§ 101-4. Rules of construction; definitions.
(a)
Rules of construction. The following rules of construction shall apply to this subpart:
(1)
Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the words "plot" or "parcel"; the word "building" includes any structure other than a boundary fence or wall.
(2)
The word "shall" is mandatory; the word "may" is permissive.
(3)
The word "use" or "occupied" includes the words "intended, utilized, designed, or arranged to be used or occupied."
(4)
The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.
(b)
Definitions. The following words, terms and phrases, when used in these land development regulations shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Accessory structure means that accessory structures shall be nonhabitable, no larger than 350 square feet, and shall not contain a kitchen or bathroom, and shall be on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure. In no event shall an accessory structure be constructed prior to the principal structure to which it is to be an accessory.
Accessory use means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use of the principal structure. In no event shall an accessory use be established prior to the principal use to which it is an accessory.
Acreage means that land lying within the city limits which has not been subdivided according to the records on file in the office of the clerk of the circuit court, in and for the county.
Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing walls is new construction.
Adjacent means that which lies near or close to, not widely separated or necessarily touching.
Adjoining means that which is joined, united or abutting (actually touching).
Alterations means any change or modification in construction.
Antenna means any apparatus designed for the transmitting and/or receiving of electromagnetic waves which includes but is not limited to telephonic, radio, or television communications. Types of antennas include, but are not limited to omnidirectional (whip) antennas, multi or single bay (FM and TV), yaggie, or parabolic (dish) antennas.
Antenna supporting structure means a vertical projection composed of metal, wood, or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna supporting structures may be either guyed, self supporting (lattice), monopoles, or in some other configuration. Any device which is used to attach antennas to an existing building shall be excluded from the definition of, and regulations applicable to, antenna supporting structures.
Appeal means a request for a review of the building inspector's interpretation of any provision of this section or a request for a variance in accordance with chapter 102, article V.
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.
Attached sign means a sign erected parallel to the facade or on the outside wall of any building and supported throughout its length by the wall of the building.
Attached wireless communication facility means an antenna, including dish antennas, that is attached to an existing building with any accompanying pole or device which attaches it to the building, transmission cables, and an equipment enclosure, which may be located either inside or outside of the existing building.
Banners, banner signs, and flag signs mean a cloth emblem or banner that is a recognized representation or symbol of any nonpublic agency or establishment, including not-for-profit organizations, political parties, commercial or business establishments, and similar organizations, including emblems, banners, and similar devices with or without letters or symbols that are placed for the purpose of advertising or attracting attention.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year; also called the "100-year flood."
Basement means that portion of a building having its floor subgrade (below ground level) on all sides.
Beach means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. The term "beach" is alternatively termed "shore."
Billboard means a sign or framework installed for the purpose of advertising merchandise, services, or entertainment sold, produced, manufactured, or furnished at places other than the location of the sign.
Breakaway wall or frangible wall means a partition independent of supporting structural members that will withstand design wind forces, but which will fail under hydrodynamic, wave and runup forces associated with the design storm surge. Under such conditions, the wall shall fail in a manner such that it breaks up into components which minimize the potential for damage to life or adjacent property, and will collapse without causing damage to the elevated portion of the building or the supporting foundation system. It shall be characteristic of a breakaway wall that it shall have a horizontal design loading resistance of no less than ten or more than 20 pounds per square foot.
Building means any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, vehicles, goods, merchandise, equipment, materials or property of any kind.
Building area means the portion of a lot remaining after required yards have been provided, which is available for development.
Building exterior wall line means the line of a building, as established by the enclosing walls of such building, designed and constructed to exclude the weather.
Building, front line of, means the line of that face of the building nearest the front line of the lot.
Building height means the vertical distance between the crown of the nearest paved road and the highest part of any structure, including mechanical equipment, but excluding chimneys, spires and steeples on structures utilized for institutional and public uses only, radio or television antenna, flagpoles, solar apparatus, and utility poles. However, in no event shall any of the exclusions enumerated in this definition be construed to permit any habitable or usable space to exceed the applicable height limitations.
Building line means the line, established by law, beyond which a building shall not extend, except as specifically provided by law.
