§ 2.00.00. Definitions as used in this Appendix.

Terms in the LDC shall have the following definitions.

Abandoned Motor Vehicle—One that is in a state of disrepair and incapable of being moved under its own power.

Abut—To physically touch or border upon, or to share a common property line.

Accessory Building—A separate building or structure, the use of which is incidental to that of the principal building on the same lot.

Accessory Sign—A permanent ground or building sign that is permitted under this Code as incidental to an existing or proposed use of land.

Accessory Use—A use of land or structure or portion thereof customarily incidental and subordinate to the principal use of the land or structure and located on the same parcel with the principal use.

Accessway—A paved area intended to provide ingress and egress of vehicular traffic from a public right-of-way to an off-street parking area or loading area.

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 fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.

Adult Congregate Living Facility (ACLF)—A type of residential care facility, defined in Chapter 400, Part 2, Florida Statutes.

Adversely Affected Person—Any person (resident of or property owner within the City) who is suffering or will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including but not limited to: interests related to health and safety; police and fire protection services; densities or intensities of development; transportation facilities; recreational facilities; educational facilities; health care facilities, equipment, or services; and environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large, but it must exceed in degree the general interest in community good shared by all persons. A person within the area receiving mailed notice for the hearing on the matter at issue shall be automatically deemed to be an adversely affected person.

Advertising—Sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity, entertainment, or real or personal property.

Agent—A representative of an owner who performs any services for the owner with respect to the real estate of the owner.

Alley—A roadway dedicated to public use that affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

Alter or Alteration—Any change or modification in construction.

Alteration of a watercourse—A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

Alternative Porous Paving—is a technique to stabilize vehicle use areas, driveways, patios, sidewalks, multi-use paths and other hardscape elements to allow for the absorption of water as part of an overall on site management for stormwater. Examples include pervious concrete, porous asphalt, permeable interlocking pavers, concrete or plastic based pavers, porous turf, grids and geocells. Use of Alternative Porous Paving shall not be counted as impervious surface. See also Impervious Surface' and 'Impervious Surface Ratio'.

Appeal—A request for a review of decisions or interpretations of any provision or permit authorized by this land development regulation. Appeals may be sought for decisions by the City Commission to the Circuit Court of St. Johns County, by the comprehensive planning and zoning board to the City Commission, by building official, or by the Floodplain Administrators.

Arcades—Any facility or establishment that allows patrons to operate a machine or game upon the insertion of a coin, token, disc, card swipe, and similar methods, that enable patrons to use the machine or game as a means of amusement or entertainment. Examples include, but are not limited to_video arcade games, slot machines, video simulated card games, and/or similar devices. This definition shall not apply to facilities with six (6) or fewer game machines.

Area of Shallow Flooding—A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 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. Such flooding is characterized by ponding or sheet flow.

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.

ASCE 24—A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

Attic—The space between the top story and a pitched roof.

A-Weighted Sound Level—The sound pressure level in decibels as measured with a sound level meter using the A-weighting network. The unit of measurement is the db(A).

Banquet Room—Large hotel room or hall available to public for functions where food may also be served. Also called banqueting room or function room.

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Base flood—A flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.1 The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood."

Base flood elevation—The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.]

Basement—That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling, provided, however, that the distance from grade to ceiling shall be at least four (4) feet six (6) inches.

Basement (for the purposes of article V)—That portion of a building having its floor subgrade (below ground level) on all sides [Also defined in FBC, B, Section 1612.2.]

Bed and Breakfast—A building or part thereof at least fifty (50) years old or older, other than a hotel, motel or inn, where sleeping accommodations and meals are provided for lodgers by daily charge and which also serves as the residence of the operator or owner. All such establishments must be furnished with period antiques or reproductions and maintain a historic ambiance.

Billboards—Any sign larger than signs permitted by this Code.

Boarding House—A building other than a hotel, where lodging or meals or both are served for compensation.

Boat—A form of transportation, including motorized and non-motorized boats, required to be registered for use on water in the state.

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.

Building—A structure having a roof supported by columns or walls built for support, shelter or enclosure of persons, animals, chattels or property.

Building (for the purposes of article V)—Any structure built for support, shelter, or enclosure for any occupancy or storage.

Building Height—Building height is measured as one (1) foot above the higher of either the Front Existing Grade or the Crown of Road (to which the structure is addressed) to the highest point of the Building or Structure. The amount of fill is limited to no more than five (5) feet.

Building Sign—A sign displayed upon or attached to any part of the exterior of a building, including walls, windows, doors, parapets, marquees and roof slopes.

Building Story Height—The vertical distance from top to top of two (2) successive finished floor surfaces, but in no case shall a story be less than seven (7) feet measured from the finished floor to the lowest projection from the ceiling.

Canopy Sign—Any sign attached to the underside of a canopy located on the front of a building.

Canopy Structure—Any overhead protective structure which is constructed in such a manner as to allow pedestrians/vehicles to pass under.

Coastal construction control line—The line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.

Coastal Maritime Hammock—is as defined as stabilized coastal dune with sand substrate; xeric-mesic; marine influence; evergreen closed canopy; common tree species include live oak, red bay. southern red cedar and southern magnolia.

