§ 21-531. Definitions.

For the purposes of this chapter, the following terms shall have the meanings set forth below. Included are pertinent definitions adopted in the comprehensive plan, in addition to others applicable to this chapter but not covered in the plan. It is the intent of this article to incorporate comprehensive plan definitions in substantially the same form in which they were adopted, although some terms may be defined here in a more detailed or restrictive manner. In the event a comprehensive plan amendment conflicts with a definition contained herein, the definition in the comprehensive plan shall take precedence, and shall be incorporated into this chapter by reference.

Abandoned motor vehicle shall mean one (1) which cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under it[s] own power.

Accessory use shall mean a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure; and which is not an integral part of the main structure.

Adjacent municipalities shall mean cities of Lake Alfred, Auburndale and Eagle Lake.

Administrative appeal means a request for review of any administrative decision or interpretation made under this Code.

Adult day care center shall mean any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services to three (3) or more persons who are eighteen (18) years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services (§ 400.551, F.S.).

Adult entertainment establishment shall mean a use that includes sexually oriented businesses. Such businesses are regulated under the City of Winter Haven Code, section 9-252.

Adult family-care home shall mean a full-time, family-type living arrangement, in a private home, under which a person(s) provide, for profit or not for profit, room, board, and one (1) or more personal services, as appropriate for the level of functional impairment, for no more than five (5) aged persons or disabled adults who are not relatives. The following establishments are not adult family-care homes:

(a)

An establishment that provides personal services for three (3) or fewer adults who do not receive optional State supplementation under section 409.212, F.S., but that does not hold itself out to the public to be an establishment that regularly provides such services.

(b)

An establishment in which a person(s) provide personal services only to their relatives.

(c)

An establishment that is licensed as an assisted living facility (§ 400.617, F.S.).

Adult foster home shall mean a full-time, family-type living arrangement, in a private home, under which a person or persons provide, on a nonprofit basis, services of room, board, personal assistance, general supervision, and health monitoring, as appropriate for the level of functional impairment, for three (3) or fewer non-relatives who are aged or disabled adults placed in the home by the Department of Elderly Affairs (§ 400.618, F.S.).

Affordable housing shall mean housing for which monthly rents or monthly mortgage payments, including taxes, insurance and utilities, do not exceed thirty (30) percent of that amount which represents the percentage of the median adjusted gross annual income for households or persons indicated in section 420.0004, F.S. Affordable housing definitions that are prescribed by other affordable housing programs administered by either HUD or the State may be used by local governments if such programs are implemented by the local government to provide affordable housing (§ 9J-5.003 FAC).

Agricultural uses shall mean activities within land areas which are predominantly used for the cultivation of crops and livestock including: crop land; pasture land; orchards; vineyards; nurseries; ornamental horticulture areas; groves; confined feeding operations; specialty farms; and silviculture areas (§ 9J-5.003 FAC).

Airport clear zone shall mean a designated area of land which is subject to peak aircraft noise and on which there is the highest potential of danger from airport operations (§ 9J-5.003 FAC).

Airport facility shall mean any area of land or water improved, maintained or operated by a governmental agency for the landing and takeoff of aircraft, or privately owned paved runways of four thousand (4,000) or more feet in length, and any appurtenant area which is used for airport buildings, or other airport facilities or rights-of-way (§ 9J-5.003 FAC).

Alcoholic beverage. The definitions in the State alcoholic beverage code, F.S. Ch. 561 et seq., are hereby adopted.

(1)

Alcoholic beverage means all beverages containing more than one (1) percent of alcohol by weight.

(2)

Intoxicating beverage means those alcoholic beverages containing more than three and two-tenths (3.2) percent of alcohol by weight.

(3)

Public property means lands and improvements owned or leased by the Federal government, the State, the county, the City or any other governmental entity, and includes, but is not limited to, buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way and other similar property, but does not mean any such property on which any person has a beverage license issued by the State pursuant to F.S. Ch. 561, authorizing and permitting the sale of alcoholic or intoxicating beverages, nor shall it mean any public property upon or within when the City Manager, or his designee, has authorized the sale or consumption of alcoholic or intoxicating beverages in conjunction with a specific event and subject to the imposition of such terms and conditions as determined to be necessary or appropriate.

Alcoholic beverage establishment shall mean an establishment where alcoholic beverages, as defined in the state alcoholic beverage code, F.S., are available or permitted for sale, distribution or consumption on the premises. This definition includes bars, package stores, banquet halls, and bottle clubs but does not include bona fide restaurants as defined herein.

Alley shall mean any public or private right-of-way set aside for public travel, intended to be used only as a secondary means of access or services to abutting properties and not intended for general traffic circulation.

Alteration shall mean any change in the arrangement of a building; any work affecting the structural parts of a building; any change in the wiring, plumbing, heating or cooling systems; and includes the words "alter" or "to alter." Alteration does not include customary maintenance and repair.

Amendment shall mean any action of a local government which has the effect of amending, adding to, deleting from or changing an adopted comprehensive plan element or map or map series, including an action affecting a prior plan or plan amendment adoption ordinance, but shall not mean a legislative act which only codifies local legislation or makes corrections, updates and modification of the capital improvements element concerning costs, revenue sources, acceptance of facilities or facility construction dates consistent with the plan as provided in subsection 163.3177(3)(b), F.S., and corrections, updates or modifications of current costs in other elements, as provided in subsection 163.3187(2) F.S. (§ 9J-5.003 FAC).

Animal means any live, vertebrate creature, domestic or wild, except humans.

Animal owner means any person owning, keeping or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.

Animal shelter means any facility operated by a humane society or municipal agency or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or State law.

Annexation shall mean the adding of real property to the boundaries of an incorporated municipality, such addition making such real property in every way a part of the municipality (§ 171.031 F.S.).

Annexation, voluntary shall mean the owner or owners of property in the unincorporated area of the county, which is contiguous to the City limits and reasonably compact, may petition the City commission to annex the property. The City commission shall consider and evaluate the annexation and attendant zoning in relation to all pertinent factors including the factors set forth in this Code.

Antique car/vehicle shall mean any vehicle twenty-five (25) years or older.

Antique stores shall mean an establishment engaged in the selling of antique furniture, home furnishings and objects of art and related antique accessories.

Apartment shall mean a dwelling unit in a duplex or multiple-family dwelling.

Apartment building shall mean a building that is used or intended to be used as a home or residence for three (3) or more families living in separate quarters. Dwelling units share a common outside access. Ownership is not a factor, and may be either rental or condominium. See drawing labeled "apartments" and "multiplex" at the back of this chapter.

Aquifer shall mean a water bearing stratum of permeable rock, sand, or gravel.

Areas of special flood hazard means the lands in the floodplain subject to a one (1) percent or greater chance of flooding in any given year and shown as "zone A" on the flood hazard boundary map.

Arterial road shall mean a roadway providing service that 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 (§ 9J-5.003 FAC).

Artisan production shall mean any production, including assembly and transformation of raw materials, to make unique custom goods through the use of hand tools or small scale equipment to include, but not limited to: microbreweries, microdistilleries, microwineries, artist studios and/or classes, coffee roasting/shops, confectionary production/shops, furniture making/upholstery, clothing and accessory production/repair/sales, custom cabinetry or woodwork, jewelry crafting, custom paper-making and printers, and specialty/cottage food production/preparation. All uses in this category shall be open to the public, have on-site retail and/or consumption components, and may have retail sales/distribution to a non-local destination. The majority of the use will be conducted inside a structure and outdoor storage will be minimal and screened.

Artisan production, large scale. On-site sales areas comprise no more than fifty (50) percent of all floor area; all uses are allowed in existing buildings not to exceed forty thousand (40,000)± square feet or in new construction not to exceed twenty thousand (20,000)± square feet.

(1)

For alcohol-related large scale production:

Small brewery: No more than thirty thousand (30,000) barrels per year of fermented malt beverages production with or without a tap or tasting room/bar/restaurant.

Small distillery: No more than thirty thousand (30,000) gallons per year production of spirituous beverages with or without a tasting room/bar/restaurant.

Small winery: No more than one hundred thousand (100,000) gallons per year of vinous beverages per year with or without a tasting room/bar/restaurant.

Artisan production, small scale. Production areas comprise no more than seventy-five (75) percent of gross floor space of the establishment; individual uses not to exceed ten thousand (10,000)± square feet of space and all uses are allowed in existing buildings no greater than twenty thousand (20,000)± square feet or in new construction not to exceed ten thousand (10,000)± square feet.

(1)

For alcohol-related small scale production:

Microbrewery: No more than fifteen thousand (15,000) barrels per year of fermented malt beverages production with tap or tasting room/bar/restaurant.

Microdistillery: No more than fifteen thousand (15,000) gallons per year production of spirituous beverages with tasting room/bar/restaurant.

Microwinery: No more than sixty thousand (60,000) gallons per year of vinous beverages per year with tasting room/bar/restaurant.

Assisted living facility (aka adult congregate living facility). Any building or buildings, section of a building, or distinct part of a building, residence, private home, boarding home, home for the aged or other place, whether operated for profit or not, that undertakes through its ownership or management to provide, for a period exceeding twenty-four (24) hours, housing, food service, and one (1) or more personal services for four (4) or more adults, not related to the owner or administrator by blood or marriage, who require such services; or to provide extended congregate care, limited nursing services or limited mental health services, when specifically licensed to do so pursuant to section 400.407 F.S., unless the facility is licensed as an adult family-care home. A facility offering personal services, extended congregate care, limited nursing services, or limited nursing services, or limited mental health services for fewer than four (4) adults is within the meaning of this definition, if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment that regularly provides such services, unless the facility is licensed as an adult family-care home (§ 400.402, F.S.).

Atrium house, garden apartment shall mean a garden apartment or atrium house is similar to, though distinct from, the patio home. It differs from the patio home in three (3) respects: it has a smaller lot and yard, it is an attached unit, and it is usually a single story unit. A small private yard is surrounded by the house and its walls; privacy is guaranteed. See drawing labeled "atrium house" at the back of this chapter.

Auto salvage yard shall mean a commercial business which disassembles inoperable vehicles for the purpose of resale of automobile parts. Not more than three (3) inoperable vehicles may be stored at any one (1) time. See "junkyard" for a business which stores more than three (3) inoperable vehicles.

Automotive repair, major includes activities listed under service station, as well as removal and major overhaul of engines, transmissions and drive systems, and all types of paint and body work.

Automotive repair, minor. See service station.

Automotive restoration/antique or classic (private and "not for profit") shall mean restoring of classic vehicles (more than twenty (20) years old) or antique vehicles (more than twenty-five (25) years old) by a private individual and "not for profit". All activities must take place under cover. Stored vehicles must be screened. Vehicles may not be stored in front of the principal structure and must be setback ten (10) feet from side and rear property lines. An individual who is restoring a classic or antique vehicle, may have three (3) inoperable vehicles as long as they are of the same make and model of the vehicle he is restoring.