Building official means the person designated by the city council to enforce certain provisions of the land development regulations, land use regulations and zoning regulations. The building official may also be the zoning official.
Building, principal, means a building in which is conducted the main or principal use of the lot on which said building is situated.
Building site means a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use and the customary accessories and open spaces belonging to the same.
Building support structure means any structure which supports floor, wall or column loads, and transmits them to the foundation. The term "building support structure" shall include beams, grade beams, or joists, and includes the lowest horizontal structural member exclusive of piles, columns, or footings.
Business service means any commercial activity primarily conducted in an office, not involving the sale of goods or commodities available in the office, and including such businesses as medical, dental, or veterinary services, financial institutions, real estate, insurance, law, architectural and/or engineering offices, or other similar uses determined by the city council to be in keeping with the intent implied herein. Beauty parlors, shops or salons, barbershops, massage, reducing, or slenderizing studios, or any similar uses are expressly excluded from this definition. (See Personal services.)
Church or worship hall means a building used by a group of persons for the purpose of maintaining public worship services on a regularly scheduled basis. Such group of persons shall be a voluntary organization. A church or worship hall shall not be used as a residence except by the church leader and his immediate family. The immediate family of the church leader shall mean those persons related by blood, marriage, or legal adoption.
Coastal barrier islands means geological surface features above mean high water which are open waters of the Gulf of Mexico, Atlantic Ocean, Florida Bay, or Straits of Florida and are composed of quartz sands, clays, limestone, oolites, rock, coral, coquina, sediment, or other material, including spoil disposal. Mainland areas which were separated from the mainland by artificial channelization for the purpose of assisting marine commerce shall not be considered coastal barrier islands.
Coastal building zone.
(1)
The term "coastal building zone" means:
a.
For mainland areas which front directly upon the open waters of either the Gulf of Mexico, Atlantic Ocean, Florida Bay, or Straits of Florida, the land area between the seasonal high-water line and a line 1,500 feet landward from the coastal construction control line.
b.
For mainland areas where a coastal construction control line has not been established, the coastal building zone shall not be the land area seaward of the most landward velocity zone (V zone) boundary line established by the Federal Emergency Management Agency and shown on the flood insurance rate maps.
c.
For coastal barrier islands, the land area between the seasonal high-water line and a line 5,000 feet landward from the coastal construction control line or the entire island, whichever is less.
d.
For coastal barrier islands on which no coastal construction control line has been established, the land area seaward of the most landward velocity zone (V zone) boundary line established by the Federal Emergency Management Agency and shown on the flood insurance rate maps.
(2)
All land area in the Florida Keys shall be included in the coastal building zone.
Coastal construction control line means the landward extent of that portion of the beach-dune system which is subject to severe fluctuations based upon a 100-year storm surge, storm waves, or other predictable weather conditions as established by the state department of environmental protection in accordance with F.S. § 161.053.
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 flood insurance rate map (FIRM) as zone V1-30, VE or V.
Collocation means a situation in which two or more different wireless communication service providers place wireless communication antennas on a common antenna supporting structure. The term "collocation" shall not be applied to a situation where two or more wireless communication service providers independently place equipment on an existing building.
Concurrency means a condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development project.
Construction means the building of or substantial improvement to any structure or the clearing, filling, or excavation of any land. The term "construction" shall also mean any alterations in the size or use of any structure or the appearance of any land. When appropriate to the context, the term "construction" refers to the act of construction or the result of construction.
Continuous access means a natural passage or an existing manmade channel no shallower than four feet at mean low water and no narrower than 20 feet.
Coverage, ground. See Lot coverage.
Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials. The term "development" includes the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels. The term "development" is further defined in F.S. § 380.04.
Disturbed wetlands means those lands receiving a score of less than seven points in the KEYWEP procedure.
Dual front means a building designed or constructed so as to present the appearance of having two fronts.
Dune means a mound or ridge of loose sediments, usually sand-sized, deposited by natural or artificial means, which lies landward of the beach.
