Appendix B. GLOSSARY  


Latest version.
  • For the purpose of this Code, certain terms or words used herein shall be interpreted as follows unless specialized definitions are provided elsewhere in this Code:

    Five-year frequency one-day duration storm event. A storm event and associated rainfall during a continuous one-day period that may be expected to occur once every five years. Its associated floodplain is that land which may be expected to be flooded during the storm event.

    Ten-year frequency one-day duration storm event. A storm event and associated rainfall during a continuous one-day period that may be expected to occur once every ten years. Its associated floodplain is that land which may be expected to be flooded during the storm event.

    25-year floodplain. Area subject to flooding in a 25-year storm event.

    25-year frequency 24-hour duration storm event. A storm event and associated rainfall during a continuous 24-hour period that may be expected to occur once every 25 years. Its associated floodplain is that land which may be expected to be flooded during the storm event.

    25-year frequency three-day duration storm event. A storm event and associated rainfall during a continuous three-day period that may be expected to occur once every 25 years. Its associated floodplain is that land which may be expected to be flooded during the storm event.

    100-year storm event. Storm of a magnitude that can be expected to occur every 100 years.

    Accessory use or structure. A use or structure of a nature customarily incidental and subordinate to the principal use or structure and, unless otherwise provided, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory building. A facility for the service of malt, vinous, or other alcoholic beverages shall be deemed an accessory use for a motel, hotel, boatel, private club, country club, yacht club, or golf club provided all other applicable requirements of state law and county regulations are met.

    Accident potential hazard area. An area within 5,000 feet of the approach or departure end of a runway or in proximity to an airport [in] which aircraft may maneuver after takeoff or before landing and [aircraft] are subject to the greatest potential to crash into a structure or the ground.

    Adjacent lot. See Lot, adjacent.

    Affordable housing. "Affordable" means that contract rent or mortgage payments, insurance, property taxes and homeowner's association fees, where applicable, do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross income for households qualifying under subsection (18), subsection (19) or subsection (23) of Ordinance No. 93-2.

    Affordable housing project. A single-family housing development in which at least 20 percent of the units are affordable to households at or below 80 percent of median family income for the area, or a multi-family development in which at least 30 percent of the units are affordable to households at or below 50 percent of median family income for the area.

    Agricultural uses. Activities within land areas which are predominantly used for the cultivation of crops and livestock including: cropland; pastureland; orchards; vineyards; nurseries; ornamental horticulture areas; groves; confined feeding operations; specialty farms; and silviculture areas.

    Agriculture zone. See section 2.04.01.

    Agricultural use plan. A formal document which describes the controlled use of residuals as part of a planned agricultural operation.

    Airport. Okeechobee County Municipal Airport.

    Airport elevation. The highest point of an airport's usable landing area measured in feet above mean sea level.

    Airport obstruction. Any structure or object of natural growth or use of land which would exceed the federal obstruction standards as contained in 14 CFR 77.21, 77.23, 77.25 and 77.28 or which obstructs the airspace required for flight of aircraft in landing and takeoff at an airport or is otherwise hazardous to such landing or takeoff of aircraft.

    Airspace height. To determine the height limits in all zones set forth in this Code, the datum shall be mean sea level elevation (AMSL) unless otherwise specified.

    Alley. A public or private way which affords only a secondary means of access to property abutting thereon.

    Alteration. Alter or alteration shall mean any change in size, shape, occupancy, character, or use of a building or structure.

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

    Appeal. A request for a review of the building official's interpretation of any provisions of this ordinance or a request for a variance.

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

    Area of shallow flooding. A designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

    Area of special flood hazard. The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

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

    Automobile wrecking or automobile wrecking yard. The dismantling or disassembling of used motor vehicles, trailers, mobile homes, manufactured homes or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles, trailers, mobile homes, manufactured homes or their parts as part of any operation for profit or where any of the material is sold to third parties.

    Automotive service station. An establishment whose principal business is the dispensing at retail of gasoline and oil and where grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail.

    Attorney. County Attorney for the County of Okeechobee.

    Availability or available. With regard to the provision of facilities and services concurrent with the impacts of development, means that at a minimum the facilities and services will be provided in accordance with the standards set forth in rule 9J-5.0055(2), Florida Administrative Code.

    Bar, cocktail lounge or saloon. Any establishment devoted primarily to the retailing and on-premises drinking of malt, vinous, or other alcoholic beverages, or any place where any sign visible from public ways exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

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

    Bicycle facilities. Any road, path or way which is open to bicycle travel and from which motor vehicles are excluded.

    Blighted areas. Developed areas which have deteriorated through neglect or abandonment and which could benefit the community if redeveloped.

    Block length. Length between centerline of intersecting streets.

    Boarding house or rooming house. A dwelling used for the purpose of providing meals or lodging or both to persons other than members of the family occupying such dwelling, or any unit designed, constructed or marketed where the individual bedrooms are leased separately and have shared common facilities. This definition shall not include a nursing home, community residential home, drug or alcohol rehabilitation facility, half-way house, camp, retreat or other similar lodging.

    Boat livery. A premises or site used as a commercial establishment for the provision of: rental of covered or uncovered boatslips or dock space or enclosed dry storage space, rental and/or sale of boats and boat motors, repair and maintenance of boats and boat motors, marine fuel and lubricants, bait and fishing equipment, on-shore restaurants, and small boat hauling or launching facilities. Such premises or site shall not include boat and/or motor manufacturing as an incidental use. See Marina.

    Boat yards and ways. A premises or site used as a commercial establishment for the provision of all such facilities as are customary and necessary to the construction or reconstruction or repair or maintenance or sale of boats or marine engines or marine equipment and supplies of all kinds including, but not limited to, rental of covered or uncovered boatslips or dock space or enclosed dry storage space or marine railways or lifting or launching services.

    Borrow pit. Parcel of land not exceeding 50 acres in size in which rock, shell, sand, or any other minerals are excavated and transported to another parcel of land for use as fill for construction or any other purpose.

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

    Buildable area. The portion of a lot remaining after required yards have been provided. Buildings may be placed in any part of the buildable area, but limitations on percent of the lot which may be covered by buildings may require open space within the buildable area.

    Building. Any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the shelter or enclosure of persons, animals, chattels, property of any kind, or created to shelter any form of human activity. This definition shall include tents, awnings, cabanas, or vehicles situated on private property and serving in any way the function of a building but does not include screened enclosures not having a roof impervious to weather. See also Structure and part 1.08.00 of this Code.

    Building, height of. The vertical distance measured from the curb level to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge gable, hip and gambrel roofs. For buildings set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building provided its distance from the street line is not less than the height of such grade above the established curb level. (See section 7.09.01D "Exclusions from Height Limits.")

