CHAPTER 2

                                                                  DEFINITIONS AND INTERPRETATIONS

SECTION 1:  INTERPRETATIONS OF CERTAIN TERMS AND WORDS

a)             The singular includes the plural and vice versa.

b)            The masculine includes the feminine and neuter and vice versa.

c)             The present tense includes the future.

d)            The word "shall" is mandatory and the word "may" is permissive.

e)             The word "person" includes an individual, child, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, and all other groups or combinations.

f)             The word "writing" includes handwriting, printing, typewritten, and all other methods and means of forming letters and characters upon paper.

g)            The word "lot" includes the words parcel of land, plot, or tract.

h)            The word "land" includes the words water, marsh, swamp, gross land area, and gross acre of land.

i)              The word "street" includes the words avenue, highway, road, boulevard,  thoroughfare, ingress/egress easement, public right-of-way, private right-of-way, or other similar words.

j)              All words and terms defined in any Code adopted by reference are hereby incorporated in this Code.  However, if a word is also defined in this Chapter, the latter definition shall apply in all cases except when interpreting the referenced Code.

k)             All words not defined in this Code shall carry their customary meaning as found in Webster's latest published edition unabridged Dictionary.

SECTION 2:  DEFINITIONS

ABANDON - To cease actively using a structure for a period of six (6) months or more.

ABANDONED SIGN -

a.)            Any sign face which advertises a business no longer conducted or product no longer sold. In making the determination that a sign advertises a business no longer being conducted, the Town shall consider the existence or absence of a current occupational license, utility service deposit or account, use of the premises, and relocation of the business.

b.)           Any sign structure which has not been used for business purposes for over six (6) months, and that is nonconforming according to existing codes regarding height, setback or sign area. 

c.)            Any previously permitted portable or temporary sign for which permitted time has expired.

ABUTTING PROPERTY - Any property that is immediately adjacent or contiguous to property or that is located immediately across any road or public right-of-way.

ACCESSORY BUILDINGS - A subordinate or incidental use to the principal use. 

ADMINISTRATIVE OFFICIAL - The municipal official appointed by the Town Manager to administer the Land Development Code.

ADULT CONGREGATE LIVING FACILITIES (ACLF)- A caretaking arrangement, whether operated for profit or not, where care is provided for a part of the twenty-four (24) hour day to three (3) or more adults that are unrelated by blood or marriage to the owner/operator of the facility.  This care may include, but is not limited to, providing a protective setting, social activities, leisure time activities, self-care training, rest, nutritional services, and speech or physical therapy. Residents shall not be under in-house nursing/medical care.  Such a facility must be licensed by the Florida Department of Health and Rehabilitative Services, in accordance with Section 400.55 of the Florida Statutes, or as amended.

ADULT ENTERTAINMENT - An establishment where a substantial portion of the stock-in-trade and/or presentation time offered for any form of consideration, are devoted to materials which are distinguished or characterized by the emphasis in depicting, describing, or relating sexual matters from which minors would be excluded by virtue of their age, pursuant to the Florida Statutes.  This term may include, but is not limited to, adult bookstore, adult cabaret, and adult theater.

ADULT/VOCATIONAL EDUCATION - An establishment for the instruction or guidance in an occupation, profession, civic activity or art form, and may include, but not limited to, the teaching of a trade apprenticeship, acting-drama, citizenship, cooking, and music and voice.

AGRICULTURAL LANDS - Shall mean those lands in any agricultural use including forestry.

AGRICULTURAL SIGNS - Signs related to bona fide agricultural activities being performed on the property.

AGRICULTURE - The production, keeping, grazing, or maintenance for sale, lease, or personal use, of plants and animals useful to man, and may include, but not be limited to, forage and sod crops, grain and seed crops, fruits of all kinds, vegetables, and nursery, floral, ornamental, and greenhouse products.

AGRICULTURE:  PROCESSING (except for packing and slaughter houses) - The processing for sale, lease, or personal use, of plants and poultry products useful to man,  which may include, but not be limited to, citrus, dairy, grain mill and poultry products. This definition shall not include the butchering, processing and packing of animals or poultry for food.

