§ 26-171. Definitions.

Except where specifically defined in this article, all words used in this article shall carry their usual and customary meanings. The word "person" includes a firm, partnership, trust, estate, company, association and organization, whether for profit or nonprofit, individual, copartnership, joint venture or corporation. The word "building" includes the word "structure." The word "used" or "occupied" as applied to any land or buildings shall be construed to include the words "intended, arranged, or designed to be used or occupied." The word "lot" includes the words "plot," "tract" and "parcel." The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

AASHO means the American Association of State Highway Officials.

Abutting. Abutting property means property that is immediately adjacent to property that is subject to review under this article or property that is located immediately across any road or public right-of-way from the property that is subject to review under this article.

Alley means a right-of-way which affords only a secondary means of access to property abutting thereon.

Applicant means any person who submits subdivision plans for the purpose of compliance with this article.

ASTM means the American Society for Testing and Materials.

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

Building means any structure built for the support, sheltering or enclosure of any occupancy, and which is permanently affixed to the ground.

Building area means that area within the building lines which contains the principal building and attached accessory uses including porches, overhangs, decks, supporting columns, stairs, etc.

Building lines means the line established by yard or setback requirements outside of which no portion of the principal building or structure may be erected or extended.

Building official. It shall be the duty of the building official of the town, or his designee, to strictly enforce this article.

Building setback line. The minimum yard requirements for property are as follows, as measured from rear and side walls of the main structure to the rear and side lines of the lot or parcel of land respectively:

(1)

Side yards, 7½ feet.

(2)

Front yard, 25 feet.

(3)

Rear yard, 20 feet.

Bulkhead means a retaining wall or structure designed to prevent erosion of and by water action.

Bulkhead line means a fixed line established in a waterway in order to fix and establish the maximum distance from the shoreline within which filling may be permitted and bulkheads constructed, as established by appropriate regulations.

Cluster subdivision means a land subdivision that is subdivided according to purposes and conditions set forth in section 26-183 and which has lot sizes reduced below the zoning minimum with no change in the number of dwelling units per acre, thereby freeing the leftover land for the use as common open space.

Crosswalk means a pedestrian right-of-way within a block, dedicated to public use and intended primarily for pedestrians, but which may include utilities where necessary, and from which motor vehicles are excluded.

Developer means any person engaged in developing or improving a lot or group of lots for use or occupancy.

Development means:

(1)

The carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or land and the dividing of land into three or more parcels;

(2)

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;

(3)

Clearing of land as an adjunct of construction; or

(4)

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

All developments shall be approved by the town commission.

DOT means the state department of transportation.

Easement means a grant by a property owner for the use of land for a specific purpose.

Floodplain, 100-year, means a land area which would be inundated by stormwater runoff or tidal flooding equivalent to that which would occur with a rainfall of 100-year frequency.

Frontage means all property that abuts a street or other right-of-way.

Grade means the slope of a road, lot, street, utility, or public way, specified in percent deviation from zero, or in inches per foot.

Group development means a development comprising two or more buildings such as a group of apartments, a commercial park or industrial park, when the land is not subdivided in the customary manner. All group developments must be approved by the town commission.

Improvement, public, means any sanitary sewer, storm sewer, drainage ditch, water main, roadway, parkway, bridge, sidewalk, pedestrian way, planting strip, or other facility for public use.

Land use plan means the official guide as properly enacted by the county commission for the physical and economic growth of the county or its constituent parts.

Landfill means an area raised in elevation, increased in size or both, by the placement of additional soil materials, whether obtained from underwater sources or brought in from some other location.

Landfill finger means a landfill surrounded on three sides by water and having vehicular access provided by a cul-de-sac.

Local means a street used primarily for access to abutting properties and the needs of a neighborhood.

Lot means a parcel of land occupied or having the potential for occupancy by a building together with its accessory buildings, including the required open space, or a portion of any tract or parcel of land intended as a unit for transfer of ownership or for development or both. The word "lot" includes the word "plot," "tract," or "parcel." Building lots shall be at least 75 feet by 100 feet.

(1)

Corner lot means a lot abutting upon two or more streets at their intersection.

(2)

Double frontage lot means a lot of the same depth as the width of a block containing two tiers of lots and which is accessible from both of the streets upon which it fronts.

(3)

Single tier lot means a lot which backs upon a limited access highway, a physical barrier such as a waterway or railroad, or a nonresidential use, and to which vehicular access from the rear is usually prohibited.

Mobile home means a living unit constructed in such a manner that it is capable of movement without substantial structural modification, generally not having a permanent foundation at the time of construction.

Mobile home park means any land area that is divided into lots that are rented or leased to owners or possessors of mobile homes. For the purpose of this article, mobile home parks shall be considered as a group development and shall comply with section 26-179.

Modular home means a living unit constructed in such a manner that it is partially or wholly assembled at a location apart from the building site and is usually transported to the building site by carrier.

Official map or plan means any map or plan properly adopted by the town commission as a guide for the development of the town.