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

    Building site. The lot or lots or portion of a lot or lots used for a structure, the total area of which lots is ascribed to the building or structure for compliance with this Code.

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

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

    Carport. An accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

    Change of occupancy. The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution therefor of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

    Child care center. An establishment where three or more children, other than members of the family occupying the premises, are cared for. The term includes day nurseries, kindergartens, day care service, day care agency, nursery school, or play school. The term does not include foster homes.

    Class A residuals - Residuals that meet Class A pathogen reduction requirements of Rule 62-640.600(1)(a), FAC. This definition specifically excludes Class AA residuals.

    Class B residuals - Residuals that meet Class B pathogen reduction requirements of Rule 62-640.600(1)(b), FAC. This definition specifically excludes Class AA residuals.

    Clinic, medical or dental (but not pain management (clinic). An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is regulated by the State of Florida.

    Clinic, pain management. The same as the definition found in F.S. (2010) § 458.3265(1)(a), as may be amended from time to time. Such definition shall not include any of the following:

    1.

    A clinic that is licensed as a facility pursuant to F.S. ch. 395; or

    2.

    A majority of the physicians who provide services in the clinic primarily provide surgical services; or

    3.

    The clinic is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50 million; or

    4.

    The clinic is affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows; or

    5.

    The clinic does not prescribe or dispense controlled substances for the treatment of pain; or

    6.

    The clinic is owned by a corporate entity exempt from federal taxation under 26 U.S.C. s. 501(c)(3); or

    7.

    A facility that is owned or operated by a chiropractic physician licensed under F.S. ch. 460, and does not contract or employ a physician licensed under F.S. ch. 458 or 459, who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications for the treatment of chronic nonmalignant pain.

    8.

    A clinic that is associated with a not-for-profit hospice care provider.

    Club, night. A restaurant, dining room, bar, or other similar establishment providing food or refreshments wherein paid floor shows or other forms of paid entertainment are provided for customers as a part of the commercial enterprise.

    Club, private. For the purpose of this Code, private clubs shall pertain to and include those associations and organizations of a fraternal or social character, not operated or maintained for profit, and to which there is no unrestricted public assess or use. The term "private club" shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.

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

    Code inspector. Those authorized agents or employees of the County of Okeechobee whose duty it is to insure code compliance, specifically the building official and director of planning and development and his staff.

    Collector road. A roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads collect and distribute traffic between local roads or arterial roads.

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

    Commercial zone. See section 2.04.07.

    Community residential home shall mean a dwelling unit licensed to serve clients of the state department of health and rehabilitative services, which provides a living environment to unrelated "residents" who operate as the functional equivalent of a family, including such supervision and care by support staff as may be necessary to meet the physical, emotional, and social needs of the "residents." The term "resident" as used in relation to community residential homes shall have the same meaning as stated in F.S. § 419.001(1)(d), as may be amended or replaced.

    Completely enclosed building. A building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

    Comprehensive plan. The Okeechobee County comprehensive plan or elements or portions thereof prepared, adopted, or amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, as amended.

    Concurrency. The condition that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur.

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

    Concurrent with the impacts of development. Pursuant to § 9J-5.0055(2), FAC, concurrent with the impacts of development shall be satisfied when: the necessary facilities and services are in place at the time a development permit is issued; or a development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or that the necessary facilities are under construction at the time a permit is issued; or that the necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of concurrency as defined. For recreation facilities, concurrency may also be met by adherence to § 9J-5.0055(2)(b), FAC. For roads, concurrency may also be met by adherence to § 9J-5.0055(2)(c), FAC.

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

    Conservation uses. Activities within land areas designated for the purpose of conserving or protecting natural resources or environmental quality and includes areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, fisheries management, or protection of vegetative communities or wildlife habitats.

    Consistency. Comprehensive plans are considered to be consistent with each other when land uses, proposed land uses, and impacts from proposed development are compatible with, or not in conflict with, land uses, proposed land uses or impacts from proposed development in an adjacent city or county.

    Construction, actual. Actual construction includes the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition, excavation, or removal of an existing structure has been substantially begun preparatory to new construction, such excavation, demolition, or removal shall be deemed to be actual construction provided that work shall be continuously carried on until the completion of the new construction involved. Fill and the installation of drainage facilities shall be considered a part of construction. Actual construction shall include only work begun under a valid building permit.

    Construction, new. Structures for which the "start of construction" commenced on or after the effective date of this Code. "New mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this Code.

    Construction, start of. The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

    Convalescent home. See Nursing home.

    County. Shall mean the County of Okeechobee, Florida.

    Coverage of a lot by buildings. That percentage of lot area that is covered or occupied by buildings, including accessory buildings, or that percentage of a lot that may be covered or occupied by buildings, including accessory buildings, under the terms of this Code.

    Currently available revenue sources. An existing source and amount of revenue presently available to the local government. It does not include a local government's present intent to increase the future level or amount of a revenue source which is contingent on ratification by public referendum.

    Day nursery. See Child care center.

    Debris. See Rubble or debris.

    Decent, safe and sanitary housing. A dwelling unit which meets applicable housing and occupancy codes. A dwelling unit which, at a minimum: is structurally sound, weathertight, and in good repair; contains a safe electrical wiring system adequate for lighting and other devises; contains a heating system capable of sustaining a healthful temperature (of approximately 70 degrees); is adequate in size with respect to the number of rooms and area of living space; and contains unobstructed egress to safe, open space at ground level.

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

    Density. The average number of families, persons or dwelling units per unit of land, usually expressed "per acre." "Density control" is a limitation on the occupancy of land, and is generally implemented through zoning. Specific methods include use restrictions, such as single- or multiple-family dwellings, minimum lot size requirements, floor area ratio, setback or yard requirements, minimum house size requirements, lot area requirements, or other means. "Density transfer" permits unused allowable densities in one area to be used in another area. The average density over an area or parcel remains constant, but internal variations are allowed. "Net density" refers to number of units per buildable acre of land, excluding supporting facilities such as subdivision road rights-of-way, water and wastewater treatment plants, and property owned or used in common by the residents of a development (e.g., clubhouse or golf course). "Gross density" refers to the overall number of units per acre in a development, including all supporting facilities.

    Density bonus. An additional number of dwelling units above what would otherwise be permissible within a particular zoning classification or future land use classification. When applied to a future land use classification, a density bonus may only be granted when, at a minimum, all housing units that exceed the maximum density permissible within that classification meet the definition of affordable for those of low and moderate income.

    Department. Department of planning and development of Okeechobee County.

