Article 9. DEFINITIONS  

For the purposes of this Code, the following terms shall have the meanings set forth below. Included are pertinent definitions adopted in the Comprehensive Plan, in addition to others applicable to this Code but not covered in the Plan. It is the intent of this Article to incorporate Comprehensive Plan definitions in substantially the same form in which they were adopted, although some terms may be defined here in a more detailed or restrictive manner. In the event a Comprehensive Plan amendment conflicts with a definition contained herein, the definition in the Comprehensive Plan shall take precedence, and shall be incorporated into this Code by reference. For any definition not found here, refer to a published dictionary form.

AASHTO: American Association of State Highway and Transportation Officials.

Abandonment of Use: The intent on the part of the user to abandon his right to a nonconforming use of the premises, as well as an actual cessation of the use in issue. Any use discontinued for a period of 90 days shall be deemed an abandoned use.

Accessory Building/Structure: A structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute an minimal investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory buildings/structures include detached garages, carports, storage sheds, pole barns, and hay sheds.

Accessory Use: A use customarily incidental to the principal use of the property.

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

Administrative Approval: Approval given by the County Manager/designee for permitting based on standards and criteria in the ordinance for Temporary Special Use Permits and for the construction of farmworker housing.

Adult Day Care Facility: Any building or buildings, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a part of the 24-hour day, basic services to three or more adults, not related to the owner/operator by blood or marriage, who require such services.

Adult Entertainment Establishment: Any business which excludes minors by virtue of age due to the presence or display of films, photographs, published materials, or activities of a sexual nature. This definition shall include adult bookstores and theaters, and establishments offering massage, body rubs, any display of nudity, and similar activities to the exclusion of minors. Establishments which offer medical and therapeutic services provided by state licensed practitioners are excluded from this definition. Any business qualifying as an incidental adult materials vendor shall also be excluded from this definition.

Adult Foster Home: A full-time, family-type living arrangement, in a private home, under which a person or persons provide, on a nonprofit basis, services of room, board, personal assistance, general supervision, and health monitoring, as appropriate for the level of functional impairment, for three or fewer non-relatives who are aged or disabled adults placed in the home by the Department of Health and Rehabilitative Services.

Adult Living Facility: Any building or buildings, section of a building, or distinct part of a building, residence, private home, boarding home, home for the aged or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, housing, food service, and one or more personal services for four or more adults, not related to the owner or administrator by blood or marriage, who require such services; or to provide limited nursing services or limited mental health services, when specifically licensed to do so pursuant to s. 400.407, F.S. A Facility offering personal services, limited nursing services, or limited nursing services, or limited mental health services for fewer than four adults is within the meaning of this definition, if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment which regularly provides such services.

[Note: as defined by the State of Florida, an ALF with six residents or less is classified as a single-family residence.]

Affordable Housing: Housing costs that, on a monthly basis, require rent or mortgage payments of no more than 30% of a household's monthly gross income.

Agriculture or Agricultural: The use of land for commercial cultivation of crops or the raising of animals or for preservation of land in its natural state.

Agricultural Building or Structure: Any building or structure that is accessory to the principal agricultural use of the land.

Agricultural Uses: Activities within land areas which are predominantly used for the cultivation of crops and livestock including: crop land; pastureland; intensive dairy operations; confined feeding operations; poultry raising; egg production; hatcheries; slaughterhouses; orchards; vineyards; nurseries; ornamental horticulture areas; groves; specialty farms; aquaculture operations; beekeeping operations; and silviculture areas.

Alterations: Any change or additions to the load-bearing members or the foundation of a structure.

Ambient Air Quality Standards: Standards that establish acceptable concentration levels for major classes of pollutants in the "ambient air" (that portion of the atmosphere which is external to buildings and accessible to the general public).

Amnesty Days: A period time authorized by the state for the purpose of purging small quantities of hazardous waste, free of charge, from the possession of homeowners, farmers, schools, state agencies, and small businesses.

Antenna: A mechanism, less than 30 feet in height, the purpose of which is to receive television or radio signals directly from ground-based sources, or to transmit such signals directly to ground-based receivers.

Antique Car/ Vehicle: Any vehicle 25 years or older.

Apartment Building: A building which is used or intended to be used as a home or residence for three, or more, families living in separate quarters.

Applicant: Any person who submits subdivision plans for the purpose of obtaining approval thereof.

Aquifer: A water bearing stratum of permeable rock, sand, or gravel.

Area of Shallow Flooding: A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.

Area of Special Flood Hazard: Land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Arterial Road: A roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. In addition, every United States numbered highway is an Arterial road.

Automotive Repair, Major: Includes activities listed under Service Station, as well as removal and major overhaul of engines, transmissions and drive systems, and all types of paint and body work.

Automotive Repair, Minor: See Service Station. A business that performs minor automotive repair may include the sale of motor fuels.

Automotive Restoration/Antique or Classic (Private and "Not for Profit"): Restoring of classic vehicles (more than 20 years old) or antique vehicles (more than 25 years old) by a private individual and "not for profit." All activities must take place under cover. Stored vehicles must be screened. Vehicles may not be stored in front of the principal structure and must be set back 10 feet from side and rear property lines. An individual who is restoring a classic or antique vehicle, may have three inoperable vehicles as long as they are of the same make and model of the vehicle he is restoring.

Auto Salvage Yard: A commercial business that disassembles inoperable vehicles for the purpose of resale of automobile parts. Not more than three inoperable vehicles may be stored at any one time. See "Junkyard" for a business that stores more than three inoperable vehicles.

Availability or Available: With regard to the provision of facilities and services concurrent with the impacts of development, means that at a minimum the facilities and services will be provided.

Bar: Means and includes the terms "cocktail lounge", "tavern", "sports bar", and similar terms, synonyms and uses in which alcoholic beverages are sold and/or consumed on the premises and in which no customer dancing, or paid entertainment other than music is permitted. Any establishment serving alcoholic beverages, and not meeting the criteria for a restaurant as defined in this Code, regardless of any State licenses that they may possess, shall be classified as a bar.

Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year.

Basement: That portion of a building having its floor subgrade (below ground level) on all sides.

Bed and Breakfast: An owner-occupied dwelling unit containing no more than six guest rooms where lodging, with or without meals, is provided for compensation.

Best Management Practice (BMP): A practice or combination of practices that are determined to be the most effective, practical means of preventing or reducing pollution.

Bicycle and Pedestrian Ways: Any road, path or way which is open to bicycle travel and traffic afoot and from which motor vehicles are excluded.

Billboard Advertising Sign: A permanently constructed sign, usually designed for use with changing advertising copy, which is used for the advertisement of goods produced or services rendered at locations other than the premises on which the sign is located, not otherwise exempted or permitted by this Code.

Bin (Container): A receptacle used for storage of parts or material.

Bio-hazardous Waste: Infectious agents or other hazardous biological materials that present a risk (or potential risk) to the health of humans, animals or the environment.

Board: The Board of County Commissioners of Hardee County, Florida.

Boarding or Rooming House: Residential Facility other than an apartment building, hotel/motel, or restaurant, containing four or more rooms, where meals and/or lodging are provided in exchange for monetary compensation. This definition shall include dormitories, fraternity houses, and sorority houses.

Bottle Club: Means an establishment providing facilities for the consumption of alcoholic beverages by it patrons on the premises, but not licensed to sell alcoholic beverages, without regard to whether the patrons are required to be members of the club or establishment.

Breakaway Wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Buffer Yard: An area or strip of land established to separate and protect one type of land use from another with which it is incompatible. A buffer area typically is landscaped and contains vegetative plantings, berms, and/or walls or fences to create a visual and/or sound barrier between the two incompatible uses.

Building: A fully-enclosed structure created to shelter any form of human activity. This may refer to a house, garage, church, hotel, packinghouse, or similar structure. Buildings may refer to a historically- or architecturally-related complex, such as a house or jail.

Building Area: The total ground area taken on a horizontal plane at the mean grade level, of each building and accessory building but not including uncovered entrance platforms, terraces and steps.

Building Height: The vertical distance measured from the established mean grade at the front building line to the highest point of the building.

Building Line: The vertical projection of the outer limits of the roof and portions of the structure onto the ground.

Building Permit: A permit that may be required by appropriate authority as described herein, relating to the location, construction, alteration, demolition, or relocation of structures within the area of jurisdiction.

Building Site: The lot, lots, or parcel of land upon which a building or use of land has been located or is proposed to be located.

Building Supply Salvage Yard: An activity involving the on-site reclamation of used or recycled building materials offered for sale.