Availability or available shall mean 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-S.0055(2), FAC (§ 9J-5.003 FAC).

Backlogged facility shall mean a State roadway, at least two-tenths (0.2) miles in length, operating below the Florida Department of Transportation's Statewide adopted minimum operating level of service standards for its functional classification, and that is not in the FDOT's five-year work program and has not been determined by FDOT to be a constrained facility. Unlike a constrained roadway, there are no prohibitive costs or environmental constraints.

Banquet hall shall mean an establishment, excluding restaurants and hotels, that provides facilities for wedding receptions, meetings, banquets, celebrations and other similar events as its primary business operation. The use of the establishment is restricted to those groups or individuals who have contracted for the use of the facilities and their invitees. The consumption of food and beverages, including alcoholic beverages are likely to occur at these establishments.

Bar shall mean an alcoholic beverage establishment devoted during any time of operation predominantly or totally to serving alcoholic beverages and where the serving of food, if any, is incidental to the consumption of any such beverage.

Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year, commonly referred to as the "one hundred-year flood."

Bed and breakfast shall mean a residential structure containing guest rooms where lodging with breakfast included is provided for compensation, and generally for a stay of a week or less. Bed and breakfast structures are normally found in established neighborhoods and may be the primary residence of the owner and innkeeper. Residential structures rented out for a season or for longer than a week or two (2) are considered boarding houses. See that definition.

Bicycle and pedestrian ways shall mean any road, path or way that is open to bicycle travel and traffic afoot and from which motor vehicles are excluded (§ 9J-5.003 FAC).

Billboard shall mean any permanently constructed sign, wall or other structure which advertises property, products, services, amenities or activities which are not available on the lot or parcel on which the structure is located.

Blighted areas shall mean developed areas that have deteriorated through neglect or abandonment and which could benefit the community if redeveloped.

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.

Bottle club shall mean a commercial establishment, operated for a profit, whether or not a profit is actually made, wherein patrons consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the establishment, whether the patrons bring in and maintain custody of their own alcoholic beverages or surrender custody to the establishment for dispensing on the premises, and which is located in a building or other enclosed permanent structure. This definition does not apply to sporting facilities where events sanctioned by nationally recognized regulatory athletic or sports associations are held, bona fide restaurants licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation whose primary business is the service of full course meals, or hotels and motels licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation or as defined herein.

Buffer yard shall mean an area between land uses or surrounding a land use which screens or blocks vision, light, noise, pollutants and other negative effects associated with land uses.

Buildable area shall mean the area of a lot, tract or parcel of land that remains after subtracting the area required by zoning setbacks.

Building shall mean a structure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel, packing house, or similar structure. Buildings may refer to a historically or architecturally-related complex, such as a house or jail, or a barn.

Building height means the vertical distance from the average finish grade elevation at the building line to the highest point of the structure. Maximum height limitations shall not apply to church spires, belfries, cupolas, domes, monuments, utility towers, cooling towers, fire observation towers, chimneys, smokestacks, antennas, transmission towers, mechanical equipment and housing for same, or other appurtenances either temporary or permanent.

Building line shall mean the regulatory building line is the internal limit of the required setback or the required yard. Once a building or structure is erected, the building line is the vertical projection of the outer limits of the exterior wall of a building or member of a structure onto the ground. A building line may coincide with the property line.

Building permit shall mean a permit that may be required by appropriate authority as described herein, relating to the location, construction, alteration, demolition, or relocation of structures within the area of jurisdiction.

Building site shall mean the lot, lots, or parcel of land upon which a building or use of land has been located or is proposed to be located.

Business offices shall mean the offices of individuals, associations or groups that provide business services to individuals, clients, businesses and corporations. Such offices include those in the business of real estate and insurance services; banking, financial, tax, investment and brokerage services; title and abstract companies; advertising, employment, travel, protective and collection agencies; business machine sales; pest control companies, telemarketing offices; customer service centers for corporations such as phone service, utility service, cable tv service, credit card customer services; business and management consulting services; and other business, political, labor and union, administrative and business office operations.

Camouflaged construction shall mean methods of design and construction of communication towers which permit such towers to unobtrusively blend into the existing surroundings and disguised so as to not have the appearance of a communication tower. Notwithstanding the camouflaged construction, the structure shall continue to be considered a communication tower for purposes of this Code. Examples of camouflaged construction include manmade trees, clock towers, bell steeples, and light poles.

Canopy shall mean the area shaded by the crown of a mature tree.

Canopy tree refers to tree that may be counted as a shade tree and is listed among the approved species for the City's landscape regulations.

Capital budget shall mean the portion of each local government's budget that reflects capital improvements scheduled for a fiscal year (§ 9J-5.003 FAC).

Capital improvement shall mean physical assets constructed or purchased to provide, improve or replace a public facility and that are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multi-year financing. For the purposes of this rule, physical assets that have been identified as existing or projected needs in the individual comprehensive plan elements shall be considered capital improvements (§ 9J-5.003 FAC).

Capital improvement program (CIP). A five-year listing of proposed capital improvement projects, sent to DCA annually, as required by State statute.

Caterers shall mean public food service establishments where food or drink is prepared for service elsewhere. The term includes catering kitchens and commissaries. The term "caterer" does not include those establishments licensed pursuant to F.S. Chs. 500 or 381, or which exclusively prepare or serve traditional bakery goods such as cakes, pastries, bagels, or confections.

Cemetery shall mean a plot or parcel of land used or intended for use as a burial place in or above the ground for dead human bodies, whether or not markers or monuments are used.

Central business district shall mean a compact urban core area of a municipality or unincorporated urbanized area which serves as the primary center for economic activity in the jurisdiction (§ 9J-5.003 FAC). The City of Winter Haven has a designated central business district that is exempt from certain sign, landscaping and setback regulations. The district is bounded by Avenue D-NW, First Street, Avenue C-SW, and 6th Street (US 17).

Child care shall mean the care, protection, and supervision of a child, for a period of less than twenty-four (24) hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for car (F.S. § 402.302).

Child care, drop-in shall mean child care provided occasionally in a child care facility in a shopping mall or business establishment where a child is in care for no more than a four-hour period and the parent remains on the premises of the shopping mall or business establishment at all times. Drop-in child care arrangements shall meet all requirements for a child care facility unless specifically exempted (F.S. § 402.302).

Child care, evening shall mean child care provided during the evening hours and may encompass the hours of 6:00 p.m. to 7:00 a.m. to accommodate parents who work evenings and late-night shifts (F.S. § 402.302).

Child care, weekend shall mean child care provided between the hours of 6:00 p.m. on Friday and 6:00 a.m. on Monday (§ 402.302, F.S.).

Child care facility shall mean any child care center or child care arrangement which provides child care for more than five (5) children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included:

(a)

Public schools and nonpublic schools and their integral programs, except as provided in § 402.3025, F.S.;

(b)

Summer camps having children in full-time residence;

(c)

Summer day camps;

(d)

Bible schools normally conducted during vacation periods; and

(e)

Operators of transient establishments, as defined in Chapter 509 F.S., which provide child care services solely for the guests of their establishment or resort, provided that all child care personnel of the establishment are screened according to the level 2 screening requirements of Chapter 435 F.S. (402.302, F.S.).

Church/synagogue means tax exempt buildings used for nonprofit purposes by a recognized and legally established sect for purpose of worship, including educational buildings when operated by such church/synagogue.

City. The City of Winter Haven, Florida. The word "City" shall be construed as if the words "of Winter Haven" followed them.

Classic car/vehicle means a vehicle twenty (20) years or older.

Clearing shall mean the alteration of the shoreline vegetation by complete removal, chemical treatment, and mechanical or non-mechanical uprooting.

Clerk of the circuit court shall mean the clerk of the circuit court in and for Polk County, Florida.

Club, private means an association of persons for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. This definition shall include the terms "lodge," "fraternal orders" and "societies" and shall apply to all social organizations not operated for a profit other than for their own purpose.

Cluster development shall mean generally refers to a development pattern in which residential units are grouped, or clustered, rather than spread evenly throughout a parcel as a conventional lot by lot development, thus allowing for preservation of open space, natural resources, or recreational areas to serve its residents.

Clustering shall mean the grouping together of structures and infrastructure on a portion of a development site (§ 9J-5.003 FAC).

Cocktail lounge means and includes the terms "tavern," "pub," "sports bar," and similar terms, synonyms and uses in which alcoholic beverages are sold and/or consumed on the premises and in which no customer dancing or paid entertainment other than music is permitted.

Code. Whenever the word "code" is used it shall mean this unified land development code of the City of Winter Haven, Florida.

Code enforcement officer shall mean any designated or authorized employee or agent of the City designated by the City Manager, whose duty it is to enforce or assure compliance with codes and ordinances enacted by the City.

Collector road shall mean a roadway providing service that 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 (§ 9J-5.003 FAC).

Commercial means relating to or is connected with any aspect of buying or selling any goods, products, or services.

Commercial building shall mean any structure which is used for commercial purposes and other structures which are located on property which is primarily used for commercial purposes whether or not said structure is actually used for commercial purposes itself.

Commercial uses shall mean activities within land areas which are predominantly connected with the sale, rental and distribution of products, or performance of services (§ 9J-5.003 FAC).

Commission shall means the City commission for Winter Haven, Florida.

Communication antenna shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communications signals.

Communication tower shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more communication antenna for telephone, radio, and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, camouflaged towers, and any support structures thereto.

Compatibility shall mean a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition (§ 9J-5.003 FAC).

Concurrency shall mean the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur (§ 9J-5.003 FAC).

Concurrency management system shall mean 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 (§ 9J-5.003 FAC).

Concurrent with the impacts of development shall mean 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.

Conditional use shall mean a use legislatively designated as such and that, due to characteristics attendant to its operation (for example, potential danger, neighborhood impacts, etc.), may be permitted or denied by the City commission, according to established standards and subject to special requirements, different from those usual requirements for the district in which the conditional use may be located.

Condominium shall mean that form of ownership of condominium property under which units of improvements are subject to ownership by one (1) or more owners, and there is appurtenant to each unit as part thereof an undivided share in the common element.

Cone of influence shall mean an area around one (1) 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 (§ 9J-5.003 FAC).

Conservation shall mean the preservation of native plants and trees to provide canopy, buffer yards, and reduce water demanded to maintain landscaping.

Conservation easement shall mean a right or interest in real property intended to maintain land or water areas predominantly in their natural, scenic, open, or wooded condition. Such areas may preserve habitat for fish, plants, or wildlife; the structural integrity or physical appearance of sites of historical, architectural, archaeological, or cultural significance; or existing land uses compatible with conservation of natural resources.

Conservation uses shall mean activities or conditions within land areas designated for the purpose of conserving or protecting natural resources or environmental quality, including areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, commercially or recreationally valuable fish and shellfish, or protection of vegetative communities or wildlife habitats (§ 9J-5.003 FAC).

