and on-premises drinking of malt, vinous, or other alcoholic beverages. All establishments requiring an SRX License shall conform to F.S. § 561.20(2)(a)(4) which requires fifty-one (51) percent of monthly receipts come from the sale of food and non-alcoholic beverages.
Barge —A large flat-bottomed vessel designed to carry cargo either pushed or pulled by a tugboat with or without self-propulsion.
Basement —A story having a part of its height below grade. A basement is counted for the purpose of height regulations.
Bed and breakfast inn —A lodging facility which provides overnight accommodations and morning meals to overnight guests for compensation.
Best management practices (BMP) —Management practices as found in "Silviculture Best Management Practices Manual," Florida Department of Agriculture and Consumer Services, Division of Forestry.
Boat or other watercraft —A vessel constructed to provide buoyancy by excluding water or by floating above the water. The term boat or other watercraft shall include a boat, a canoe, or any other device designed for movement or to be moved across water.
Boat slip —An accessory structure designed solely for the parking or storage of vessels and liveaboard vessels. Such slip can be no smaller than eight (8) feet by twenty (20) feet.
Bottle club— A commercial establishment, operated for a profit, whether or not a profit is actually made, wherein patrons consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the establishment, whether the patrons bring in and maintain custody of their own alcoholic beverages or surrender custody to the establishment for dispensing on the premises, and which is located in a building or other enclosed permanent structure.
Boutique winery —An establishment dedicated to the fermenting, bottling and cellaring of wine for predominantly retail sales that produces less than one hundred thousand (100,000) gallons of wine per year. A boutique winery may serve wine and beer for on-premises consumption provided that at least fifty-one (51) percent of such sales are of wine produced at the winery; however, no on-premises consumption of any other type of alcoholic beverage shall occur. A boutique winery must possess all necessary state licenses for any and all activities occurring at the boutique winery.
Break point —The location on a communication tower of a designed feature which, in the event of a tower failure, would result in the tower falling entirely within the boundaries of the property on which it is located.
Buffer —Upland areas adjacent to wetlands which are necessary to protect the wetlands and wetland dependent species from the detrimental impacts of development or alteration. The buffer shall include canopy, understory and groundcover which consists of preserved existing vegetation or planted native species where there is no existing vegetation. Native indigenous species listed in the "Guide to the Vascular Plants of Central Florida" by Richard P. Wunderlin, University Presses of Florida, Gainesville, Florida shall be used. Exotics and naturalized species shall not be used.
Building —Any structure, temporary or permanent, used or intended for supporting or sheltering any use or occupancy.
Building height —The height of a building relative to the surrounding ground area.
Building official —The official designated by the city as the individual responsible for the administration of city building code.
Build-to line —A given distance from a property line where the facade of the building within that property must be located.
Cafe —A small informal restaurant, generally consisting of a seating capacity of thirty (30) or less where food items, drinks and snacks are sold.
Camouflaged communication tower —A tower designed to unobtrusively blend into the existing surroundings and be disguised so as to not have the appearance of a communication tower. Such structures shall be considered communication towers and not spires, belfries, cupolas, or other appurtenances usually required to be placed above the roof level for purposes of applying height limitations. It is recognized that due to their height, such structures must be designed with sensitivity to elements such as building bulk, massing, and architectural treatment of both the tower and surrounding development. Camouflaged towers on developed property must be disguised to appear as either a part of the structure housing the principal use or an accessory structure that is normally associated with the principal use occupying the property. Camouflaged towers developed on unimproved property must be disguised to blend in with the existing vegetation. An example of a camouflaged communication tower would be a tower that is constructed in the form and shape of a tree in order to appear to be a part of a forested area, or a tower constructed to appear to be or to actually be a component of a bell or clock tower on sites with existing light industrial, or to be or appear to be a component of a church steeple on sites with existing churches.
Canopy —An overhead roof or structure that provides shade or other shelter.
Cannabis. Any plant or part of a plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin
Cannabis farm. Any property used in whole or in part for the growing or cultivation of cannabis plants, whether or not such growing or cultivation is lawful under federal or state law.
Charter boat —A vessel used for fishing, scuba diving, or sightseeing, holding itself out to the public for rent or charter for a specified fee, with an authorized operator on board at all times, and ready to leave the dock with the charter party. A liveaboard vessel is not a charter boat. A charter boat must equip itself to be suitable for the purpose for which it is chartered, and must be primarily used for charter or rent. A boat shall not be classified as a charter boat, unless it is engaged in good faith in the business of charter or rental.