AGRICULTURE:  PROCESSING - Packing and slaughter houses - The butchering, processing, or packing of animals or poultry for food.

ALLEY - A public or private way which is not designed for general travel but is used primarily as a means of secondary access to a lot abutting thereon.

ALTERATION - Any change in a building's structural parts, stairways, type of construction, means of ingress and egress, wiring, plumbing, heating or cooling system, and other changes affected or regulated by the Town of Lady Lake Building Codes or this Land Development Code, except for minor changes or repairs not involving the aforesaid features.  The word alteration may include, but not be limited to, the words altered, repaired, modification to construction or reconstruction.

ALTERED WETLANDS - Wetlands which have been substantially affected by man, but which continue to be dominated by wetland or transitional vegetation.

ANAEROBIC - Conditions where there is no free oxygen available for use.

ANIMATED SIGN - Any sign of which all or any part thereof revolves or moves in any fashion whatsoever; and any sign which contains or uses for illumination any light, lights or lighting device or devices which change color, flash or alternate, show movement or motion, or change the appearance of said sign or any part thereof automatically.

APPEAL - A request for a review of an interpretation of any provision of this Code or  any decision or action of the Town.

APPLIANCE/ELECTRONIC REPAIR SHOP - A retail establishment offering for  compensation the repair services of small appliances and electronic equipment, with such repair generally occurring on the premises.

APPLICANT - Shall mean any person applying for or who has been granted a permit to proceed with a project.  The term applicant shall include a developer, public or private individual, partnership, corporation, association, group, company, firm, society or other legal entity of human beings, whether natural or artificial, including the Town of Lady Lake and all other municipal, state and federal governments, and shall include the plural as well as the singular.

ATHLETIC/SPORTS FACILITY - A site or building where competitive athletic pursuits are carried out, through direct participation, generally on a scheduled basis.  This type of facility may include, but is not limited to, a golf course, golf driving range, handball or racquetball court, swimming club, and tennis club.

AQUIFER - An underground formation, group of formations, or part of a formation that is permeable enough to transmit, store, or yield usable quantities of water.

AREA OF SHALLOW FLOODING - A designated AV or VO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) 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 - The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year.

ARTESIAN WELL - An artificial hole in the ground from which water supplies may be obtained and which penetrates any water-bearing rock, the water in which is raised to the surface by natural flow, or which rises to an elevation above the top of the water-bearing bed.  Artesian wells are defined further to include all holes, drilled as a source of water, that penetrate any water-bearing beds that are a part of the artesian water system of Florida, as determined by representatives of the Florida Geological Survey or the Department of Environmental Protection.

AS-BUILT PLANS - The final plans amended to include all locations, dimensions, elevations and materials, as actually constructed and installed.  The term as-built denotes a guarantee by the engineer-of-record as to the veracity of the information depicted on the plans.

AUCTION HOUSE - Land or a building where items are sold to the highest bidder.  Such activity could be private or public and may include, but not be limited to, the sale of antiques, art and jewelry.

AWNING - A rooflike cover, securely fastened on one side or end to a building, and the balance of which extends over or before a place (as a walkway or before a window) as a shelter and whose bottom edge is at least seven (7) feet above the highest grade level beneath it.

AWNING/ILLUMINATED - A structure, as described above, which is illuminated from the reverse side with artificial light emanating from a minimum eight hundred (800) milliampere high outpost florescent fixture, to the extent that such artificial light is visible through to the exterior.

AWNING SIGN - Any metal, canvas or plastic cover, hood, or canopy projecting from and supported by a building when such device extends beyond the building, building line, setback line or property line.

BANK - An establishment where the principal use is receiving or lending money, including savings and loan companies.

BANNER SIGN - Signs either with or without frames, possessing characters, letters, illustrations or ornamentations applied to cloth, paper or fabric of any kind.  For the purposes of this ordinance national flags, flags of political subdivision and symbolic flags of any institution or business shall not be considered banners.