Owner means any person, group of persons, firm, joint venture, corporation, or other legal entity having legal title to the land sought to be subdivided under this article.

Paving width means the horizontal width of paved surface, including curb and gutter, if any.

Plat means a map or delineated representation of the subdivision of land, being a complete representation of the subdivision and other information. The term "plat" shall include the terms "replat," "amended plat," and "revised plat."

Plat of record means a plat that conforms to the requirements of F.S. ch. 177, and that has been accepted, recorded and numbered, as to plat book and page, by the local governing authorities as being in conformance with its requirements.

Professional engineer means an engineer currently registered to practice in the state.

Registered surveyor means a surveyor currently registered to practice surveying in the state.

Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, or sanitary or storm sewer main, or for similar special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, other than private streets as permitted by this article, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

Schematic plan means a plan of sufficient detail to allow evaluation of the proposed preliminary plat.

Shrub means any woody plant attaining less than 15 feet in height.

Sidewalk means that portion of a street or cross walkway, paved or otherwise surfaced, intended for pedestrian use.

Street means a public or private vehicular right-of-way which affords a primary means of access to abutting properties, whether designated as a street, avenue, highway, or road or however otherwise designated, but excepting driveways to other buildings.

(1)

Cul-de-sac means a local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

(2)

Private street means a vehicular right-of-way located in a planned unit development, group development, or cluster development which is approved by the town commission for vehicular use and that has not been dedicated and accepted by the town commission for maintenance. The term "private street" shall include the term "approved private street."

(3)

Public street means a vehicular right-of-way that has been dedicated to and accepted by the town commission.

Structure means anything constructed or erected which requires a permanent location on the land, or is attached to something having permanent location on the land.

Subdivider means any person, firm, partnership, association, corporation, joint venture, estate or trust, or any other group or combination of persons acting as a unit, dividing or proposing to divide land so as to constitute a subdivision, including any agent or developer.

Subdivision means any division of any parcel or tract for the purpose, whether immediate or future, of any kind of transfer of ownership or right to possession or for any building development. If the establishment of any street is involved, this term shall mean any division of any parcel or tract of land. This term shall include the replatting of any and all plats. The following shall be exempt and not subject to the regulations prescribed by this article:

(1)

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots comply with the standards of this article and article XII of this chapter, pertaining to zoning.

(2)

The division of land into parcels of five acres or more where no street right-of-way dedication is involved, so long as not more than 40 acres are divided and no roads are dedicated.

(3)

The public acquisition by purchase, acceptance of deed of dedication or exercise of the right of eminent domain of strips of land for the widening or opening of streets.

(4)

The division of a tract in single ownership, whose entire area is two lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this article and article XII of this chapter, pertaining to zoning, and do not violate any covenants and restrictions, and are in compliance with section 26-242(a).

Subdivision plat, final, means the detailed drawing, to scale, and supporting data, representing a land survey of lots, blocks, and streets and the location and specifications for streets, utilities, and other improvements.

Subdivision plat, preliminary, means a drawing, to scale, and other supporting data, of a proposed subdivision, developed for the purpose of establishing the general layout and specifications for streets, utilities, and other improvements.

Subdivision sketch plan means a drawing, not necessarily to scale, which shows a conceptual layout of the proposed subdivision.

To plat means to divide or subdivide land into lots, blocks, parcels, tracts, sites, or other divisions, however the same may be designated, and the recording of a plat in the office of the county clerk of court. The term "to plat" shall include "replat."

Utilities includes, but is not limited to, water systems, electrical power, sanitary sewer systems, storm drainage systems, and telephone and television cable systems.

Yards means the open space existing on the same lot with a principal building, unoccupied and unobstructed from the ground upward except by trees or shrubbery or as otherwise provided in this article, between the lot line and building line.

(1)

Front yard means the yard extending across the entire width of the lot between the front lot line and the front building line. The lot line of the lot abutting a public street shall be deemed the front lot line. On corner lots, the front lot line shall be that lot line abutting the street frontage toward which the principal building is oriented. If the principal building on a corner lot is more directly oriented to the lot corner at the street intersection than to either street frontage, such lot shall be considered to have two front yards, one abutting each street. A lot existing between two streets not intersecting at a corner double frontage lot shall be considered to have two front yards, one on each street frontage.

(2)

Rear yard means the yard extending across the entire width of the lot between the rear lot line and the rear building line. The rear lot line shall be the lot line farthest removed from the front lot line.

(3)

Side yard means an open unoccupied space on the same lot with a building between the building line (including all overhanging stairs, balconies, and walkways) and the side line of the lot, extending through from the front building line to the rear yard, or to the rear line of the lot where no rear yard is required.

Waterway means a channel, creek, ditch, drainageway, dry run, spring, stream, river, or canal, but not a lake, pond or pool without a water outlet.

Waterway plan means a plan properly adopted by the town commission which shows the existing and proposed arrangement of waterways in the town.

(Ord. No. 00-11-1, § 2.10, 1-3-2001)

Cross reference

Definitions generally, § 1-2.