Coastal high hazard area—A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. [Note: The FBC, B defines and uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the term "coastal high hazard areas."]

Commercial or Commercial Land Use or Commercial Property (as such words are used in relation to control of sound and noise)—Property on which is situated a building having a business or commercial use.

Commercial Trailer—(a) any trailer designed or used for a business, commercial, or industrial function; and also (b) any trailer which has upon or affixed to its exterior commercial advertising or identification.

Commercial Vehicle—(a) any truck, truck tractor, or similar motor vehicle designed or used for a business, commercial, or industrial function; and also (b) any motor vehicle which has upon or affixed to its exterior commercial advertising or identification.

Concurrency—A condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development project.

Conditional Use Permit—A use that would not be appropriate generally or without restriction throughout a land use district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, order, comfort, convenience, appearance or prosperity. Such uses may be permitted in a land use district only in accordance with the provisions of this Code, and if the Code allows a conditional use in a particular land use category. The application for a conditional use permit shall be the same as for a concept review, except that the comprehensive planning and zoning board shall make a recommendation to the city commission, which has final approval. The building official may delete submittals required in the concept application outlined in Article XII that are not applicable.

Condominium Hotel—A condominium project that has rental or registration desks, short-term occupancy, food and telephone services, and daily cleaning services and that is operated as a commercial hotel even though the units are individually owned.

Crown—The main mass of branching of a plant above the ground.

Curb Level—The elevation of the street curb established by the city.

Daytime—7:00 a.m. to 10:00 p.m. the same day.

Decay-Resistant Woods—Those woods that are known to be resistant to moisture and insect damage because of their natural properties, such as cypress, redwood and preservative-treated lumber.

Decibel (db)—A unit for measuring the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter).

Deck—A paved or wooden horizontal platform without a roof or covering of any description, and attached or unattached to a building.

Density or Gross Density—The total number of dwelling units divided by the total site area, less existing public right-of-ways, except in previously platted subdivisions. Alleys are included in density calculations.

Department—The building and zoning department.

Design flood—The flood associated with the greater of the following two areas: [Also defined in FBC, B. Section 1612.2.]

1.

Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or

2.

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Design flood elevation—The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.]

Detention—The collection and storage of surface water for subsequent gradual discharge.

Developed Area—That portion of a plot or parcel upon which a building, structure, paved ground surface area, gravel landscaping or other improvements have been placed.

Developer—Any person who engages in or proposes to engage in a development activity either as the owner or as the agent of an owner of property.

Development or Development Activity shall be as defined in Section 380.04, Florida Statutes and includes—Any of the following activities:

1.

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

2.

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

3.

Subdividing land into more than two (2) parcels.

4.

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

5.

Erection of a permanent sign unless expressly exempted by Article VIII of this Code.

6.

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

7.

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

8.

Construction, elimination or alteration of a driveway onto a public street.

Development (for the purposes of Article V)—Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials.

Development Order—An order granting, denying, or granting with conditions an application for approval of a development project or activity. A distinction is made between a development order, which encompasses all orders and permits, and a concept review acknowledgement.

A.

Concept Review Acknowledgement—An acknowledgement by the comprehensive planning and zoning board that it has reviewed a proposed development project to identify items of concern, potential issues, and to hear public comment. A concept review acknowledgment does not authorize a change in the allowable use of any land or building and does not constitute a representation that any proposed project development will be ultimately approved or disapproved in any form by the comprehensive planning and zoning board or by any city officer or employee. A concept review is required for major developments, future land use map amendments, comprehensive plan amendments which affect land use or development standards, preliminary development plan approval, and master plan approval.

B.

Final Development Order—The final authorization of a development project; the authorization of which must be granted prior to issuance of a development permit as defined for purposes of this Code. (The final development order authorizes the project, whereas the development permit authorizes specific components of the project, such as building construction, parking lot installation, landscaping, and the like.) For purposes of this Code the final development plan approval is the final development order.

C.

Development Permit—For purposes of this Code a development permit is that official St. Augustine Beach document which authorizes the commencement of construction or land alteration without need for further application and approval. Development permits include: all types of construction permits (plumbing, electrical, foundation, mechanical, and so forth, in addition to the building permit itself), grading and clearing permits, septic tank permits, tree removal permits, sign permits, etc.

Diameter at Breast Height (DBH)—The average diameter of tree measured four and one-half (4½) feet above ground level.

Drip Line—The outermost perimeter of the crown of a plant as projected vertically to the ground.

Dwelling Unit—A single housing unit providing complete, independent living facilities for one (1) housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation.

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

Emergency Work—Any work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an existing or imminent peril.

Enclosed Building—A building separated on all sides from adjacent open spaces or from other buildings or other structures by a permanent roof and by exterior walls or party walls which are pierced only by windows and normal entrance or exit doors.

Encroachment—Any protrusion into the property or space of another, such as, but not limited to, a vehicular accessway, pedestrian way, or landscaped area. May also include the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

Environmentally Sensitive Lands—Areas designated on the future land use map as conservation.