    Developer. Any person, including a governmental agency, undertaking any development.

    Development. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

    Development. The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.

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

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

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

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

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

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

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

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

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

    Development site. One or more parcels of land unified under common ownership which constitutes the entire area of development shown on a site plan or subdivision plat. Development site must include all land needed for parking, retention areas, internal access roads or driveways, landscaping, and other physical design features needed to serve the proposed development.

    Director. See Director of planning and development.

    Director of planning and development. The administrative office or agency responsible for administering zoning within each of the political subdivisions that adopt this Okeechobee County Airport Land Use Ordinances [sic].

    Districts. Zoning districts as established in part 2.03.00 and sections contained therein.

    Domestic farm animal. All animals of the equine, bovine or swine class, including goats, sheep, mules, horses, hogs, cattle and other grazing animals; poultry, including chickens, turkeys, ducks, geese and guineas; ostriches, emus and rheas.

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

    Drive-in restaurant or refreshment stand. Any place or premises where provision is made on the premises for the selling, dispensing, or serving of food, refreshments, or beverages in automobiles and/or in other than a completely enclosed building on the premises, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in automobiles on the premises and/or in other than a completely enclosed building on the premises. A restaurant which provides drive-in facilities of any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant for purposes of this Code. A barbecue stand or pit having the characteristics noted in this definition shall be deemed a drive-in restaurant. (See also Restaurant. )

    Drive-in theater. A place of outdoor assembly used for the showing of motion pictures and similar forms of entertainment which is designed to permit the audiences to view the performance from self-propelled vehicles parked within the theater enclosure.

    Dwelling, generally. Any building, or part thereof, occupied, in whole or in part, as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently, with cooking and sanitary facilities.

    Dwelling, one-family or single-family. A building containing only one dwelling unit. For regulatory purposes the term is not to be construed as including manufactured homes, mobile homes, travel trailers, recreational vehicles, housing mounted on self-propelled or drawn vehicles, tents, houseboats, or other forms of temporary or portable housing.

    Dwelling, two-family or duplex. A building containing only two dwelling units.

    Dwelling, multiple dwelling use. For purposes of determining whether a lot is in multiple dwelling use, the following considerations shall apply:

    a.

    Multiple dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management or cooperative apartments, condominiums and the like.

    b.

    Where an undivided lot contains more than one building and the buildings are not so located that lots and yards conforming to requirements for single-, two-, or multiple-family dwellings in the district could be provided, the lot shall be considered to be in multiple dwelling use if there are three or more dwelling units on the lot, even through the individual buildings may each contain less than three dwelling units.

    c.

    Guesthouses and servant's quarters shall not be considered as dwelling units in the computation of (b) above.

    d.

    Any multiple dwelling in which dwelling units are available for rental for periods of less than one week shall be considered a tourist home, a motel, motor hotel, or hotel as the case may be.

    Dwelling, multiple-family. A building containing three or more dwelling units.

    Dwelling unit. A room or rooms connected together, constituting a separate, independent, housekeeping establishment for a family, for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping and sanitary facilities and one kitchen.

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

    Educational uses. Activities and facilities of public or private primary or secondary schools, vocational and technical schools, and colleges and universities licensed by the Florida department of education, including the areas of buildings, campus open space, dormitories, recreational facilities or parking.

    Enforcement board. The Okeechobee County code enforcement board.

    Enforcement official. The director of planning and development of Okeechobee County.

    Engineer. Developer's engineer, unless otherwise specified.

    Erected. The word "erected" includes built, constructed, reconstructed, moved upon, or any physical operation on the premises required for building. Excavations, fill, drainage, demolition of an existing structure, and the like shall be considered part of erection. (See Construction, actual. )

    FAC. Florida Administrative Code.

    Family. One or more persons occupying a single dwelling unit and living as a single nonprofit housekeeping unit, provided that unless all members are related by law, blood, adoption, or marriage, no such family shall contain over four adult persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families. The term "family" shall not be construed to include members of a fraternity, sorority, club, monastery or convent, or persons occupying a boardinghouse, rooming house, hotel, half-way house, drug or alcohol rehabilitation facility, sexual offender congregate living arrangement/facility or home or similar institutional living arrangement.

    Filling station. See Automotive service station.

    Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

    (1)

    The overflow of inland or tidal waters;

    (2)

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

    Flood hazard boundary map (FHBM). An official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazard have been designated as zone A.

    Flood insurance rate map (FIRM). An official map of a community, on which the Federal Insurance Administration 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 Insurance Administration. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.

    Floodplains (100-year floodplain). Areas inundated during a 100-year flood event or identified by the National Flood Insurance Program as an A zone or V zone on flood insurance rate maps or flood hazard boundary maps.

    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 foot.

    Floor. Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof.

    Floor area. The floor area of a structure or building shall be determined by measuring the outside surface of the exterior walls, and excluding areas under overhangs or unenclosed areas such as hitches.

    Florida master site file. The state's clearinghouse for information on archaeological sites, historical structures, and field surveys for such sites. A combination of both paper and computer files, it is administered by the bureau of archaeological research, division of historical resources, Florida department of state.

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

    F.S. Florida Statutes.

    Frontage of a lot. See Lot frontage.

    Garage apartment. An accessory or subordinate building, not a part of or attached to the main building, where a portion thereof contains a dwelling unit for one family only, and the enclosed space for at least one automobile is attached to such dwelling unit.

    Garage, private. An accessory structure designed or used for inside parking of private passenger vehicles by the occupants of the main building. A private garage attached to or a part of the main structure is to be considered part of the main building. An unattached private garage is to be considered as an accessory building.

    Garage, repair. A building or portion thereof, other than a private or storage garage or automobile service station, designed or used for repairing, equipping, or servicing of motor vehicles. Such garages may also be used for hiring, renting, storing, or selling of motor vehicles.

    Garage, storage. A building or portion thereof designed and used exclusively for the storage of motor vehicles, and within which temporary parking may also be permitted.

    Goal. The longterm end toward which programs or activities are ultimately directed.

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

    Growth Management Act. The compilation of revisions to Florida land use and zoning laws, including F.S. ch. 163, part II (the Local Government Comprehensive Planning and Land Development Regulation Act), enacted by the legislature in 1985.

    Guest house or cottage. A dwelling unit in a building separate from and in addition to the main residential building on a lot, intended for intermittent or temporary occupancy by a nonpaying guest, provided that such quarters shall not be rented.

    Hazardous waste. Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. (§ 9J-5.003, FAC)

    Heavy commercial zone. See section 2.04.09.

    Heavy industrial zone. See section 2.04.12.

    Height of a building. See Building, height of.