BARS, LOUNGES, AND NIGHT CLUBS - An establishment devoted primarily to the selling, dispensing, serving or providing of alcoholic beverages for consumption on the premises, where dancing or floor shows may be permitted.  The term bars, lounges, and night clubs may include, but not be limited to, the terms barroom, cabaret, cocktail lounge, discotheque, pub, saloon, and tavern, but shall not include those premises where alcoholic beverages are sold in conjunction with the sale of food for consumption on the premises, and the sale of said beverages comprises less than forty-nine percent (49%) of the gross receipts.

BASE FLOOD - The flood having a one (1) 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 INN - A house or portion thereof where short-term lodging rooms are provided, and breakfast may be provided.  The operator of the Inn shall live on the premises.

a)             Bed and breakfast small homestay: A private residence, including related buildings, with one to three (3) guest rooms in which the owner occupies the primary building. 

b)            Bed and breakfast medium homestay: A private residence, including related buildings, with up to five (5) guest rooms in which the owner occupies the primary building.

BEST MANAGEMENT PRACTICES - Accepted, best technology within acceptable industry standards for cost efficiency to manage either land development, pollution abatement, or treatment processes.

BILLBOARD - Any outdoor advertising sign upon which advertising matter may be displayed and which generally advertises firms and organizations that, along with their goods and services, are not located on the same premises as the sign.

BOARDWALK - An elevated structure made of boards usually placed over land or wetlands.

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 - An area of land, landscape materials, wall or combination thereof between two parcels of land intended to reduce the impacts between the two parcels.

BUILDABLE AREA - That portion of a lot remaining after required building setbacks have been established in the lot's front, rear and side yards.

BUILDING - Any structure built for support, shelter, or enclosure for occupancy or storage.

BUILDING COVERAGE - That portion of a lot which is occupied by principal and accessory buildings.

BUILDING FRONTAGE - The face of the building meeting front setback requirements towards the principal road, street, highway or easement serving the building.

BUILDING HEIGHT - The vertical distance measured from the average grade of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to average height level between eaves and ridge for gable, hip and gambrel roofs.

BUILDING SETBACK - The minimum required distance a building must be set back from the property line, as measured perpendicular to the property line, or from mean high water along rivers, lakes, or other water bodies.

BUILDING SETBACK LINES - The lines established by setback requirements beyond which no principal building shall extend.

BULKHEAD - A man-made wall or encroachment, parallel to the shoreline, made to protect the shore from erosion and to retain the earth or fill behind it.

BUSINESS SERVICE - An establishment where the performance of duties related to business operations are provided within or outside of the confines of such an establishment any may include, but not be limited to, business machine repair, computer service and repair, microfilming, secretarial and typing service, and telephone answering service.

CANAL - An artificial waterway for transportation, irrigation, or stormwater conveyance.

CANOPY SIGN - Any sign installed on any ornamental roof-like structures of cloth or otherwise that provides or suggests shelter and projects from a wall or is supported by columns; or any temporary or permanent cover providing shelter or decoration (as over a door or window), including an awning.

CARPORT - An attached or freestanding unenclosed structure primarily used to shelter motor vehicles, having a roof structure supported by two or four posts or a combination of posts and wall structure.

CEMETERY - Land where burial of the deceased occurs, whether persons or pets.  This term shall include mausoleums where they are within the boundaries of a cemetery.

CHANGEABLE COPY SIGNS - Any poster board, bulletin board, billboard, neon sign, screen, surface or wall, with characters, letters or illustrations affixed thereto or thereon, by any method or means whatsoever, that can be changed, rearranged or altered without changing the face of the poster board, bulletin board, neon sign, screen, surface or wall.

CHANGE OF USE - A discontinuance of an existing use and the substitution of a different kind or class of use.  Change of use is not intended to include a change of tenants or proprietors.

CLEARING - The removal of any trees or vegetation from the land by digging, pushing or cutting, or the effective removal by damage.  This shall not include mowing of lawn and field grasses.

CLUBS, LODGES, AND FRATERNAL ORGANIZATIONS - A building or facility owned or operated by a corporation or association for a social, educational, civic, or recreational purpose, but which is not primarily for profit or to render a service that is customarily carried on as a business.

CLUSTER SIGN - See Off-Site Municipal Directory Sign

COMMEMORATIVE SIGNS - Signs for commemoration of seasonal holidays.