Dwelling, adult congregate living, means a facility, whether run for profit or not, licensed by the state, which provides care and supervision pursuant to state licensing in a group or family setting to individuals of who one or more are not related to the other occupants by blood, adoption or marriage. These individuals are handicapped, aged, in need of adult supervision, or are receiving counseling and supervision in accordance with their individual needs. However, this shall not include criminals or the criminally insane, juvenile delinquents, persons receiving treatment for drug abuse or dependency, or any other persons who may require special security to provide adequate safety to the general population. Such facilities shall contain only congregate kitchen, dining, and living areas with separate sleeping rooms. Should the facility be designed as multiple dwellings or residence units, it shall be restricted to the same density as allowed a normal residential structure.
Dwelling, mobile home, means a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and designed to arrive at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home. Mobile home dwellings are prohibited in the city.
Dwelling, multiple-family, means a building or portion thereof containing more than two dwelling units.
Dwelling, single-family, means a detached residential dwelling unit, other than a mobile home, designed for occupancy by one family only.
Dwelling, two-family (duplex), means a building or portion thereof containing two dwelling units.
Dwelling unit means one room, or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a 90-day or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
Easement means any strip of land created by a subdivider or granted by the owner, for public or private utilities, drainage, sanitation, ingress and egress, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.
Elevated building means a nonbasement building built to have the lowest floor elevated above the ground level by means of solid perimeter walls, pilings, columns (posts or piers), shear walls, or breakaway walls.
Enclosure means that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls and used solely for limited storage, parking or entryways. Enclosures shall not be constructed, equipped or used for habitational purposes.
Equipment enclosure means any structure above the base flood elevation, including cabinets, shelters (prefabricated or otherwise), pedestals, and other similar structures. Equipment enclosures are used exclusively to contain radio or other equipment necessary for the transmission or reception of wireless communications signals not for the storage of equipment nor as habitable space.
Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed by January 13, 1988.
Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and other final site grading or the pouring of streets.
Family means one or more persons sharing a dwelling unit that are related by blood or marriage or, if no such relationship exists, a group containing no more than three persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as part of the family.
Flashing sign means a sign with lighting that flashes, blinks, or operates intermittently.
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1)
The overflow of inland or tidal waters;
(2)
The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage prevention. See chapter 114.
Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A.
Flood insurance rate map (FIRM) means an official map of a community, 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.
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.
Floodproofing means any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Floor means the top surface of an enclosed area in a building, including the 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.
Foster care and group home facilities mean congregate living facilities for persons who may or may not be related and which are licensed by the state and contain a maximum of six beds, but do not include medical or other treatment facilities.
Freestanding sign means a sign which is supported by one or more columns, uprights, or braces in or upon the ground, including pole and ground signs.
Frontage means all property on one side of a dedicated public street or place between two intersecting dedicated public streets or places measured along the line of the dedicated public street or place, or if the dedicated public street or place is dead-ended, then all of the property abutting on one side between an intersecting dedicated public street or place and the dead-end of the dedicated public street or place. The term "frontage" also includes dedicated ingress-egress easements when used for the only means of access.
Garage, private, means a building or space used as an accessory to or as part of a main building permitted in any residential district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted.
Grade means the highest elevation of the crown of the nearest paved road.
Gross floor area means the sum of the total areas taken on a horizontal plane of a floor or several floors of a building measured between the outside of the exterior walls.
Guyed means a style of antenna supporting structure consisting of a single trussed assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of guy wires which are connected to anchors placed in the ground or on a building. These structures can be mounted to a foundation which rests on or in the ground or on a building's roof.
Habitable floor means any floor usable for living purposes, which includes working, sleeping, eating, cooking, or indoor recreation, or a combination thereof. A floor designed and used only for storage purposes is not a habitable floor.
Hard-bottom community means corals or those areas which contain biological assemblages consisting of sessile invertebrates such as sea fans, sea whips, hydroids (polyps), anemones, ascidians (sea squirts), or sponges living upon and attached to naturally occurring hard or rocky formations with rough, broken or smooth topography; or areas the geology of which favors the accumulation of turtles, fishes and other fauna.