    Historic resources. Historically significant structures or archeological sites.

    Historically significant housing. See Historically significant structures.

    Historically significant structures. Structures listed on the National Register of Historic Places, the Florida master site file, or otherwise designated, by official action, as historic, and worthy of recognition or protection.

    Home for the aged. A facility for the care of the aged with routine nursing and/or medical care and supervision provided. A home for the aged is in the nature of a nursing home, but with clientele restricted to the aged.

    Home occupation. See section 2.05.02.

    Hospital. A building or group of buildings having facilities for overnight care of one or more human patients, providing services to inpatients and medical care to the sick and injured, and which may include as related facilities laboratories, outpatient services, training facilities, central service facilities, and staff facilities; provided, however, that any related facility shall be incidental and subordinate to principal hospital use and operation. A hospital is an institutional use under this Code.

    Hospital, veterinary. Any structure or premises used primarily and essentially for the medical and surgical care of ill, disabled, or injured animals other than human beings.

    Hotel, motel, motor hotel, motor lodge, tourist court. These terms are to be considered synonymous, and to mean a building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with daily charge, as distinguished from multiple-family dwellings and rooming or boarding houses, where rentals are for periods of a week or longer and occupancy is generally by residents rather than transients.

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

    Hurricane shelter space. The amount of area within a hurricane shelter providing for the safe refuge of a person. A hurricane shelter space shall be equal to ten square feet per person, inclusive of areas set aside within the hurricane shelter for disaster health and mental services, shelter management, storage and registration.

    Hurricane shelter space, adequate. Where adequate hurricane shelter space is required to be provided in association with a development project or as otherwise required by county ordinance, adequate hurricane space shall be defined as:

    (Number of households) x (persons per household) x (number of square feet per person), where:

    (a)

    Number of households represents the total number of units, dwellings, lots and the like constructed within the subject development and that are authorized for occupancy;

    (b)

    Persons per household shall be as determined by the most recently published estimate of the University of Florida's Bureau of Economic and Business Research; and

    (c)

    Number of square feet per person shall be as defined by "hurricane shelter space."

    Hurricane shelter space impact fee. A hurricane shelter space impact fee shall be equal to:

    (Square feet of hurricane shelter space required) x (dollars per square foot for construction of a hurricane shelter), where:

    (a)

    Square feet of hurricane shelter space required is the total number of square feet as defined by adequate hurricane shelter space; and

    (b)

    Dollars per square foot for construction of a hurricane shelter is the unit price per square foot for construction of a church of an average Type VI, 1-HR rating and material as depicted in the building valuation data of "Southern Building" published by the Southern Building Code Congress International, Inc. (SBCCI). The issue of "Southern Building" to be utilized in the calculation shall be the most recent issue preceding the date of application for a building permit for the hurricane shelter or the most recent issue preceding the date of issuance of the building permit, whichever would yield the lower dollars per square foot of construction.

    Incompatible land uses. Land uses which, if occurring adjacent to one another, have a detrimental effect on one or both of the uses.

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

    Infrastructure. Those manmade structures which serve the common needs of the population, such as: sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways.

    Intensity. A measure of the concentration of activity on land. Frequently confused with density, intensity has a broader though somewhat inexact meaning, referring to levels or degrees of activity in uses such as residential, commercial, industrial, recreation, or parking. For example, a shopping center is a far more intensive use than a convenience store.

    Junkyard. Place, structure, or lot where cumulatively there exists over 2,000 pounds of junk, waste, discarded, salvaged, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are brought, bought, sold, exchanged, baled, packed, disassembled, stored, or handled, including used lumber and used building material and yards or places for the storage, sale, or handling of salvaged house wrecking or structural steel materials. This definition shall not include automobile wrecking and automobile wrecking yards, or pawnshops and establishments for the sale, purchase, or storage of secondhand cars, clothing, salvaged machinery, furniture, radios, stoves, refrigerators or similar household goods and appliances, all of which shall be usable, nor shall it apply to the processing of used, discarded, or salvaged materials incident to manufacturing activity on the same site where such processing occurs.

    Kindergarten. See Child care center.

    Land application means the utilization or disposal of residuals or septage on, above, or into the surface of the ground through spray irrigation, land spreading, or other methods.

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

    Landfill. See Sanitary landfill.

    Legislative body. The Board of County Commissioners of the County of Okeechobee.

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

    Light commercial zone. See section 2.04.08.

    Light industrial zone. See section 2.04.11.

    Loading space, off-street. Space logically and conveniently located for pickups and/or deliveries or for loading and/or unloading, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. (See also section 7.04.03.)

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

    Lot. For purposes of this Code, a lot is a parcel of land of at least sufficient size to meet minimum requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required (provided that certain nonconforming lots of record at the effective date of this Code or its amendment are exempted from certain of its provisions under the terms of section 11.01.03A, "Nonconforming lots of record"). Such lots shall have frontage on a public street or on an approved private street, as set out in section 7.09.01F, and may consist of:

    a.

    A single lot or record;

    b.

    A portion of a lot of record;

    c.

    A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;

    d.

    A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Code.

    Lot, adjacent. The lot immediately adjoining or contiguous to or abutting the right-of-way immediately opposite the lot that is subject to review under this Code.

    Lot, developed. Any lot which has been improved and is in residential, mobile home, commercial, industrial or public use.

    Lot frontage. The front of an interior lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as set out in this Code. For the purpose of computing number and area of signs, frontage of a lot shall be established by orientation of the frontage of buildings thereon, or of principal entrance points to the premises if building frontage does not clearly indicate lot frontage. If neither of these methods are determinant, the director of planning and development shall select on the basis of traffic flow on adjacent streets, and the lot shall be considered to front on the street with the greater traffic flow. (See also Building frontage. )

    Lot measurement.

    (1)

    Depth. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

    (2)

    Width. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80-percent requirement shall not apply.

    Lot of record.

    (1)

    Any contiguous quantity of land that is part of an approved subdivision recorded in the office of the clerk of the circuit court; or

    (2)

    Any contiguous quantity of land which is capable of being described with such definitiveness that its location and boundaries are established, and which has been so recorded in the public records in the office of the clerk of the circuit court prior to April 2, 1992, unless otherwise considered to be a nonconforming lot of record as described in section 11.01.03A of this Code; or

    (3)

    Any contiguous quantity of land which is the subject of an agreement for deed or other instrument of conveyance properly executed prior to April 2, 1992, and which describes the parcel with such definitiveness that its location and boundaries are established and recognized by Florida law, unless otherwise considered to be a nonconforming lot of record as described in section 11.01.03A of this Code.