COMMERCIAL/INDUSTRIAL EQUIPMENT AND SUPPLIES - An establishment which offers the wholesale or retail sale or rental of goods and merchandise used in commerce or industry, and not generally purchased by the individual consumer, and may include, but not be limited to, air or gas compressors, backhoes, bricks, chemicals, food processing equipment, hoists, manufactured building components, medical supplies, traffic signs, valves, and waterproofing material.

COMMERCIAL/INDUSTRIAL SERVICE - An establishment which provides work performance related to commerce and industry, and may include, but not be limited to, linen supply, machine shop, medical waste removal service, publishing plant, screen printing, tool and die shop and welding.

COMMERCIAL/INDUSTRIAL WAREHOUSE - A building used primarily for the dead space storage of goods and materials used by or in association with commerce and industry.

COMMERCIAL RECREATION FACILITY - An establishment which provides indoor or outdoor opportunities for casual entertainment by patrons of all ages, and may include, but not be limited to, an amusement park, bingo club, bowling alley, game room, go-kart track, miniature golf, pool hall, skateboard park, skating rink and video games; however, if the facility includes a video arcade, it may not constitute more than 40% of the included activities.

COMMERCIAL STABLE - A facility where horses are boarded and cared for and may include, but not be limited to, provision for instruction of riding, jumping, and showing, and the hiring to the public of riding horses for a fee.

COMMUNITY RESIDENTIAL HOMES - A dwelling unit providing a living environment for one (1) to six (6) residents, if unlicensed, or seven (7) or more residents, if licensed, that have no family to live with or are in need of assistance with daily living, if the facility operates as the functional equivalent of a family.  Supervision and care by support staff may be necessary to meet the physical, emotional and social needs of the residents.  These facilities are licensed by the Florida Department of Health and Rehabilitative Services and include residential treatment facilities - levels II and IV, residential child care agency facilities, intermediate care facilities for the mentally retarded/developmentally disabled, foster care facilities, and group homes pursuant to Chapter 419 of the Florida Statutes, but may not include transitional facilities for ex-correction inmates.

COMPENSATING STORAGE - Shall mean equivalent floodplain storage provided to counterbalance floodplain filling.

COMPREHENSIVE PLAN - The "Town of Lady Lake Comprehensive Plan Update" adopted by the Town Commission and amendments thereto in compliance with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes.

CONE OF INFLUENCE - A roughly conical concavity in the potentiometric surface around a pumping well.

CONFINED AQUIFER - An aquifer that is overlain by a confining bed which has a singularly lower hydraulic conductivity than the aquifer.

CONFINING BED - A body of relatively "impermeable" material stratigraphically adjacent to one (1) or more aquifers. In nature, however, its "hydraulic conductivity" may range from nearly zero to some value distinctly lower than that of the aquifer.

CONSERVATION EASEMENT - A right or interest in real property which is appropriate to retaining land or water areas predominately in their natural, scenic, open or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; or maintaining existing land uses; and which prohibits or limits the activities as described in the Florida Statutes.

CONSERVATION PLAN (Erosion Control Plan) - A formal document which outlines a system of management practices to control soil erosion and to improve water quality for a specific parcel of property related to stormwater facilities for agricultural lands approved by the Town, and which has been either:

a)             Prepared by the United States Department of Agriculture Soil and Water Conservation Service (SCS) in conjunction with a local Soil and Water Conservation District , organized pursuant to Chapter 582, F.S., or as amended;

b)            Prepared by a private consultant to standards, specifications, and guidelines developed by the SCS; or

c)             Prepared by a private consultant based on SCS guidelines using guidelines for Conservation Plans using accepted engineering principals, and which provides an equivalent level of treatment.

CONSTRUCTION - Shall mean  the alteration of the existing contours of the site, land clearing, or the building, assembling, expansion, modification,  erection  or alteration of buildings or other structures, or any part thereof. 

CONSTRUCTION CONTRACTOR'S YARD AND STORAGE - Land or building where construction materials are kept in association with such contracting businesses and may include, but not be limited to, air conditioning and heating, aluminum, building construction, hauling, machine construction, roofing, solar energy systems, utility system installation, and wallcovering.

