HomeMy WebLinkAboutArticle XXIIChapter V: Glossary Article XXII: Language and Definitions
ARTICLE XXII: LANGUAGE AND DEFINITIONS
SECTION 54-5-22.1: GENERAL INTERPRETATION
For the purpose of the land development regulations, certain terms used herein are herewith defined. When not
inconsistent with the context, words used in the present tense include the future; words in the singular number
include the plural; and words in the plural number include the singular number. The word "shall" is always
mandatory and not merely directory. The word "structure" shall include the word "building". The word "used"
shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used. The
word "lot" includes the word "plot", "tract", and "building site".
SECTION 54-5-22.2: DEFINITION OF TERMS
Terms not otherwise defined herein shall be interpreted first by reference to the Comprehensive Plan and this
Code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if
technical; and otherwise according to common usage, unless the context clearly indicates otherwise.
For the purpose of enforcing and administering this Code, the following words shall have the definition and
meanings herein ascribed:
ABANDON. To discontinue a land use for a period of 6 months without demonstrating an intent to continue
the use as indicated by the following:
1. allowing licenses to lapse;
2. removing meters;
3. not maintaining structure in a habitable condition;
4. not making unit available for occupation (i.e. advertising or marketing through a realtor or other
agent); and/or
5. failure to perform pursuant to the terms of an active building permit.
ABUTTING. Having a common border with, or being separated from such a common border by a right-of-
way, alley, or easement.
ACCESSORY STRUCTURE. A structure which is customarily associated with, subordinate in size and
incidental in use to the principal structure and located on the same site. Examples are tool sheds and garages.
ACCESSORY USE. A use that is clearly incidental to the principal use, that is subordinate in area, extent or
purpose to the principal use and that contributes to the comfort, convenience or necessity of the principal use,
and that is located on the same lot with such principal building or use.
ACCESSWAY. A paved or unpaved area intended to provide ingress and egress from a public right-of-way to
a public or private premises, including an off-street parking area.
ADDITION, BUILDING. Any walled and roofed expansion to the perimeter of a building in which the
addition is connected by a common load -bearing wall other than a firewall.
ADDRESS OF CONVENIENCE. A home occupation shall be considered as an "address of convenience" if
the activities thereof consist solely of receiving phone calls, making phone calls, receiving mail, storing
accessory supplies or equipment or keeping business records of the home occupation.
ADJOINING LOT OR LAND. A lot or parcel of land that shares all or part of a common lot line.
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ADVERSE IMPACTS. Any modifications, alterations or effects upon a feature or characteristic of water or
flood prone land, which are, or potentially may be, harmful or injurious to human health, welfare, safety or
property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
The term includes secondary and cumulative as well as direct impacts.
ADVERTISING DISPLAY. Any device including but not limited to balloons, flags, pennants, or propellers,
contrivance, statue, structure or sign used as a display, regardless of size or shape and used for the purpose of
attracting attention or making known, the origin or place of sale on the property with such advertising display.
AIRPORT ELEVATION.. The highest point of the airport's usable landing area measured in feet above sea
level.
AIRPORT HAZARD. Any structure, street or use of land, which obstructs the air space required for landing
or take -off at the airport, or which is otherwise hazardous to the flight of aircraft.
ALLEY. Any public or private right-of-way set aside for secondary public travel and servicing which is less
than thirty (30) feet in width.
ALTERATION. Any work beyond maintenance of the original condition including additions to an existing
system, a change of any part of an existing system to capacities or locations different from those originally
constructed, or changes in the rate, volume or timing of discharges.
AMENITIES. Site/subdivision improvements which shall include, but not be limited to, the following: club
houses, swimming pools, tennis courts, golf courses, nature trails, playgrounds and other such recreation areas
or gathering places for use by the subdivision residents and/or members of the general public.
APARTMENT. A room or a suite of rooms within an apartment building arranged, intended or designed to be
used as a home or residence of one (1) family and with kitchen facilities for the exclusive use of the one (1)
family.
APARTMENT BUILDING. A building which is used or intended to be used as a home or residence for three
(3) or more families living in separate apartments.
APPEAL. A request for a review of a decision, finding, order, interpretation or other action concerning the
land development regulations.
AQUACULTURE. Any activity devoted to the hatching, raising, and breeding of fish or other aquatic plants
or animals for sale or personal use.
AQUIFER RECHARGE AREAS. An area that has soils and geological features that are conducive to
allowing significant amounts of surface water to percolated into groundwater.
ARCADE. A covered walkway located entirely on private property along the street facade of a building that is
open to the adjacent street between columns, which may be either weight -bearing or cosmetic.
ARCHITECTURAL FEATURE. A structural or cosmetic feature of a building or structure, including but not
limited to chimneys, bay windows, cornices, coping, parapets, porches, steps, staircases, screened utilities, and
tower structures.
,ow*, AREA OF SHALLOW FLOODING. A designated AO or VO zone on the City's flood insurance rate map
(FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the
path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
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AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year.
AS BUILT PLANS. Amended construction drawings specifying the actual locations dimensions, elevations,
capacities, and capabilities of structures and facilities as they have been constructed on or under the site; also
known as drawings of record.