City engineer —The individual designated as such by the city commission.
Clinic —A building or portion of a building where patients are not lodged overnight, but are admitted for examination and treatment by a group of professionals licensed by the state to practice the healing arts.
Club, private —An organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used for club purposes, which is operated solely for a social, educational, recreational, patriotic, benevolent, athletic or fraternal purpose, but not for pecuniary gain, and if food and alcoholic beverages are sold such sale is incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 United States Code Section 501. The term private club also includes the term lodge .
Communication antenna —An antenna designed to transmit or receive communications as authorized by the Federal Communications Commission. The term shall not include CB, marine band, or Class C commercial antennas less than twenty (20) feet in height or direct broadcast antennas less than twelve (12) feet and less than thirty-nine (39) inches in diameter.
Communication tower —A tower greater than thirty-five (35) feet in height (including antenna) which supports communication (transmission or receiving) equipment. The term communication tower shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC). No tower shall exceed two hundred (200) feet in height (including antenna) when freestanding, or twenty (20) feet over the building height, when placed on top of buildings.
Convenience stores —A retail, self-service store, usually open extended hours that typically sells limited lines of food items, household goods, and snacks oriented to daily convenience.
Development —Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, (new or improvements to existing structures), clearing, demolition, mining, dredging, filling, grading, paving, excavating, drilling operations or permanent storage of materials, or the dividing of land into two (2) or more parcels.
District —A section or sections of the city for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
Dock —A structure built on pilings over the water which is designed or used to provide anchorage for and access to one (1) or more boats at anchorage. Necessary services such as water and other utilities are considered a part of a dock. However, no cooking, sleeping, or business activity shall be permitted or conducted on a dock.
Dredging —Excavation by any means in waters or wetlands. It also means the excavation or creation of a water body which is, or is to be connected to, waters directly or via an excavated water body or a series of excavated water bodies.
Drive-in restaurant —Any place or premises where provision is made on the premises for the selling, dispensing or serving of food, refreshments or beverages in automobiles, on the premises, or in other than a completely enclosed building on the premises. A restaurant that provides drive-in facilities of any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant. A barbecue stand or pit having the characteristics noted in this definition shall be deemed drive-in restaurant. A drive-in restaurant as defined herein, is not a restaurant.
Dwelling —A building or portion thereof designed or used exclusively for residential occupancy but not including campers, hotels, motels, motor lodges, boarding and lodging houses, tents, tourist courts, tourist homes dormitory, fraternity or sorority houses, hospitals or nursing homes. For purposes of calculating density, liveaboard vessels shall be considered dwellings.
Dwelling, mobile home —A vehicle or movable dwelling structure, licensed as such by the State of Florida, which is designed to be used as a dwelling unit for one (1) family and which stands on wheels, on rigid supports or on a foundation, but excluding prefabricated homes or sections thereof and travel trailers as defined herein.
Dwelling, multiple or multi-family —A building or portion thereof used or designed as a residence for three or more families living independently of each other within individual dwelling units.
Dwelling, single-family —A detached building designed for occupancy by one (1) family. A unit having more than one (1) kitchen or facilities for servicing more than one (1) kitchen shall be presumed not to be a single-family dwelling.
Dwelling, town house —A building designed for or occupied exclusively by one (1) family and attached to two (2) or more other buildings of similar design and separated by one (1) or more party walls. The attached town houses, as defined, constitute a building group.
Dwelling, two-family —A detached building designed for or occupied exclusively by two (2) families living independently of each other.
Dwelling unit (D.U.) —A room or group of rooms including a kitchen and sanitary facilities designed and exclusively or occupied as separate living quarters by not more than one (1) family.
EMF —Electromagnetic field.
Essential services —Public utility facilities either underground or overhead and related to the transmission or distribution systems of water, sanitary or storm sewerage, telephone, gas, electricity, solid waste disposal, cable or community television and public safety including poles, wires, mains, hydrants, drains, pipes, conduits, police or fire call boxes, traffic signals and other similar equipment necessary for the furnishing of adequate service but not including buildings.