CONSTRUCTION REAL ESTATE SIGN - A construction sign, as described herein, which also advertises the real property where the sign is located for sale, lease or rent.

CONSTRUCTION, START OF - The term shall include the first placement of permanent construction on a site, as well as demolition, clearing or excavation, with a valid permit, if the activity is preparatory to the placement of permanent construction and the construction work begins immediately thereafter.

CONSTRUCTION SIGN - A sign announcing and identifying the construction project scheduled or underway on the site where the sign is located.

CONSUMPTIVE USE - Any use of water which reduces the supply from which it is withdrawn or diverted.

CONVENIENCE STORE - An establishment which offers for sale a limited line of food and household goods and is designed for quick service to customers with small purchases.  Such an establishment may or may not offer for sale fuel by way of self-service gasoline/diesel pumps or LP gas tanks.

CREMATORIUM - An establishment in which a deceased body is reduced to ashes in a furnace.  This type of facility must be licensed with the Florida Department of Professional Regulation and meet the criteria of the Florida Department of Health and Rehabilitative Services and the Florida Department of Environmental Protection, pursuant to Section 470.025 of the Florida Statutes, or as amended.

CRITICAL HABITAT - Habitat which, if lost, would result in elimination of listed species individuals from the area in question.  Critical habitat typically provides functions for the listed species during restricted portions of that species' life cycle.  Habitat includes the place or type of site where a species naturally or normally nests, feeds, resides, or migrates, including for example, characteristic topography, soils and vegetative cover.

CULTURAL FACILITY - Land, a building, or a group of buildings which affords the pursuit of arts, professional and scholarly matters, and may include, but is not limited to, an auditorium, convention/lecture hall, and museum.

DAY CARE CENTER - An arrangement or establishment which provides child care for more than five (5) children unrelated to the operator, for compensation, and for a period of less than twenty-four (24) hours.  Such a facility must be licensed by the Florida Department of Health and Rehabilitative Services and comply with their requirements, pursuant to Section 402.305 of the Florida Statutes, or as amended.  This term may include, but not be limited to, a child-care center, day-care services, day nurseries, kindergartens, nursery school, play-school and preschool.

DENSITY - The total number of dwelling units per acre within a project site.

DETENTION - The collection and temporary storage of stormwater in such a manner as to provide treatment through physical, chemical, or biological processes and/or attenuation of the peak rate of flow.

DEVELOPER - Any person who engages in or proposes to engage in the development of property either as the owner or as the agent of an owner of property.

DEVELOPMENT - Any significant man-made change to real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, permanent storage of materials, or the dividing of land into two (2) or more parcels.  Development includes, but is not limited to, the following:

a)             A reconstruction, alteration of the size, or structural change in the external appearance of a structure on land.

b)            A change in density or intensity of use of the 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  on the land as may be determined by the local government.

c)             Alteration of a shore or bank of a river, stream, lake, pond, canal, or stormwater management facility.

d)            Mining or excavation on a parcel of land.

e)             Demolition or removal of a structure.

f)             Clearing of land as an adjunct of construction.

g)            Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

DIAMETER AT BREAST HEIGHT (DBH) - The diameter, in inches, of the trunk of the  tree measured at four and one-half (4 1/2) feet above the existing grade.

DIRECTIONAL SIGN - Any sign, the message of which is limited to the direction of the public, including signs which direct traffic onto or within a premises, identify restrooms, parking areas or spaces, freight entrances, or other facilities for the convenience of the public.

DIRECTLY CONNECTED IMPERVIOUS AREAS - Those impervious areas which are connected to the surface water management system by a drainage improvement such as a ditch, storm sewer, paved channel, or other man-made conveyance.

DIRECTOR - Shall mean Department Head.

DIRECTORY SIGN - A directory sign shall mean a sign which gives the name and/or occupation of the occupants of a building; or gives the name of the building, including office building directories, church directories and apartment house directories.

DISCHARGE - The outflow of water from a project, site, aquifer, drainage basin or facility.

DITCH - An artificial waterway for irrigation or storm water conveyance.

DOCK - A fixed or floating structure, including moorings, used for the purpose of harboring boats.

DOUBLE FACED SIGN - A sign with two (2) faces which are no more than three (3) feet apart at their closest point.

