§ 156.008. Definitions.

(A)

For the purpose of this chapter, the following definitions shall be in general, and have the meaning herein indicated.

(1)

Words used or defined in one (1) tense or form shall include other tenses or derivative forms.

(2)

Words in the singular shall include the plural and words in the plural shall include the singular.

(3)

The masculine gender shall include the feminine and the feminine shall include the masculine.

(4)

The specific shall control the general.

(5)

The words "shall" or "will" are mandatory.

(6)

The word "may" is permissive.

(7)

The word "includes" shall not limit a term to the specified examples, but is intended to intend its meaning to all other instances or circumstances of like kind or character.

(8)

The words "used" and "occupied" include the words "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," and "intended to be used or occupied."

(9)

The words "lot" includes "plot," "parcel" and "tract."

(10)

The word "structure" includes the word "building" as well as other things or facilities constructed or erected on the ground, underground or requiring construction or erection on the ground or underground.

(11)

The word "land" includes "water surface" and "land under water."

(B)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Abutting property. Any property that is immediately adjacent to or contiguous with property that may be subject to any hearing required to be held under these regulations or that is located immediately across any road or public right-of-way from the property subject to any hearing under these regulations.

Access. The principle means of ingress and egress to a lot from a dedicated right-of-way.

Aisle. The traveled way by which cars enter and depart parking spaces.

Applicant. A developer submitting an application for development.

Application for Development. The application form and all accompanying documents required by ordinance for approval of a subdivision plat.

Block. A group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by street or other physical barriers and having an assigned number, letter or other name through which it may be identified.

Building. Any structure, temporary or permanent, which has a roof impervious to weather, a fixed base on a fixed connection to the ground and is used or built for the shelter or enclosure of persons, animals or property.

Building Line. The rear or inner edge of any required front, side or rear yard or the rear or inner edge of any required setback line. Except as specifically provided by this chapter, no building or structure may be extended to occupy any portion of a lot streetward from the building line.

Comprehensive Plan. The Future Land Use Plan and elements thereof as adopted by the City in accordance with the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act.

Concept Plan. A preliminary presentation and attendant documentation of a proposed subdivision of sufficient accuracy to be used for the purpose of discussion and classification. It describes the basic parameters of a major development proposal, rather than giving full engineering details. As such, it allows general intentions to be proposed and discussed without the extensive costs involved in submitting a detailed proposal.

Dedication. An act transferring ownership of property or interest thereto.

Detention Area. An excavated area, usually with low end of the site, intended to temporarily store stormwater runoff.

Developer. Any person including a governmental agency, undertaking any development as defined in this chapter.

Development. A planning or construction project invoking substantial property improvement and, usually, a change of land use character within the site; the act of using land for building or extractive purposes.

Drainage. The removal of surface water or groundwater from land by drains, grading or other means.

Easement. A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

Environmental Constraints. Features, natural resources or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.

Erosion. The detachment and movement of soil or rock fragments, or the weaving away of the land surface by water, wind, ice and gravity.

Final Approval. The official action of the City Council taken on a preliminary approved subdivision, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion or approval conditioned upon the posting of such guarantee.

Final Plat. The final map of all or a portion of a subdivision which is presented for approval, showing all building lots, easements, rights-of-way and other information necessary for providing the detailed description of the subdivision of a parcel of land.

Impervious Surface. All surface area of a lot or parcel, including portions occupied by buildings or structures, where surface drainage waters are unable to freely percolate downward through the natural soils.

Improvement. Any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate, such as street pavement, curb and gutter, sidewalk, alley pavement, walkway pavement, water main, sanitary sewer, storm sewer or drain, street name, sign, landscaping, permanent reference monument (PRM), permanent control point (PCP) or any other improvement required by the site plan review committee.

Land Surveyor. A land surveyor registered under F.S. ch. 472 who is in good standing with the Florida State Board of Professional Engineers and Land Surveyors.

Lot. A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

Lot Area. The size of a lot measured within the lot lines and expressed in terms of acres or square feet.

Lot Depth. The distance between the midpoints of straight lines in front and the rearmost points of the side lot lines in the rear.

Lot Frontage. That portion of a lot extending along a street line.

Lot of Record. Land designated as a separate and distinct parcel on a legally recorded subdivision plat.

Lot Width. The distance between side lot lines measured on the front building line.

Major Subdivision. The division of a lot, tract or parcel of land, whether improved or unimproved, into three (3) or more lots, tracts, parcels or other divisions of land for the purpose, whether immediately or future, of transfer of ownership, development or lease. (Also see "Subdivision.")

Maintenance Guarantee. Any security which may be required and accepted by a governmental agency to ensure that necessary improvements will function as required for a specific period of time.

Master Plan. A comprehensive long-range plan intended to guide the growth and development of a community or region. Includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities and land use.

Minor Subdivision. The division of a lot, tract or parcel of land, whether improved or unimproved, into two (2) tracts, parcels or other divisions of land for the purpose, whether immediately or future, of transfer of ownership, development or lease. (Also see "Subdivision.")