Erosion-Resistant Material—Types:

1.

Asphalt Type I or Type II—Minimum one and one-fourth (1%) inch thick surface course with minimum six (6) inch thick base course compacted to ninety-five (95) percent.

2.

Concrete—Minimum five (5) inch thick 3,000 PSI fibermix or wire re-enforcing.

3.

Coquina Shell and Limerock—Six (6) inch thick compacted to a minimum density of ninety-five (95) percent.

4.

Pavers—Manufacturers recommended for driveway and roadway use with five (5) inch thick base course of limerock compacted to ninety-five (95) percent.

Existing—The condition immediately before development or redevelopment commences.

Existing building and existing structure—Any buildings and structures for which the "start of construction" commenced before November, 1973. [Also defined in FBC, B, Section 1612.2.]

Existing Construction—Any structure for which the "start of construction" commenced before the effective date of the first floodplain management ordinance based upon specific technical base flood elevation data which established the area of special flood hazard.

Existing Grade, Front—a reference plane representing the average of existing or pre-development ground level within a Lot or Parcel along the front property line for which the structure is addressed.

Facility—The system or location used to provide for the collection, treatment or disposal of solid waste, potable water, drainage and sewage.

Family—Unless otherwise expressly provided in this section means:

(a)

One (1) individual living alone; or

(b)

One (1) of the following groups of individuals as set forth in subsection (1) or (2), but not both at the same time, who together occupy a single-family dwelling unit as one (1) nonprofit housekeeping unit and who share common living, sleeping, cooking and eating facilities:

(1)

Head of household and:

a.

All persons related to the head of household as a parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, great-grandparent or great-grandchild by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship; and

b.

Not more than two (2) additional related or unrelated persons including but not limited to, personal care or personal services provides; or

(2)

Two (2) unrelated individuals and any children of either individual, if any.

(3)

In applying this definition the existence of more than one (1) kitchen in a dwelling unit shall create a presumption that two (2) housekeeping units exist in the dwelling. The burden of disproving this presumption shall be on the person challenging it and shall be made based on a preponderance of evidence.

(4)

"Family" does not include:

a.

Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, or like organization;

b.

Any number of individuals whose association is temporary or seasonal in nature; or

c.

Any number of individuals who are in a group living arrangement as a result of criminal offenses.

Federal Emergency Management Agency (FEMA)—The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

Fixture—The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens.

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.

Flood damage-resistant materials—Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.1

Flood hazard area—The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.1

1.

The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.

2.

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

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, in 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.

Floodplain Administrator—The office or position designated and charged with the administration and enforcement of this section (may be referred to as the Floodplain Manager).

Floodplain development permit or approval—An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this section.

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 one (1) foot.

Floodway encroachment analysis—An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models.

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.

Florida Building Code—The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code. Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

Footcandle—A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.

Foundation Systems—Those structural members of a building consisting of piers, sills, girders, joists, concrete slabs or any other members designed and used to support a building upon, in or under the ground.

Frequency—The number of complete oscillation cycles per unit of time.

Frontage—The linear distance along all abutting street right-of-ways. Frontage includes oceanfront.

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

Garage Sales—The sale or offer for sale for money or other consideration of any personal property by a person or persons of a family or other household unit, on any property designated as residential or commercial on the city's future land use map or on commercial designated properties independent of any business licensed by the city to conduct retail sales. Garage sales shall be limited to twice a year for two (2) consecutive days and shall include sales commonly referred to as patio sales, driveway sales, porch sales, home sales, yard sales, rummage sales, or any other term of similar meaning. The offering for sale or sale of a motor vehicle, boat or boat trailer shall be considered a garage sale.

Garbage—Every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use in cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables; any matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies, or other germ-carrying insects; and any bottles, cans or other containers, utilized in normal household use which, due to their facility to retain water, may serve as breeding places for mosquitoes or other insects.

Glare—Direct light emitted by a luminaire that causes reduced vision or momentary blindness.

Grade—A reference plane representing the average of finished ground level adjoining the building at all exterior walls.

Grandfathered—A use made nonconforming by adoption of this Code that is allowed to remain, as long as it is continuously used and not expanded.

Gross Floor Area—The sum of the gross horizontal areas of the several floors, decks, patios and areas used for serving of or consumption of food and beverages of a building measured from the exterior face of exterior walls and outer perimeters of decks, patios and areas used for serving of or consumption of food and beverages or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six (6) feet.

Gross Vehicle Weight Rating (GVWR)—The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.

Ground Cover—Low growing plants planted in such a manner as to form a continuous cover over the ground, such as Lipiope, English Ivy, or like material.

Ground Sign—Every sign that is movable or permanently affixed to a pole or other support.

Head of Household—The person so designated on a lease agreement as the main person responsible for the payment of rent, utilities, and care of the premises; said person being required to reside on the property. A maximum of two (2) unrelated persons shall be permitted to reside with such designated head of household.