Hedge means a fence of a row of shrubs or low trees planted close together, including those making a boundary or forming a barrier.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
Historic structure means any structure that is:
(1)
Listed individually in the National Register of Historic Places (a listing maintained by the Federal Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3)
Individually listed on a state inventory of historic places with said inventory program being approved by the Secretary of the Interior; or
(4)
Individually listed on a local inventory of historic places program established by the city and which has been certified by an approved state program as determined by the Secretary of the Interior.
Hotel. See Tourist lodging facilities.
Impervious surface means a surface which does not allow, or minimally allows, the penetration of water; included as examples are building roofs, normal concrete and asphalt pavements, and some fine-grained soils, such as clays.
Juridictional wetlands mean wetlands that some governmental agency has jurisdiction over, such as the state department of environmental protection (DEP), or U.S. Army Corps of Engineers (ACOE). Sometimes both agencies may claim jurisdiction, and sometimes only one will claim jurisdiction.
KEYWEP means the Keys Wetland Evaluation Procedure.
Landscaped areas means areas that consist of any of the following or combination thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and nonliving durable material commonly used in landscaping such as, but not limited to, natural coral rock, limestone rock pebbles, but excluding pavement.
Living area means the area of the floor measured from the outside of the exterior walls to the centerline of interior dividing walls. The square footage of garages, carports, screen porches, screen enclosures, stoops, patios, breezeways, etc., shall not be computed as part of the living area.
Loft means a floor above a habitable floor and within the same habitable space, which is primarily used for storage.
Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(1)
A single lot of record;
(2)
A portion of a lot of record;
(3)
A combination of complete lots of record, of complete lots of record and portion of lots of record, with unity of title;
(4)
A parcel of land described by metes and bounds;
provided that in no case of division or combination shall a residual lot or parcel be created which does not meet the requirements of this subpart.
Lot coverage means that portion of the area of a lot, plot, or building site, expressed as a percentage, occupied by all buildings or structures which are roofed or are otherwise covered with impervious surfaces.
Lot frontage means the front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to the streets shall be considered frontage, and yards shall be provided as indicated under the definition of "yards" in this section.
Lot lines means the property lines bounding a lot.
Lot measurements means that:
(1)
The depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear.
(2)
The width of a lot shall be considered to be the distance between the straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the 80 percent of the requirement shall not apply.
Lot of record means a lot which is part of a subdivision recorded in the office of the clerk of the circuit court of the county or a lot or parcel described by metes and bounds, the description of which has been so recorded prior to adoption of the comprehensive plan on November 16, 1990.
Major structure means any structure that includes but is not limited to residential buildings, including mobile homes, commercial, institutional, industrial, and other construction having the potential for substantial impact on coastal zones.
Mangrove stand means an assemblage of mangrove trees which is mostly low trees rooted for a copious development of interlacing adventitious roots above the ground and which contains one or more of the following species: black mangrove (Avicennia germinans), red mangrove (Rhizophora mangle), white mangrove (Languncularia racemosa), and buttonwood (Conocarpus erecta).
Manufactured (mobile) 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 required utilities. The term "manufactured (mobile) home" also includes park trailers, travel trailers, and similar transportable structures on a site for 180 consecutive days or longer and intended to be improved property, but does not include modular homes that are designed and constructed to meet or exceed the requirements of the Florida Building Code.
Market value of the structure means the county property appraiser's depreciated value of the structure plus 20 percent. The use of a cost approach appraisal for determination of market value may be used, if such cost approach appraisal is prepared by a certified professional and such cost approach appraisal is submitted to and approved by the construction board of adjustment and appeals. Such individuals shall be required to possess certification as state certified residential appraisers for appraising one to four family residential properties and state certified general appraisers for all other properties including commercial and multi residential. Copies of all appraisals shall be forwarded to the office of the county property appraiser.
Mean high water (MHW) means the average height of high waters over a 19-year period.
Mean high-water line (MHWL) means the intersection of the tidal plane of mean high water with the shore.
Mean low water (MLW) means the average height of low waters over a 19-year period.
Mean low-water line (MLWL) means the intersection of the tidal plane of mean low water with the shore.
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 subsection, the term "mean sea level" is synonymous with National Geodetic Vertical Datum (NGVD).