DRAINAGE FACILITY - Any component of the stormwater management system.

DRAINAGE SYSTEM - All facilities used for the movement of stormwater through and from a drainage area including, but not limited to, any and all of the following conduits and appurtenant features:  canals, channels, ditches, flumes, culverts, and streets, as well as all watercourses, waterbodies and wetlands.

DREDGING - Excavation by any means in water or wetlands.  It also means the excavation or creation of a water body which is, or is to be, connected to waters, directly or via excavated water bodies or a series of excavated water bodies.

DRIPLINE - A vertical line running through the outer most portion of the tree crown extending to the ground.

DRIVEWAY OR DRIVE - A vehicular accessway, serving one (1) or more properties.

DUDE RANCH - A ranch operating as a vacation resort including horseback riding and related activities, with living quarters for temporary occupation by vacationing clients of the resort. This shall not include recreational vehicle or campground facilities.

DWELLING - A building or part thereof with cooking, sleeping, and sanitary facilities that is designed in whole or part as the separate and independent residence or living quarters for one (1) or more persons, but which does not include the terms bed and breakfast inn, hotel, mobile home, motel, recreational vehicle, or tent.  This term does include the following categories:

a)             Dwelling, Single Family - A building containing one (1) dwelling unit which would include the following types:

                -               Single Family Attached

                -               Single Family Detached

                -               Modular Housing

                -               Manufactured Home, Residential Design (RDMH) - Shall not be construed as including a standard design manufactured housing (SDMH), mobile home, travel trailer, or portable housing.

b)            Dwelling, Two Family - A building containing two (2) dwelling units which would include the following types:

                -               Single Family Attached (two units per building)

                -               Duplex

c)             Dwelling, Multi-Family - A building containing three (3) or more dwelling units which would include the following types:

                -               Single Family Attached

                -               Apartments, Low and Mid-Rise

                -               Townhouses

                -               Duplex

EASEMENT - A grant by a property owner for the use of a specified portion of land for a specified purpose.

ELEVATED BUILDING - A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (ports and piers), shear walls or breakaway walls.

ERECT - Shall mean to build, construct, attach, hang, place, suspend, or affix and shall include the painting of wall signs.

EROSION - The wearing or washing away of soil by the action of water or wind.

ESSENTIAL SERVICES - Public utility facilities either underground or overhead and related to the transmission or distribution system of water, sanitary sewer or storm sewer, telephone, gas, electricity, public safety, including poles, wires, mains, hydrants, drains, pipes, conduits, police or fire callboxes, traffic signals and other similar equipment necessary for the furnishing of adequate service, but not including buildings.

EXCAVATION - The removal of soil, earth, etc. by digging.

FACADE - The entire building wall, including wall face, parapet, fascia, windows, doors, canopy and roof of any complete elevation.

FAMILY CHILD CARE HOME - An occupied residence in which child care is provided for a period of less than twenty-four (24) hours a day on a regular basis, for no more than five (5) preschool children including those related to the resident care giver.  An additional five (5) elementary school age children may also be cared for during after-school hours.

FARMERS MARKET - An occasional or periodic sales activity held within a building or structure where groups or individual sellers offer farm products, food, plants and similar type items for sale to the public.

FLEA MARKET - An occasional or periodic sales activity held in an open area where groups or individual sellers offer goods - new and used, for sale to the public, not to include private garage sales or similar activities held by churches or other non-profit organizations.

FASCIA - A flat strip or band.

FASCIA SIGN - A sign located on the fascia of a roof or canopy, or affixed to the front plane of a mansard roof that is a maximum of thirty (30) degrees from vertical, including signs that extend the plane of the structural fascia such that the vertical dimensions of the sign is no more than one third (1/3) the distance from the ground to the bottom of the fascia and no lateral supports are used.

FEMA - The Federal Emergency Management Agency.

FDEP - The Florida Department of Environmental Protection.

FDNR - The Florida Department of Natural Resources.

FDOT - The Florida Department of Transportation.

FINANCIAL SERVICE - An establishment engaged in the management of money and credit, and  whose services may include, but not limited to, accounting, bookkeeping, investment securities, money transfer, mortgage loans, pension plans, stocks and bond brokerage and tax planning.  This term would not include the term bank.