Heavy Vehicle—(a) any truck, truck tractor, or similar motor vehicle having a net weight of more than six thousand (6,000) pounds; (b) school buses; (c) any vehicle designed to carry twelve (12) or more passengers; and (d) any trailer in excess of twenty-two (22) feet in length. Recreational vehicles which are regulated under section 6.03.06 are not included in this classification. Heavy vehicles do not include trailers used to support recreational boats.

Highest adjacent grade (for the purposes of Article V)—The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

Historic structure—Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings.

Home Occupation—Any occupation performed in a dwelling unit in which there is no stock kept or sold on the premises. No person is employed unless he is a member of the immediate family residing upon the premises. No mechanical equipment is used except as is necessary for purely domestic or household purposes. There is no sign other than an unlighted name plate not more than one (1) foot square in area, or a display that will indicate from the exterior of the building that it is being used for any purpose other than a dwelling.

Hotel/Motel/Inn—A structure or group of attached or detached buildings containing individual sleeping units, with automobile storage or parking spaces provided for both guests and visitors. It is kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to guests or tenants. Sleeping accommodations, and any dining rooms, restaurants, cafes, convention spaces, gym, personal services, recreation, entertainment, museums may be in the same building or in an accessory building.

Banquet Room—Large hotel room or hall available to public for functions where food may also be served. Also called banqueting room or function room.

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Meeting Room—A meeting room is a room in a hotel where a number of people can have a meeting. (Collins English Dictionary)

Impervious Surface—Any Building, surface, concrete, pool, wet retention/detention areas, pavement or a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.

Impervious Surface Area (ISA)—-The sum of all Impervious Surfaces within a portion or portions of a proposed Development site, Project or Parcel.

Impervious Surface Ratio (ISR)—The ISR shall be calculated by dividing the total Impervious Surface Area by the total area of the proposed Development Site or Project. Alternative Porous Paving shall not count toward the ISR.

Illuminance—The level of light measured at a surface.

Illuminated Sign—A sign which contains a source of light or which is designed or arranged to reflect light from an artificial source including indirect lighting, neon, incandescent lights, back-lighting, and shall also include signs with reflectors that depend upon automobile headlights for an image.

Improvement—Any man-made, immovable item which becomes part of, is placed upon, or is affixed to real estate.

Impulsive Sound—Sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions and the discharge of firearms.

Infestation—The presence within or around a dwelling, of any insects, rodents or other pests.

Lamp—The component of a luminaire that produces the light.

Landscape Development—Trees, shrubs, ground cover, vines, or grass installed in planting areas for the purpose of fulfilling the requirements of this Code.

Landscape Dividing Strip—A landscape area containing ground cover, shrubs and trees, or other landscaping used to partition parking areas into individual bays.

Laundry, Self-Service—A business that renders a retail service by renting to the individual customer equipment for the washing, drying and other processing of laundry, with the equipment serviced by and its use and operation supervised by an attendant.

Letter of Map Change (LOMC)—An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

Letter of Map Amendment (LOMA)—An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

Letter of Map Revision (LOMR)—A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

Letter of Map Revision Based on Fill (LOMR-F)—A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

Conditional Letter of Map Revision (CLOMR)—A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

Light Direct—Light emitted directly by a lamp, off a reflector, or through a refractor of a luminaires.

Light-duty truck—As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

1.

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

2.

Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or

3.

Available with special features enabling off-street or off-highway operation and use.

Light Emitting Surface—Any part of a fixture (lamp, diffusor) which emits light rays.

Light Pollution—General sky glow caused by the scattering of artificial light in the atmosphere, much of which is caused by poorly-designed luminaries.

Light Shield—Any attachment which interrupts and blocks the path of light emitted from a luminaire or fixture.

Light Trespass—Light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located.

Long Term Rental Dwelling Unit—A dwelling unit customarily rented for a term of six (6) or more months. Unless otherwise demonstrated by the rental history of a particular property, single-family residences, duplexes, triplexes, and condominiums and apartments are included in this classification when offered for rent.

Lot—A designated parcel, tract or area of land established by plat, subdivision or as otherwise allowed by law.

Lot Depth—The distance measured in the mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite rear line of the lot.

Lot Lines—The lines bounding a lot.

Lot Width—The mean horizontal distance between side lot lines as measured at right angle to the depth.

Lot of Record—A lot that is a part of a subdivision, the map of which has been recorded in the office of the clerk of the circuit court of St. Johns County.

Lowest Floor—The lowest enclosed floor of a structure, including a basement, but not including the floor of an area enclosed only with insect screening or wood lattice as permitted by the flood damage prevention regulations in this Code.

Lumen—A unit of measurement of luminous flux.

Luminaire—The complete lighting system, including the lamp and the fixture.

Luminaire, Full Cutoff—A luminaire that allows no direct light emissions above a horizontal plane through the luminaire's lowest light-emitting part.

Luminaire, Permanent Outdoor—Any fixed luminaire or system of luminaries that is outdoors and this is intended to be used for seven (7) days or longer.

Market value—The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this section, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser.

Mangrove Stand—An assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle), white mangrove (Lanquncularia racemosa); and buttonwood (Conocarpus erecta).

Maintenance—That action taken to restore or preserve the original design and function.