Cabin shall mean any building or structure used by a single family as temporary living or sleeping quarters.

Camping Trailer: See Recreation Vehicle.

Canal: A trench, the bottom of which is normally covered by water with the upper edges of its two sides normally above water.

Canopy: Canopy refers to the area shaded by the crown of mature trees, which is listed among the approved species.

Capital Budget: The portion of each local government's budget that reflects capital improvements scheduled for a fiscal year.

Capital Improvement: Physical assets constructed or purchased to provide, improve or replace a public Facility and which are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multi-year financing. For the purposes of this rule, physical assets that have been identified as existing or projected needs in the individual comprehensive plan elements shall be considered capital improvements.

Capital Improvement Program (CIP): A five-year listing of proposed capital improvement projects.

Carport: A roofed area open on one or more sides and is attached to or is within three feet of the principal building and designed or intended for storage of one or more motor vehicles, trailers, boats, or other moveable property.

Cemetery: A plot or parcel of land used or intended for use as a burial place in or above the ground for dead human bodies, whether or not markers or monuments are used.

Chemical Plant: A plant where substances are produced by chemicals.

Church: Building used only for nonprofit purposes by a recognized and legally established sect solely for purposes of religious worship and related activities.

Citrus Grove: Land established to raise citrus and other tree fruit, including but not limited to oranges and grapefruit, and all varieties thereof.

Citrus Harvesting: The act of picking, combining and loading for transport citrus fruit from a citrus grove.

Classic Car/Vehicle: A vehicle 20 years or older.

Clerk: Ex-Officio Clerk of the Board of County Commissioners of Hardee County, Florida; also, Clerk of the Court.

Club: Building, facilities and property owned and operated by a corporation or association of persons for social or recreation purposes, including those organized chiefly to promote friendship and welfare among its members, but not operated primarily for profit or to render a service which is customarily carried on as a business.

Cluster Development: Generally refers to a development pattern for residential, commercial, industrial, institutional, or combinations of such uses in which the uses are grouped or "clustered", rather than spread evenly throughout a parcel as a conventional lot-by-lot development. A zoning ordinance may authorize such development by permitting smaller lot sizes if a specified portion of the land is kept in permanent open space either through public dedication or through creation of a homeowners association.

Cocktail Lounge: Means and includes the terms "tavern", "pub", "sports bar," and similar terms, synonyms and uses in which alcoholic beverages are sold and/or consumed on the premises and in which no customer dancing, or paid entertainment other than music is permitted. Any establishment serving alcoholic beverages, and not meeting the criteria for a restaurant as defined in this Code, regardless of any State licenses that they may possess, shall be classified as a bar.

Collector Road: A roadway providing service that is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads collect and distribute traffic between local roads or Arterial roads.

Commercial, limited: Uses that include, but are not limited to, barber and beauty shops, chiropodists, shoe repair, book and record sales, laundry pickup and delivery, antique shops, camera and photographic supplies and sales, medical supply and pharmaceutical sales, decorators, tea rooms or tea houses not for sale of alcoholic beverages, social clubs, bakery shops, swimming services, custodial care centers for preschoolers or elderly persons, educational facilities public or private, florist shops, jewelers, television sales and service, and any similar use which is not prohibited by this ordinance but which, after a public hearing, may be determined to be similar by the Board of County Commissioners.

Commercial Motor Vehicle: Any vehicle which is not owned or operated by a governmental entity, which uses special fuel or motor fuel on the public highways, and which has a gross vehicle weight in excess of 26,000 pounds, or has three or more axles regardless of weight, or is used in combination when the weight of such combination exceeds 26,000 pounds gross vehicle weight. (Section 320.01 (26), F.S.)

Commercial Uses: Activities within land areas that are predominantly connected with the sale, rental and distribution of products, or performance of services.

Communication Tower: Mast, pole, or other structure exceeding 30 feet in height, on which are mounted one or more antennas, receivers, signal generator, or similar equipment, whose purpose is to receive television or radio signals directly from ground-based sources, or to transmit such signals directly to ground-based receivers.

Compatibility: the appropriate use of a site, as it relates to suitability. When considering the "compatibility of a land use", the land, the location and the amount of property should be suitable for the proposed zoning or land use designation change. The requested zoning or land use classification should be compatible with development on surrounding property, or can be made so with the imposition of conditions, buffers or limitations on the uses allowed.

Concurrency Management System: The procedures and/or process that the local government will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development.

Concurrrent with the Impacts of Development: Concurrent with the impacts of development shall be satisfied when: the necessary facilities and services are in place at the time a development permit is issued; or a development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or that the necessary facilities are under construction at the time a permit is issued; or that the necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of concurrency as defined. Mechanisms and processes for attaining concurrency adherence is further described in the Land Development Code.

Conditional Uses: Are those uses that have some special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. See Article 3, Section 3.09.00.

Cone of Influence: An area around one or more major water wells the boundary of which is determined by the government agency having specific statutory authority to make such a determination based on groundwater travel or drawdown depth.

Corner Lot: A lot in the junction of and fronting on two or more intersecting streets.

Conservation Easement: A right or interest in real property intended to maintain land or water areas predominantly in their natural, scenic, open, or wooded condition. Such areas may preserve habitat for fish, plants, or wildlife; the structural integrity or physical appearance of sites of historical, architectural, archaeological, or cultural significance; or existing land uses compatible with conservation of natural resources.

Conservation Use: Publicly owned wetlands, floodplains, and other areas in which limited development is permitted in order to preserve a natural resource. Water wellfields and associated facilities, docks and marinas, provided that all structures and parking areas are above the 100-year flood elevation.

Consumptive Use Permit: A permit issued by the Southwest Florida Water Management District which allows the production (or pumping) of groundwater up to a specified amount, usually expressed in gallons per day.

Convenience Store: A building and land used or intended for retail sale of grocery store items, but on a much smaller scale than a grocery store. No sales of motor fuels. For the definition of a convenience store with gas sales, see Gasoline Sales (No Service).

Convenience Store with Gas: See Gasoline Sales (No Service).

County: Hardee County, Florida.

County Engineer: The person so designated and appointed by the Board of County Commissioners or his/her designated representative.

County Road: Those roads contained in the County Road Inventory listing, as officially adopted by the Board of County Commissioners.

Dairy Farm: A farm where cows are raised for milk and milk production.

Datum: A reference surface used to ensure that all elevation records are properly related. The current national datum used herein is the North American Vertical Datum (NAVD), 1988.

Dairy Operations: The act of maintaining cows for milk and milk production.

Day Care Center: An establishment which receives for care and supervision four or more children for less than 24 hours per day unattended by parent or legal guardian, and shall include day nurseries, kindergartens, daycare services, nursery schools and play schools.

Demolition: The complete or constructive removal of any or part or whole of a building or structure upon any site when same will not be relocated intact to a new site.

Density: The average number of families or dwelling units per acre of land.

Density Bonus: An additional number of dwelling units above what would otherwise be permissible within a particular zoning classification or future land use classification.

Density, Gross: The overall number of units per acre in a development, including all supporting facilities.

Density, Net: Number of units per buildable acre of land, excluding supporting facilities such as subdivision road right-of-way, water and wastewater treatment plants, and property owned or used in common by the residents of a development (e.g., clubhouse or golf course).

DEO/OEO: The Florida Department of Economic Opportunity/Office of Economic Opportunity.

Developer: Any person undertaking the use of land, the construction, reconstruction, or demolition of structures or improvements thereon, or the preparation of land for use. A developer shall be the legal or beneficial property owner of the land involved, or the authorized agent thereof.

Development: Any man-made change to improved or unimproved real estates, including, but not limited to buildings or other structures, mining, dredging, filling, paving, excavating, drilling operations, or storage of materials or equipment, the dividing of land into three or more parcels.

The following activities or uses shall be taken to involve "development:"

A reconstruction, alteration of the size, or material change in the external appearance of a structure on land; a change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land; alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction"; commencement of mining, or excavation on a parcel of land; demolition of a structure; clearing of land as an adjunct of construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land.

The following operations or uses shall not be taken to involve "development":

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way; work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like; work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; the use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; the use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock, or for other agricultural purposes; a change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class; a change in the ownership or form of ownership of any parcel or structure; the creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

"Development" as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities are not development.

Development Capacity: An element of the concurrency management system, addressing the ability of public facilities to absorb development that has not been built, or that has not been completely built out, and that therefore has not impacted, or fully impacted, existing public facilities. The availability of public facilities to accommodate future development, in order to maintain an established level of service, will take into account this vested but currently unused or under-utilized capacity.