FINISHED GRADE - The completed elevation of lawns, walks, and driveways brought to grade as shown on building plans or designs relating thereto.

FIRE FLOW - The quantity of water measured in gallons per minute (gpm) and pounds per square inch (psi) that is needed to fight a fire involving a particular density of buildings or type of uses as defined by the NFPA.

FLAG - A fabric of distinctive design that is used as a symbol (as of a nation, state or city), or is displayed to show affiliation with a specific recognized organization (such as fraternal, religious or charitable organization).

FLASHING SIGN - Shall mean a sign or any part thereof, the electrical lighting device or devices of which go on and off alternately.

FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas from:

a)             The overflow of inland or tidal waters;

b)            The unusual and rapid accumulation or runoff of surface waters from any source.

100-YEAR FLOOD - The flood flow or stage of the magnitude which has a one-percent (1%) chance of being equalled or exceeded during any one (1) given year.

FLOOD HAZARD BOUNDARY MAP (FHBM) - An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

FLOOD INSURANCE RATE MAP (FIRM) - 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 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.

FLOODPLAIN (or Floodprone Area) - That area which would be inundated as a result of runoff from a storm with a defined probability of occurrence in any year (e.g., the one percent (1%) probability of occurrence floodplain is the 100-year floodplain).

FLOOD PROOFING - Design/construction which is designed to protect an area or structure from being flooded for a particular flood event.

FLOODWAY - The permanent channel of a stream or other watercourse, plus any adjacent floodplain areas that must be kept free of any encroachment in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than a designated amount (not to exceed one (1) foot except as otherwise established by the Water Management District or established by a Flood Insurance Rate Study conducted by the Federal Emergency Management Agency (FEMA).  NOTE:  The one (1) foot increase cited above is used in the determination of the floodway itself and is not meant to allow subsequent increases in the 100-year flood elevation, once the limits of the floodway have been so set.  That is, in order to determine that portion of the floodplain which will be designated as the floodway, one begins at the outer limits of the floodplain and assumes full development inward, toward the river or stream channel, on both sides of the flood hazard area, until the point is reached where development will cause the 100-year flood elevation to rise by one (1) foot.  The area remaining between this boundary and the channel is the floodway, and because any further development here would necessarily increase the 100-year flood elevation by more than one (1) foot, no such development can be permitted.

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, GROSS - The sum of the gross horizontal area of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings.

FLUCFCS - Florida Land Use, Cover and Forms Classification System, latest edition, published by the Florida Department of Transportation.

FREESTANDING SIGN (ground sign) - A sign supported by a sign structure in the ground and which is wholly independent of any building, fence, vehicle or object other than the sign structure for support.

FRONT-FOOT, BUILDING - Each lineal foot, or major portion thereof, measured along the main entry side of a building. 

FRONT-FOOT, PROPERTY - Each lineal foot, or major portion thereof, measured along the public right of way where the subject property abuts said right-of-way.

FRONT-FOOT, TENANT - Each lineal foot, or major portion thereof, of the front of the rented or leased space.

GEOTECHNICAL ENGINEER - Shall mean a licensed Professional Engineer in the State of Florida whose expertise or experience is in the field of geotechnical engineering.

GREEN SPACE - See OPEN SPACE.

GROSS DENSITY - The total land area of the subject property excluding natural water bodies divided by the proposed number of dwelling units.

GROUND COVER - A small, low-growing plant, such as ivy, used as a ground covering in place of grass, normally reaching an average maximum height of not more than eighteen (18) inches at maturity.

GROUND SIGN - See Freestanding Sign.

GROUNDWATER - Water below the surface of the ground whether or not flowing through known or defined channels.

GUEST/SERVANT QUARTERS - Living quarters located on the same lot or parcel of land as the principal building, to be used exclusively for housing members of the family occupying the principal building, their nonpaying guests, or their employees. 

GUN AND ARCHERY RANGE - A facility, including accessory buildings, for shooting  by sportsmen. The gun range must be located indoors.

HABITAT MANAGEMENT PLAN - A plan prepared to address conservation and management of listed species found onsite and their habitat, which is approved by the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service, if applicable.