Constrained facility shall mean a segment of roadway on the State highway system operating below the adopted level of service standard and unable to reach the standard because of prohibitive costs and environmental constraints. Existing level of service must be maintained on these roadways.

Consumptive use permit shall mean a permit issued by the water management district that allows the production (or pumping) of groundwater up to a specified amount, usually expressed in gallons per day.

Convalescent home. See nursing home.

Crematories, funeral homes, mortuaries shall mean an establishment engaged in preparing the dead for burial, conducting funerals and cremating the dead and includes emergency ambulance service.

Day care center. See child care facility.

DCA. See FDCA.

Demolition shall mean 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 shall mean the objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre (§ 9J-5.003 FAC).

Density bonus. An additional number of dwelling units above what would otherwise be permissible within a particular zoning classification or future land use classification.

Density, gross, for cluster subdivision. For purposes of calculating gross density, the development site shall include all platted residential lots, together with roads, drainage facilities, utility sites and all other common property within the perimeter of the subject property, regardless of whether such facilities will ultimately be dedicated to the City.

Developer. Any person, including a governmental agency, undertaking any development (§ 380.031 F.S.).

Development. "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. Reference to particular operations is not intended to limit the generality of this subsection, (§ 380.04 F.S.). The following activities or uses shall be taken to involve "development":

a.

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

b.

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.

c.

Alteration of a shore or bank of a river, lake, pond or canal.

d.

Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of land.

e.

Demolition of a structure.

f.

Clearing of land, except for ordinary mowing or the removal of undesirable shrubs, weeds or trees less than one and one-half (1½) inches in diameter, where such clearing does not significantly disturb the soil.

g.

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":

a.

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.

b.

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.

c.

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, or minor repair activities such as reroofing, replacement of existing rotted components or similar minor work.

d.

The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.

e.

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.

f.

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.

g.

A change in the ownership or form of ownership of any parcel or structure.

h.

The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

Development capacity shall mean 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 under-utilized capacity.

Development controls shall mean standards in the comprehensive plan which control the development or use of land and which are in addition to the densities, intensities, and uses assigned to land by the future conditions maps (§ 9J-5.003 FAC).

Development of regional impact (DRI) shall mean any development that, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one (1) county.

Development order shall mean any order granting, denying, or granting with conditions an application for a development permit (F.S. § 380.031).

Development permit includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development (F.S. § 380.031).

Development site shall mean one (1) or more parcels of land included in a single development plan which constitute the entire area of development shown on a site plan or subdivision plat. The development site must include all land needed for required bufferyards and landscaping, parking (except as provided for in section 21-143), and internal access roads or driveways.

Development Special Magistrate shall mean the Development Special Magistrate of the City of Winter Haven appointed by the City Commission pursuant to section 21-462 of this Code.

Dimensional variances shall mean a departure from the terms of this Code pertaining to height, width, depth and area of structures and size of yards and open spaces, where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of the actions of the applicant, the literal enforcement of this Code would result in unnecessary and undue hardship.

Disabled home shall mean a facility that houses disabled individuals over the age of eighteen (18) 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 normally serving adult residents.

Disabled person shall mean a person who has a physical or mental impairment that substantially limits one (1) or more major life activities, or has a record of having, or is regarded as having, such physical or mental impairment; or a person who has a development disability as defined by State law.

Dormitory, fraternity house or sorority house shall mean a building in which rooms are provided for occupancy by, and maintained as a place of residence exclusively for students affiliated with an academic or professional college or university, with or without meals, and when approved and regulated by such institution.

Downtown business district means an area bounded on the north by Avenue D-N.W.; on the west by Sixth Street; on the south by Avenue C-S.W.; and on the east by First Street, and property abutting said streets (Defined by Ord. No. 92-21, § 1, 7-13-92; Ord. No. 93-3, § 3, 10-11-93).

Drainage basin. See stormwater basin.

Drainage detention structure. See stormwater management detention structure.

Drainage facilities. See stormwater management facilities.

Drainage retention structure. See stormwater retention structure.

Drive-in restaurant shall mean a business establishment where food or drink is served to patrons in automobiles, or that have take-out services or provide parking spaces, or outside tables for use by patrons.

Driveway shall mean a private road or way extending from a street or alley to a lot, parcel of land, or a structure. In residential areas, driveways typically provide a location for off-street parking.

Dry-cleaning drop-off site shall mean a facility that provides a convenient location for dry-cleaning drop-off, as well as drop off for weekly washing service, which may or may not have a drive-thru window. Some dry-cleaning drop-off sites may employ persons who do alterations and sewing of some kind. In the City of Winter Haven, dry-cleaning drop-off sites are usually small in scale and may be located in most commercial areas, but shall not house the actual industrial dry-cleaning operation, due to the use of hazardous chemicals in the dry-cleaning operation.

Dry-cleaning plant shall mean a facility in business to provide dry-cleaning services, on a large scale, for off-site customers. A dry-cleaning plant is an industrial operation, is not open to serve the general public, and is regulated by environmental laws that require the safe disposal of contaminated solvents and wash water used in the cleaning process.

Duplex, two-family dwelling, twin house shall mean a single, residential building containing two (2) dwelling units. See drawing labeled "twin house" at back of this Code.

Dwelling shall mean a house, apartment, or building used primarily for human habitation. The word "dwelling" shall not include hotels, motels, tourist courts, dormitories, fraternities, sororities, rooming houses, boarding houses, or other buildings for transients. Dwellings rented for sixty (60) days or less shall be classified as a boarding house.

Dwelling, single-family shall mean a building used or designed to be used as one (1) dwelling unit.

Dwelling, two-family. See duplex. A building used or designed to be used for two (2) dwelling units.

Dwelling, multiple-family shall mean a building used or designed to be used for three (3) or more dwelling units.

Dwelling unit shall mean a single unit of residence for a family or one (1) or more persons. Examples of dwelling units include: a single-family home; an apartment unit within an apartment building; and in other types of dwellings in which sleeping accommodations are provided but toilet facilities or cooking facilities are shared by occupants of more than one (1) room or portion of the dwelling, rooms in which people sleep. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons.

EAR shall mean an evaluation and appraisal report as defined in 163.3191, F.S. (§ 9J-5.003 FAC). This report is required with the submittal of comprehensive plan amendments to the DCA.

Easement shall mean 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.

Eaves shall mean the extension or overhang of a roof, measured from the outer face of the supporting wall or column to the farthest point of the overhanging structure.

Educational uses shall mean 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 (§ 9J-5.003 FAC).

Efficiency apartment. A minimum dwelling unit.

Environmentally sensitive land shall mean areas of land or water which are determined necessary by the local government, based on locally determined criteria, to conserve or protect natural habitats and ecological systems. Nothing in this definition shall be construed to prohibit silvicultural operations which employ the Florida Department of Agriculture and Consumer Affairs Best Management Practices as revised in 1993 (§ 9J-5.003 FAC).

EPA means United States Environmental Protection Agency.

ERC or equivalent residential connections shall mean the factor computed by dividing the estimated monthly sewage flow, in gallons, from institutional and commercial premises, by eight thousand (8,000) gallons.

Evacuation routes means routes designated by county civil defense authorities or the regional evacuation plan, for the movement of persons to safety, in the event of a hurricane (§ 9J-5.003 FAC).

FAA shall mean the Federal Aviation Administration.

FAC shall mean Florida Administrative Code.

FCC shall mean the Federal Communications Commission.

FDCA or DCA shall mean the Florida Department of Community Affairs.

Facility availability shall mean whether or not a facility is available in a manner to satisfy the concurrency management system (§ 9J-5.003 FAC).

Family shall mean one (1) or more persons occupying a dwelling unit and living as a single nonprofit housekeeping unit.

Family, immediate shall mean those persons who are related to a family member by blood, marriage or adoption.

Family day care home shall mean an occupied residence in which child care is regularly provided for children from at least two (2) unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one (1) of the following groups of children, which shall include those children under thirteen (13) years of age who are related to the caregiver:

(a)

A maximum of four (4) children from birth to twelve (12) months of age.

(b)

A maximum of three (3) children from birth to twelve (12) months of age, and other children, for a maximum total of six (6) children.

(c)

A maximum of six (6) preschool children if all are older than twelve (12) months of age.

(d)

A maximum of ten (10) children if no more than five (5) are preschool age and, of those five (5), no more than two (2) are under twelve (12) months of age (§ 402.302, F.S.).

Family foster home shall mean a private residence in which children who are unattended by a parent or legal guardian are provided twenty-four-hour care. Such homes include emergency shelter family homes, family foster group homes, and specialized foster homes for children with special needs. The following are not considered a family foster home: a person who cares for a child of a friend for a period not to exceed ninety (90) days; a relative who cares for a child and does not receive reimbursement for such care from the State or Federal government; or an adoptive home which has been approved by the State or by a licensed child-placing agency for children places for adoption (§ 409.175, F.S.).

FDCA (DCA) shall mean Florida Department of Community Affairs; and the arm of the State government that administers the growth management act by reviewing all comprehensive plans and amendments.

FDEP (DEP) shall mean Florida Department of Environmental Protection, formerly the Departments of Environmental Regulation and Natural Resources.

FDOT (DOT) shall mean Florida Department of Transportation.

FEMA shall mean Federal Emergency Management Agency.

Fence shall mean any enclosure, barrier or wall designed for the prevention of straying from within, intrusion or privacy, including, but not limited to, enclosures constructed of chain link material, wire, wood, cement block or masonry materials. Fence shall not include principal walls of any building or structure.

Filling station (convenience store with gas) shall mean a building and land used or intended for use to dispense, sell, or offer for sale any motor fuels, oils, or automotive accessories, but where no major automotive repair, body rebuilding, welding, tire capping, or painting is or is intended to be performed.

Flag lot. See lot, flag.

Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry lands from:

(1)

The overflow of inland waters;

(2)

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

Flood hazard boundary map (FHBM) shall mean an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A.

Flood insurance rate map (FIRM) shall mean 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.

Floodplain shall mean land that will be inundated by floods known to have occurred or reasonably characteristic of what can be expected to occur from the overflow of inland or tidal waters and the accumulation of runoff of surface waters from rainfall.

Floodproofing shall mean any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood-prone areas shall mean areas inundated during a 100-year flood event or areas identified by the National Flood Insurance Program as an "A" zone or "V" zone on flood insurance rate maps or flood hazard boundary maps, produced by FEMA (§ 9J-5.003 FAC).

Flood protection elevation shall mean the elevation of the base flood plus one (1) foot.

Floodway shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Floor area, gross shall mean the total floor area expressed in square feet of an enclosed building or structure measured from its outside dimensions, including any and all building floors.

Floor Area, gross leasable area (GLA) shall mean the total floor area expressed in square feet within a building which is designed for tenant occupancy or use.