Development of Regional Impact (DRI): Any development that, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county.

Development Order: Any order granting, denying, or granting with conditions an application for a development permit.

Development Permit: Includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development.

Dilapidated Dwellings: From the Comprehensive Plan of Hardee County, Data and Analysis s. of the Housing Element, Page IV-11: A housing survey was undertaken in 1988 and housing units were classified by exterior condition and categorized as either A) sound, B) deteriorating, or dilapidated. A dilapidated dwelling is a structure that exhibits a number of structural or environmental defects suggesting a condition beyond corrective maintenance; included in this category are abandoned structures in a state of decay. A deteriorated dwelling is one that can still be repaired to meet the building code and is defined as: a structure that exhibits one or more obvious structural or environmental defects that can be repaired to meet the Florida Building Code; included in this category, for example, are structures with roof damage, rotting pillars, crumbling steps and porches.

Disabled Home: A Facility which houses disabled individuals over the age of 18 and provides a family living environment for the residents, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents and normally serving adult residents.

Disabled Individual: Is an individual having a permanent or temporary physical or mental impairment that substantially limits one or more of the major life activities of such individual, which are seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring of oneself, and working. An individual with epilepsy, paralysis, a substantial hearing or visual impairment, mental retardation, or learning disability would fall under the definition of disabled, but an individual with a minor, non-chronic condition of short duration, such as a sprain, infection, or broken limb, generally would not be considered disabled. Equal opportunity must be given to disabled individuals in employment, transportation, telecommunication, and places of public accommodations. (American Disabilities Act, 1990)

Division: The Division of Alcoholic Beverages and Tobacco of the State Department of Business Regulation.

D.O.T: The Florida Department of Transportation.

D.O.T. Specifications: Florida Department of Transportation Standard Specifications for Road and Bridge Construction, current edition.

Drainage Basin: The area defined by topographic boundaries that contributes stormwater to a drainage system, estuarine waters, or oceanic waters, including all areas artificially added to the basin.

Drainage facilities: A system of man-made structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures.

Dredging: Excavation by any means in any waterbody or wetland. Excavation or creation of a waterbody that is, or is to be connected to waters, directly or via excavated waterbodies or a series of excavated waterbodies.

Drinking Establishment: An establishment where on-premises consumption of alcoholic beverages, but not including hard liquor, is permitted.

Drive-in Restaurant: A business establishment where food or drink is served to patrons in automobiles, or which have take-out services or provide parking spaces, or outside tables for use by patrons.

Duplex: A building designed and intended for or occupied exclusively by two families living independently of each other.

Dwelling: A building or portion thereof, designed or used exclusively for residential occupancy but not including hotels, lodging houses, boarding houses, motels, non-residential manufactured (mobile) homes or residential care facilities.

Dwelling Unit: A room or rooms comprising the essential elements of a single housekeeping unit. facilities for preparation, storage, and keeping of food for consumption within the premises shall identify the unit as a dwelling unit.

Earth Removal: The removal or extraction of any stone, sand, gravel, loam, topsoil, or other earth or earth product from a lot or parcel of land, except where such removal is for the purpose of grading a lot upon which a building is to be erected, a roadway to be built, or a platting thereof to be made. This shall not include mining or the extraction of minerals whose activities are to be governed by other provisions of this Code.

Easement: A right given by the owner of land to another party for specific limited use of that land. For example, a property owner may give or sell an easement on his property to allow utility facilities like power lines or pipelines, or to allow access to another property. A property owner may also sell or dedicate to the government the development rights for all or part of a parcel, thereby keeping the land open for conservation, recreation, scenic or open space purposes.

Eaves: The extension or overhang of a roof, measured horizontally from the outer face of exterior walls or columns to the most distant point of the roof system.

Educational Uses: Activities and facilities of public or private primary or secondary schools, vocational and technical schools, and colleges and universities licensed by the Florida Department of Education, including the areas of buildings, campus open space, dormitories, recreation facilities or parking.

Elevated Building: A non-basement building built to have the lowest floor elevated above the ground level by means of foundation walls, pilings, columns (posts and piers), shear walls or breakaway walls.

Engineer: A civil engineer, registered and currently licensed to practice in the State of Florida, retained by the subdivider for the purpose of design and construction supervision.

Environmentally Sensitive Land: Wetlands, floodplains or critical habitat for plant or animal species listed by the Florida Department of Agriculture and Consumer Services (FDACS), the Florida Game and Fresh Water Fish Commission (FGFWFC), or the United States Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern. A Critical Habitat means the specific area within a geographic area occupied by plant or animal species listed by FDACS, FGFWFC or USFWS as endangered, threatened, or species of special concern on which are found those physical or biological features essential to the conservation of the species and which may require management considerations or protection.

Established Business: Any restaurant or food service business in which customers are seated, served food and beverage, and which otherwise would qualify for the issuance of a beer license, wine license and/or liquor license pursuant to state statute, that is in existence at the effective date of this ordinance.

Existing Construction: For the purposes of floodplain management, structures for which "the start of construction" commenced before the data of the initial Flood Insurance Rate Map (FIRM). Existing construction, means for the purposes of determining rate structures for which the "start of construction" commenced before May 4, 1988. This term may also be referred to as "existing structures."

Exotic Animals: Any wild animal not customarily confined or cultivated by humans for domestic or commercial purposes.

FAA: Florida Aviation Administration.

F.A.C.: Florida Administrative Code.

Factory-built Housing: Shall mean any residential building, or building component or building system therefor, which is of closed construction and which is made or assembled in manufacturing facilities for installation, or assembly and installation, on the building site. factory-built housing may also mean any residential building, or building component or building system therefor of open construction made or assembled in manufacturing facilities for installation or assembly and installation on the building site.

Family: An individual, or two or more persons related by blood, marriage, or adoption, living together as a single household unit.

Family Circumstance/Medical Condition: The grounds upon which a Temporary Special Use Permit may be applied for and granted only in a residential district.

Farmworker: A person(s) employed to perform citrus harvesting, dairy operations, ranch operations and/or truck farm operations whether seasonally or year round.

Farmworker Housing: The living accommodations of farm employees and their families, on one lot or parcel without regard to duration, which occurs exclusively in association with the performance of agricultural labor.

Farmworker Housing, Group Quarters: Housing for person(s) working on citrus groves truck farms or ranches/dairies wherein housing is provided by farm/ranch/dairy operation at no charge to the farmworker in a dormitory style.

Farmworker Housing, Migrant: Housing available to farmworkers for rent/monetary consideration.

Farmworker Housing, Resident: One- and two-family dwellings on farms/dairies/ranches made available to farmworkers at no charge to the farmworker.

FCC: Federal Communication Commission.

FDER: Florida Department of Environmental Regulations, now known as Florida Department of Environmental Protection.

FDEP: Florida Department of Environmental Protection.

Feedlot: A type of animal feeding operation which is used in intensive animal farming for finishing livestock, notably beef cattle, but also swine, goats, sheep, turkeys, chickens or ducks prior to slaughter.

FEMA: Federal Emergency Management Agency.

Filling Station: See Gasoline Sales (No Service).

Flood or Flooding: Means:

(a)

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.

(3)

Mudslides (i.e.), mudflows) which are proximately caused by flooding as defined in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

Flood Boundary and Floodway Map (FBFM): The official map of the community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as only Approximate Zone A.

Flood Insurance Rate Map (FIRM): 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: 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.

Flood Protection Elevation: The elevation of the base flood plus one foot.

Floodplains (100-Year Floodplain): Areas inundated during a 100-year flood event or identified by the National Flood Insurance Program as an A Zone or V Zone on Flood Insurance Rate Maps or Flood Hazard Boundary Maps.

Floodproofing: Any combination of structural and non-structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, structures and their contents.

Floodway: The channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment in order that the 100-year flood may be carried without substantial increases in flood heights.

Floodway Fringe: that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted without additional hydraulic and/or hydrologic analysis.

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

Floor Area: The sum of gross horizontal area of the several stories of the building measured from the exterior faces of the exterior walls or from the centerline of party walls. Included shall be any basement floor, interior, balconies and mezzanines, elevator shafts and stairwells. The minimum floor area calculation for mobile homes or manufactured housing units shall be measured from exterior walls excluding any tongue, roof overhang or additions.

Foster Care Facility: A Facility which houses foster residents and provides a family living environment for the residents, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents and serving either children or adult foster residents.

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

Frontage: Street frontage shall mean all of the property abutting one side of a street right-of-way between two intersecting streets measured along the adjacent street right-of-way line in all directions. Lot frontage shall mean the width of a lot or parcel of land measured along the adjacent street right-of-way line between opposite property lines.