    Lot types. A corner lot is defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. An interior lot is defined as a lot other than a corner lot with only one frontage on a street. A through lot is defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. A reversed frontage lot is defined as a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot.

    Low-income person. As defined by Ordinance 93-2, section (I)(A) (codified in Chapter 38 of Ordinance 96-1, Code of Ordinances of Okeechobee County, Florida).

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

    Manufactured home. A structure, fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standards Act, transportable in one or more sections, which is eight body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The definition does not include recreational vehicles or travel trailers. See also Trailer and mobile home.

    Marina. An establishment with a waterfront location for the refueling of watercraft used for recreational and noncommercial purposes, and providing minor repair services for such craft not involving removal of watercraft from the water or removal of inboard or outboard engine from the watercraft. A marina may provide uncovered storage not involving the removal of craft from the water. A marina may include, as accessory uses, a restaurant or snackbar, laundry or sanitary facilities, motel or boatel, sundries store, and other customary accessory facilities. A marina does not include facilities for boat or motor rental, mechanical or structural repair as noted above, or boat hauling or launching.

    Mean sea level. The average height of the sea for all stages of the tide.

    Medical services. The provision of therapeutic, preventive or other corrective personal treatment services by physicians, dentists, and other licensed medical practitioners, as well as the provision of medical testing and analysis services. These services are provided to patients who are admitted for examination and treatment by a physician involving no overnight lodging, excluding pain management clinics.

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

    Minimum en route altitude. The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

    Minimum obstruction clearance altitude. The specified altitude in effect between radio fixes on VOR airways off-airway routes, or route segments which meet obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within 22 miles of a VOR.

    Mining activity or operation. Excavation of rock, shell, sand, or any other minerals from a parcel of land exceeding 50 acres in size, in which these materials are to be transported to another parcel of land for use as fill for construction or any other purpose.

    Mitigation. A process designed to prevent adverse impact of an activity on natural resources. Mitigation may include the re-creation on site or off site of natural resources that have been altered or destroyed by development or agricultural activity.

    Mobile home. A structure, fabricated in an off-site manufacturing facility for installation or assembly at the building site, with each section not bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act or built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act, transportable in one or more sections, which is eight body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The definition does not include recreational vehicles or travel trailers. See also Trailer and manufactured home.

    Mobile home subdivision. A subdivision designed and/or intended for the sale of lots for siting mobile homes or dwelling units not meeting the appearance and design standards of section 7.08.02 of this Code.

    Mobile home, substandard. All mobile homes built prior to June 15, 1976 as well as newer units not built to, or remaining in substantial conformity with, the federal Manufactured Home Construction and Safety Standards (HUD code). A substandard mobile home shall be considered substandard housing.

    Mobile home park. A place set aside and offered by a person or public body, for either direct or indirect remuneration of the owner, lessor or operator of such place, for the parking or accommodation of six or more mobile homes or manufactured houses utilized for sleeping or eating. All mobile home parks must be licensed by the Florida department of health and rehabilitative services under F.S. ch. 513. "Parks" or enterprises existing on the effective date of this Code which would otherwise meet the definition of mobile home park but for the number of accommodations shall be considered nonconforming and upon removal of rental units existing on the site as of the effective date of this Code shall not thereafter be replaced or reoccupied. This requirement shall not prohibit the retention or placement of a single dwelling unit on a site or parcel otherwise in conformity with all provisions of this Code. See part 7.07.00.

    Moderate-income person. As defined by Ordinance No. 93-2, section (I)(A) (codified in Chapter 38 of Ordinance No. 96-1, Code of Ordinances of Okeechobee County, Florida).

    Modular home. Factory-built housing certified as meeting the state building code as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site-built homes.

    Motel. See Hotel.

    Motor lodge. See Hotel.

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

    Natural drainage features. The naturally occurring features of an area which accommodate the flow of stormwater, such as streams, rivers, lakes and wetlands.

    Natural groundwater aquifer recharge areas. Geographic areas where the aquifer system is replenished through rainfall. Areas of high aquifer recharge are important for the continuation of potable groundwater supplies.

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

    Natural vegetation. Vegetative communities that are native to, and therefore tolerant of, a particular geographic location.

    Neighborhood commercial zone. See section 2.04.10.

    Nonattainment area. A geographical area in which ambient air quality falls below federal standards, per the Clean Air Act, as amended, and implementing regulations.

    Nonconforming lot, structure, use of land and structure, etc. See part 11.01.00 and sections contained therein.

    Nonconforming structure. Structure which does not comply with current land use regulations relating to size, setbacks, or building design, but does meet those standards in effect at the time of construction. A nonconforming structure cannot be rebuilt, replaced or enlarged, except as provided in the code. The presence of a nonconforming structure on a parcel of land does not allow the reestablishment of a nonconforming use which has been abandoned or eliminated. See part 11.01.00.

    Nonconforming use. Land use or activity which is prohibited under the current provisions of the comprehensive plan or land development regulations, but complied with those requirements in effect at the time it was established. Such uses may continue indefinitely, except where land development regulations require their elimination. In order to qualify as nonconforming, a use must have been continuous or have followed a regular seasonal pattern of activity without ceasing for a continuous period of longer than six months. Nonconforming uses shall not be expanded, enlarged or increased in any manner, except as provided in the land development regulations. Once a nonconforming use is abandoned or eliminated, associated land or structures shall be used only in accordance with the adopted comprehensive plan and current requirements of the land development regulations. See part 11.01.00.

    Nonconforming use. Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this Code, or amendments thereto.

    Nuisance weeds. Grass, weeds, brush and undergrowth, specifically excluding trees, shrubs, and saw palmettos, which are allowed to grow in an uncontrolled manner or not cared for or regularly maintained and which reach a height in excess of 20 inches.

    Nursery school. See Child care center.

    Nursing home. A private home, institution, building, residence, or other place, whether operated for profit or not, including those places operated by units of government, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, maintenance, personal care, or nursing for three or more persons not related by blood or marriage to the operator, who by reason of illness, physical infirmity, or advanced age are unable to care for themselves; provided, that this definition shall include homes offering services for less than three persons where the homes are held out to the public to be establishments which regularly provide nursing and custodial services. (See also, Home for the aged. )

    Objective. A specific, measurable, intermediate end that is achievable and marks progress toward a goal.

    Occupied. The word occupied includes arranged, designed, built, altered, converted to, or intended to be used or occupied.

    Office, professional or business. Office uses which extend services by providing advice, information or consultation of a professional nature, such as, but not limited to, insurance, real estate and executive management, but specifically excluding the storage or display of goods or chattels for the purpose of sale, lease, or rent and specifically excluding financial institutions, barber or beauty shops and veterinarian's offices when animals are treated to the premises. Business and professional office use shall also include the creation and processing of information, such as, but not limited to, life sciences, technology, research, computer software development, information storage and retrieval and publishing, excluding pain management clinics.