Floor area ratio (FAR) shall mean the measurement of a building's gross floor area in relation to the total area of land on which the building is placed as determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

Floor space shall mean that portion of the total area of a building which is suitable for year-round use, including fully enclosed porches and breezeways, but excluding enclosed garages, carports, and screened porches.

Florida master site file shall mean 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 shall mean a residential facility which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such a facility shall not be more than three (3) residents (§ 393.063, F.S.).

Frontage shall mean the distance or width of a parcel of land measured along a public street right-of-way.

F.S. means Florida Statutes, the laws of the State.

Full kitchen facilities shall mean a kitchen with adequate commercial food preparation equipment to be able to prepare multi-course meals from raw ingredients and shall include commercial exhaust grease removal systems, or automatic fire extinguishing systems and grease traps. Microwaving of prepackaged food shall not be considered full kitchen facilities.

Funeral homes, mortuaries, and crematories shall mean an establishment engaged in preparing the dead for burial, conducting funerals and cremating the dead and includes emergency ambulance service.

Garage shall mean a building or structure designed to be used for the storage and/or repair of automotive vehicles.

(1)

Community garage. A structure or series of structures, under one (1) roof, and under one (1) ownership, for the storage of vehicles by three (3) or more owners or occupants of property in the vicinity, where such structure has no public shop or mechanical devices in connection therewith.

(2)

Private garage or residential garage. A building for the private use of the owner or occupant of a principal building, situated on the same lot with the principal building, for the storage of motor vehicles, with no facilities for mechanical service or repair of a commercial or public nature.

(3)

Public garage. A building designed and used for the storage of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

(4)

Repair garage. A building designed and used for storage, care, repair or refinishing of motor vehicles including both minor and major mechanical overhauling, paint and body work.

Garage apartment shall mean an accessory building with storage capacity for one (1) or more automobiles, and having one (1) or more living units.

Garden apartment, atrium house shall mean a garden apartment or atrium house is similar to, though distinct from, the patio home. It differs from the patio home in three (3) respects: it has a smaller lot and yard, it is an attached unit, and it is usually a single-story unit. A small private yard is surrounded by the house and its walls; privacy is guaranteed. See drawing labeled "atrium house" at the back of this Code.

Gross acreage shall mean the entire land and water area included within the property boundaries.

Gross floor area (GFA) shall mean the total floor area of a building from its outside dimensions.

Gross leasable area (GLA) shall mean the floor area of a building, less administrative, public and similar areas.

Group home facility shall mean a residential facility which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such a facility shall be at least four (4) residents but not more than fifteen (15) residents. For the purposes of this chapter, group home facilities shall not be considered commercial enterprises (§ 393.063, F.S.).

Guest house shall mean a single-family dwelling located on the same lot as another residence and which is not occupied year round except by members of the family or guests of the family. A guest house is an accessory building.

Halfway house shall mean any dwelling used as a home for juvenile offenders; for residential care or rehabilitation of adult offenders in lieu of institutional sentencing; for residential care and treatment of persons leaving correctional and mental institutions; as a shelter for teenage runaways; or as a residential treatment center for alcohol and drug users.

Hazardous material shall mean a hazardous chemical, toxic chemical, or extremely hazardous substance, as defined in s. 329 of Title III, Superfund Amendments and Reauthorization Act of 1986 (42 USC s. 11001, et seq.) (§ 252.82 F.S.).

Hazardous waste shall mean 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).

Health care and medical offices shall mean the offices of medical, dental and other outpatient health care providers; medical and dental laboratories; optician and optical services; psychological and counseling services; chiropractic services; massage therapists; and the offices of other health care providers, professional associations and groups.

Height. When referring to a communication tower or other structure, height shall mean the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

High-water mark shall mean the line of elevation around each of the lakes and waterways within the corporate area of the City as established by the City.

Historic resources shall mean all areas, districts or sites containing properties listed on the Florida Master Site File, the National Register of Historic Places, or designated by a local government as historically, architecturally, or archaeologically significant (§ 9J-5.003 FAC).

Historic site shall mean a single lot or portion of a lot containing an improvement, landscape feature, or archaeological site, or a historically related complex of improvements, landscape features or archaeological sites that may yield information on history or prehistory.

Home occupation shall mean an accessory use in a residential area consisting of an occupation carried on entirely within a dwelling and only by members of the immediate family; where no evidence of the home occupation is noticeable from outside the property lines; where no pedestrian or vehicular traffic in excess of that which is customary in residential areas is generated; and where no commercial vehicles are kept on the property or parked overnight on the property, unless otherwise permitted by this Code. Usual home occupations include, but are not limited to, personal services such as are furnished by a musician, artist, beauty operator, seamstress, notary public; home party sales venue such as makeup, home accessories, clothing, cleaning products and catalogue sales; telephone sales; computer work; piece work; work conducted by a professional such as an architect, attorney, certified public accountant, consultant, financial advisor, insurance broker/salesman, mapper or planner; artists and crafters who produce inventory for sale in commercial shops or settings.

Hospice shall mean a centrally administered corporation not for profit ("not for profit" as defined in Chapter 617, F.S.) providing a continuum of palliative and supportive care for the terminally ill patient and his or her family (§ 400.601, F.S.).

Hospice residential unit shall mean a homelike living facility, or other facility licensed under other parts of chapter 400, F.S., or c. 395, F.S., that is operated by a hospice for the benefit of its patients and is considered by a patient who lives there to be his or her primary residence (§ 400.601, F.S.).

Hospitals shall mean an establishment engaged in providing health in-patient facilities, in which medical or surgical services are a main function.

Hot dog cart shall mean a mobile food dispensing vehicle that limits the preparation of food to frankfurters.

Hotel shall mean a building designed to provide accommodations for transients or persons for short-time residence, with or without meals, providing for ten (10) or more sleeping rooms with no provisions for cooking in such rooms, and including customary accessory uses in connection with the principal use.

Household pets shall mean domesticated animals that are customarily kept for pleasure and are typically maintained within the confines of a residence.

Hurricane shelter shall mean a structure designated by local officials as a place of safe refuge during a storm or hurricane (§ 9J-5.003 FAC).

Impervious surface shall mean a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, surfaces such as compacted sand, compacted clay, shellrock, limerock, concrete and asphalt, as well as most conventionally surfaced streets, roofs, sidewalks, driveways, parking lots and other similar installations.

Impervious surface ratio (ISR) shall mean the measurement of the total area of impervious surface area on a lot in relation to the total area of the lot.

Incompatible land uses shall mean land uses that, if occurring adjacent to one another, have a detrimental effect on one (1) or both of the uses.

Indoor refers to that which is within a building.

Industrial uses shall mean the activities within land areas predominantly connected with manufacturing, assembly, processing, or storage of products (§ 9J-5.003 FAC).

Infrastructure shall mean those manmade structures that 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 (§ 9J-5.003 FAC).

Inoperable vehicle shall mean a motor vehicle which does not have a current State license plate; or a vehicle which is licensed but is disassembled or wrecked in part or in whole and is unable to move under its own power.

Intensity shall mean an objective measurement of the extent to which land may be developed or used, including the consumption or use of the space above, on or below ground; the measurement of the use of or demand on natural resources; and the measurement of the use of or demand on facilities and services (§ 9J-5.003 FAC).

Junkyard shall mean a place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or closed storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations. Storage of more than three (3) inoperable vehicles constitutes a junkyard.

Note: An individual who is restoring, not for profit, a classic or antique vehicle, may have three (3) inoperable vehicles as long as they are of the same make and model of the vehicle he/she is restoring.

Lakeshore shall mean any land between the waterline of a lake to any public road or street or any land owned by the City and running to the waterline of any lake.

Land area shall mean the total land area within the property lines.

Land development regulations includes local zoning, subdivision, building, and other regulations controlling the development of land (§ 380.031 F.S.).

Large scale drinking establishment shall mean an alcoholic beverage establishment that offers on-site consumption of alcoholic beverages purchased on-site, with a maximum occupancy, as determined by the City of Winter Haven Fire Marshal, of more than thirty (30) persons.

Land use shall mean the development that has occurred on land (§ 380.031 F.S.).

Laundromat—Self service shall mean an establishment that provides washing and drying machines on the premises for rental use to the general public. This type establishment may be staffed by an attendant, who may wash and dry clothes in the rental machines for a fee.

Laundry plant shall mean a facility in business to provide laundry services, on a large scale, for off-site customers. Typical clients of a commercial laundry are industrial businesses which require uniforms, floor mats, dust mops and other dust control systems; industrial food preparation plants that require sanitized uniforms and towels; car dealerships and repair shops that require shop towels and mats to prevent slipping on oily surfaces; hotels, motels, and restaurants that require the daily delivery of linens; hospitals, and nursing homes that may require any combination of the above. A laundry plant is an industrial operation, not open to serve the general public, and is regulated by environmental laws that require the safe disposal of contaminated solvents and wash water used in the cleaning process.

Lending institution shall mean any bank, insurance company, savings and loan association or any other person or organization regularly engaged in the business of lending money or guaranteeing loans.

Level of service (LOS) shall mean 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 (§ 9J-5.003 FAC).

Livestock shall means animals other than household pets, which are kept for use, for propagation, or for intended profit or gain. Livestock shall specifically include, but not be limited to, cattle, horses, mules, swine, sheep, fowl (chickens, turkeys, ducks, geese, etc.), goats, mink, rabbits, and bees.

Living area shall mean that area of a dwelling unit, enclosed, which is protected from the elements including interior halls, closets, utility and storage areas, but excluding garages, carports, screened porches, non-enclosed areas, cellars, basements and attics.

Living unit shall mean a room or rooms comprising the essential elements of a single housekeeping unit. Facilities for the preparation, storage and keeping of food for consumption within the premises shall cause a unit to be construed as a living unit. Includes the term "dwelling unit."

Loading and unloading area shall mean any land, lakeside, or dock space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities or persons.

Local comprehensive plan shall mean any or all local comprehensive plans or elements or portions thereof prepared, adopted, or amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, as amended (§380.031 F.S.).

Local road shall mean a roadway providing service that is of relatively low traffic volume, short average trip length or minimal through traffic movements, and high volume land access for abutting property (§ 9J-5.003 FAC).

Lodging house shall mean a building in which up to four (4) sleeping rooms are provided for occupancy by nontransient persons with or without meals. A lodging house may include living quarters containing independent cooking facilities designed for the resident manager only.

Lot shall mean a piece, parcel, tract or plot of land occupied or to be occupied by one (1) principal building and its accessory buildings and including the required yards and shall include all lots of record included in such piece, parcel, tract or plot of land, and all other lots otherwise designated.

Lot area shall mean the horizontal land area computed in square feet or acres. Small boat slips or other minor indentations shall be considered upland of the shoreline or the high-water mark when computing waterfront property areas.

Lot, corner shall mean any lot situated at the intersection of two (2) streets and abutting such streets on two (2) adjacent sides.