Exterior walls —Exterior walls of a principal structure shall be constructed of finished materials such as stuccos, natural brick or stone, finished concrete, wood or other similar material on all sides. Exposed metal finishes shall not be permitted, except where determined by the city commission upon recommendation of the planning and architectural review board to be an integral feature of a recognized architectural style.
Family —An individual, or two (2) or more persons related by blood or marriage, or a group of not more than two (2) persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.
Farmer's market —An outdoor, open air market held on private property with the owner's permission at which vendors sell or promote agricultural products, seafood, licensed products permitted by the Florida Department of Agriculture, cottage food products as defined by the Florida Department of Agriculture, eggs, plants, health food products, arts and crafts, nonprofit organizations and animal rescue adoptions.
Fence —Any barrier, defined herein, as something which hinders and/or restricts that is naturally grown or constructed.
Fenestration —The placement of window openings in a building wall, one of the important elements in controlling the exterior appearance of a building.
Filling —Deposition of materials by any means in waters or wetlands.
Floating structure —A floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property. The term "floating structure" includes, but is not limited to, each entity used as a residence, place of business or office with public access, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining platform, dredge, dragline, or similar facility or entity represented as such. Floating structures are expressly excluded from the definition of the term "vessel." Incidental movement upon water or resting partially or entirely on the bottom shall not, in and of itself, preclude an entity from classification as a floating structure.
Food and grocery stores —Stores primarily engaged in retailing a general line of food items, such as canned and frozen foods; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry. Included in this industry are delicatessen-type establishments primarily engaged in retailing a general line of food.
Frontage —The linear edge of a property adjacent to the property line abutting a street, or public right-of-way.
Frontage, street —All the property on one (1) side of a street between two (2) streets which intersects such street (crossing or termination), measured along the line of the street, or if the street is deadended, then all of the property abutting on one (1) side between a street which intersects such street and the dead end of the street.
Garage, private —An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory.
Garage, public —A building, or portion thereof, other than a private garage, designed or used for equipment servicing, repairing, hiring, selling or storing of motor-driven vehicles, but not including the storage of wrecked or junked vehicles.
Grade, average —The elevation determined by averaging the highest and lowest elevations of a parcel, building site or other defined area of land.
Grade, finish —The ground elevation at any point after final grading immediately adjacent to a building or structure.
Grading —The filling, excavation or other movement of earth for any purpose.
Group ownership (condominium) —Any type of property ownership where common land is held by some other person, association, or corporation other than the dwelling unit owner.
Guyed tower —A communication tower that is supported, in whole or in part, by guy wires and ground anchors.
Habitation aboard a vessel —means occupation of it by one (1) or more persons, while the vessel is docked or tied to any property lying within the city. The term is synonymous with inhabited vessel.
Hospital —Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, sanitorium, preventorium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of ailments.
Hospital, general medical and surgical only —A hospital other than for mental patients, contagious or infectious diseases, or liquor or drug addicts.
Hotel (motel, motor lodge) —A building in which lodging or boarding and lodging are provided and offered to the public for compensation with or without individual kitchen or cooking facilities and having or not having one (1) or more dining rooms, restaurants or cafes provided; however, if such dining room, restaurant or cafe exists, it is conducted in the same building or buildings.
Impervious surface —A surface which has been compacted or covered with a layer of material so that it will not permit the natural rate of absorption or retention of stormwater. Such areas include, but are not limited to building footprints, driveways, vehicular use areas, swimming pools, porches, decks, pavers and patios.
Impervious surface coverage —The percentage of surface area covered by any part of a building, vehicular use area, patio, sidewalk, pavers or any other structure, improvement or facility or material that prevents or severely restricts natural percolation of water.
Incineration device —A facility approved by the United States Coast Guard located on a vessel which is capable of reducing waste from any vessel to clean ash. No smoke or residue or harmful discharges shall be emitted from this device.
Isolated wetlands —Wetlands that have no surface hydrological or vegetative connections with waters of the state as defined in F.S. § 403.031(3).
Liveaboard vessel —
a)
Any vessel used solely as a residence and not for navigation; or
b)
Any vessel represented as a place of business or a professional or other commercial enterprise; or
c)
Any vessel for which a declaration of domicile has been filed pursuant to F.S. § 227.17.
Long-term rental —Any residential rental that is rented for a period of six (6) months or longer.