Frontage Road: A road designed to parallel a major roadway, thereby allowing the major roadway to function as a limited-access Facility while providing access to lands adjacent to the roadway. (Sometimes designated as a "service road.")

F.S.: Florida Statutes.

Garage, Commercial: A building or premises used for the storage, repair, rental, sale and/or servicing of motor vehicles and/or for the retail sale of fuel for such vehicles.

Garage, Private: A building, attached or detached to or from the principal structure, intended for the storage of automobiles or other wheeled property belonging primarily to occupants of the premises.

Garage Apartment: An accessory building which is or is intended to be detached from the principal building and which contains one or more dwelling units, whether or not vehicular storage is or was intended.

Garden Home: See Single-Family Attached Dwelling Unit.

Gasoline Sales (No Service)/Gas Station/Filling Station/Convenience Store with Gas: A building and land used or intended for use to dispense, sell, or offer for sale any motor fuels, oils, or automotive accessories, and retail sale of grocery store items; but where no major automotive repair, body rebuilding, welding, tire capping, or painting is or is intended to be performed.

Gas Station: See Gasoline Sales (No Service).

Golf Course: Public or private golf course and par 3 courses including clubhouse, parking lots and maintenance facilities.

Grade: The inclination, to the horizontal, of any line which is generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance.

Group Home: A Facility that provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents. Adult Living facilities comparable in size to group homes are included in this definition. It shall not include rooming or boarding homes, clubs, fraternities, sororities, monasteries or convents, hotels, residential treatment facilities, nursing homes, or emergency shelters.

Growth Management Act: Chapter 163, Part II, F.S., known and cited as the "Local Government Comprehensive Planning and Land Development Regulation Act."

Guesthouse: An accessory building which is detached from the principal building and which contains one dwelling unit; which is not for rental but for short term visitors; which is not for permanent occupation; and, which may not be used for farmworker housing.

Habitual: Doing, practicing, or acting in some manner on a regular basis.

Halfway House: Any dwelling used as a home for juvenile offenders; for residential care or rehabilitation of adult offenders in lieu of institutional sentencing; for residential care and treatment of persons leaving correctional and mental institutions; as a shelter for teenage runaways; or as a residential treatment center for alcohol and drug users.

Hardship: Conditions peculiar to a property and not the result of the actions of the applicant, previous owners, or physical circumstances.

Hazardous Material: A hazardous chemical, toxic chemical, or extremely hazardous substance, as defined in s. 329 of Title III, Superfund Amendments and Reauthorization Act of 1986 (42 USC s. 11001, et seq.). (Section 252.82 F.S.)

Hazardous Waste: Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed.

Heavy Industry: The processing, fabricating, preparing, extracting, assembling, packaging, cleaning, servicing, testing, repairing, storage or warehousing of raw materials, products or equipment in a manner which may involve significant air, water, noise, radiation or other adverse or hazardous impacts on surrounding properties. This term shall be deemed to include among other things, all developments of regional impact as that term is defined in s. 380.06(1), F.S., fertilizer products processing plants, petroleum or asphalt refining, chemical processing of wood materials and other similar and potentially noxious activities as determined by the Hardee County Board of County Commissioners. This term shall not include any mining activity nor hospitals, health-related facilities, and residential developments.

High Recharge Area: Geographic areas designated by a Florida Water Management District where, generally, water enters the aquifer system at a rate of greater than 10 inches per year.

Highest Adjacent Grade: The highest natural elevation of the ground surface, next to the proposed walls of a building.

Historic Resources: Historically significant structures or archeological sites.

Historic Site: A single lot or portion of a lot containing an improvement, landscape feature, or archaeological site, or a historically related complex of improvements, landscape features or archaeological sites that may yield information on history or prehistory.

Historically Significant Structures: Structures listed on the National Register of Historic Places, the Florida Master Site File, or otherwise designated, by official action, as historic, and worthy of recognition or protection.

Home Occupation: An accessory use in a residential area consisting of an occupation carried on entirely within a dwelling; where no evidence of the home occupation is noticeable from off of the premises except a sign as regulated in the sign ordinance located in Article 4; where no pedestrian or vehicular traffic in excess of that customary in residential areas is generated; and where no commercial vehicles are kept on the premises or parked overnight on the premises unless otherwise permitted by these regulations. Usual home occupations include, but are not limited to, personal services such as are furnished by a musician, artist, beauty operator, seamstress, notary public, home party makeup sales such as Avon and Mary Kay, home party clothing sales, home party appliance sales such as Tupperware, home party cleaning product and catalog sales such as Amway, insurance work and computer work.

Hospice: An autonomous, centrally administered, nonprofit, as defined in Chapter 617, F.S. medically directed, nurse-coordinated program providing a continuum of home, outpatient, and homelike inpatient care for the terminally ill patient and his family. It employs an interdisciplinary team to assist in providing supportive care to meet the special needs arising out of the physical, emotional, spiritual, social, and economic stresses that are experienced during the final stages of illness and during dying and bereavement. This care is normally available 24 hours a day, seven days a week, and is provided on the basis of need regardless of inability to pay. (Section 400.601, F.S.)

Hotel: A building or other structure used and maintained as primarily a place where sleeping and supplemental accommodations are supplied transient guests. Serving of alcoholic beverages is allowed where serving of such is an accessory use.

Hurricane Shelter: A structure designated by local officials as a place of safe refuge during a storm or hurricane.

Impervious Surface: Impervious surfaces shall include all land paved with concrete or asphalt that is used for off-street parking, driveways, sidewalks, patios, and service areas.

Incinerator, Accessory: Solid waste disposal Facility, accessory to a permitted principal use or activity, authorized only to burn materials generated at the location of the permitted use or activity. Facility must meet all applicable State and Federal air quality emissions standards.

Incinerator, Commercial: Solid waste disposal Facility authorized to burn non-hazardous materials generated on and transported from properties other than the location of the incinerator Facility. Disposal activities are carried out on a large scale or for-profit basis. The burning of bio-hazardous waste and the disposal of radioactive material is not permitted. Facility must meet all applicable State and Federal air quality emissions standards.

Indoor Gun Range: An indoor (enclosed by walls and ceiling) target range for firearms practice or competition, which includes one or more firing lanes. The use may also include retail sales and gunsmithing services.

Industrial Uses: The activities within land areas predominantly connected with manufacturing, assembly, processing, or storage of products.

Inoperable Vehicle: A motor vehicle which does not have a current state license plate; or a vehicle which is licensed but is disassembled or wrecked in part or in whole and is unable to move under its own power.

Junkyard: Included, but not limited to, wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or closed storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations. Storage of more than three inoperable vehicles constitutes a junkyard.

[Note: An individual who is restoring, not for profit, a classic or antique vehicle, may have three inoperable vehicles, so long as they are of the same make and model of the vehicle being restored.]

Kennel: A Facility for the overnight boarding of animals, where outside runs or pens are provided.

Land Development Regulations: Includes local zoning, subdivision, building, and other regulations controlling the development of land.

Land Excavation: The removal of sand, dirt or any other earthen material from one location to be used or sold for fill in another off-site location, resulting in an excavation pit which may also be known as a "borrow pit."

Land Surveyor: A person registered and currently licensed to practice land surveying in the State of Florida.

Level of Service (LOS): An indicator of the extent or degree of service provided by, or proposed to be provided by a Facility based on and related to the operational characteristics of the Facility. Level of Service shall indicate the capacity per unit of demand for each public facility.

Living Area: All of the area measured within the outside foundation walls of the principal structure, including such areas as utility rooms, pantries and storage closets; excluding such areas as attic storage, garages, carports, breezeways, patios and porches (screened, roofed or otherwise).

Loading Space: A space on the lot or parcel of land accessible to an alley or street not less than 12 feet in width, 55 feet in depth and 14 feet in height.

Local Road: A roadway providing service which is of relatively low traffic volume, short average trip length or minimal through traffic movements, and high volume land access for abutting property.

LOS: Level of Service, as it pertains to the Hardee County Comprehensive Plan for Levels of Service for potable water, sanitary sewer, roads and recreation.

Lot: A parcel of land under one property ownership occupied by or to be occupied by one principal building and its accessory buildings and including the open spaces and yards required under this Code.

Lot, Corner: Lot adjoining two intersecting streets. The applicable front setback requirement shall apply to both street frontages of a corner lot. If the two streets form an angle of more than 135 degrees, as measured at the point of intersection of their center lines, the lot shall not be considered a corner lot.