Lot coverage shall mean the total ground floor area in square feet of all buildings and structures located on a lot. Maximum percentage of lot coverage permitted shall not include covered parking areas without side or rear walls, nor projection of eaves, stairways or fire escapes, but shall include any garage, carport, porch or storage area attached to the principal building. Swimming pools and patios uncovered or covered with screen enclosures, and sidewalks, driveways and uncovered parking areas shall not be included in computing lot coverage.

Lot, depth shall mean the distance measured in a mean direction of the side lot lines of the lot from the midpoint of the front lot line to the midpoint of the opposite rear line of the lot.

Lot, double-frontage shall mean any lot abutting two (2) streets and abutting such streets on two (2) opposite sides.

Lot, flag shall mean a flag lot is a residential lot that has the minimum required frontage on a public or privately maintained street, is normally served by a private driveway, and contains the minimum lot area and lot width at the building line, exclusive of the portion of the lot used for access via the driveway ("the flag pole").

Lot, interior shall mean any lot bounded on both sides by other lots.

Lot line:

(1)

Front lot line shall be that property line which is common with the road right-of-way. In lots having frontage on two (2) or more streets, the front lot line shall be considered to be that facing the major entrance of the principal building which has been or is proposed to be erected thereon.

(2)

Rear lot line shall be that property line, or on waterfront property that high-water mark, most nearly opposite the front lot line and generally running approximately parallel thereto.

(3)

Side lot lines shall be any property line, or on waterfront property any high-water mark, other than the front or rear line.

Lot-line house, zero lot-line development) shall mean a single-family detached unit which instead of being centered on the lot, is placed against one (1) of the side lot lines. This makes the side yard usable and requires less land than a house centered on its lot. The front yard, which is seldom used, may be substantially reduced. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. See the drawing labeled "lot-line house" in the back of this chapter.

Lot of record shall mean a lot whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat, either prior to the effective date of this Code or after the effective date of this Code.

Lot, substandard shall mean any lot of less than five thousand (5,000) square feet in area or less than fifty (50) feet in width at the front building line, in all districts except business districts.

Lot, width shall mean the mean horizontal distance between the side lot lines, measured at right angles thereto.

Low income persons shall mean one (1) or more natural persons or a family, the total annual adjusted gross household income of which does not exceed eighty (80) percent of the median annual adjusted gross income for households within the State, or eighty (80) percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. For the City of Winter Haven, the median income of Polk County is used (420.004, F.S. 1991 and (§ 9J-5.003 FAC).

Major automotive repair includes activities listed under service station, as well as removal and major overhaul of engines, transmissions and drive systems, and all types of paint and body work.

Major trip generators or attractors shall mean concentrated areas of intense land use or activity that produces or attracts a significant number of local (vehicle) trip ends (§ 9J-5.003 FAC).

Manufactured home (aka mobile home) shall mean a structure, transportable in one (1) or more sections, which, in the traveling mode, is twelve (12) body feet or more in width, and which is built on a metal frame and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. If fabricated after June 15, 1976, each section bears a U.S. Department of Housing and Urban Development label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards (§ 320.01, F.S. 1992 supplement).

Manufactured home park (aka mobile home park) shall mean a development site on which manufactured homes are installed and organized around a common set of amenities, including private internal roads, clubhouse or recreation facility, and common open space. A manufactured home park may be platted and otherwise divided by fee simple ownership; however, the sale of interests or memberships on a condominium basis is permitted. All facilities, including roads, are privately owned or owned in common by residents of the park.

Manufacture of finished products includes small-scale production of finished goods and products, such as, carpentry shops, upholsterers, furniture lamination, decorative and ornamental fencing or ironworks, canvas awnings and boat accessories, and similar activities.

Manufacturing shall mean general, large-scale production of goods and products from raw materials, to either a finished product or intermediate product.

Marinas, resort shall mean sheltered water or harbor areas with docking facilities for sports and pleasure boats, houseboats, and watercraft to be used for living purposes, meeting the requirements of the county and State boards of health, but may also include watercraft docked and not used for living purposes. Accessory uses may include the sale of fuel and lubricants; service buildings with laundry facilities, showers, toilets and lavatories; and recreational facilities.

Marinas, sports shall mean a commercial establishment engaged in the sale, maintenance, repair, docking and storage, wet or dry, of boats and watercraft used for pleasure or sports purposes, and accessories including motors, trailers, equipment and supplies. The sale of fuel and lubricants, provisions, bait and tackle shall be permitted.

Marquees and canopies shall mean any shelter, cover or protection, extending beyond the outer face of the building wall, of either a rigid or nonrigid construction, designed and intended to be used for the purpose of shelter or protection of entrances and walkways.

Medical and health care offices shall mean the offices of medical, dental and other outpatient health care providers; medical and dental laboratories; optician and optical services; psychological and counseling services; chiropractic services; massage therapists; and the offices of other health care providers, professional associations and groups.

Medical marijuana dispensing facility shall mean any property where medical cannabis, low-THC cannabis, products containing marijuana or low-THC cannabis, or marijuana delivery devices are sold, purchased, delivered or dispensed for medical use by a medical marijuana treatment center.

Medical marijuana treatment center as defined by Section 29, Article X of the State Constitution.

Mast shall mean the portion of the outside antenna system to which the antenna is attached, and the support or extension required to elevate the antenna to a height being necessary for adequate operation.

Minerals shall mean all solid minerals, including clay, gravel, phosphate rock, lime, shells (excluding live shellfish), stone, sand, heavy minerals, and any rare earths, that are contained in the soils or waters of the State (§ 9J-5.003 FAC).

Mining shall mean the act of taking mineral or organic substances from a pit or excavation in the earth.

Minor arterial shall mean a route that is relatively continuous, of high traffic volume, of shorter trip lengths, of moderate operating speed. Minor arterials allow greater access to adjacent properties. Such roads are designated on the Future Traffic Circulation Map of the City of Winter Haven Comprehensive Plan.

Minor automotive repairs (service station) shall mean activities conducted at a service garage involving maintenance or small-scale mechanical work on motor vehicles. This shall include inspection, maintenance, repair or replacement of the following: brake systems; ignition and electrical systems; carburetors and fuel systems; batteries; oil, antifreeze and other fluids; and tires. Also included are auto washing and detailing, and the tuning and adjustment, but not disassembly or removal, of engines and transmissions.

Mitigation shall mean any action, including, but not limited to, restoration, enhancement, or creation of wetlands, required to be taken in order to offset environmental impacts on permitted activities.

Mobile food dispensing vehicle (MFDV) shall mean a vehicle-mounted public food service establishment. Some MFDVs are self-propelled and built to travel on public streets. Other MFDVs are not self-propelled but can be moved from place to place. MFDVs may even be watercraft.

Mobile food establishment (MFE) shall mean persons selling foods other than whole fresh fruits or vegetables from non-fixed structures. MFEs consist of mobile vendors and semi-permanent vendors. Semi-permanent vendors shall include persons selling foods other than fresh fruits and vegetables from a pushcart, flea market stand, roadside stand, kiosk, or similar structure and which may offer ancillary food service.

Mobile food vending shall mean selling foods (other than fresh fruits and vegetables) from trucks, trailers or similar self-propelled conveyances, or non-fixed structures such as tables, booths, or kiosks. Mobile food vending shall include mobile food establishments, mobile food dispensing vehicles, and hot dog carts.

Mobile food vending rally shall mean gatherings of more than two (2) mobile food vendors in one (1) location on a date certain and shall require a mobile food vending rally permit.

Mobile food vendor shall mean a person or business that mobile food vends.

Moderate income persons shall mean one (1) or more natural persons or a family, the total annual adjusted gross household income of which does is less than one hundred twenty (120) percent of the median annual adjusted gross income for households within the State, or one hundred twenty (120) percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. For the City of Winter Haven, the median income of Polk County is used (§ 420.004, F.S. 1991 and § 9J-5.003 FAC).

Modular unit or home shall not mean a manufactured home (aka mobile home) but refers to a unit partially constructed off-site (such as trusses and wall sections) and assembled at the site as a standard home or building unit, meeting all the Southern Building Standard Code requirements. Modular homes are indistinguishable from site-built homes.

Motel shall also include the terms motor hotel, tourist court, transient accommodations, and efficiency motel; a building primarily for the use of persons traveling by automotive vehicles and consisting of two (2) or more rooms or suites for rent for the purpose of sleeping and/or light housekeeping with no common entrance or lobby.

Motor home shall include the terms recreational vehicle, motor coach, sport coach, and describe any self-propelled vehicle fitted and equipped for living purposes, including facilities for sleeping or preparation of goods for consumption.

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 Interior.

Natural drainage features shall mean the naturally occurring features of an area which accommodate the flow of significant amounts of stormwater, such as streams, rivers, lakes, sloughs, floodplains, and wetlands (§ 9J-5.003 FAC).

Natural drainage flow shall mean the pattern of surface and stormwater drainage through or from a particular site before the construction or installation of improvements or prior to regrading (s. 9J-5.003 FAC).

Natural reservations shall mean areas designated for conservation purposes, and operated by contractual agreement with or managed by a Federal, State, regional or local government or non-profit agency such as: national parks, State parks, lands purchased under the Save Our Coast, Conservation and Recreation Lands or Save Our Rivers programs, sanctuaries, preserves, monuments, archaeological sites, historic sites, wildlife management areas, national seashores, and outstanding Florida waters. This definition does not include privately owned land managed by a State agency on either a voluntary or a short-term contractual basis (§ 9J-5.003 FAC).

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

New construction shall mean structures for which the start of construction commenced on or after the effective date of this Code.

Nightclub shall mean an alcoholic beverage establishment where alcoholic beverages are offered for sale and consumption on the premises and at which customer dancing, floor shows, paid entertainment, and/or disc jockeys are customarily present. A nightclub may or may not require the payment of a fee or cover charge for entry into the establishment.

Nonconforming lot shall mean any lot which does not meet the minimum dimensions, area, or other regulations of the district in which the lot is located.

Nonconforming structure shall mean any structure which does not meet the minimum dimensions, area or other regulations for the district in which it is located.

Nonconforming use of land the use of any land other than a use specifically permitted in the district in which the lot or parcel of land is located.

Non-hazardous shall mean those structures, uses, materials or premises that do not constitute a fire, explosion or safety hazard and/or not emit any atmospheric or environmental pollutant, light flashes, noxious gases, electromagnetic interference, radioactive emissions, smoke or heat, glare, dust, dirt, odor, noise or vibrations which may be heard or felt off the premises.

Nursery, plant shall mean the use of land and buildings for the purpose of growing for sale, or selling, various ornamental plants, grasses, shrubs, flowers, and horticultural specialties, and including the sale of landscaping accessories such as statuary, fertilizer, tools, and similar commodities as accessory to the propagation and growing of plants.