AUTOMOTIVE VEHICLE. Any power -propelled vehicle or conveyance designed and used for the purpose
of transporting or moving persons, animals, freight, merchandise or any substance. The phrase shall include
passenger cars, trucks, buses, motorcycles, scooters and station wagons, but shall not include tractors,
construction equipment or machinery or any device used for performing a job except as stated above.
AWNING. Any structure made of flexible fabric or similar rigid material covering a metal frame attached to a
building, whether or not the same is so erected as to permit its being raised to a position flat against the building
when not in use.
BALCONY. A structural platform surrounded by a railing or other retaining device which projects from the
street facade of a building at an elevated floor without direct support from the ground.
BANKTOP. The point where the upward slope of the land from the water surface, or the bottom of a dry
excavation, intersects with the existing ground elevation or crest of berm, whichever is of higher elevation.
BARRIER..A solid and unbroken visual screen, including a masonry fence or solid wood fence which presents
a one hundred (100) percent opaque screen.
e.%, BASE FLOOD. The flood having a one percent chance of being equaled or exceeded in any given year.
BASEMENT. That portion of a building having its floor subgrade (below ground level) on all sides.
BERM. Mounding of soil which is planted with living plant material designed as a natural landscape buffer to
screen incompatible land uses or to absorb or otherwise reduce nuisance impacts, such as noise, smoke, glare or
other similar impacts.
BOAT OR VESSEL. Every description of power -propelled watercraft used or capable of being used as a
means of transportation on water, including all types of boats and all uses thereof. As used herein, the terms
boat or vessel are synonymous with watercraft.
BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through
its design and construction to collapse under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.
BUFFER STRIP. A parcel or tract of land, plant material, or other landscaping that is used to separate one use
from another to shield or block noise, light or other nuisances.
BUILDABLE AREA. The portion of a lot remaining after required yards and required open space and
landscaped areas have been provided.
BUILDER. Any person, firm, association, syndicate, partnership, corporation, realtor or corporation who
constructs residential or commercial building for sale or use by the public.
BUILDING. Any structure having a roof and supported by columns or walls and which is entirely separated
from any other structure by space or by walls in which there are no communicating doors or windows or any
similar opening.
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BUILDING COVERAGE. The percentage of lot area covered by buildings and including roofed porches,
decks and similar structures.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the finished grade within
ten (10) feet of the structure to the highest point of the roof; excluding penthouses containing mechanical
equipment such as air conditioning or elevator equipment, church spires, water towers, radio antennas, etc.
BUILDING PEWNUT. For purposes of the concurrency management ordinance, a permit which authorizes the
construction of a new building, or the expansion of floor area, or the increase in the number of dwelling units
contained in an existing building, or change in use shall qualify as a building permit.
BUILDING, PRINCIPAL. A building in which the principal use of the lot is conducted.
CAMPER:
1. A trailer or a semitrailer which is designed, constructed, and equipped as a dwelling place,
living abode, or sleeping place (either temporarily or permanently) and is equipped for use as a
conveyance on streets and highways; or
2. Any motor vehicle which is designed, constructed, or modified, and equipped as a dwelling
place, living abode, or sleeping place (either temporarily or permanently); or
3. A trailer or a semitrailer, the chassis and exterior shell of which is designed and constructed for
use as a camper, as defined in subparagraphs (1) or (2), but which is used instead, permanently
or temporarily, for the advertising, sales, display, or promotion of merchandise or services.
CANOPY. The upper portion of a tree consisting of limbs, branches, and leaves.
CAPACITY. Refers to the availability of a public service or facility to accommodate users, expressed in an
appropriate unit of measure, such as gallons per day or average daily trips.
CAPACITY, AVAILABLE. Capacity that can be reserved or committed to future users for a specific public
facility.
CAPACITY, COMMITTED. The amount of capacity which has been committed to accommodate existing
developments, developments which have been issued a final development order, committed development, and
vested developments.
CAPACITY, RESERVED. Capacity that has been removed from the available capacity pool and allocated to a
particular property for a set period of time.
CENTRAL ZONE.. Air space extending upward from the surface of the earth which may include one or more
airports and is normally a circular area of five (5) statute miles in radius, with extension where necessary to
include instrument approach and departure paths.
CERTIFICATE OF COMPLETION. A certificate issued for subdivision projects by the Engineering
Department and/or Building Department after final inspection of a subdivision, or development activity
acknowledges that improvements have been completed in conformity with the requirements of City land
development regulations and with the approved development plans and specifications.
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CERTIFICATE OF OCCUPANCY. A certificate issued by the Building Department after final inspection of
f..� a development activity acknowledges that improvements have been completed in conformity with the
requirements of City land development regulations, building code standards and with the approved land
development plans and specifications.
CLEARING. The process of removing trees, brush and other obstructions from a tract of land
CLEAR SPACE. An area clear of any obstructions or projections, which measures twenty (20) feet in length,
measured from the point of entrance, and at least ten (10) feet in width.
CLIMB GRADIENT. An aircraft instrument departure procedure requiring adherence to a minimum climb,
slope or grade expressed in feet per nautical mile.