Lot Depth: Distance between the midpoints of the front and rear lot lines. On irregular lots for which there is no clear rear lot line, depth shall be measured as follows:

(01)

At a distance equal to 125% of the normal lot depth requirement for the applicable land use classification, draw a line parallel to the front setback line.

(02)

The length of this line, as measured from property boundaries on each end, must be at least 50% of the normal lot width requirement for the applicable land use classification.

Lot, Interior: Any lot that is not a corner lot.

Lot Line, Front: In cases where the lot fronts on only one street, the lot line adjacent to the street. For corner lots, the side meeting minimum width requirements; if width requirements are met on both frontages, the front lot line shall be the frontage which is most nearly perpendicular to the line along which the lot depth requirement is met.

For through lots and corner lots meeting width and depth requirements on both frontages, the property owner may choose one as the front lot line for the purpose of placement of accessory structures.

Lot Line, Side: All lot lines that are not rear or front lot lines.

Lot Line, Rear: Lot line opposite and most distant from the front lot line. For purposes of measuring depth of irregular lots, see definition of Lot Depth.

Lot of Record: A lot that is duly recorded in the public records of Hardee County.

Lot, Through: Lot, other than a corner lot, having two road frontages. Through lots shall not be required to meet the applicable lot width requirement on both frontages. The owner of such a lot may choose the narrower end of the lot as the front for purposes of accessory structures.

Lot Width: The distance between side lot lines measured at the front setback line. In cases where side lot lines are not parallel because the lot fronts on a curved right-of-way, minimum width at road frontage shall be as follows:

(01)

Curved right-of-way: 75% of width requirement established by the applicable zoning district.

(02)

Subdivision cul-de-sac: 67% of width requirement established by the applicable zoning district.

Width at road frontage shall be measured along a straight line connecting the foremost points of side lot lines.

Lounge: Any establishment where the on premises consumption of alcoholic beverages, but not including hard liquor, is permitted.

Lowest Adjacent Grade: The lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately nest to the structure.

Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the nonelevation design standards of this Code.

Mangrove Stand: An assemblage of mangrove trees which are mostly low trees noted for copious development of interlacing adventurous roots above ground and which contain one or more of the following species: Black mangrove (Avicennia Nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta).

Manufactured Home or Building: Any structure, or portion of a structure, including electrical, plumbing, heating, or ventilating systems, which was built in a manufacturing facility for installation or erection as a finished building or as part of a finished building. Manufactured buildings must be constructed to meet the requirements of the Standard Building Code, must be certified by the DEO/OEO, and any other design standards the County may adopt which apply to conventional construction. Manufactured buildings may include residential, commercial, institutional, storage, and industrial structures. For purposes of this Code, manufactured buildings shall not include mobile homes.

Manufacturing: Assembly or fabrication of parts which are free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare that may be detectable to the normal senses from outside the building. Such uses shall operate entirely within enclosed structures, and the premises shall not contain any outdoor or open storage or aboveground tank storage of merchandise, products or materials or any outdoor or open storage of equipment, materials or other items utilized by such establishments except for automobiles and delivery or service trucks. Such uses shall not involve electrical interferences to television, radio or communication systems off the premises.

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

Master Development Plan (MDP). A development plan for the PUD detailing all land uses, lot layouts, street locations and specification, recreation areas, non-residential areas, etc., to enable a thorough review of the proposed PUD.

Mean Sea Level: 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 code, the term is synonymous with North American Vertical Datum (NAVD) of 1988.

Minerals: All solid minerals, including clay, gravel, phosphate rock, lime, shells (excluding live shellfish), stone, sand, heavy minerals, and any rare earths, which are contained in the soils or waters of the state.

Mining: The act of taking mineral substances from a pit or excavation in the earth.

Mini-Warehouse: A self-service Facility consisting of individual self-contained units used for storage and no other purpose, plus an office/residence for a manager.

Mitigation: Any action, including but not limited to, restoration, enhancement, or creation of wetlands, required to be taken in order to ofF.S.et environmental impacts on permitted activities.

Mobile Home: A pre-constructed dwelling unit, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, and which is built on a metal frame and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. If manufactured after June 15, 1976, each section must bear a U.S. Department of Housing and Urban Development label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards. Mobile homes shall be used for single-family residential purposes only and shall be licensed pursuant to Chapter 320, F.S.. In the event a mobile home becomes ineligible for a title certificate under Chapter 319, F.S., it shall no longer be considered a mobile home.

Mobile Home Park: A lot or parcel under single ownership or control designed and developed with necessary sanitary and utility facilities as required by Hardee County ordinances and state regulatory agencies for the purpose of providing spaces for three or more mobile homes intended to be used as temporary or permanent living facilities.

Motel: A building or groups of buildings, whether detached or in connected units, used as sleeping accommodations designed primarily for transient automobile travelers. The term "motel" includes buildings designated as auto courts, tourist courts, motor lodges, motor hotels and similar appellations.

Motor Home: See Recreation Vehicle.

Multiple Family Dwelling: Shall mean a structure designed or used for residential occupancy by more than two families, with or without common or separate kitchen or dining facilities, including apartment houses, apartment hotels, rooming houses, boarding houses, fraternities, sororities, dormitories, row houses, townhouses and similar housing types, but not including hotels, hospitals or nursing homes.

National Geodetic Vertical Datum (NGVD): A vertical control used as a reference for establishing varying elevations within the floodplain.

National Register of Historic Places: Established by Congress in 1935, the National Register of Historic Places is a listing of culturally significant buildings, structures, objects, sites, and districts in the United States. The listing is maintained by the U.S. Department of Interior.

Natural Drainage Features: The naturally occurring features of an area that accommodate the flow of stormwater, such as streams, rivers, lakes and wetlands.

Natural Reservations: Areas designated for conservation purposes, and operated by contractual agreement with or managed by a Federal, State, Regional or local government or nonprofit agency such as: national parks, state parks, lands purchased under the Save Our Coast, Conservation and Recreation Lands or Save Our Rivers programs, sanctuaries, preserves, monuments, archaeological sites, historic sites, wildlife management areas, national seashores, and Outstanding Florida Waters.

Natural Resources: Land, air, surface water, ground water, drinking water supplies, fish and their habitats, wildlife and their habitats, biota, and other such resources.

New Construction: Buildings for which the "start of construction" commenced on or after the effective date of this Code. For floodplain management purposes, any structure for which the "start of construction" commenced on or after May 4, 1988. The term also includes any subsequent improvements to such structures.

Nightclub: Means a commercial establishment dispensing alcoholic beverages for consumption on the premises and in which customer dancing may be permitted, and/or provides floor shows, paid entertainment or disc jockeys.

Nonconforming Use: Any building or land lawfully occupied by a use at the effective date of this Code or amendment thereto, which does not conform after the passage of this Code or amendment with the use requirement of the district in which it is situated.

Nonpoint Source Pollution: Any source of water pollution that is not a point source.

Noxious Material: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical, mental or economic well-being of individuals.

Nursing Home: Any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A Facility offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment that regularly provides such services.

Open Space: Undeveloped lands suitable for passive recreation or conservation uses.

Overland Flow Area: A system designed to spray very clean water (effluent) from sewage treatment plants over vacant fields in sheets. The water percolates slowly into the ground and is purified before reaching the aquifer.

Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

Park: A pleasure-ground set apart for recreation of the public to promote health and enjoyment.

Parking Lot: An area or plot of ground used for the storage or parking of motor vehicles either for compensation or to provide an accessory service to a business.

Parking Space: An area enclosed in the main building or in an accessory building, or unenclosed having an area of not less than 200 s.f., exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.

Park Model Recreation Vehicle (Park Trailer): A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 s.f. when constructed to U.S. Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions.

Person: Any individual, group of individuals, firm, corporation, association, organization, or any legal entity.

Planned Unit Development (PUD)/Planned Development Project (PDP): A form of development usually characterized by a unified site design for a number of housing units, clustering buildings, and providing common open space, density increases, and a mix of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis. It also refers to a process, mainly revolving around site plan review, in which public officials have considerable involvement in determining the nature of the development. It includes aspects of both subdivision and zoning regulation and usually is administered either through a special permit or a rezoning process.

Plat: A map or drawing depicting the division of land into lots, blocks parcels, tracts, sited, or other divisions set forth in Chapter 177, F.S..

Playground: A recreation area with play apparatus.

Point Source Pollution: Any source of water pollution that constitutes a discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Pollutant: Any substance, contaminant, noise, or man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Pollution: The presence in the outdoor atmosphere, ground or water of any substances, contaminants, noise, or man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water, in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property.