Minor structure means any structure that includes but is not limited to pile-supported, elevated dune and beach walkover structures; beach access ramps and walkways; stairways; pile-supported elevated viewing platforms, gazebos, and boardwalks; lifeguard support stands; public and private bathhouses; sidewalks, driveways, parking areas, shuffleboard courts, tennis courts, handball courts, racquetball courts, and other uncovered paved areas; earth retaining walls; sand fences, privacy fences, ornamental walls, ornamental garden structures, aviaries, and other ornamental construction. It shall be a characteristic of minor structures that they are considered to be expendable under design wind, wave, and storm forces.
Mixed use development means a development or structure in the "C" commercial district having permitted commercial uses on the first floor and residential uses on the second floor.
Mobile home means manufactured housing which conforms to the Federal Manufactured Housing Construction and Safety Standards or the Uniform Standards Code ANSI A-119.1 pursuant to F.S § 320.823. See Dwelling, mobile home.
Mobile unit means a non-self-propelled unit or movable structure utilized as a temporary accessory use during construction or preconstruction sales. Said units must be removed prior to issuance of a certificate of occupancy and may include uses similar to the following: construction trailers, model sales units and/or offices. Mobile units require the issuance of a permit prior to construction, erection or placement.
Monopole means a style of freestanding antenna supporting structure which is composed of a single shaft usually composed of two or more hollow sections which are in turn attached to a foundation. This type of antenna supporting structure is designed to support itself without the use of guy wires or other stabilization devices. These structures are mounted to a foundation which rests on or in the ground or on a building's roof.
Motels. See Tourist lodging facilities.
National Geodetic Vertical Datum (NGVD) (as corrected in 1929) means a vertical control used as a reference for establishing varying elevations within the floodplain.
New construction means any structure for which the start of construction commenced after January 13, 1988. The term "new construction" also includes any subsequent improvements to such structure.
New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of streets) on or after January 13, 1988.
Nonconforming use means a use that does not conform with the regulations of the use district in which it is situated, and which was erected prior to the adoption of the comprehensive plan on November 16, 1990, as amended on June 14, 1996. (See chapter 126, article III.)
Nonhabitable major structure means any structure that includes but is not limited to swimming pools; parking garages; pipelines; piers; canals, lakes, ditches, drainage structures, and other water retention structures; water and sewage treatment plants; electrical power plants, transmission and distribution lines, transformer pads, vaults, and substations; roads, bridges, streets, and highways; and underground storage tanks.
NGVD (National Geodetic Vertical Datum) means a geodetic datum established by the National Ocean Service and frequently referred to as the 1929 mean sea level datum.
One-hundred year storm or 100-year storm means a shore incident hurricane or any other storm with accompanying wind, wave, and storm surge intensity having a one percent chance of being equaled or exceeded in any given year, during any 100-year interval.
Open water means the portion of Florida Bay, the Gulf of Mexico, or Long Key Bight which consists of an uninterrupted expanse of water deeper than four feet at mean low water.
Parking lot means a paved area used for the storage or the parking of motor vehicles and not including parking areas contained in a parking garage. The city council may waive the requirement that (required) parking be paved.
Parking space, off-street. See section 126-131.
Person means an individual and includes corporations, associations, public agencies, or property owners, or employees, contractors, or agents thereof.
Personal services means beauty parlors, shops or salons, barbershops, shoe repair shops, health spas, or other uses determined by the city council to be in keeping with the intent implied herein.
Planned commercial development. See chapter 102, article IV.
Planned development. See chapter 102, article IV.
Plat means a map, plan or layout of the city, section or subdivision indicating the location and boundaries of individual properties.
Plot means a parcel of ground containing more than one lot upon which a building and its necessary accessory buildings have been or may be erected.
Porch means a roofed space attached to the outside of an outer wall of a building, open on one or more sides, which may have railings, screen or glass enclosure. An open or unenclosed porch is one without glass, canvas, screen, or similar materials on the open sides.
Portable sign means any sign or similar advertising device not permanently affixed to the ground or a building.
Principle use means the primary activity, function, or the purpose for which a parcel of land or building is used.
Public agency means any government or governmental agency, board, commission, authority, or public body of the city, county, state, United States of America, or any other legally constituted district.