Nursing home shall mean any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, that undertakes through its ownership or management to provide, for a period exceeding twenty-four (24) hours, nursing care, personal care, or custodial care for three (3) or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three (3) persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services. (§ 400.021, F.S.)

Open space shall mean undeveloped lands suitable for passive recreation or conservation uses (§ 9J-5.003 FAC).

Ordinary high-water line shall mean a line determined by examining the bed and banks, and ascertaining where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark upon the soil of the bed a character distinct from that of the banks, in respect to vegetation, as well as respects the nature of the soil itself.

Outdoor refers to that which is not within a building.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

Package store shall mean a place where malt, vinous, and alcoholic beverages are sold in factory-sealed containers for consumption off the premises.

Parcel of land shall mean 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 (§ 380.031 F.S.).

Park shall mean an area, reservation, playground, beach, recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation.

Park model recreational vehicle (park trailer) shall mean a transportable unit which has a body width not exceeding fourteen (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 four hundred (400) square feet when constructed to ANSI A-119.5 standards, and five hundred (500) square feet when constructed to U.S. 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 (§ 320.01, FS).

Patio home shall mean a single-family detached or semi-detached unit. A patio home is built on a small lot enclosed by walls that provide privacy. If the walls are ignored, its layout may be similar to either the zero lot-line house or duplex (twin house); thus, it may be built either as a detached or semi-detached dwelling. The patio home appeals to those who want privacy without the maintenance of a larger yard. See drawing labeled "patio house," "lot-line house," and "twin house" at the back of this chapter.

Permit fees shall mean the amount of monies due, as established by resolution of the City, for any permit application for site improvement or construction. The monies collected from the issuance of a permit for site improvement or construction shall be used solely for the enforcement of the established codes.

Person shall mean an individual, proprietorship, partnership, corporation, association, or other legal entity. The word "person" shall extend and be applied to clubs, societies, associations, firms, partnerships, co-partnerships, bodies politic and corporate, including the officers of such clubs, associations, etc., as well as to individuals.

Personal services shall mean those business activities customarily providing services rather than goods to individuals. Such uses include beauty salons (including tanning and nails), barbershops, daytime spas, caterers, mailing service, dry cleaning drop off point, notary public, gyms and fitness centers, weight loss centers, sports lesson centers; dance, art and music studios; learning centers, and other similar, compatible or ancillary uses.

Pet services shall mean pet grooming, pet supplies, pet stores, veterinarians, pet boarding, tropical fish sales and supplies. Pet services are divided into two (2) categories: those that have outdoor facilities for large animals and/or for boarding; and those that do not.

Pharmacy as defined in Chapter 465.003 of the Florida Statutes.

Planned unit development (PUD)/Planned development project (PDP). A form of development characterized by a unified site design for a number of housing units, clustering buildings, and providing common open space, density increases, and a mix of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis. Also, a process in which public officials have considerable involvement in determining the nature of development through site plan review. It includes aspects of both subdivision and zoning regulation and usually is administered either through a special permit or a rezoning process.

Planned development project shall mean a complex of structures and uses planned as an integral unit of development rather than as a single principal structure or use on a single lot. A planned development project may include a subdivision, but a subdivision need not be construed to be a planned development project.

Planning commission. The planning commission for the City of Winter Haven, Florida.

Planning director shall mean the director in charge of the planning department, or his/her designated staff, of the City of Winter Haven.

Plan review fees shall mean the amount of monies due, as established by resolution of the City, for the review of documentation submitted with any permit application, to assure proper compliance with all Federal, State, county, or local established codes, ordinances, rules, and laws regulating site improvements or construction. The monies collected for the review of all permit application documentation shall be used solely for the purpose of assuring compliance of the required codes, laws, and regulation of all site improvements and construction.

Plat shall mean a map, plan or chart of a tract of land or property which is drawn to scale and shows the existing or proposed location of boundary lines, buildings, structures, uses or any other required data or information.

Potable water shall mean water suitable for human consumption and that meets water quality standards determined by the Department of Health, provided through a public system or by private well.

Potable water facilities shall mean a system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains (§ 9J-5.003 FAC).

Potable water wellfield shall mean the site of one (1) or more water wells which supply potable water for human consumption to a water system which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents (§ 9J-5.003 FAC).

Premises shall mean a lot or other tract of land under one (1) ownership and all the structures on it.

Principal arterial shall mean a route that is relatively continuous, of high traffic volume, of long average trip length, of high operating speed, of limited access to adjacent property and of high mobility importance. Such roads are designated on the future traffic circulation map of the City of Winter Haven Comprehensive Plan.

Principal use shall mean the main use establishing the reason and basis for a building or structure and comprising the general activity for which such building and/or property is used.

Private school shall mean any school owned and operated by a nonpublic agency provided such school receives less than fifty (50) percent of its financial support from public sources.

Professional offices shall mean the offices of individuals, associations or groups that provide professional services to individuals, clients, businesses and corporations. Such offices include those in the practice of law and legal matters; accounting, auditing and bookkeeping services; engineering and surveying, architectural and interior decorator, landscape architecture, draftsmen and planning consulting; management consulting services; and other professional office operations. Nonprofit and government offices that distribute food, clothing, or welfare are not professional offices.

Property line shall mean the recorded boundary of a lot or other tract of land under one (1) ownership.

Public buildings and grounds shall mean structures or lands that are owned, leased, or operated by a government entity, such as civic and community centers, hospitals, libraries, police stations, fire stations, and government administration buildings (§ 9J-5.003 FAC).

Public facilities shall mean 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 (§ 9J-5.003 FAC).

Public hurricane shelter shall mean a structure designated by local emergency management officials and the American Red Cross as a shelter during a hurricane (§ 308.032 F.S.).

Public recreation area shall mean public land which has been designated for recreational activities including nature trails, boating, picnicking, beaches, playgrounds, ball fields, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, etc.

Purchase of development rights shall mean the acquisition of a governmentally recognized right to develop land which is severed from the realty and held or further conveyed by the purchaser (§ 9J-5.003 FAC).

Recharge areas shall mean geographic areas where the aquifer system is replenished through rainfall. Areas of high aquifer recharge are important for the continuation of potable ground water supplies.

Reclamation shall mean the alteration and/or restoration of land, after a mining activity, establishing land suitable for agriculture, development, recreation, lakes, wetlands, or other natural environments.

Reclamation plan plan for the rehabilitation, per Chapter 378, F.S., of land from which a mineral resource has been extracted

Recreation shall mean the pursuit of leisure time activities occurring in an indoor or outdoor setting (§ 9J-5.003 FAC).

Recreation facility shall mean a component of a recreation-site used such as a trail, tennis court, basketball court, athletic field, golf course or swimming pool (§ 9J-5.003 FAC).

Recreation uses, indoor, public shall include indoor areas for recreation activities including, but not limited to, aquariums, day or youth camps, community or recreation centers, gymnasiums, libraries or museums, indoor skating rinks, indoor swimming pools, indoor tennis, racquetball, handball courts, and all other institutional, indoor recreation.

Recreation uses, indoor commercial consist of uses that share land use characteristics such as traffic-generation rates and bulk (buildings) requirements. These uses include, but are not limited to, bowling alleys, dance studios, schools for martial arts, physical fitness centers, private clubs or lodges, movie theater, theaters and auditoriums, and indoor skating rinks.

Recreation uses, outdoor, public. Outdoor recreational uses include areas for recreation activities including, but not limited to, arboretums, basketball courts, boat launching ramps, areas for cycling, hiking, and jogging, golf courses (regulation or par 3), outdoor nature areas, parks (public or private), picnic areas, playfields, playgrounds, commercial stables, outdoor swimming pools and springs, tennis courts, totlots, wildlife sanctuaries, and all other outdoor recreation uses. Specifically excluded are outdoor movie theaters, firing ranges, miniature golf courses, golf driving ranges, and marinas.

Recreation uses, outdoor commercial. This group includes recreation uses that are greater nuisances than conventional outdoor recreation activities because of their size and scale, traffic volumes, noise, lights, or physical hazards such as flying objects or use of weapons. These uses include, but are not limited to, amusement parks, drive-in theaters, fairgrounds, golf driving ranges (including miniature golf), marinas, outdoor theaters (or amphitheaters), race tracks (e.g., auto, dog, go-cart, harness, horse, motorcycle), ranges (skeet, rifle, or archery), sport arenas, and all other outdoor commercial recreation uses.

Recreation vehicle (RV) shall mean a unit primarily designed as temporary living quarters for recreation, camping, or travel use, that either has its own motive power or is mounted on or drawn by another vehicle. The basic entities of recreation vehicles are: travel trailer, fifth-wheel travel trailer, camping trailer, truck camper, motor home, private motor coach, van conversion, and park model RV/park trailer (§ 320.01, FS).

Recreation vehicle (RV) campgrounds shall mean a development designed specifically to accommodate recreation vehicles for overnight or limited vacation-season stays.

Recreation vehicle (RV) parks shall mean a development designed specifically to accommodate recreation vehicles in which recreation vehicles and/or "park model" mobile homes are permanently sited and occupied year round.

Recreation vehicle unit. Those units primarily designed as temporary living quarters for recreation, camping or travel use, that either have their own mode of power or are mounted on or drawn by another vehicle

1.

Travel trailer. 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 recreation, camping, or travel use. It is of a body width, not more than eight (8) feet and a body length of no more than thirty-five (35) feet when factory equipped.

2.

Camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreation, camping or travel use.

3.

Truck camper. A portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters, for recreation, camping, or travel use.

4.

Motor home. A vehicular unit built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreation, camping or travel use.

5.

Park model RV/mobile home. See park model RV (park trailer).

Reestablished growth shall mean any vegetative growth where the average height is over fourteen (14) inches above the ground or water surface.

Refuse shall mean any combustible waste including, but not necessarily limited to, paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, furniture, bedding, ashes and noncombustible waste, including but not limited to metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other mineral waste and street waste, including but not limited to, street sweepings, dirt, leaves, catch-basin dirt and contents of litter receptacles.

Religious establishments shall mean a building occupied by a religious organization operated for worship and related activities.

Rent. To rent includes to lease, to sublease, to let and otherwise grant for consideration the right to occupy premises not owned by the occupant.

Residential areas shall mean neighborhoods that are more than fifty (50) dwelling units, not including parcels within the neighborhood zoned for recreation, open space and conservation.

Residential uses shall mean activities within land areas used predominantly for housing (§ 9J-5.003 FAC).

Resource recovery shall mean the process of recovering materials or energy from solid waste, excluding those materials or solid waste under control of the Nuclear Regulatory Commission (§ 171.031 F.S.).

Restaurant shall mean an establishment licensed by the State of Florida as a public food service establishment where the principal use is the preparation, serving and selling of food for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption. If available, the sale of alcoholic beverages shall be incidental such that fifty-one (51) percent or more of the gross sales of the establishment are derived from the sale of food and non-alcoholic beverages, the establishment must possess an SRX license as defined in F.S. § 561.20(2), shall provide food service during all hours of operation, shall not have a stage or permit dancing, and shall not charge a cover at any time. Restaurants, as defined herein, are hereby classified into three (3) categories.