Porch, Enclosed and Open: An enclosed porch is a roofed space attached to the outside of the outer wall of the building, one on one or more sides, which has railings or screened enclosures. An open or unenclosed porch is a roofed space attached to an outer wall of a building open on one or more sides without railing, glass, canvas, screen or similar materials on the open sides.

Potable Water: Water suitable for human consumption and which meets water quality standards determined by the Department of Health and Rehabilitative Services, provided through a public system or by a private well.

Potable Water facilities: A system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains.

Potable Water Wellfield Protection Zone: In accordance with Policy 3.2 of the Conservation Element of the Hardee County Comprehensive Plan, the protection zone is defined as the area within a 400-foot radius of the location of the wellhead. Within a 200-foot radius of the wellhead is a zone of exclusion, in which no new land uses may be established.

Poultry Farm: A parcel of land used to raise more than 50 adult birds for commercial sale or distribution, primarily for meat and eggs but also for feathers.

Prime Aquifer Recharge Areas: Geographic areas of recharge to the aquifer system, to be designated by the appropriate Southwest Florida Water Management District, as critical for the continuation of potable ground water supplies.

Private School: A school that is not a public school and which is held, used or controlled exclusively by a private organization association or other private entity and is operated on a profit-making basis or collects fees or dues in payment for use of such school.

Professional Offices: Those uses that include, but are not limited to, dental, medical, photography, legal, architecture, real estate, insurance, accounting, finance, trade organizations, cooperatives, travel agency, government; where the principal use is that of providing such service but not primarily of a retail point of delivery.

Program Deficiency: A defect in the County's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards required by the National Flood Insurance Program.

Property Owner: Any owner of fee title to the land in question. Also, see Developer.

Public Buildings and Grounds: Structures or lands that are owned, leased, or operated by a government entity, such as civic and community centers, hospitals, libraries, police stations, fire stations, and government administration buildings.

Public facilities: Transportation systems or facilities, sewer systems or facilities, solid waste systems or facilities, drainage systems or facilities, potable water systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public health systems or facilities. Individual private potable water wells or septic systems are not public facilities.

Public Hurricane Shelter: A structure designated by local emergency management officials and the American Red Cross as a shelter during a hurricane.

Public (Supply) Sanitary Sewer facilities: Sanitary sewer facilities that serve at least 15 service connections, or regularly serve at least 25 residents. Generally, a multi-user septic tank is not a public sanitary sewer Facility.

Public Safety and Nuisance: Anything which is injurious to safety and health of the entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Public School: A school giving regular instructions, with a recognized general curriculum on an elementary, secondary, or higher academic level at least five days a week, except holidays, for a normal school year of not less than seven months, which school is held, used or controlled exclusively for public purposes by a department or branch of government without reference to the ownership of the building or structure or the realty upon which it is situated. This term shall not be deemed to include day care centers unless such centers are conducted as part of the school of general education, but shall include vocational schools or other special education facilities if such facilities are held, used or controlled exclusively for public purposes as described above.

Public Shelter Space: An area within a public hurricane shelter that can accommodate a temporary refugee during a storm or hurricane. Generally, public shelter space is measured as a minimum of 20 square feet per person.

Public Supply Potable Water Wellfield: A potable water wellfield that serves a public supply water system.

Public Supply Water System: A potable water Facility that serves at least 15 service connections, or regularly serves at least 25 residents.

Radioactive Waste: As defined by the Nuclear Regulatory Commission.

Ranch: A farm or pastureland consisting of a large tract of land along with facilities needed to raise livestock (especially cattle).

Ranch Operations: The act of maintaining livestock, ranch lands and infrastructure.

Recharge Areas: Geographic areas where the aquifer system is replenished through rainfall. Areas of high aquifer recharge are important for the continuation of potable ground water supplies.

Reclamation: The alteration and/or restoration of land, after a mining activity, establishing land suitable for agriculture, development, recreation, lakes, wetlands, or other natural environments.

Reclamation Plan: Plan for the rehabilitation, per Chapter 378, F.S., of land from which a mineral resource has been extracted.

Recreation: The pursuit of leisure time activities occurring in an indoor or outdoor setting.

Recreation Facility: A component of a recreation site used such as a trail, tennis court, basketball court, athletic field, golf course or swimming pool.

Recreation Uses, Indoor: Indoor recreation uses include areas for recreation activities including, but not limited to, aquariums, day or youth camps, community or recreation centers, gymnasiums, libraries or museums, indoor skating rinks, indoor swimming pools, indoor tennis, racquetball, handball courts, and all other institutional, indoor recreation.

Recreation Uses, Indoor Commercial: This category consists of uses that share land use characteristics such as traffic-generation rates and bulk (buildings) requirements. These uses include but are not limited to, bowling alleys, dance studios, schools for martial arts, physical fitness centers, private clubs or lodges, movie theatre, theatres and auditoriums, and indoor skating rinks.

Recreation Uses, Outdoor: Outdoor recreation uses include areas for recreation activities including, but not limited to, arboretums, basketball courts, boat launching ramps, areas for cycling, docks, fish camps, hiking, and jogging, outdoor nature areas, parks (public or private), picnic areas, piers, playfields, playgrounds, outdoor swimming pools and springs, tennis courts, totlots, wildlife sanctuaries, and all other outdoor recreation uses. Specifically excluded are outdoor movie theaters, firing ranges, miniature golf courses, golf driving ranges, and marinas.

Recreation Uses, Outdoor Commercial: This group includes recreation uses that are greater nuisances than conventional outdoor recreation activities because of their size and scale, traffic volumes, noise, lights, or physical hazards such as flying objects or use of weapons. These uses include, but are not limited to, amusement parks, drive-in theaters, fairgrounds, commercial stables, golf driving ranges (including miniature golf), marinas, outdoor theaters (or amphitheaters), race tracks (e.g., auto, dog, go-kart, harness, horse, motorcycle), ranges (skeet, rifle, or archery), sport arenas, and all other outdoor commercial recreation uses.

Recreation Vehicle Campgrounds: A development designed specifically to accommodate recreation vehicles for overnight or limited vacation-season stays.

Recreation Vehicle (RV): A unit primarily designed as temporary living quarters for recreation, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities of recreation vehicles are: travel trailer, fifth-wheel travel trailer, camping trailer, truck camper, motor home, private motor coach, van conversion, and park model RV/park trailer.

Recreation Vehicle Parks: A development designed specifically to accommodate recreation vehicles in which recreation vehicles and/or "park model" units may be sited; occupancy is typically seasonal.

Recreation Vehicle Unit: Those units primarily designed as temporary living quarters for recreation, camping or travel use, that either have their own mode of power or are mounted on or drawn by another vehicle. They are:

(01)

"Travel trailer": A vehicular portable unit mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreation, camping, or travel use. It is of a body width, not more than eight feet and a body length of no more than 35 feet when factory equipped;

(02)

"Camping trailer": A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreation, camping or travel use;

(03)

"Truck camper": A portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters, for recreation, camping, or travel use;

(04)

"Motor home": A vehicular unit built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreation, camping or travel use; and

(05)

"Park Model RV": See Park Model RV (Park Trailer).

Redevelopment: Undertakings, activities, or projects of a county, municipality, or community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment in a community redevelopment area or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community redevelopment plan and may include the preparation of such a plan.

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

Remedy a Deficiency or Violation: To bring the regulation, procedure, structure or other development into compliance with State of Florida, Federal or county floodplain management regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways the impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this code or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

Residence: A single-family dwelling or dwelling unit in a multiple family dwelling, which contains sleeping, bathroom, food refrigeration, cooking and dining facilities.

Residential Uses: Activities within land areas used predominantly for housing.

Restaurant: Any establishment where food is served or prepared or both, for public consumption on or off the premises.

Resource: Soil, clay, peat, stone, gravel, sand, metallic ore, or any other solid substance, except phosphate, limestone, heavy minerals, and fuller's earth, of commercial value found in natural deposits on or in the earth.

Resource Recovery: The process of recovering materials or energy from solid waste, excluding those materials or solid waste under control of the Nuclear Regulatory Commission.

Retail Sales: Any legal use of land or building that offers goods or services for retail sale or rental to the public or any sector of the public. Such uses shall include new and used cars, truck, tractor, or farm equipment display for any retail sale; mobile home display and sale, outdoor advertising structures and devices which meet setback requirements; small bakeries where not more than four persons are employed and the products produced are primarily sold on the premises; food and drink establishments for both conventional and drive-in or delivery sales and services; repair of any goods or machinery and; any combination of permitted uses.