Manufactured Housing—It is mass produced in a factory and is designed and constructed for transportation to a site. It is installed on-site and available for use as a dwelling when connected to required utilities. It can be constructed either as an independent, individual building or as a module for combination with other elements to form a building on the site.

Manufactured Home—A building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property.

Marquee Sign—Any sign attached to or built into a marquee. Such a sign is considered as a part of any building.

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 the flood damage prevention regulations, the term is synonymous with National Geodetic Vertical Datum (NGVD).

Meeting Room—A meeting room is a room in a hotel where a number of people can have a meeting. (Collins English Dictionary).

Minor Replat—The subdivision of a single lot or parcel of land into two (2) lots or parcels, or the subdivision of a parcel into two (2) or more lots solely for the purpose of increasing the area of two (2) or more adjacent lots or parcels of land, where there are no roadway, drainage or other required improvements, and where the resultant lots comply with the standards of this Code.

Mobile Home—A structure, transportable in one (1) or more sections, that is eight (8) body feet, or more in width and is built on an integral chassis. It is designed to be used as a dwelling when connected to the required utilities. All the plumbing, heating, air conditioning and electrical systems are contained within the unit.

Motor Vehicle—Any vehicle which is propelled or drawn by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, amphibious craft on land, dune buggies, racing vehicles, and including motorcycles.

Multifamily Dwelling—Any residential structure containing two (2) or more separate dwelling units.

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

Natural Systems—Systems which predominantly consist of or are used by those communities of plants, animals, bacteria and other flora and fauna which occur endogenously on the land, in the soil or in the water.

Net Weight—The actual scale weight in pounds of a vehicle with complete catalog equipment.

New Construction—Structures or substantial improvements for which the "start of construction" occurred on or after the effective date of this Code, the effective date of the first floodplain management ordinance based on specific technical base flood elevation data, or any structure for which the start of construction" commenced on or after November 1973, and any alteration, repair, reconstruction or improvements to a structure which is in compliance with these flood damage prevention regulations.

Nighttime—10:00 p.m. to 7:00 a.m. the following day.

Noise—Any sound which disturbs reasonable persons of normal sensitivities, or which causes an adverse psychological or physiological effect on reasonable persons of normal sensitivities.

Noise Control Official or NCO—The chief of police, and any city employees designated by the chief of police, shall each be a noise control official (NCO).

Noise Disturbance—Any sound which:

(a)

Unreasonably disturbs the quiet, comfort, or response of a reasonable person of normal sensitivities; or

(b)

Causes actual and unreasonable interference with the use and peaceful enjoyment of a residence by disrupting customary daily activities therein, including but not limited to, sleeping, studying, reading, and dining, of reasonable persons of normal sensitivities; or

(c)

Causes actual and unreasonable interference with the use of an office, store, or other building used for business, by disrupting customary daily activities therein, including but not limited to, working, of reasonable persons of normal sensitivities; or

(d)

Causes an adverse psychological or physiological effect on persons of reasonable and ordinary sensitivities; or

(e)

Endangers or injures the safety or health of humans; or

(f)

Exceeds the sound level limits set forth in section 9.02.11 of this Code.

Noise Sensitive Zone—Those zones that are created from time to time by resolution of the city commission upon a finding that the subject area contains a land use which is sensitive to or subject to adverse reactions from noise.

Nonconforming Development—Development that does not conform to the land use regulations in Article III and/or the development design and improvement standards in Article VI.

Nonconforming Sign—Any sign within the City of St. Augustine Beach on the effective date of this Code which is prohibited by, or does not conform to the requirements of, this Code; except that signs that are within ten (10) percent of the height and size limitations of this Code, and that in all other respects conform to the requirements of this Code, shall be deemed to be in conformity with this Code.

Nonmotorized Vehicle—Any vehicle without motive power designed to be coupled to or drawn by a motor vehicle, such as, but not limited to, boat trailers or luggage trailers.

Nuisance Trees—Trees that are exempted from the tree protection requirements of this Code. They are Brazilian Pepper, Malaleuca, Australian Pine.

Occupancy Permit—A permit authorizing an owner to allow the occupancy of a dwelling unit by a person who rents or leases the dwelling unit or a room therein from the owner. The permit is required in order to enforce housing and residential property maintenance standards. It shall not be relied upon by any tenant or purchaser, and it does not certify that the dwelling unit is free from defects.

Odor Standard Threshold—The minimum concentration in air of a gas, vapor or particulate matter that can be detected by the olfactory system causing significant discomfort, i.e., nausea, convulsions or tearing of the eyes.

Open Space—Land without structures or buildings either in its natural state or landscaped with vegetation and/or grasses.

Operator—Any person who has charge, care or control of a building or part thereof, in which dwelling units or rooming units are let.

Outdoor Advertising Display—Any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminated service, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner.

Outdoor Light Fixtures—Outdoor artificial illuminating devices, installed or portable, used for floodlighting, general illumination, or advertisement.

Outdoor Storage—The storage, keeping, maintaining or allowing the existence of merchandise, building materials, wood, junk, trash, debris or other similar items outside of a completely enclosed building.