Lot —A parcel of land occupied or which has the potential for occupancy by a building together with its accessory buildings, including the open space required under this chapter. For the purpose of this chapter, the word "lot" shall be taken to mean any number of contiguous lots or portions thereof, upon which one (1) or more main structures for a single use are erected or are to be erected.
Lot, corner —A lot abutting upon two (2) or more streets at their intersection.
Lot depth —The depth of a lot is the distance 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.
Lot, interior —A lot other than a corner lot having frontage on one (1) street.
Lot lines —The lines bounding a lot as established by ownership.
Lot of record —A lot which is part of a subdivision, or a parcel of land described by metes and bounds, the plat or description of which has been recorded in the office of the Flagler County Clerk of the Circuit Court. If a portion of a lot or parcel has been conveyed at the time of the adoption of this ordinance, the remaining portion of said lot or parcel shall be considered a lot of record.
Lot, through —An interior lot having frontage on two (2) streets, other than a corner lot.
Marijuana —All parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis.
Marina —A waterfront facility providing one or more of the following: docking of boats, wet and/or dry storage of boats; sales of marine supplies and parts; and boat sales, rental, or charter; boat fueling, service and repair. The following water-enhanced uses are permitted to be conducted at a marina: restaurants, gift shops, ice cream shops, self-service laundries, water-taxi dockage, offices, bookstores, and other uses which are permitted in the tourist commercial district. A marina may contain one residential dwelling for a marina caretaker or owner.
Massing —The overall bulk, size, physical volume, or magnitude of a structure or project.
Medical marijuana treatment center —A facility licensed by the Florida Department of Health to cultivate, process, transport, or dispense marijuana or marijuana delivery devices.
Medical marijuana treatment center dispensary —A facility that is operated by a medical marijuana treatment center or other organization or business holding all necessary licenses and permits from which marijuana, cannabis, cannabis-based products, or cannabis plants are delivered, purchased, possessed, or dispensed for medical purposes and operated in accordance with all local, federal and state laws. Physicians authorized by state law to order low-THC cannabis, as defined in Florida Statutes, for patients' medical use are not included in the definition of medical marijuana dispensary.
Medical use. The prescriptive use of any form of cannabis to treat a qualifying medical condition and the symptoms associated with that condition or to alleviate the side effects of a qualifying medical treatment as authorized by state law.
Mini-warehouses —The term mini-warehouses shall be deemed to include personal property storage establishments in which storage space for personal property is provided and offered to the public for monetary compensation. Storage of goods shall be limited to personal property or business with no retail sales, repairs or manufacturing service establishments, offices, apartments (see Section 2.06.11(5), commercial distribution, assembly of finished goods or warehousing allowed).
Mitigation —Actions including, but not limited to, restoration, enhancement, or creation of wetlands, required to be taken by a person to offset environmental impacts of permitted activities.
Mixed-Use building —A use which contains a mixture of one or more residential units and commercial businesses within the same building.
Monopole tower —A communication tower consisting of a single pole, constructed without guy wires and ground anchors.
New construction —The creation of a new facility or the addition, expansion, or extension of an existing facility that adds to the building's overall external dimensions or any internal renovation or expansion, that directly and intentionally creates new habitable or useable space.
NIER —Nonionizing electromagnetic radiation.
Nonconforming use —A use that does not conform with the regulations of the use district, in which it is situated.
Non-medical marijuana sales. The purchase, sale, transfer or delivery of marijuana, cannabis, cannabis-based products or cannabis plants when such sale, transfer or delivery is not associated with any medical purpose or use, whether or not such purchase, sale, transfer or delivery is lawful under federal or state law.
Nursing home —A home for aged, chronically ill, or incurable persons, in which three (3) 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 institutions devoted primarily to the diagnosis and treatment of the sick or injured.
100 percent clear zone —The requirement that in the event of a tower failure, the entire height of the tower would fall completely within the boundaries of the property on which it is located.
On-shore restroom facility —An operating toilet located within an enclosed structure available for use at all times by persons who are using the adjacent property to dock or tie their vessel.
Open patio —An outdoor area or structure that, for the purposes of this ordinance, adjoins or is adjacent to a restaurant, saloon, tavern, bar, cafe, cocktail lounge, delicatessen, food service type establishment or the like.
Open space —An area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts or any other recreational facilities. Streets, structures for habitation, and the like shall not be included.