Public antenna supporting structure means an antenna supporting structure, appurtenances, equipment enclosures, and all associated ancillary structures used by a public body or public utility for the purposes of transmission and/or reception of wireless communications signals associated with but not limited to public education, parks and recreation, fire and police protection, public works, and general government.
Public use means the use of any land, water, or building by a public agency for the general public.
Public utility includes any publicly or privately owned utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, telephone lines, whether underground or overhead.
Recreational vehicle means a vehicle which is:
(1)
Built on a single chassis;
(2)
Four-hundred square feet or less when measured at the largest horizontal projection;
(3)
Designed to be self-propelled or permanently towable by a light-duty truck; and
(4)
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Replacement means the construction of a new antenna supporting structure built to replace an existing antenna supporting structure. A replacement antenna supporting structure may be of greater, equal, or lesser height than the antenna supporting structure it is replacing, and is usually located on its own individual foundation. Reconstruction for the purposes of repair to an existing legally conforming antenna supporting structure which has been damaged through no act of the structure owner, his tenants or assigns, shall not be considered replacement provided there is no increase in height.
Residence. See Dwelling unit.
Retail sales establishment means a building or structure in which goods or commodities pass in title or ownership from the seller to the buyer for a price. Transactions shall take place only with the consumer, thereby eliminating wholesale operations from this definition.
Riprap means natural or concrete boulders that meet the following criteria:
(1)
Consists of natural boulders or manmade boulders six inches to three feet in diameter or in average dimensions;
(2)
Constructed at slope no steeper than two (horizontal) to one (vertical) and the horizontal distance is no more than eight feet;
(3)
There are no reinforcing rods or other similar protrusions in concrete rubble; and
(4)
All rubble or boulders are free of attached sediments such as concrete, except as may be necessary at the points of contact to secure the boulders. Filling of gaps and crevices with concrete is not permitted.
Sand dune means a naturally occurring accumulation of sand in ridges or mounds landward of the beach.
Satellite earth station means a single or group of satellite parabolic (or dish) antennas, with one or more having a diameter greater than 30 inches. These dishes are mounted to a supporting device which may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may or may not include the associated separate equipment enclosures necessary for the transmission or reception of wireless communications signals with satellites.
Seasonal high-water line means the line formed by the intersection of the rising shore and the elevation of 150 percent of the local mean tidal range above mean high water.
Self-supporting or self supporting means a style of freestanding antenna supporting structure which consists of an inverted truss assembly or other assembly designed to support itself without the use of guy wires or other stabilization devices. These structures are typically composed of three or four legs which rest upon individual foundations and are held together with bracing. These structures can be mounted to a foundation which rests on or in the ground or on a building's roof.
Setback means the horizontal distance between the front line, side line, or rear line of the building site to the front, side or rear of the building or structure respectively. Setbacks shall be measured perpendicular to and parallel with property or right-of-way lines.
Setback, centerline. See Street centerline setback.
Shingle sign means any outdoor advertising display sign, installed, constructed, or maintained on or above the roof of any building.
Shopping center means a group of commercial establishments, planned, developed, owned and managed as a unit related in location, size, and type of uses to the trade area that the unit serves; it provides onsite parking in definite relationship to the types and sizes of uses within the unit.
Shoreline means the interface between land and water, extending seaward of mean high water (MHW) to include fringing mangroves and adjacent shelf and may also include a transitional zone landward of the mean high water line (MHWL).
(1)
Altered shoreline. Altered shorelines are generally located directly along dredged canals, basins and abutting channels. These shorelines have been lawfully filled, vertically bulk headed, or modified to such a degree that the original slope landward of the shoreline no longer exhibits those functions typical of natural shorelines including filtration, nutrient uptake, shoreline stabilization, storm surge abatement, and provisions of habitat for wildlife and fisheries. A shoreline is not "altered" unless the functional characteristics of both the transitional zone and the zone seaward of mean high water have been altered.
(2)
Unaltered shorelines. Unaltered shorelines are generally located along natural nondredged waterways and open water. These shorelines exhibit the natural functions cited above even though fill or rip-rap may be present either above or below MHWL.