    Open space. Undeveloped lands suitable for passive recreation or conservation uses.

    Owner. The owner of record of a lot as such appears in the official records of the clerk of the circuit court, Okeechobee County, Florida.

    Package store. A place where alcoholic beverages are dispensed or sold in containers for consumption off the premises.

    Pain specialist (approved). A physician, or group of physicians licensed under either F.S. ch. 458 or 459, and who comply with Rule 64B8-9.0131 (medical doctors), or Rule 64B15-14.005 and Rule 64B15-14.009 (osteopathic physicians), Florida Administrative Code, as each is amended from time to time.

    Parcel of land. Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. See also: Lot, Lot of record and part 1.08.00

    Park model RV. See Recreational vehicle, "Park trailer."

    Parking space, off-street. For the purposes of this Code, an off-street parking space shall consist of a space adequate for parking a standard size automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be considered to be met only where actual spaces meeting the requirements above are provided and maintained, improved in the manner required by this Code, and in accordance with all ordinances and regulations of the county. (See also part 7.04.00 and sections therein.)

    Pharmacy. The same as the definition in F.S. (2010) § 465.003, as may be amended from time to time, and includes "community pharmacy", "internet pharmacy", and "special pharmacy", but does not include "institutional pharmacy" or "nuclear pharmacy", as each of those terms are used in that section.

    Planned unit development (PUD). A form of development usually characterized by a unified site design for residential and commercial uses, allowing for the clustering of buildings, and providing relatively high net residential densities balanced by common open space. It permits the planning of a project and the calculation of densities over the entire development, rather than on a lot-by-lot basis. It also refers to a process, mainly revolving around site plan review, in which public officials have considerable involvement in determining the nature of the development. It includes aspects of subdivision, site plan and zoning regulation and usually is administered through a rezoning process.

    Plot. See Lot.

    Policy. The way in which programs and activities are conducted to achieve an identified goal.

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

    Potable water. Water suitable for human consumption and which meets water quality standards determined by the department of health and rehabilitative services, provided through a public system or by private well.

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

    Prescription Drug Monitoring Program (PDMP). The database and program authorized by F.S. § 893.055, as amended, and to be administered by the Florida Department of Health.

    Public access. The ability of the public to physically reach, enter or use recreation sites including beaches and shores.

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

    Public facilities and services which must be available concurrent with the impacts of development. Those covered by comprehensive plan elements required by F.S. § 163.3177 and for which level of service standards must be adopted under chapter 9J-5, Florida Administrative Code. The public facilities and services are: roads, rule 9J-5.007(3)(c)1.; sanitary sewer, rule 9J-5.011(2)(c)2.a.; solid waste, rule 9J-5.011(2)(c)2.b.; drainage, rule 9J-5.011(2)(c)2.c.; potable water, rule 9J-5.011(2)(c)2.d.; parks and recreation, rule 9J-5.014(3)(c)4.; and mass transit, rule 9J-5.008(3)(c)1., if applicable.

    Public hurricane shelter. See "temporary emergency shelter."

    Public sanitary sewer facilities. Sanitary sewer facilities, either publicly or privately owned, which serve at least 15 service connections, or regularly serve at least 25 residents, or that serve a single large-scale user, such as a power plant, an industrial or commercial site, or a landfill. Generally, a multiuser septic sank is not a public sanitary sewer facility.

    Public service zone. See section 2.04.13.

    Public shelter. See Public hurricane shelter.

    Public shelter spaces. The number of temporary refugees a public shelter can accommodate during a storm or hurricane. A shelter space is a minimum of 40 square feet per person, as per the American Red Cross facility.

    Public supply water system. A potable water facility which serves at least 15 service connections, or regularly serves at least 25 residents, or that serves a single large-scale user, such as a power plant, an industrial or commercial site, or a landfill.

    Recreation. The pursuit of leisuretime activities occurring in an indoor or outdoor setting.

    Recreation facility. A component of a recreation site used by the public such as a trail, court, athletic field or swimming pool.

    Recreational uses. Activities within areas where recreation occurs.

    Recreational vehicle (RV). A recreational vehicle is a transportable unit primarily designed as temporary living quarters for recreational, camping, or travel use which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicles, when traveling on the public roadways of this state, must comply with the length and width provisions of F.S. § 316.515, as that section may hereafter be amended. As defined below, the basic entities or types of recreational vehicles are:

    1.

    The "travel trailer," including a "fifth-wheel travel trailer," which is a vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 8½ feet and an overall body length of no more than 40 feet when factory-equipped for the road.

    2.

    The "camping trailer," which is a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.

    3.

    The "truck camper," which is a truck equipped with a portable unit designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use.

    4.

    The "motor home," which is a vehicular unit which does not exceed 40 feet in length and the height and the width limitations provided in F.S. § 316.515, a self-propelled motor vehicle, and is primarily designed to provide temporary living quarters for recreational, camping or travel use.

    5.

    The "private motorcoach," which is a vehicular unit which does not exceed the length, width, and height limitations provided in F.S. § 316.515(9), is built on a self-propelled bus-type chassis having no fewer than three load-bearing axles, and is primarily designed to provide temporary living quarters for recreational, camping or travel use.

    6.

    The "van conversion," which is a vehicular unit which does not exceed the length and width limitations provided in F.S. § 316.515, is built on a self-propelled motor vehicle chassis, and is designed for recreation camping, and travel use.

    7.

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

    Recreational vehicle park. A place set aside and offered by a person or public body, for either direct or indirect remuneration of the owner, lessor or operator of such place, for the parking or accommodation of six or more recreational vehicles utilized for sleeping or eating. All recreational vehicle parks must be licensed by the Florida department of health and rehabilitative services under F.S. ch. 513. "Parks" or enterprises existing on the effective date of this Code which would otherwise meet the definition of recreational vehicle park but for the number of accommodations shall be considered nonconforming and upon removal of rental units existing on the site as of the effective date of this Code shall not thereafter be replaced or reoccupied. This requirement shall not prohibit the retention or placement of a single dwelling unit on a site or parcel otherwise in conformity with all provisions of this Code. See part 7.07.00.

    Redevelopment. Undertakings, activities, or projects of a county, municipality, or community redevelopment agency for the elimination and prevention of the development or spread of slums and blight or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment, or rehabilitation or conservation, or any combination or part thereof. (From F.S. § 163.340.)

    Registered. As specifically enacted by the Florida state legislature, recorded as the laws of Florida pertaining to engineers and surveyors.