HARMFUL TO MINORS - With regard to sign content, any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it:

a)             Predominately appeals to the prurient, shameful, or morbid interest of minors in sex.

b)            Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors.

The term "harmful to minors" shall also include any non-erotic work or picture when it is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable for viewing by minors.

HAZARDOUS MATERIAL - Any material defined, listed, characterized, or classified as a hazardous material, hazardous substance, hazardous waste, or toxic substance according to any of the following State or Federal codes or regulations:

a)             Chapter 38F-41, Florida Administrative Code (Florida Substance List), or as amended.

b)            Title 40 Code of Federal Regulation part 261 (Identification and Listing of Hazardous Wastes), or as amended.

c)             Title 40 Code of Federal Regulations part 302.4 (Designation of Hazardous Substances), or as amended.

d)            Title 40 Code of Federal Regulations part 355, Appendices A and B (List of Extremely Hazardous Substances), or as amended.

e)             Title 49 Code of Federal Regulations parts 172.101 and 172.102 (Hazardous Materials Tables), or as amended.

The term includes, but is not limited to, explosives, radioactive materials, petroleum products, gases, poisons, biologic agents, flammables and corrosives.

HEALTH/EXERCISE CLUB - An establishment which provides for athletic and physical force training or health and recreational exercise.  This term may include, but is not limited to, the terms aerobics instruction, dance instruction, fitness center, gymnasium (private), gymnastics school, karate, marital arts, self defense instruction, and weight room.

HEIGHT OF SIGN - The distance between the top of a sign and the average grade elevation below it, or centerline grade of the adjacent roadway, whichever is less. 

HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

HYDROGRAPH - A graph of stormwater discharge versus time for a selected point in the drainage system.

HYDROPERIOD - The sum total of water that occurs in an area on average during a given period.

IDENTIFICATION SIGN - A sign that indicates the name and type of business or service, or the name of the development located on the site where the sign is located including street address, phone number, and graphic of business logo.

ILLUMINATED SIGN - A sign that uses artificial light, either internal or external to the sign faces, to draw attention to the sign or otherwise increase its visibility.

IMPERVIOUS SURFACE - A surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.  It includes surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces.

INSTRUCTIONAL SIGN - A sign conveying non-advertising information relating to the use of the premises, including such as no parking, no trespassing and warning signs.

INTENSITY - Pertaining to stormwater calculations, it is the depth of accumulated rainfall per unit of time.

IRRIGATION - The process of artificially applying water to living plant material.

ISOLATED WETLANDS - Wetlands that have no hydrological or vegetative connection with "waters of the state" as defined in Section 403.031(3), Florida Statutes, or as amended.

KENNEL - Boarding - A premises which provides for the boarding of more than three (3) domesticated animals, whether for profit or personal use.

KENNEL - Breeding - A premises which provides for the breeding, buying, raising or selling of more than three (3) domesticated animals, whether for profit or personal use.

LAUNDRY AND DRY CLEANING PLANT - A building where the washing, drying, ironing, and/or dry cleaning of laundry occurs on a large scale and without retail transactions on the premises.

LABORATORY/RESEARCH AND DEVELOPMENT - An establishment engaged in the investigation, testing and experimentation of the natural, physical or social sciences, or engaged in engineering and development as an extension of investigation with the objective of creating products.  This type of facility may include, but not be limited to, asphalt and concrete testing, foundation testing, material testing, and soils, geology and groundwater testing.

LAND-LOCKED AREA - An area which does not discharge runoff from the ten (10) year, twenty-four (24) hour storm event; also, an area which does not possess proper access to public roads and/or right-of-way and/or ingress-egress easements.

LANDSCAPE - To plant vegetation such as trees, shrubs, ground cover, etc. so as to make an area more attractive.

LANDSCAPE AREA - Areas designated for vegetation.

LANDSCAPE PLAN - A plan to be submitted with the site development plan.  The plan will identify the trees that are to be preserved as part of the landscaping design.  The plan shall also indicate the location and description of replacement landscape plants.

LANDSCAPING - Living plant material and non-living durable materials used in outdoor environmental designs.