Outdoor entertainment —Refers to the provision of on-site amplified or non-amplified music, song, and/or spoken word for the enjoyment of patrons associated with a permitted business use or activity. Outdoor entertainment may be permanent or restricted.
Outdoor seating —Refers to secondary seating solely to serve patrons with food/beverage, stored and/or prepared in the adjacent establishment.
Owner —Includes a duly authorized agent, a purchaser, devisee, fiduciary, property holder or any other person, firm or corporation having a vested or contingent interest, or in case of leased premises, the legal holder of the lease contract, or the holder's legal representative, assign or successor.
Parking lot —An open area or plot of land used exclusively for the storage or parking of motor vehicles, but no vehicles are equipped, repaired, rented or sold.
Parking, off-street —Marked or unmarked parking located within a parcel and outside a private or public right-of-way.
Parking, on-street —Marked or unmarked parking located within a private or public right-of-way and outside of a parcel.
Pedestrian scale —The size and proportion of a physical element that closely relates to the human body.
Planning and architectural review board —The city planning advisory board as legally constituted for the City of Flagler Beach.
Planning and zoning director —The official designated by the city as the individual responsible for the administration of the city planning and zoning regulation matters.
Portable storage unit —Any container designed for the storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck or other means of conveyance.
Primary front facade —The facade of a building fronting onto a public or private street or pedestrian access way.
Public administrative and service facilities —Any publicly owned property and structures necessary to provide services to the surrounding area such as fire and police protection or other normal community service.
Recreational vehicle , except as otherwise defined in these land development regulations, is a vehicle primarily used as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicle units are those defined in F.S. § 320.01, as amended from time to time.
Resort condominium —Any unit or group of units in a condominium, cooperative, or timeshare plan which is rented less than six (6) months or rented more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than thirty (30) days or one (1) calendar month, whichever is less.
Resort dwelling —Any single-family dwelling that is rented less than six (6) months or rented more than three (3) times in a calendar year for periods of less than thirty (30) days or which is advertised or held out to the public as a place regularly rented to guests.
Restaurant —An establishment where food is generally ordered from a menu, prepared, and served for pay, primarily for consumption on the premises in a completely enclosed room, under the roof of the main structure, or with secondary seating typically in an adjacent patio, or open patio area. Added seating, secondary or otherwise, shall be prohibited unless site specific vehicular parking is available, equal to the total number of cumulative required spaces, as specified in Appendix A, Land Development Regulations, Section 2.06.02 Automotive Services, Schedule of Off-Street Parking Requirements. All establishments requiring an SRX License shall conform to F.S. § 561.20(2)(a)(4) which requires fifty-one (51) percent of monthly receipts come from the sale of food and non-alcoholic beverages.
Screen pool enclosure —A structure constructed over a swimming pool and surrounding pool deck which has walls and a roof composed of screen. The lower portion of the walls may be constructed of metal, not to exceed eighteen (18) inches in height from the pool deck. Enclosure with a solid roof shall be considered a screen room.
Self-support tower —A communication tower that is constructed without guy wires and ground anchors including lattice towers.
Service station, with major mechanical repairs —A building or lot which in addition to providing the sale of gasoline and normal accessories, provides in an enclosed structure major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, minor welding and storage of automobiles not in operating condition.
Service station, without major mechanical repairs —A building or lot that has as its primary purpose the sale of gasoline and normal accessories, for passenger vehicles, and which may also provide not more than three (3) work bays for minor repairs and maintenance to automobiles.
Setback —The required minimum distance between the building line and the related front, side or rear lot line over which no part of any building may extend, except as otherwise provided.
Shared parking —Parking that is utilized by two or more uses taking into account the variable peak demand times of each use; the uses can be located on more than one parcel.
Ship's store —means a facility that may provide bait, tackle, nautical supplies, snacks, soft drinks, beer and a variety of sundry items.
Special exception —A use which may be allowed within a zoning district subject to the provisions of this chapter and in accordance with the procedures as set forth in this chapter.
Story —That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.
Street —A facility, either public or private, which affords the primary access to abutting property and is intended for general traffic circulation whether existing in fee simple or by easement.
Street line —The line between the street and abutting property. Also referred to as right-of-way line.
Structure —Anything constructed or erected, the use of which requires permanent location on the land, or attachment to something having permanent location on the land or over water, extended over water, or affixed to something that is or will be located on the ground and covered by water.