Owner—A person who, or entity which, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.

Package Store—A place where alcoholic beverages with an alcoholic content in excess of fourteen (14) percent are dispensed or sold in containers for consumption off the premises.

Parcel—A unit of land within legally established property lines. If, however, the property lines are such as to defeat the purposes of this Code or lead to absurd results, a "parcel" may be as designated for a particular site by the building official.

Parking Area—A ground surface area used for the temporary parking of vehicles by employees or customers, either for compensation, or to provide an accessory service to a commercial, industrial, or residential use.

Parking Bays—A parking area subdivided into uninterrupted rows of parking spaces which are generally separated by only single or double painted lines.

Parking Lot—An area or plot of land used for the storage or parking of automobiles.

Parking Space—A ground surface area used for the temporary storage of a single vehicle to serve a primary use. Groups of spaces and abutting accessways are called parking bays.

Paved Ground Surface Area—Any paved ground surface area (excepting public rights-of-way) used for the purpose of driving, parking, storing or display of vehicles, boats, trailers and mobile homes, including new and used car lots and other open-lot uses. Parking structures, covered drive-in parking areas to the drip line of the covering or garages, shall not be considered as paved ground surface areas. Any off-street parking or loading space required under the Code shall be considered as paved ground surface area for purposes of this Code whether or not the same is paved.

Permanent—Designed, constructed and intended for more than short term use.

Person—Any individual, association, partnership or corporation and includes any officer, employee, department, agency, or instrumentality of the United States, the state, or any political subdivision thereof.

Plainly Audible—Any sound produced or reproduced by a radio, stereo, tape player, television, electronic audio equipment, musical instrument, sound amplifier or other mechanical or electronic soundmaking device, that can be clearly heard by a person using his normal hearing faculties at a distance of two hundred (200) feet or more from the real property boundary of the source of the sound.

Planned Unit Development—The development of land under unified control that is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A "planned unit development" must also include a program for the provision, maintenance and operation of all areas, improvements, facilities and necessary services for the common use of all occupants thereof.

Planting Area—Any area designed for landscape planting having a minimum of ten (10) square feet of actual plantable area and a minimum inside dimension of eighteen (18) inches on any side.

Plaza—All those open areas, parks, or plazas as depicted on the map of plazas (formerly known as the "Map of Parkettes") on file and available for public inspection in the office of the city manager.

POD storage type units—Units that are delivered to a business or residence for purposes of temporary storage or packing of goods for moving purposes. Typically, a storage unit that is designed and marketed as being temporary in nature but may include storage units that by use become permanent in nature.

Political Sign—Any sign erected by a political candidate, group or agent thereof, for the purpose of advertising a candidate, or stating a position regarding an issue upon which the voters of the city shall vote.

Post, Pedestal or Column Sign—Every sign mounted on a post, pedestal or column.

Private School—A nonpublic school as defined by F.S. § 229.808(2) or 1002.01(2).

Premises—A lot, plot or parcel of land, including the buildings or structures thereon.

Projection Sign—Any sign affixed to the wall of any building or structure and extending beyond the building wall, structure, building line or property line more than twelve (12) inches.

Protected Tree—Any tree that has a DBH of more than six (6) inches, and native southern red cedar (Juniperous silicicola) with a DBH greater than two (2) inches, and which is not otherwise exempted from this Code. For the purpose of this Code, all mangroves are hereby declared to be protected trees. In addition, all palms with at least four and one-half (4½) feet of clear trunk between the ground level and the lowest branch are declared to be protected trees. Any tree approved as part of a Development Permit, regardless of size, is a Protected Tree.

Public Right-of-Way—Any street, sidewalk, alley, and other place normally accessible to the public which is owned or controlled by a governmental entity.

Public Space—Any real property owned or controlled by a governmental entity which has on it a building that is open to the general public during its hours of operation.

Rate—Volume per unit of time.

Real Property Boundary (as such words are used in relation to the control of sound and noise)—The perimeter of a lot or parcel of real property, and its vertical extension, which separates the real property owned by one (1) person from that owned by another person.

Reasonable Time (as such words are used in relation to the control of sound and noise)—Five (5) minutes as to sound produced by a sound amplifier, and fifteen (15) minutes as to sound produced by any other source.

Reconstruction—Rehabilitation or replacement of a structure or structures which either have been removed or damaged, or altered to an extent of seventy (70) percent or more of the assessed valuation of such structure or structures or seventy (70) percent of the combined assessed valuation of such structure and land as shown on the most recent tax roll of the county.

Recreational Facilities—An area or areas of land dedicated or set aside for use by general public for recreational or parklands, or set aside for such uses for the residents of a subdivision.

Recreational Vehicle—A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor home. Typified by Built on a single chassis; Four hundred (400) square feet or less when measured at the largest horizontal projection; Designed to be self-propelled or permanently towable by a light-duty truck; and Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Remove—To relocate, cut down, damage, poison, or in any other manner destroy or cause to be destroyed, a tree.