Mulch. A natural layer of plant residue, such as straw, covering the land surface, which conserves moisture, holds soil in place, aids in establishing plant cover and minimizes temperature fluctuation.

Nonresidential Subdivision. A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.

Open Space. Land devoid of any structure or buildings except for minor pavilions, landscape structures or terraces and designed and maintained for recreation or leisure-time enjoyment, buffer areas, drainage or conservation.

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

Performance Guarantee. Any security that may be accepted by a municipality as a guarantee that the improvements required as part of an application for development are satisfactorily completed.

Permanent Reference Monument. A monument according to F.S. § 177.031.

Pervious Surface. A surface that permits absorption of storm water.

Plat. A map or delineated representation of the subdivision of lands, being complete, exact representation of the subdivision and other information in compliance with the requirement of all applicable statutes and of local ordinances, and may include the terms "replat," "amended plat" or "revised plat."

Pre-Application Conference. An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally.

Preliminary Approval. The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the site plan review committee and the applicant.

Preliminary Subdivision Plat. A map indicating the proposed layout of a development and related information that is submitted for preliminary approval.

Principle. A broad and basic rule but not measurable. Accompanied by the words "shall" or "will."

Retention Area. Water storage area with bottom elevation lower than one (1) foot above the control elevation of the area.

Resubdivision. A change in a map of an approved or recorded subdivision if such change affects any street layout on such map or area reserved thereon for public use, or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. (Also see "Subdivision.")

Right-of-Way. A strip of land dedicated, deeded, occupied or intended to be occupied by a street, walkway, boulevard, road, avenue, alley or other means of ingress or egress, railroad, electric transmission line, gas pipeline, water main, sanitary main, storm water main, swale, ditch or other drainage facility or structure, shade trees or for another special use.

Runoff. A term generally used to describe the quantity of stormwater that is unable to soak into the ground and which flows over land following a storm to a lower elevation.

Sedimentation or Siltation. The process by which mineral or organic matter is removed from its site or origin, transported and subsequently deposited by air, water or mechanical activities.

Setback. An imaginary line running parallel to a front, side or rear property line and establishing the rear edge of a yard or open area in which no building, structure or use may be placed or established, unless otherwise permitted herein.

Siltation Basin. A temporary depression formed through construction of a barrier or dam or by excavation, the purpose of which is to retard the movement of and trap sediment, silt and debris during construction or other land alteration activities.

Site Plan Review Committee. A committee established by chapter 158 of this Code. The Committee reviews, comments and makes recommendations with respect to subdivision applications, written requests for variances from the terms of this chapter and exceptions from requirements for subdivision approval requests to the Planning and Zoning Board and City Council.

Specimen Tree. A tree which is of high value because of its type, size, age or other relevant criteria.

Standard. A fixed measurable requirement which is not flexible.

Street. A public or approved private thoroughfare which affords the principle means of access to abutting property. Street includes a lane, way, place, drive, boulevard, road, avenue, alley or other means of ingress or egress, regardless of the descriptive term used.

Street, Approved Private. A private thoroughfare which affords the principal means of access to abutting property and which has been specifically approved for said access by official action of the City Council, but the maintenance and upkeep of which remains the responsibility of the owner or owners of record.

Street, Arterial. Any street or thoroughfare so designated by official action of the City Council or designated as such within the Comprehensive Plan. Arterial streets and highways are intended to serve moderate to large traffic volumes traveling relatively long distances.

Street, Collector. Any street or thoroughfare so designated by official action of the City Council or designated as such within the Comprehensive Plan. Collectors are intended to serve as the connecting link for local streets and highways end to provide intra-neighborhood transportation. The traffic characteristics generally consist of relatively short trip lengths and moderate speeds and volumes. Access to collectors should be restricted to local streets and highways and major traffic generators. Collectors should penetrate neighborhoods without forming a continuous network, thus discouraging through traffic which is better served by arterials.

Street, Local. Any street not designated as a collector or arterial street. The primary function of a local street or highway is to serve the adjacent property by providing the initial access to the highway network. These facilities are characterized by short trip lengths, low speeds and small traffic volumes. The design of the network should be directed towards eliminating through traffic from these facilities.

Subdivision. The division of a lot, tract or parcel of land, whether improved or unimproved, into two (2) or more lots, tracts, parcels or other divisions of land for the purpose, whether immediately or future, of transfer of ownership, development or lease, or, if the establishment of a new street is involved, any division of such lot, tract or parcel. The term includes a resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

Survey Data. All information shown on the face of a plat that would delineate the physical boundaries of the subdivision and any parts thereof.

Use. The purpose for which land, water or a structure thereon is designated, arranged or intended to be occupied, utilized or for which it is occupied or maintained. The use of land or water in the various zoning districts is governed by this chapter.

Utilities. Any publicly or privately operated utility, such as but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, telephone and television cable systems.

Variance. A relaxation of the terms of this chapter where a variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the requirements of this chapter would result in unnecessary and undue hardship on the land.

(Ord. 94-7, passed 3-14-94; Ord. No. 99-42, § 1, 6-28-99)