    Rehabilitation. The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient use.

    Relocation housing. Those dwellings which are made available to families displaced by public programs, provided that such dwellings are decent, safe and sanitary and within the financial means of the families or individuals displaced.

    Resident population. Inhabitants counted in the same manner utilized by the United States Bureau of the Census, in the category of total population. Resident population does not include seasonal population.

    Residential child caring facility. A residential child caring facility is a child-care program licensed by the department of health and rehabilitative services to provide 24-hour care and services to minors in either a group home or outdoor living program.

    Residential general zone. See section 2.04.03.

    Residential mixed zone. See section 2.04.04.

    Residential mobile home zone. See section 2.04.05.

    Residential rural zone. See section 2.04.06.

    Residential single-family zone. See section 2.04.02.

    Residential uses. Activities within land areas used predominantly for housing.

    Residuals. The solid, semi-sold, or liquid residue generated during the treatment of domestic wastewater in a domestic wastewater treatment facility. Not included is the treated effluent of reclaimed water from a domestic wastewater treatment plant. Also not included are solids removed from pump stations and lift stations, screening and grit removed from the preliminary treatment components of domestic wastewater treatment facilities, other solids as defined in rule 62-640.200(24), FAC, and ash generated during the incineration of residuals.

    Residuals management facility means a facility, such as a composting or blending facility, that treats residuals from other facilities for the purpose of meeting the requirements of this Article and the Florida Administrative Code, before use or land application. The definition also includes adjacent or nearby land application sites owned, leased or controlled by the owner, relatives or affiliates of the owner, operator, or principals of the Residuals management facility. Residuals management facilities may also treat domestic septage and combinations of residuals, domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite sewage treatment and disposal systems, before use or land application.

    Restaurant. An establishment where food is ordered from a menu, prepared, and served for pay primarily for consumption on the premises in a completely enclosed room, under roof of the main structure, or in an interior court. A drive-in restaurant is not a restaurant. A cafeteria shall be deemed a restaurant for purposes of this Code.

    Right-of-way. Land in which the state, a county, or a municipality owns the fee simple title or has an easement dedicated or required for a transportation or utility use. (§ 9J-5.003, FAC.)

    Roadway. A road, which includes streets, sidewalks, alleys, highways, and other ways open to travel by the public, including the roadbed, right-of-way, and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith.

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

    Rubble or debris. Waste materials resulting from the construction or demolition of structures or buildings which are not usable as a part of or for the construction or demolition of structures or buildings.

    Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

    Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

    Sanitary landfill.

    (a)

    "Class I solid waste disposal area" means a disposal facility which receives an average of 20 tons or more per day, if scales are available, or 50 cubic yards or more per day of solid waste, as measured in place after covering, and which receives an initial cover daily;

    (b)

    "Class II solid waste disposal area" means a disposal facility which receives an average of less than 50 cubic yards per day of solid waste, as measured in place after covering, and which receives an initial cover at least once every four days.

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

    Seasonal population. Part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population shall include tourists, migrant farm workers, and other shortterm and longterm visitors.

    Section 8 existing housing program. A federal housing program authorized under section 8 of the U.S. Housing Act, as amended. The section 8 program provides rental subsidies to encourage new construction and substantial rehabilitation of existing housing. As part of its rehabilitation component, the section 8 program establishes "housing quality standards" which are minimum standards for the safe and healthful occupancy of a dwelling unit.

    Septage. A mixture of sludge, fatty materials, human feces, and wastewater removed during the pumping of an on-site sewage treatment and disposal system.

    Septage management facility means a stationary facility that treats only domestic septage or combinations of domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite sewage treatment and disposal systems, before use or land application. The definition also includes adjacent or nearby land application sites owned, leased or controlled by the owner, relatives or affiliates of the owner, operator, or principals of the septage management facility. This definition does not include sewer treatment and disposal systems that do not land apply and only receive and treat waste generated onsite.

    Septic tank. A watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system.

    Service station. See Automotive service station.

    Services. The programs and employees determined necessary by local government to provide adequate operation and maintenance of public facilities and infrastructure as well as those educational, health care, social and other programs necessary to support the programs, public facilities, and infrastructure set out in the local plan or required by local, state, or federal law. (§ 9J-5.003, FAC.)

    Sheriff means the Okeechobee County Sheriff, as he may, from time to time, be elected.

    Sign. See section 9.00.04.

    Site excavation. Excavation of rock, shell, sand or other materials for use in construction or any other purpose on the same parcel of land or development site from which it was removed. The transport of excavated materials within the boundaries of a platted subdivision, or unrecorded subdivision if established prior to adoption of the comprehensive plan, shall constitute a site excavation.

    Site plan. A plan, drawn to scale by a licensed professional engineer, showing uses, structures and all other physical features proposed for a development site as required by the regulations involved. It includes lot lines, streets, building sites, parking spaces, walkways, reserved open spaces, easements, buildings, and major natural and manmade landscape features.

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

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

    Special exception. A special exception is a use that would not be appropriate generally or without restriction throughout a zoning division or 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, prosperity, or the general welfare. Such uses may be permissible in a zoning classification or district as a special exception if specific provision for such a special exception is made in this Code. (For procedure in securing special exceptions, see part 11.04.00 and sections contained therein.)

    Standard condition housing. Dwelling units that meet the federal minimum housing quality standards as established for the HUD section 8 program.

    Stormwater. The flow of water which results from a rainfall event.

    Story. That part of a building contained between any floor and the floor or roof next above.

    Street. A public or approved private thoroughfare which affords the principal means of access to abutting property. Street includes lanes, ways, drives, places, boulevards, roads, avenues, or other means of ingress or egress, regardless of the descriptive term used. (See also part 7.03.00 and sections contained therein.)

    Street, arterial. A main traffic thoroughfare, as indicated on the Okeechobee County arterial road plan.

    Street, collector. A street designed to facilitate adequate traffic flow from subdivision streets to arterial streets.

    Street, marginal. A street which is parallel to and adjacent to a major street, or railroad right-of-way, and which serves as access to property on one side only.

    Street, minor. A street within a subdivision designed to provide access to those lots immediately adjacent.

    Structure. Anything constructed or installed which is rigidly and permanently attached to the ground or to another object which is rigidly and permanently attached to the ground. This shall include but not be limited to supporting walls, signs, screened or unscreened enclosures covered by a permanent roof, swimming pools, poles, and pipelines. See also Building and part 1.08.00.

    Subdivider. A person or persons developing a subdivision or that person's agents, and where the method of disposition is intended to evade platting or development restrictions, the term shall also include a subdivider's successors or assigns.