Residence or Residential Unit (as such words are used in relation to the control of sound and noise)—Any dwelling unit as defined in section 2.00.00, alone or in a building containing more than one (1) dwelling unit, and including but not limited to single family houses, duplexes, and condominium units; and also sleeping accommodations in hotels and motels. Any reference within this Code relating to the control of sound and noise to a "residence" includes residential units.

Residential or Residential Land Use or Residential Property (as such words are used in relation to the control of sound and noise)—Any property on which is situated a residence or residential units.

Restaurant—An establishment, place or premises where provisions are made on or within the premises to sell, dispense, or serve food, refreshments or beverages ordered from a menu for pay. On premise provisions also includes preparing food, refreshments or beverages on site. Service is primarily for consumption on the premises in a completely enclosed room, under the roof of the main Structure, or an interior court but also includes service for offsite consumption.

Retention—The collection and storage of runoff without subsequent discharge to surface waters.

Roadway Lighting—Permanent outdoor luminaries that are specifically intended to illuminate roadways for automotive vehicles.

Roof Line—A horizontal line intersecting the highest point or points of a roof.

Roof Sign—A sign placed above the roof line of a building or on or against a roof slope.

Rubbish—Combustible and noncombustible waste materials, except garbage including the residue from the burning of wood, coal, coke or other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal mineral matter, glassware, and scrap lumber or other building debris.

Runoff Coefficient—Ratio of the amount of rain which runs off a surface to that which falls on it; a factor from which run-off can be calculated.

Sand Dunes—Naturally occurring accumulations of sand in ridges or mounds landward of the beach. This includes all or portions contained within any lot, development site, or parcel.

Sediment—The mineral or organic particulate material that is in suspension or has settled in surface or ground waters.

Semi-Trailer—A trailer supported by wheels used for the moving of goods commonly fifty-three (53) feet in length. Typically having front landing gear legs with the weight of the trailer being supported by the tow vehicle but may have separate front axle assembly or dolly.

Service Station—Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories and in connection with which is performed general automotive servicing as distinguished from automotive repairs.

Shall—The word "shall" is to be construed as being mandatory and not directory.

Shingle Sign—A projection or wall sign with a surface area of less than six (6) square feet, constructed of metal or other non-combustible material attached securely to a building.

Shopping Center—Five (5) or more stores on a site, with each store having its own enclosed premises, zero set-backs between the stores, and a minimum of ten thousand (10,000) square feet of gross floor area.

Short Term Rental Dwelling Unit—A dwelling unit customarily rented for a term of less than six (6) months. A condominium unit is usually included in this classification when offered for rent, unless otherwise indicated by the unit's rental history.

Shrub—Means a self-supporting woody species of plant characterized by persistent stems and branches springing from the base or berm.

Sign—Any writing, pictorial presentation, number, illustration, or decoration, flag, banner or pennant, or other device which is used to announce, direct attention to, identify, advertise or otherwise make anything known.

Sign Face Area—The area of any regular geometric shape which contains the entire surface area of a sign upon which copy may be placed.

Single-Family Dwelling—A structure containing one (1) dwelling unit, and not attached to any other dwelling unit by any means.

Site—Generally, any tract, lot or parcel of land or combination of tracts, lots, or parcels of land that are in one (1) ownership, or in diverse ownership but contiguous, and which are to be developed as a single unit, subdivision, or project.

Sound—An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristics of such sound, including duration, intensity and frequency.

Sound Amplifier—Any radio, stereo, tape player, television, electronic audio equipment, musical instrument, or other mechanical or electronic device, that produces, reproduces, or amplifies sound.

Sound Level—The weighted sound pressure level as measured in db(A) by a sound level meter and as specified in American National Standards Institute specifications for sound level meters ANSI S1.4-1971, et seq., (R1976) or its successor. If the frequency weighting employed is not indicated, the A-weighting shall apply.

Sound Level Meter—An instrument which includes a microphone, an amplifier, an output meter, and frequency weighting networks, used to measure sound levels.

Sound Pressure Level—Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference of twenty (20) micronewtons per square meter. RMS sound pressure means the square root of the time averaged square of the sound pressure.

Special Event—Any fair, festival, athletic event, firework display, exhibition, arts and crafts show, or similar event, occurring upon any privately owned commercial property which will attract the attendance of members of the general public.

Special flood hazard area—An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 1612.2.]

Standard Methods—Methods of measurement established by a nationally recognized board.

Start of Construction—The actual start means the first placement of permanent construction for a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation.

Start of Construction (for the purposes of Article 5)—Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start date 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 piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building.

State—The State of Florida.

Stilts—Posts or piles on which a building is supported to raise it above ground level.

Storage Container—A self-contained unit with no wheels, typically being transported on a semi-trailer for moving of goods, and including any containerization, freight-based transport container, or steel intermodal container, whether or not built on standardized dimensions.

Stormwater—The flow of water which results from, and that occurs immediately following, a rainfall.

Stormwater Management System—The system, or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site.

Stormwater Runoff—That portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system.

Story—That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

Story, Half—A story under a gabled, hipped or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the finished floor of the story.

Street—A public thoroughfare that affords principal means of access to abutting property.

Street Line—The line between the street and abutting property.