Rezoning: The act of, or request for, changing or redesignation of the zoning of a particular lot, parcel or tract of land.

Right-of-Way: Land in which the State, a County, or a Municipality owns the fee simple title or has an easement dedicated or required and is intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for similar special use.

Riverine: Relating to, formed by or resembling a river (including tributaries), streams, brook, etc.

Road: A general term used to describe a Facility that provides for vehicular movement. Roads are classified, by function, as follows:

(01)

Arterials: Arterial roads and highways are intended to serve moderate to large traffic volumes traveling relatively long distances. Requirements for speed and level of service are usually quite high. Access to Arterial roads should be well controlled and, in general, limited to Collector roads and Highways. Arterial roads are used to surround neighborhoods and connect widely separated rural and suburban communities. The Arterial system should form a continuous network designed for a free flow of through traffic;

(02)

Collectors: Collector roads are intended to serve as the connecting link for local roads and Highways and to provide intra-neighborhood transportation. The traffic characteristics generally consist of relatively short trip lengths and moderate speeds and volumes. Access to Collector roads should be restricted to local roads and highways and major traffic generators. Collectors should penetrate neighborhoods without forming a continuous network, thus discouraging through traffic which is better served by Arterials; and

(03)

Locals: The primary function of a local road is to serve the adjacent property by providing the initial access to the Highway network. These facilities are characterized by short trip lengths, low speeds, and small traffic volumes. The design of the network should be directed toward eliminating through traffic from these facilities.

Roadway: The portion of the right-of-way that contains the road pavement, curb and gutter and shoulders.

Roadway Functional Classification: The assignment of roads into categories according to the character of service they provide in relation to the total road network. Basic functional categories include limited access facilities, Arterial roads, and Collector roads, which may be subcategorized into principal, major or minor levels. Those levels may be further grouped into urban and rural categories.

Rooming House: A residential building used, or intended to be used, as a place where sleeping or housekeeping accommodations are furnished or provided for pay to transient or permanent guests or tenants in which less than 10 and more than three rooms are used for the accommodation of such guests or tenants, but which does not maintain a public dining room or cafe in the same building, nor in any building connected therewith.

Rowhouse: See Single-Family Attached Dwelling Unit.

Sales/Repair of Heavy Equipment: Establishment primarily engaged in the retail sale, leasing and service of new or used heavy machinery or equipment. Heavy machinery or equipment includes, but is not limited to, earth movers, cranes and similar-size vehicles, machinery and equipment.

Sanitary Landfill: a) "Class I solid waste disposal area" means a disposal Facility which receives an average of 20 tons or more per day, if scales are available, or 50 cubic yards or more per day of solid waste, as measured in place after covering, and which receives an initial cover daily; b) "Class II solid waste disposal area" means a disposal Facility which receives an average of less than 50 cubic yards per day of solid waste, as measured in place after covering, and which receives an initial cover at least once every four days.

Sanitary Sewer facilities: Structures or systems designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants and disposal systems.

School: A place for systematic instruction in any recognized branch or branches of knowledge.

Seasonal Population: Part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population shall include tourists, migrant farmworkers, and other short-term and long-term visitors.

Semitrailer: Any vehicle without motive power designed to be coupled or drawn by a motor vehicle and constructed so that some part of its weight and that if its load rests upon or is carried by another vehicle. (F.S. 320.01 (5))

Septage: A mixture of sludge, fatty materials, human feces, and wastewater removed during the pumping of an on-site sewage treatment and disposal system. This includes food service sludge(s), chemical/portable toilet sludge(s) or holding tank sludge(s) from domestic wastes. This does not include industrial sludges, water treatment sludges, air treatment sludges or domestic wastewater treatment residuals. (Pursuant to Hardee County Ordinance No. 1998-04).

Septage, Agricultural Disposal: The disposal of septage through the land application of properly treated septage through an approved septage stabilization process by State of Florida, Department of Health, and permitted under F.A.C. Chapter 10D-6.

Septage, Treatment Facility: A Facility for the treatment of septage by an approved septage stabilization process, including lime stabilization. The Facility must be approved by the State of Florida, Department of Health. (Pursuant to Hardee County Ordinance No. 1998-04)

Septic Tank: A watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system. (Chapter 10D-6 F.A.C.)

Service Garage: See Automotive Repair, Major.

Service Station: Includes activities listed under "Gasoline Sales (No Service)", plus: activities conducted at a service garage including the sale of any motor fuels, oils, or automotive accessories and maintenance or small-scale mechanical work on motor vehicles. This shall include inspection, maintenance, repair or replacement of the following: brake systems; ignition and electrical systems; carburetors and fuel systems; batteries; oil, antifreeze and other fluids; and, tires. Also included are auto washing and detailing, and the tuning and adjustment, but not disassembly or removal, of engines and transmissions.

Setback: The distance between a street right-of-way line and the front building line of a principal building or structure, projected to the side lines of the lot, and including drive-ways and parking areas except where otherwise restricted by this Code.

Sewage Disposal Facility: Facility or property used in conjunction with a wastewater treatment plant for the disposal and/or purification of treated sewage effluent including, but not limited to, spraying, overland flow and artificial wetlands, including a private package treatment plant.

Shallow Flooding: The same as area of shallow flooding.

Shopping Center: A group of not less than five contiguous retail stores, originally planned and developed as a single unit, having a total ground floor building area of not less than 20,000 square feet, with immediate adjoining off-street parking facilities for not less than 100 automobiles.

Side Street Setback: On a corner lot, the required setback distance for principal and accessory structures from the street frontage not deemed to be the front lot line. Regardless of the standard side setback requirement of the applicable zoning district, the side street setback shall be equal to the front setback requirement of the adjacent interior lot.

Side Yard: An open unoccupied space within the lot between a side lot line and the parts of the building, structure, or outbuilding nearest thereto; such side yard shall extend on both sides of the lot through from the street line to rear line of said lot.

Sign: Any advertisement, announcement, direction, or communication produced in whole or in part by the construction, erection, affixing, or placing of a structure or any land or any other structure, or produced by painting or posting, or placing any printed, lettered, pictured, figured, or color material in any building, structure, or surface. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest shall not be included herein, nor shall this include signs that are a part of the architectural design of a building.

Single-Family Attached Dwelling Unit: Residential dwelling unit designed and constructed to meet Florida Building Code requirements for single-family attached structures, sharing a common side wall with at least one other unit, and having a designated yard and entrance that are not shared with other units. Such units shall be built only on property that is platted according to applicable subdivision regulations provided in s. 7.06.00. This definition includes cluster development, garden homes, townhomes, rowhouses, zero lot line homes and z-lot development.

Site: The location of a significant event, activity, building, structure, or archaeological resource.

Site Development Plan: A plan, drawn to scale by a licensed professional engineer, showing uses, structures and all other physical features proposed for a development site. It includes lot lines, streets, building sites, parking spaces, walkways, reserved open spaces, easements, buildings, and major natural and man-made landscape features, and other pertinent information, per s. 7.05.00 of this Code.

Site Plan Review: The process whereby local officials review the site plans and maps of a developer to assure that they meet the stated purposes and standards of land development regulations, provide for the necessary public facilities, and protect and preserve topographical features and adjacent properties through appropriate siting of structures and landscaping.

Solid Waste: Sludge from a waste treatment works, water supply treatment plant, or air pollution control Facility or garbage, rubbish, refuse, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

Solid Waste facilities: Structures or systems designed for the collection, processing or disposal of solid wastes, including hazardous wastes, and includes transfer stations, processing plants, recycling plants, and disposal systems.

Solid Waste Processing Plant: A Facility for incineration, resource recovery, or recycling of solid waste prior to its final disposal.

Solid Waste Transfer Station: A Facility for temporary collection of solid waste prior to transport to a processing plant or to final disposal.

Special Exception: A use which may be permitted in a district through the granting by the Board of County Commissioners of a Special Exception upon a finding by that Board that it meets conditions specified by this Code.

Special Flood Hazard Area: The same as area of special flood hazard.

Sports Bar: Any establishment which sells, serves, dispenses or provides alcoholic beverages for the consumption on premises, even if incidental to the sale of food and nonalcoholic beverages, where indoor recreational uses are provided on the same premises including, but not limited to the following: pool tables, dart games, air hockey, dancing, and/or more than two video games/pinball/arcade machines per 100 seats.

Standard Housing: Dwelling units that meet the Federal Minimum Housing Quality Standards as established for the HUD s. 8 Program.