    Subdivision. The division of a parcel of land, whether improved or unimproved, resulting in three or more contiguous lots or parcels of land, except as provided in section 13.02.01(D), for the purpose, whether immediate or future, or transfer of ownership or if the establishment of a new street is involved, any division of such parcel. However, the division of land into parcels of more than 40 acres not involving any change in street lines or public easements of whatsoever kind is not to be deemed a subdivision within the meaning of this part. The term includes a re-subdivision or subsubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.

    Substandard housing unit. Housing unit having a deteriorated or dilapidated appearance and which is unsafe or unhealthful for occupancy.

    Substandard mobile home. See Mobile home, substandard.

    Substantial improvements. For a structure built prior to the enactment of this Code, any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

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

    Surface water. Aquatic areas that include, but are not limited to rivers, lakes, streams, springs, impoundments, wetlands, and all other bodies of water.

    Temporary emergency shelter means any public or private building or facility where temporary housing, feeding, or medical care is provided to persons who are homeless or who evacuate their homes or a hotel, motel, or other place of temporary residence in anticipation of or as a result of any storm, flood, hurricane, tornado, explosion, fire, or other natural, technological, manmade, or other event or incident requiring evacuation.

    Townhouse or row house. Three or more single-family structures separated by party walls or separated by not more than one inch from another townhouse. Townhouses are permitted as shown on the schedule of district regulations. A townhouse may be held in separate ownership. Side yards are not required for interior townhouses but front and rear yards shall be for all townhouses as for single-family dwellings for the district in which the townhouses are located. End units shall have side yards, or, if on a corner lot, front yards as for single-family dwellings in the district in which the townhouses are located.

    Trailer. A mobile home. See Mobile home.

    Trailer, travel or camping. See Recreational vehicle.

    Trash. See Yard trash.

    Tree. Any woody plant or palm which in its mature state under normal growing conditions reaches a height of ten feet or greater.

    Truckstop. An establishment where the principal use is primarily the refueling and servicing of trucks and tractor-trailer rigs. Such establishments may have restaurants or snackbars and sleeping accommodations for the drivers of such over-the-road equipment and may provide facilities for the repair and maintenance of such equipment.

    Uniform Relocation Act. A federal statute and regulations which applies to all federal or federally assisted activities that involve the acquisition of real property or the displacement of persons, including displacements caused by rehabilitation and demolition activities. The purpose of the Uniform Act is to ensure that owners of real property to be acquired for federal and federally assisted projects are treated fairly and consistently…and to ensure that persons displaced as a direct result of federal or federally assisted projects are treated fairly, consistently, and equitably so that such persons will not suffer disproportionate injuries as a result of projects designed for the benefit of the public as a whole…. (49 CFR 24)

    Unique native vegetative communities. Ecological communities whose occurrence is rare or is of special social, economic, educational, aesthetic, or scientific value, such as oak hammocks and cypress swamps.

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

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

    Urban infill. Development of vacant properties surrounded by existing development or located in areas of scattered development.

    Urban sprawl. Scattered, untimely, poorly planned urban development that occurs in urban fringe and rural areas and frequently invades lands important for environmental and natural resource protection. Urban sprawl typically manifests itself in one or more of the following ways:

    (1)

    Leapfrog development;

    (2)

    Ribbon or strip development; and

    (3)

    Large expanses of low-density, single-dimensional development.

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

    Use of land or water. Includes use of land, water surface, and land under water to the extent covered by zoning districts, and over which the county has jurisdiction.

    Variance. A variance is a relaxation of the terms of this Code where such variance will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Code would result in unnecessary and undue hardship on the land. A variance is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning classification or district or adjoining zoning classifications or districts. (See part 11.03.00 and sections contained therein for requirements and procedure in securing a variance.)

    Very low-income person. As defined by Ordinance No. 93-2, section (I)(A) (codified in Chapter 38 of Ordinance No. 96-1, Code of Ordinances of Okeechobee County, Florida).

    Vested lot. Lot of record established prior to adoption of the comprehensive plan which does not meet density standards established in the plan, but is recognized as consistent with the plan for building purposes.

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

    Visual runway. A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan, a military services approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

    Waste. Garbage, rubbish and refuse from residential, commercial or industrial activities, including kitchen and table food waste, animal, or vegetable waste that is attendant with or results from the storage, preparation, cooking, or handling of food material, paper, wood scraps, cardboard, cloth, glass, rubber or plastic; discarded automobiles, tires, or automobile parts or fixtures; household goods or appliances; toys; tools or equipment; and similar materials.

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

    Yard, front. A yard extended between side lot lines across the front of a lot adjoining a street. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the director of planning and development may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. In the case of corner lots, a full depth front yard shall be provided on one street frontage and a three-quarters depth front yard on the other street frontage. Depth of a required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Where lots in residential districts comprising 40 percent or more of the frontage on one side of a street between intersecting streets are developed with structures having an average front yard with a variation of not more than six feet, no building thereafter erected shall project beyond the average line so established. This provision applies in all residential districts.

    Yard, generally. A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, fences, walls, hedges, poles, posts, children's play equipment, and other customary yard accessories, ornaments, statuary and furniture may be permitted in any yard subject to height limitations and requirements limiting obstructions to visibility.

    Yard, rear. A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

    Yard sale. The display or sale of personal or household goods from a residence when the goods were not purchased for resale. No yard sale shall be conducted for more than three consecutive days nor more frequently than once every six months.

    Yard, side. A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the street. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after front yards have been established on both frontages shall be considered side yards. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

    Yard, special. A yard behind any required yard adjacent to a public street required to perform the same functions as a side or rear yard, but adjacent to a lot line and so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the director of planning and development shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the location and orientation of structures and buildable areas thereon.

    Yard trash. Abandoned vegetative material from landscaping, maintenance or land clearing operations, and includes such materials as tree and shrub trimmings, grass clippings, palm fronds, tree limbs, tree stumps and similar materials, excluding materials customarily placed upon a developed lot as mulch material.

    Zone "A." Area of potential flooding in a 100-year storm event, designated on the most recent available flood insurance rate map (FIRM) published by the Federal Emergency Management Agency (FEMA).

(Ord. No. 93-10, § 1, 7-22-93; Ord. No. 97-02, § 1, 2-27-97; Ord. No. 98-05, § 1, 6-25-98; Ord. No. 99-08, § 1, 8-12-99; Ord. No. 2003-04, § 1(Exh. A), 4-10-03; Ord. No. 2003-06, § 2, 7-24-03; Ord. No. 2006-08, §§ 10—14, 11-21-06; Ord. No. 2011-01, § 1, 7-28-11)