Signs. See chapter 118.
Special exception use means a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, or relation to neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare of the district and the community. Special exception uses may be permitted only for those uses identified as special exception uses in this subpart and must be consistent with the land use map.
Start of construction 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, and includes new construction and substantial improvement. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of footings, installation of piles, construction of columns, or any work beyond the stage of excavation. 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 part of the main structure.
State Minimum Building Code means the Florida Building Code.
Storage, open, means the storage or keeping of any goods, products, or vehicles in an unoccupied space open to the sky for eventual removal not expected within 72 hours, or for continuous replacement of same by similar goods or products.
Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.
Street means any dedicated public way or ingress-egress easement as principal means of access.
Street centerline means the line midway between the street right-of-way lines of the surveyed and platted centerline of a street which may or may not be the line midway between the existing right-of-way lines or pavement.
Street centerline setback means the minimum distance measured from the street right-of-way centerline required for the preservation of existing right-of-way and future right-of-way expansion.
Street right-of-way line means the line which abounds the right-of-way set aside for use as a street or public roadway.
Structural alteration means a change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls, except in such repairs or replacements as may be required for the safety of the building.
Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, billboards, fences, and poster panels. The term "structure" also includes a walled or roofed building that is principally above ground, a gas or liquid storage tank or other manmade facilities or infrastructures.
Submerged lands means land below the mean high tide line and/or mean high water line of an upland body of water.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during the life of a structure, in which the cumulative costs equals or exceeds 50 percent of the market value of the structure, either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. For the purpose of this definition, substantial improvement is considered to occur 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. The term "substantial improvement" does not, however, include:
(1)
Any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which have been identified by the code enforcement official and which are solely necessary to assure safe living conditions; or
(2)
Any alteration of a historic structure listed on the National Register of Historic Places, the state inventory of historic places or any inventory of local historic places, provided that the alteration will not preclude the structure's continued designation as a historic structure. Substantial improvements only apply to structures the initial construction of which began prior to January 1, 1975, or structures rendered noncompliant by a revised flood insurance rate map. All applications deemed substantial or nonsubstantial must be approved by the floodplain administrator or the building official.
Substantially alter means to remove one-half or more of a tree's canopy or branches, or the alteration of one-third or more of a plant community.
Substantially improved existing manufactured home parks or subdivisions means home parks or subdivisions where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceed 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commences.
Temporary tent structure means a structure that is movable in the sense that it is not secured to the ground by any means other than guys/straps intended to prevent tipping or other inadvertent movement, is not serviced by any utilities, consists of a support structure supporting a fabric covering, and the intended use of which is to provide minimal protection from sun or rain for support of, or participation, in short-term time-specific activities or projects.
Tourist attraction means a permanent facility intended to attract tourists to the area, and which has a theme or function related to the heritage or natural resources of the Florida Keys.
Tourist lodging facilities includes hotels and motels as described below:
(1)
Hotel. A building or part thereof, containing rental sleeping units that are offered to the public for rental periods of six months or less, and where an inner lobby is maintained through which all occupants must pass to gain access to sleeping units. Rental sleeping units are devoted to the use of transients with the exception of those units used by the manager, owner and/or caretaker.
(2)
Motel. A building or group of buildings containing rental sleeping units that are offered to the public for rental periods of six months or less, and where each unit has convenient access to a parking space for the use of the unit's occupants. Rental sleeping units are devoted to the use of transients with the exception of those units used by the manager, owner or caretaker.
(3)
Time sharing structure. Any hotel or motel in which units are under interval ownership as described by state statutes.
Travel trailer or recreational vehicle means any vehicle or structure designed and constructed in such a manner as will permit occupancy thereof as sleeping quarters for one or more persons, and so designed that it is or may be mounted on wheels and used as a conveyance on streets or highways, propelled or drawn by its own or other motive power. Such vehicles or structures shall have a body width not exceeding eight feet, and being of any length provided its gross weight does not exceed 4,500 pounds or being of any weight provided its body length does not exceed 35 feet and does not qualify as a mobile home. (See Recreational vehicle.)