Structure, temporary means a structure without any foundation or footings, designed, constructed, and intended to be used on a short term basis, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Structural alterations —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 any interior partitions affecting more than five (5) percent of the floor area of the building.
Swimming pool, private —A water-filled enclosure, permanently constructed or portable, having a depth of more than eighteen (18) inches below the level of the surrounding grade, or an above-ground pool, having a depth of more than thirty (30) inches, designed, used, and maintained for swimming and bathing by people. The sundeck area if above grade, diving boards, slides, and other related types of swimming pool equipment, and all appurtenances thereto, are included as a part of a private swimming pool.
Utility structure —A permanent or temporary fixed or movable accessory structure, which does not exceed one hundred fifty (150) square feet in floor area and ten (10) feet in height at the highest point of the roof for the purpose of storage of tools, lawn equipment and the like.
Utility trailer means a trailer manufactured, designed or used to store or carry personal property including but not limited to: household furnishings, building materials, lumber, boxes, automobiles and all terrain vehicles.
Vacant land —Any lot or parcel of land which is completely open, has no use associated with or upon it and is not utilized as the required yard area for any adjoining uses.
Variance —A modification from the literal interpretation of the provisions, other than those provisions relating to use requirements, subject to the procedures set forth in this ordinance.
Vessel —Is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Floating structures as defined herein are expressly excluded from the definition of a vessel.
Walkway (wetland buffer) —A passage or path for walking and/or accessibility clearly incidental to, and separate from the principal structure, and typically constructed of wood, recyclable elements, open grid concrete, rigid or open composite environmentally friendly materials. A deck, for the purpose of this ordinance shall not be construed a walkway. Other governmental agencies or entities are exempt from these requirements, as defined.
Wetland vegetation —As defined in Rule 17-301, Florida Administrative Code or its successor.
Wetlands —Lands which are identified by being inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The definition includes all isolated wetlands and wetlands contiguous and noncontiguous to waters, water bodies, and watercourses. Wetlands include, but are not limited to, swamp hammocks, hardwood hydric hammocks, riverine cypress, cypress ponds, bayheads, bogs, wet prairies, freshwater marshes, tidal flats, salt marshes, mangrove swamps and marine meadows. Dominant wetland vegetation shall be determined as provided in Chapter 403 and Rule 17-301, Florida Administrative Code or its successor.
Yard —An open space on the same lot with a building unoccupied or unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.
Yard, front —An open unoccupied space across the full width of the lot extending from the front building line (front building line includes open porches) to the front line of the lot. On corner lots the front yard shall mean the lesser of the width/depth dimension.
Yard, rear —An open unoccupied space extending across the full width of the lot and measured between the rear line of the lot and the rear building line of the main building.
Yard, side —An open unoccupied space on the same lot with a building between the building line and the side line of the lot extending through from the front building to the rear yard or to the rear line of the lot where no rear yard is required.
(Ord. No. 2004-28, § 1, 9-23-04; Ord. No. 2004-37, § 2, 1-27-05; Ord. No. 2005-02, § 1, 3-24-05; Ord. No. 2005-04, § 2, 5-12-05; Ord. No. 2005-06, § 1, 5-26-05; Ord. No. 2005-14, § 1, 6-23-05; Ord. No. 2005-24, § 1, 9-22-05; Ord. No. 2005-27, § 1, 12-1-05; Ord. No. 2006-09, § 1, 4-13-06; Ord. No. 2006-26, § 2, 11-30-06; Ord. No. 2007-09, § 1, 4-26-07; Ord. No. 2008-08, § 1, 10-16-08; Ord. No. 2009-14, § 2, 9-24-09; Ord. No. 2009-17, § 3, 10-8-09; Ord. No. 2010-13, § 2, 9-16-10; Ord. No. 2011-01, § 2, 10-13-11; Ord. No. 2013-03, § 2, 2-23-12; Ord. No. 2014-05, § 2, 3-28-14; Ord. No. 2014-12, § 1, 5-22-14; Ord. No. 2014-17, § 1, 1-8-15; Ord. No. 2015-05, § 1, 6-11-15; Ord. No. 2015-07, § 1, 8-27-15; Ord. No. 2016-02, §§ 2, 3, 3-10-16; Ord. No. 2017-02, § 2, 5-11-2017; Ord. No. 2017-09, § 1, 10-26-2017; Ord. No. 2018-05, § 3, 4-12-18)