Structural Alterations—Any change, except for repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders, floor joists or roof joists.

Structure—Anything constructed or erected, the use of which requires permanent or temporary location upon the land. Structure includes a walled and roofed building that is prinicipally above ground, a manufactured home, a gas or liquid storage tank, and any tents, lunch wagons, diners, recreational vehicles or trailers on wheels or other man-made facilities, supports or infrastructures intended to be utilized in conjunction with the use of the property upon which the structure is situated.

Subdivision—A division of a lot, tract or parcel of land or water into more than two (2) lots, plats, sites or other subdivisions of land or water for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorage, right-of-way dedication, or other use.

Substantial damage—Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.]

Substantial Improvement—Expansion of a building by more than twenty-five (25) percent or more than four thousand (4,000) square feet, whichever is less.

Substantial Improvement (for the purposes of Article 5)—Any repairs, reconstruction alteration or improvement to a building, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. 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 which are solely necessary to assure safe living conditions.

Supplied—Paid for, furnished or provided by or under control of the owner or operator.

Surface Water—Water above the surface of the ground whether or not flowing through definite channels. This includes any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline; or any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks. All wetlands are classified as surface water.

Temporary Housing—Tents, plastic or tar paper lean-to's and similar structures of a temporary nature not meeting any of the requirements of this article.

Temporary Sign—Any sign intended for short term use such as a garage sale, real estate "For Sale" or "For Rent", and on site contractor sign normally not requiring a permit.

Trailer—Any vehicle or structure used for living and sleeping purposes and that is equipped with wheels or similar devices used for transporting the unit from place to place. Trailer, as such word is used in section 6.03.10 and in the definitions of "commercial trailer" and "heavy vehicle," shall mean any vehicle without motive power designed to be coupled to or drawn by a motor vehicle. Without limitation of the foregoing, a semitrailer is deemed to be a trailer.

Transient Lodging Establishments—Any unit, group of units, dwelling, building, group of buildings within a single complex of buildings, or any similar place which is rented for a period of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to transients. The following uses are excluded from the definition of transient lodging establishments:

(a)

Any hospital, nursing home, sanitarium, adult congregate living facility, or other similar care facility.

(b)

Any condominium common elements not containing sleeping accommodations such as swimming pools, club houses, tennis courts or similar elements.

(c)

Child care in the home.

(d)

Bed and breakfast.

(e)

Rooming house.

Transportation Concurrency—Transportation facilities needed to serve new development shall be in place or under actual construction within three (3) years after the local government approves a building permit or its functional equivalent that results in traffic generation.

Tree—A self-supporting woody plant of a species that normally grows to a minimum overall height of fifteen (15) feet and has an average mature crown spread greater than fifteen (15) feet within the county. A sabal palm (cabbage) is considered a tree, however, the total number of sabal palms used shall not exceed thirty (30) percent of the trees required to be on site.

Tree Protection Zone—A circular zone around each protected tree. If the drip line is less than six (6) feet from the trunk of the tree, the zone shall be that area within a radius of six (6) feet around the tree. If the drip line is more than six (6) feet from the trunk of the tree, but less than twenty (20) feet, the zone shall be that area within a radius of the full drip line around the tree. If the drip line is twenty (20) feet or more from the trunk of the tree, the zone shall be that area within a radius of twenty (20) feet around the tree.

Truck—Any motor vehicle which is designed or used principally for the carriage of goods.

Truck Tractor—A motor vehicle which has four (4) or more wheels and is designed and equipped with a fifth wheel for the primary purpose of drawing a semi-trailer that is attached or coupled thereto by means of such fifth wheel and which has no provision for carrying loads independently.

Variance, Floodplain—A grant of relief from the requirements of the flood damage prevention regulations or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner otherwise prohibited by the flood damage prevention regulations or the Florida Building Code or where specific enforcement would result in unnecessary hardship.

Variance, Zoning—A grant of relief to deviate from current requirements typically when property owners have a practical difficulty or hardship making use of their property.

Vehicle—A form of transportation, including motorized and non-motorized vehicles designed and required to be licensed for use upon a highway in the state.

Vehicle Use Area—An area used for circulation, parking, and/or display of motorized vehicles, except junk or automobile salvage yards.

Vine—Any of a group of woody or herbaceous plants that may climb by twining, by means of aerial rootlets or by means of tendrils, or which may simply sprawl over the ground or other plants.

Wall Height—The vertical distance to the top, measured from the foundation wall or from a girder or other intermediate support of such wall.

Wall Sign—Any outdoor advertising display sign affixed to the wall of any building, projecting not more than twelve (12) inches from the building.

Weekday—Any day Monday through Friday inclusive.

Wetland—Land that is 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 term includes, but is not limited to, swamp hammocks, hardwood swamps, riverine cypress, cypress ponds, bayheads and bogs, wet prairies, freshwater marshes, tidal flats, salt marshes, mangrove swamps, and marine meadows.

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 in this Code.

Year—See section 1-2 of the Code of Ordinances.

(Ord. No. 18-02, § 1(Exh. 1), 4-2-2018