Trees, desired. The following trees are declared to be desired species and may be used to satisfy the requirements of this subpart:
Latin Name Trade Name Status Conocarpus erectus Buttonwood, Silver Buttonwood None Bursera simaruba Gumbo Limbo None Chrysophuyllum oliviforme Satinleaf Endangered (e) Clusia rosea Pitch Apple, Autograph Tree Endangered (e) Coccoloba diversifolia Pigeon Plum None Coccolobra uvifera Seagrape None Colubrina arborescens Coffee Colubrina None Cordia sebestena Geiger Tree Endangered (e) Dipholis salificolia Willow Bustic None Drypetes diversifolia Milkbark None Exostema caribaeum Princewood None Exothea paniculata Inkwood None Ficus aurea Strangler Fig None Ficus citrifolia Shortleaf Fig None Hibiscus tilaceous Mahoe None Krugiodendron ferreum Black Ironwood None Lysiloma latisiliquum Wild Tamarind, Lysiloma None Mastichodendron foetidissimum Mastic None Nectandra coriacea Lancewood, Jamaica Nectandra None Persea borbonea Redbay None Pinus elliotti Slash Pine None Piscidia piscipula Jamaica Dogwood None Simarouba glauca Paradise Tree None Swietenia mahagoni Mahogany Endangered (e) (Not applicable) All species of palm trees None Fruit Trees None Trees, undesirable. The following trees are declared to be undesirable and shall not be used to meet the minimum requirements of this subpart, even if such species exist on a parcel at the time of development approval application:
(1)
Brazilian Pepper (Florida Holly).
(2)
Australian Pine.
(3)
Melalueca.
(4)
Leatherleaf.
Undeveloped parcel means a lot or parcel that does not contain a habitable structure.
Undisturbed wetlands means those lands designated as red flag wetlands or receiving a score of seven points or greater in the KEYWEP procedure.
Use means any activity, function, or purpose to which a parcel of land, building, structure, or water body is put, and shall include the words "used," "arranged," or "occupied," for any purpose including all residential, commercial, industrial, or public use.
Used for includes the term "designed for."
Variance means a deviation from zoning district requirements or other land development regulations which is granted by the city council, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the physical characteristics of that particular property and not the result of the actions of the owner, agent, or applicant, a literal enforcement of these land development regulations would result in unnecessary and undue hardship. (See chapter 102, article V, division 1 of this subpart.) As applicable to flood damage prevention, the term "variance" means a grant of relief from the requirements of chapter 114 which permits construction in a manner otherwise prohibited by chapter 114 where specific enforcement would result in unnecessary hardship.
Vehicle means any self-propelled conveyance designed for and used for the purpose of transporting or moving persons, animals, freight, merchandise, or any substance, and shall include passenger cars, trucks, buses, motorcycles, and scooters.
Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described in this definition. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. State wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. (Further defined in F.S. § 373.019 and in DEP 1994 Delineation of the Landward Extent of wetlands and Surface Waters—F.A.C. ch. 62-340.)
Wireless communication facility (WCF) means any unstaffed facility for the transmission and/or reception of radio frequency signals, usually consisting of an antenna or group of antennas, transmission cables, and equipment enclosures, and may include an antenna supporting structure. The following developments shall be considered as a wireless communication facility: developments containing new or existing antenna supporting structures, public antenna supporting structures, replacement antenna supporting structures, collocations on existing antenna supporting structures, and attached wireless communications facilities, and satellite earth stations.
Wireless communications means any wireless service as defined in the Federal Telecommunications Act of 1996 which includes Federal Communications Commission licensed commercial wireless telecommunications services such as, but not limited to, cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, radio and television broadcast services, and similar services that currently exist or may be developed in the future.
Yards means the unoccupied and unobstructed open space on the same lot with the main building which extends from the ground upward:
(1)
Front yard means the open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.
(2)
Rear yard means the open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.
(3)
Side yard means the open space between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
Zoning official means the person designated by the city council to enforce and administer all zoning and development regulations of the city. The zoning official may also be the building official. Any action taken by the zoning official to enforce such regulations shall not preclude action by the code enforcement board.
(LDR 2002, § 5; Ord. No. 2007-06-01, § 1, 8-2-2007)