(1)

Restaurant, conventional. Consists of tables, booths and/or counter stools, shall include full kitchen facilities for the preparation of food, and shall include cafeterias and delicatessens; and, including outdoor seating and related activities such as outdoor music performance at the restaurant.

(2)

Restaurant, short order. Specializes in short-order foods and beverages and shall include full kitchen facilities for the preparation of food to be taken out and consumed off the premises; may be total counter stool operation, or with any combination of counter stool and/or tables and booths; and service may be provided to persons in vehicles, or at walk-up windows in combination with indoor seating for at least twenty (20) persons.

(3)

Restaurant, drive-ins, drive thru, or walk-ups. Any restaurant serving food and/or nonalcoholic beverages to persons in vehicles for consumption in the vehicle or on the premises and/or at walk-up windows. Services by carhops to persons in vehicles on the premises shall cause a restaurant to be classified and regulated as this type restaurant. Also, any short-order restaurant which provides less than twenty (20) indoor seats shall cause such restaurant to be classified and regulated as this third type restaurant.

Retail sales shall mean large and substantial business activities customarily offering goods for sale at retail. Such uses include furniture stores, appliance stores, furniture and appliance rental stores, hardware and building supply stores, farm and feed stores, grocery stores, department stores, factory outlet stores, bookstores, variety stores, toy stores, movie theaters, music and electronics stores, computer and video sales and rental, copy centers, craft and sewing stores, pawnbrokers and resale stores, auction houses, auto parts and tire stores, office supplies and stationary stores, camera and photo supply shops, candy shops, floor coverings and paint supply stores, plant and garden supplies, car wash, laundromat, dry cleaners, sporting goods, jewelers, art and framing shops, electrical and lighting fixtures; and other similar, compatible or ancillary uses.

Retail shops shall mean small business activities customarily offering goods for sale at retail. Such businesses may be freestanding or located within shopping centers, historic downtowns or neighborhood shopping districts. Such uses include florists, tea rooms, antique shops, tobacco and newspaper shops, small bookstores, framing shops, gift and sundry shops, boutiques, variety stores, stationary stores, small grocery stores and convenience stores, delicatessens, bakeries, ice cream shops, coffee stands, and small restaurants of all types; and other similar, compatible or ancillary uses.

Right-of-way shall mean 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 shall mean a road, that 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 (§ 334.03(18) F.S.).

Roadway functional classification shall mean 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, that may be subcategorized into principal, major or minor levels. Those levels may be further grouped into urban and rural categories (§ 9J-5.003 FAC).

Rooming and boarding house shall mean a residential building used, or intended to be used, as a place where sleeping or housekeeping accommodations are furnished or provided for pay to transient or permanent guests and/or tenants, in which less than ten (10) rooms, which is hotel/motel, and more than three (3) rooms are used for accommodation of such guests or tenants, which may maintain a public dining room in the same building, serving only residents and regular boarders, who are boarders by the week or month.

Runoff shall means that portion of precipitation on the land which reaches the stormwater management system.

Sanitary landfill includes the following types of facilities

(a)

Class I sanitary landfill. A disposal facility which receives an average of twenty (20) tons or more per day, if scales are available, or fifty (50) cubic yards or more per day of solid waste, as measured in place after covering, and which receives an initial cover daily. Such sites shall receive an initial cover at the end of each working day in accordance with FAC Rule 17-701.050(6)(m) (§ 171.031 F.S. and Rule 17.050, FAC).

(b)

Class II sanitary landfill. A disposal facility which receives an average of less than fifty (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 (4) days. Such sites shall receive an initial cover at least once every four (4) days. If class II sites receive sewage or industrial sludge, dead animals, rendering wastes, or other nuisance wastes, class I covering frequency shall be required (§ 171.031 F.S. and Rule 17.050, FAC).

(c)

Class III sanitary landfill. A disposal facility which receives only trash or yard trash. Class III sites which are operated as trash facilities, based on-site specific information, may be exempt from the liner and leachate and gas controls required in FAC Rule 17-701.050(5)(a), (b), (c), (d), (e), (f), (i), (j), and 6(i), and are required to apply initial cover once every week. In determining whether a class III landfill qualifies for the exemptions from certain requirements of Rule 17-701.050, the FDEP shall consider the hydrogeology, types of waste, and methods used to control types of waste received for disposal. Class III sites which are operated as yard trash composting facilities are not required to apply initial cover and, additionally, are exempt from FAC Rules 17-701.050(3)(a) and (b), (4), (5), and (6)(a), (c)4., (d), (f), (h), (i), (j), (k), (l), (m), (n), and (o). If trash or yard trash is mixed with other types of solid waste, the disposal site shall be classified as a class I or II landfill (Rule 17.050, FAC).

Sanitary sewer facilities shall mean structures or systems designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants and disposal systems (§ 9J-5.003 FAC).

School shall mean a facility which is in compliance with the compulsory school attendance law, Chapter 232, Florida Statutes, and provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, middle schools and high schools.

Seasonal population shall mean 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 farmworkers, and other short term and long term visitors (§ 9J-5.003 FAC).

Septic tank shall mean 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 (§ 10D-6 FAC).

Services shall mean 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).

Service station. Any business engaged primarily in the servicing of automotive vehicles, including the sale and delivery of fuel, lubricants, and other products necessary to the operation of automotive vehicles, including the sale and installation of accessories, tires, batteries, shock absorbers, seat covers, tire repair, cleaning facilities, minor engine tune-up, wheel balancing and aligning, and brake service, but not including major mechanical or body repair facilities; includes car wash facilities and services.

Setback shall mean the minimum horizontal distance between the front, rear, or side property lines and front, rear, or side lines of a building, as measured from any vertical wall or support of the building. Projections of up to thirty (30) inches may be permitted beyond the wall or support of the building. Equipment such as air conditioning units, pumps, steps, and similar devices are exempt from meeting the setback requirement. When two (2) or more lots under one (1) ownership are used for a single permitted principle use, the exterior property lines of the lots so grouped shall be used for determining setback.

Sexually oriented business shall mean an adult bookstore, special cabaret, adult theater, adult photographic studio, or physical culture establishment.

Shopping center shall mean a group of commercial establishments planned, constructed and managed as a total entity related in its location, size and type of shops to the trade area that the center serves. Customer and employee parking is provided on-site, with provision for goods delivery separated from customer access.

Shoreline shall mean all land or water which is on the lake side of the ordinary high-water line.

Shoreline vegetation shall mean vegetation which grows within the shoreline area; included are terrestrial and aquatic plants associated with wetlands and both emergent (plants growing above the water surface) and nonemergent (vegetation below the water surface).

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

Sign shall mean a structure designed and erected for the purpose of showing directions, giving information, advertising or otherwise urging some specified act.

Single-family attached dwelling unit, as applicable to cluster and zero lot line development shall mean it is a residential dwelling unit designed to house one (1) family as a single housekeeping unit and constructed to meet Standard Building Code requirements for single family attached structures, sharing a common side wall with at least one (1) other unit and having a designated yard and entrance area that are not shared with the other units (adopted by Ord. No. 0-99-40, City of Winter Haven).

Single-family detached dwelling unit, as applicable to cluster and zero lot line development shall mean it is a freestanding residential structure, completely separate from all other structures, designed to house one (1) family as a single housekeeping unit (adopted by Ord. 0-99-40, City of Winter Haven).

Site shall mean the location of a significant event, activity, building, structure, or archaeological resource.

Site plan shall mean a plan, drawn to scale by a licensed professional engineer or other qualified professional, showing uses, structures and all other physical features proposed for a development site, including bufferyards, parking, landscaping and drainage facilities, in accordance with the requirements of section 21-439. Site plans shall include all information necessary to determine whether the proposed development meets the requirements of this Code, such as proposed use(s) of the site, impervious surface and floor area, number of employees, and calculations of parking requirements.

Site plan review shall mean the process whereby local officials review the site plans and maps of a developer to assure that they meet the stated purposes and standards of land development regulations, provide for the necessary public facilities, and protect and preserve topographical features and adjacent properties through appropriate siting of structures and landscaping.

Small scale comprehensive plan amendment. Small scale amendments may be submitted at any time during the year but must not exceed a total of eighty (80) acres in one (1) calendar year. The local government can approve the amendment without exceeding its yearly maximum of eighty (80) acres of small scale amendments. Small scale amendments are defined as having the following characteristics:

(a)

Encompasses the use of ten (10) or fewer acres of any land use category;

(b)

Residential densities are limited to ten (10) or fewer units per acre;

(c)

The proposed amendment does not involve the same property more than once per year;

(d)

The proposed amendment does not involve the same owner's property within two hundred (200) feet of property granted a land use change within the past twelve (12) months;

(e)

The proposed amendment does not include any text change to the plan's goals, objectives, and policies; and

(f)

The land or site is not located within an area of critical State concern (§ 163.3187 F.S.).

Small scale drinking establishment shall mean an alcoholic beverage establishment that offers on-site consumption of alcoholic beverages purchased on-site, with a maximum occupancy, as determined by the City of Winter Haven Fire Marshal, of twenty-nine (29) or fewer persons.

Social service agency shall mean a nonprofit or governmental agency which, as its primary purpose, distributes clothing, food, or monetary assistance to those persons in need.

Solid waste shall mean 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 (§ 9J-5.003 FAC).

Solid waste facilities shall mean 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 (§ 9J-5.003 FAC).

Solid waste processing plant shall mean a facility for incineration, resource recovery, or recycling of solid waste prior to its final disposal (§ 9J-5.003 FAC).

Solid waste transfer station shall mean a facility for temporary collection of solid waste prior to transport to a processing plant or to final disposal (§ 9J-5.003 FAC).

Special cabarets shall mean any place of business which features persons who display or expose specified anatomical areas to others, or any such establishment the advertising for, or a sign or signs identifying which use the words, "adult," "topless," "nude," "bottomless," or other words of similar import.

Special Housing Needs, as set out in the State of Florida Comprehensive Housing Affordability Strategy for the City of Winter Haven (1991) means persons who have special housing needs, means persons who have incomes not exceeding moderate-income and who because of particular social, economic, or health related circumstances have greater difficulty acquiring or maintaining affordable housing. Such persons may, for example, encounter resistance to their residing in particular communities, increased housing cost resulting from unique needs, and high risk of institutionalization. As set out in the State of Florida Comprehensive Housing Affordability Strategy (1991) these individuals include: persons with developmental disabilities; persons with mental illness/chemical dependency; persons with AIDS and HIV disease; runaway and abandoned youth; single-parent families; public assistance recipients; migrant and seasonal farmworkers; refugees and entrants; and the elderly and disabled adults.