Start of Construction: Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within 180 days of the permit date. The "actual start" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of pilings, construction of columns or any work beyond the stage of excavation or the placement of a manufactured home or a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property accessory buildings, such as garages or sheds not occupied or dwelling units or not part of the main building.

Stormwater: The flow of water that results from a rainfall event.

Street: A public accessway 20 feet or more in width dedicated or otherwise having legal sanction for unlimited public use, includes the terms road, avenue, lane, boulevard, thoroughfare, highway, place, way, drive, and terrace.

Structure: Anything constructed or installed that is rigidly and permanently attached to the ground or to another object that is rigidly and permanently attached to the ground. This shall include but not be limited to supporting walls, signs, screened or unscreened enclosures covered by a permanent roof, swimming pools, poles, and pipelines; walled and roofed buildings, including gas or liquid storage tanks that are principally above ground, as well as a manufactured home.

Subdivider: Any person who undertakes to create a subdivision.

Subdivision: The platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land, for development or sale; and includes establishment of new streets and alleys, additions, and re-subdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided. Parcels of land subdivided into parcels, lots, tracts or sites in a size 20 acres or greater shall be exempt from subdivision regulations.

Substantial Damage: 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% of the market value of the structure before the damage occurred.

Substantial Improvement: Any repair, reconstruction, alteration or improvement to a structure, the cost of which equals or exceeds 50% of the market value of the structure, either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes 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 does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions.

Substantially Improved Existing Mobile/Manufactured Home Parks or Subdivisions: Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Support Documents: Any surveys, studies, inventory maps, data, inventories, listings or analyses used as bases for or in developing the local comprehensive plan.

Swimming Pool: Any body of water or receptacle for water having a depth at any point greater than 18 inches, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground.

25-Year Frequency, 24-Hour Duration Storm Event: A storm event and associated rainfall during a continuous 24-hour period that may be expected to occur once every 25 years. Its associated floodplain is that land which may be expected to be flooded during the storm event.

Temporary Special Use Permit: A use that may be allowed in a residential district temporarily. The Board of county Commissioners has authority to issue the permit. The County Manager or his/her designee has authority to renew the permit.

Townhouse: A design term, referring to the physical form of more than two single-family attached homes, each with its own ground-floor entry. Also, see Single-Family Attached Dwelling Unit.

Trailer: Any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle.

Travel Trailer: See Recreation Vehicle.

Truck: Any motor vehicle with a net vehicle weight of 5,000 pounds or less and which is designed or used principally for the carriage of goods and includes a motor vehicle to which has been added a cabinet box, a platform, a rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers. (F.S. 320.01 (9)). For trucks over 5000 pounds, See Truck, Heavy. For other related definitions, See Semitrailer, See Truck Tractor, See Commercial Motor Vehicle.

Truck Camper: See Recreation Vehicle.

Truck Farm: Land established for the raising of ground, bush and vine fruits and vegetables, including but not limited to, cucumbers, tomatoes, peppers, watermelons, cantaloupes, blueberries and similar produce.

Truck Farm Operations: The act of preparing the land for planting, cultivating and harvesting produce from truck farms.

Truck, Heavy: Any motor vehicle with a net vehicle weight of more than 5,000 pounds, which is registered on the basis of gross vehicle weight in accordance with F.S. 320.08(4), and which is designed or used for the carriage of goods or designed or equipped with a connecting device for the purpose of drawing a trailer that is attached or coupled thereto by means of such connecting device and includes any such motor vehicle to which has been added a cabinet box, a platform, a rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers. (F.S. 320.01 (10))

Truck Tractor: A motor vehicle which has four or more wheels and is designed and equipped with a fifth wheel for the primary purpose of drawing a semitrailer that is attached or coupled thereto by means of such fifth wheel and which has no provision for carrying loads independently. (F.S. 320.01 (11))

Unique Natural Habitats: "Habitat" means the environment in which an animal normally lives and in which it meets its basic need for food, water, cover, breeding space, and group territory. "Unique" means the occurrence is rare or infrequent or is of special social/cultural, economic, educational, aesthetic or scientific value. Areas where endangered, threatened or rare species, or remnant native plant species, occur.

Unique Natural Resources: Natural resources which are rare or infrequent in occurrence, or are of special social/cultural, economic, educational, aesthetic or scientific value.

Unit or unit area shall mean any section or plot of ground upon which is erected any recreational vehicle, travel trailer, cabin or tent.

Urban Sprawl: Urban development or uses which are located in predominantly rural areas, or rural areas interspersed with generally low-intensity of low-density urban uses, and which are characterized by one or more of the following conditions: (a) The premature or poorly planned conversion of rural land to other uses; (b) The creation of areas of urban development or uses which are not functionally related to land uses which predominate the adjacent area; or (c) The creation of areas of urban development or uses which fail to maximize the use of existing public facilities or the use of areas within which public services are currently provided. Urban sprawl typically manifests itself in one or more of the following land use or development patterns: 1) leapfrog or scattered development; 2) ribbon or strip commercial or other development; and 3) large expanses of predominantly low-intensity, low-density, single-dimensional development.

U.S.C. & G.S: United States Coast and Geodetic Survey.

Variance: A modification of this Code when such variance will not be contrary to the public interest, and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Code would result in unnecessary and undue hardship. A variance is authorized only for height, area, size of structure or size of yards and open spaces, or other dimensional requirements. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall the variance be granted because of the presence of nonconformities in the zoning district or classification or in the adjoining zoning districts or classifications.

Vegetative Communities: Ecological communities, such as coastal strands, oak hammocks, and cypress swamps, which are classified based on the presence of certain soils, vegetation and animals.

Vested Right: A right is vested when it has become absolute and fixed and cannot be defeated or denied by subsequent conditions or change in regulations, unless it is taken and paid for. There is no vested right to an existing zoning classification or to have zoning remain the same forever. However, once development has been started or has been completed, there is a right to maintain that particular use regardless of the classification given the property. In order for a non-conforming use to earn the right to continue when the zoning is changed, the right must have been vested before the change. If the right to complete the development was not vested, it may not be built, no non-conforming use will be established, and the new regulations will have to be complied with.

Veterinary Clinic: Facility for the treatment of animals where all animals are kept within a completely enclosed structure. No outside runs or pens are allowed. When in conjunction with a kennel, the regulations for kennels shall apply.

Waterbody: Any natural or artificial pond, lake, reservoir, or other area with a discernible shoreline that ordinarily or intermittently contains water.

Watercourse: A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourses may include specifically designated areas in which substantial flood damage may occur.

Water Surface Elevation: The height, in relation to the North American Vertical Datum (NAVD) of 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

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

Wetland Vegetation: Vegetation identified as wetland species in Rule 17-301.400 Florida Administrative Code.

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 under normal circumstances do or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The definition includes all contiguous and noncontiguous or isolated wetlands to waters, water bodies, and watercourses. Wetlands include, but are not limited to swamp hammocks, hardwood hybrid hammocks, riverian cypress, cypress ponds, bayheads, bogs, wet prairies and freshwater marshes. Dominant wetland vegetation shall be determined as provided in Rule 17-301.400, Florida Administrative Code.

Xeriscaping: Any water conserving landscaping technique that takes into account sunlight intensity, soil conditions and the use of drought tolerant vegetation for the purpose of providing an alternative to the traditional turfgrass-dominated lawn.

Yard: An open space on the same lot with a building unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.

Yard, Front: A yard across the full width of the lot, extending from the building line of the building to the line of the street on which it faces.

Yard, Rear: A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard Sale: An informal event for the sale of used goods by private individuals held in the yard or garage of the seller's residence within any of the agricultural or residential zoning districts.

Yard, Side: A yard between the building and the sideline of the lot and extending from the front yard to the rear yard.

Z-lot Development: See Single-Family Attached Dwelling Unit.

Zero Lot Line: A development approach in which a building is sited on one or more lot lines with no yard. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. Virtually all zoning ordinances retain yard requirements; where zero lot line developments have been permitted; they have been handled through variances or planned unit development procedures, or other devices which allow for site plan review. The few ordinances that specifically authorize the zero lot line approach do so as an exception to prevailing regulations and under clearly defined circumstances.

(Ord. No. 2008-20, § 6, 7-17-2008; Ord. No. 2012-01, 10-20-2011; Ord. No. 2013-04, 11-1-2012; Ord. No. 2013-07, 6-6-2013; Ord. No. 2015-02, 11-18-2014; Ord. No. 2015-04, § 1(Exh. A), 8-20-2015; Ord. No. 2015-05, 8-20-2015; Ord. No. 2015-06, 8-6-2015; Ord. No. 2017-11, 9-7-2017)