Special needs housing shall mean facilities that provide twenty-four-hour care, services and housing in an institutional or residential setting for adults and/or children with conditions, disabilities or circumstances that qualify them for short or long-term housing and care. Such facilities include, but are not limited to adult family-care home, assisted living facility, family foster home, foster care facility, group home facility, hospice residential unit, nursing home facility, and other similar facilities and homes; all of which are defined elsewhere in this article.

Sports bar shall mean any establishment which sells, serves, dispenses or provides alcoholic beverages for the consumption on premises, even if incidental to the sale of food and nonalcoholic beverages, where indoor recreational uses are provided on the same premises including, but not limited, to the following: pool tables, dart games, air hockey, dancing, viewing of multiple television sets, and/or more than two (2) video games/pinball/arcade machines per one hundred (100) seats.

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

State. The word "State" shall be construed to mean the State of Florida.

State Land Planning Agency shall be construed to mean the Florida Department of Community Affairs.

Stormwater shall mean the flow of water that results from a rainfall event (§ 9J-5.003 FAC).

Stormwater basin (formerly drainage basin) shall mean the area defined by topographic boundaries which contributes stormwater to a watershed, drainage system, estuarine waters, or oceanic water, including all areas artificially added to the basin (§ 9J-5.003 FAC).

Stormwater detention structure (formerly drainage detention structure) shall mean a structure which collects and temporarily stores stormwater for the purpose of treatment through physical, chemical or biological processes with subsequent gradual release of the stormwater (§ 9J-5.003 FAC).

Stormwater management facilities shall mean manmade structures that are part of a stormwater management system designed to collect, convey, hold, divert, or discharge stormwater, and may include stormwater sewers, canals, detention facilities and retention facilities (§ 9J-5-003 FAC).

Stormwater management retention structure (formerly drainage retention structure). A structure designed to collect and prevent the release of a given volume of stormwater by complete on-site storage (§ 9J-5.003 FAC).

Street shall mean any public or private right-of-way set aside for public travel. The word "street" shall also include the words "road," "avenue," "lane," "boulevard," "thoroughfare," and "highway" for such purposes.

Street centerline shall mean the line midway between the street right-of-way lines, or the surveyed and platted centerline of a road which may or may not be the line midway between the existing right-of-way lines.

Street right-of-way line shall mean the lines which abound a right-of-way set aside for use as a street.

Structure shall mean anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land that can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. Structure also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs (§ 380.031 F.S.).

Student shall mean a person, not living with his or her parent or guardian who eligible to be claimed by the person's parent or guardian under the Federal Income Tax Code and who is enrolled at least half-time in a secondary school, vocational-technical school, community college, college, or university. The terms does not include a person participating in a job training program approved by the county or eligible municipality.

Subdivision shall mean the platting of real property into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land; and includes establishment of new streets and alleys, additions and re-subdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided; and which further includes the term "subdivide," meaning to divide land by conveyance or improvement into lots, blocks, parcels, tracts or other portions.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the value per square foot of the structure either before the improvement or repair is started; or, if the structure has been damaged and is being restored, before the damage occurred. Value per square foot shall be determined according to the same scale which is used for building permit purposes. 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 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 any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places.

Sufficiency review. Department of Community Affairs (DCA) review of an adopted evaluation and appraisal report to determine whether it has been submitted in a timely fashion and whether it contains components in accordance with the prescribed criteria in section 163.3191, F.S. and Rule 9J-5 (§ 9J-5.003 FAC).

SWFWMD. The Southwest Florida Water Management District.

Technical review committee (TRC) shall mean a staff committee of the City of Winter Haven made up of one (1) representative from the engineering division, one (1) fire official, one (1) building official and one (1) planner, who meet once per week, or as needed, to review commercial site plans, as part of the permitting process.

Temporary food service event shall mean an event (carnival, fair, or other celebration) of thirty (30) days or less in duration where food is prepared, served, or sold to the general public and is advertised and recognized in the community. Such events shall be licensed pursuant to F.S. Ch. 509. A temporary food service establishment or vendor is a participant at a temporary food service event.

Tenant or occupant. The word "tenant or "occupant" applied to a building or land, shall include any person holding a written or oral lease of or who occupies, the whole or a part of, such building or land, either alone or with others.

Town house. A design term, referring to the physical form of more than two (2) single-family attached homes with a ground floor entry. A single-family dwelling unit forming one (1) of a group of two (2) attached single-family dwellings, each built upon an individual plot, separated by fire or party walls, which do not permit passage or visibility between such units, with separate utilities and services provided for each unit. See the drawing labeled "town house" at the back of this chapter.

Transfer of development rights shall mean a governmentally recognized right to use or develop land at a certain density, or intensity, or for a particular purpose, which is severed from the realty and placed on some other property (§ 9J-5.003 FAC).

Transportation disadvantaged shall mean those individuals who because of physical or mental disability, income status, or age are unable to transport themselves or to purchase transportation and are, therefore, dependent upon others to obtain access to health care, employment, education, shopping, social activities, or other life-sustaining activities (§ 9J-5-003 FAC).

Twenty-five-year frequency, twenty-four-hour duration storm event shall mean a storm event and associated rainfall during a continuous twenty-four-hour period that may be expected to occur once every twenty-five (25) years.Its associated floodplain is that land which may be expected to be flooded during the storm event.

Twin house, duplex, two-family dwelling shall mean a single, residential building containing two (2) dwelling units. See drawing labeled "twin house" at back of this chapter.

Upland shall mean any area, that lies outside, or elevated above, those lands that have been designated as wetlands by Federal or State jurisdictions.

Urban areas: shall mean an area of or for development characterized by social, economic and institutional activities which are predominantly based on the manufacture, production, distribution, or provision of goods and services in a setting which typically includes residential and nonresidential development uses other than those which are characteristic of rural areas (§ 9J-5,003 F.A,C.).

Urban sprawl shall mean urban development or uses which are located in predominantly rural areas, rural areas interspersed with generally low-intensity or low-density urban uses, and which are characterized by one (1) or more of the following conditions:

(a)

The premature or poorly planned conversion of rural land to other uses;

(b)

The creation of areas of urban development or uses which are not functionally related to land uses which predominate the adjacent area; or

(c)

The, creation of areas of urban development or uses which fail to maximize the use of existing public facilities or the use of areas within which public services are currently provided.

Urban sprawl is typically manifested in one (1) or more of the following land use or development patterns: leapfrog or scattered development, ribbon or strip commercial or other development; or large expanses of predominantly low-intensity, low-density, or single-use development (§ 9J-5.003 F.A-C.).

Use. Use refers to the activities which take place on any land or premises and also refers to the structures located thereon and designed for those activities.

Utility/light pole shall mean a utility transmission pole or structure, or a pole integrated into such structure, a lighting pole or structure, or any other such pole-like structure which, in addition to its utility or lighting function, can support one (1) or more antennas.

Variance means the reduction or relaxation of the terms or restrictions or requirements in regard to lot area or width, or building height, size or setback granted by the board of adjustment; provided such action is not contrary to the public interest and where, due to conditions peculiar to given property, the strict enforcement of the terms would result in obvious and undue hardships. A variance is authorized only for height, area, size of structure or size of yards and open spaces, or other dimensional requirements. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall the variance be granted because of the presence of nonconformities in the zoning district or classification or in the adjoining zoning districts or classifications.

Vegetative communities shall mean ecological communities, such as coastal strands, oak hammocks, and cypress swamps, that are classified based on the presence of certain soils, vegetation and animals (§ 9J-5.003 FAC).

Very low income persons shall mean one (1) or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed fifty (50) percent of the median annual adjusted gross income for households within the State or fifty (50) percent of the median annual adjusted gross income for households within the metropolitan statistical areas (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. For the City of Bartow, the median income of Polk County is used (§ 420.004, F.S.).

Warehouse shall mean a building used solely for the purpose of storage or distribution of goods, wares, merchandise or other articles.

Watercourse shall mean a channel, having defined banks which is cut by erosion of running water through turf, soil, rock or other material and over the bottom of which water flows for substantial periods of the year. The term "watercourse" shall include both the upstream and downstream portions of the watercourse which is lost in a swamp or a lake, if it emerges from such swamp or lake in a well-defined channel; and it shall include any watercourse which has been improved by confining it in an artificial channel.

Water recharge areas shall mean land or water areas through which groundwater is replenished (§ 9J-5.003 FAC).

Water wells shall mean wells excavated, drilled, dug, or driven for the supply of industrial, agricultural or potable,water for general public consumption (§ 9J-5.003 FAC).

Wellhead protection area shall mean an area designated by local government to provide land use protection for the groundwater source for a potable water wellfield, as defined in this Code, including the surface and subsurface area surrounding the wellfield. Differing levels of protection may be established within the wellhead protection area commensurate with the capacity of the well and an evaluation of the risk to human health and the environment. Wellhead protection areas shall be delineated using professionally accepted methodologies based on the best available data and taking into account any zones or contribution described in existing data (§ 9J-5.003 FAC).

Wetland shall mean any area that has been designated by Federal or State jurisdiction, as being inundated or saturated, by surface water or groundwater, at a frequency and a duration sufficient to support those types of vegetation typically adapted for life in saturated soil conditions.

Yard shall mean the open space between the front, rear and side lot lines and building line. The required yard is only that portion of the yard delimited by the setback.

(1)

Front yard. The yard extending across the entire width of the lot between the front lot line and the front building line. The lot line of a lot abutting a public street shall be deemed to be the front lot line. The front yard of a corner lot is that yard abutting the street with the least frontage, unless the lot exists between two (2) streets not intersecting at a corner lot, in which case the front yard shall be that yard abutting the street on which the majority of adjoining properties face unless otherwise determined on a recorded plat or in a recorded deed.

(2)

Rear yard. 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. The yard extending from the front building line to the rear building line between the side lot line and the side building line.

Zero lot line development (lot-line house) shall mean a development concept in which residential buildings may be sited on at least one (1) lot line with no yard while retaining the other required yards. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. (Adopted by Ord. No. O-99-40, City of Winter Haven.) See the drawing labeled "Lot-Line House" in the back of this chapter.

Zoning district shall mean an area identified on the zoning map of the City, assigned a zoning classification as indicated on such map, consisting of one (1) of several zoning classifications.

Zoning map shall mean the official zoning map of the City.

Zoning ordinance shall mean the Unified Land Development Code of the City, including the zoning map and all amendments thereto.

(Ord. No. O-00-09, Art. 9, 4-24-00; Ord. No. O-01-31, § 2, 5-14-01; Ord. No. O-02-46, § 2, 10-14-02; Ord. No. O-12-19, § 4(exh. A, pt. II), 5-29-12; Ord. No. O-15-19 , § 2(Exh. B), 5-11-15; Ord. No. O-17-06 , § 6, 5-22-17; Ord. No. O-18-01 , § 4, 1-22-18; Ord. No. O-18-61 , § 4(Exh. C), 10-22-18)