COASTAL HIGH HAZARD AREA. The area subject to high velocity waters caused by, but not limited to,
hurricane wave wash. The area is designated on the federal insurance rating maps (FIRM) as zones V 1 through
V30.
COMMERCIAL MULCHING MACHINES. A machine which can be transported to a site and erected for
the purpose of chopping vegetative material into mulch. This definition does not include a chipping machine,
with drum or disc cutters, which is typically pulled behind a truck, or moved by hand and the vegetation is fed
by hand.
COMPREHENSIVE PLAN. The City of Sebastian Comprehensive Plan, as may hereinafter be amended and
which was prepared and adopted pursuant to the "County and Municipal Planning and Land Development
Regulation Act", Chapter 163; Part II, FS.
f� CONCURRENCY CERTIFICATE. A written certification of the availability of concurrency facility capacity
--- issued by the Planning and Growth Management Director.
CONCURRENCY FACILITIES. Public facilities and services for which a level of service must be met
concurrent with the impacts of development or an acceptable deadline, as mandated in the Comprehensive Plan
pursuant to Chapter 163, FS, and 9J-5.0055, Florida Administrative Codes, shall include:
Potable Water ° Recreation ° Sanitary Sewer ° Solid Waste ° Drainage ° Roads
CONCURRENCY i L-kNL AGEMENT MONITORING SYSTEM. The data collection, processing and
analysis performed by the City Planning and Growth Management Department to determine available capacity
for concurrency facilities. Data utilized shall be the most current reliable information available to the City.
CONCURRENCY MANAGEMENT SYSTEM. The procedure and process that the City uses to ensure that
no development order or building permit is issued by the City unless the necessary concurrency facilities are
available or are assured to be available consistent with the City of Sebastian Comprehensive Plan. The
procedure and process is also intended to ensure that sufficient capacity for concurrency facilities is available to
meet and maintain adopted levels of service.
CONCURRENCY REVIEW. Evaluation by the Planning and Growth Management Director based on
adopted level of service standards to ensure that public facilities and services needed to support development are
available concurrent with the impacts of such development as defined in this Article and if such facilities are not
available, that the developer of a proposed development bear a cost of providing public services and facilities at
�..•..� a level of service defined by the Comprehensive Plan and concurrent with the impacts of a proposed
development.
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Chapter V: Glossary
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CONCURRENCY STATUS REPORT. A status report prepared by the City identifying available
concurrency facility capacity. The status report shall be produced, modified and adjusted twice a year as a result
of the reservation of capacity or other act that alters the availability of concurrency facility capacity.
CONDITIONAL USE. A use permitted in a particular zoning district only upon successful demonstration that
the use as proposed on a specific site will comply with all the conditions and standards for the location, design,
and/or operation of such use as specified in the land development regulations and as authorized by the City.
CONDITIONAL USE PERMIT. Any administrative permit issued pursuant to Article VI, Conditional Use
Criteria.
CONSERVATION EASEMENT. An easement granting a right or interest in real property that is appropriate
to retaining land or water areas predominately in their natural, scenic, open, or wooded condition; retaining such
areas as suitable habitat for fish, plants, or wildlife; or maintaining existing lands uses.
CONSTRUCTION. The building of or substantial improvement to any structure or the clearing, filling, or
excavation of any land. It shall also mean any alterations in the size or use of any existing structure or the
appearance of any land. When appropriate to the context, "construction" refers to the act of construction or the
result of construction.
CONSTRUCTION PLANS. Those detailed engineered plans, specifications and calculations prepared in
accordance with City and other applicable regulations, codes and standards, submitted to the City for approval
of a site and development plan or final subdivision plan, which set forth the specific improvements to be made
in conjunction with development as they affect the existing site, its boundary conditions, topography, drainage,
access, and associated road and other rights -of -way and easements.
140� CONTIGUOUS. Next to, abutting, or touching and having a boundary, or portion thereof, which is joined.
CONTROL ELEVATION. That height above sea level established for a surface water management system
and its control structures by the St. Johns River Water Management District through the analysis of engineering
criteria for such systems and flood routing calculations, or as determined by the city engineer where St. Johns
River Water Management District permits are not required.
COURTYARD. An open, unobstructed, unoccupied space, other than a yard, on the same premises on which
the building is located, or an unoccupied open space on the same lot with the principal building and fully
enclosed on at least three (3) adjacent sides by walls of the principal building.
DEBRIS. Fragments or accumulations of pieces or cuttings of metal, rubber, plastics, cloth, paper, glass, or any
other natural, manufactured or vegetative matter.
DECISION HEIGHT. The height at which decision must be made, during an instrument approach, to either
continue the approach or to execute a missed approach.
DENSITY. Density is defined as the maximum number of units divided by the gross land area. It is typically
expressed in units per acre.
DENSITY, MAXIMUM GROSS RESIDENTIAL. The maximum gross residential density shall be
determined by dividing the "maximum allowable units" by the "gross acres of land" (i.e., dwelling units/gross
land acres).
DESIGN CAPACITY. The potential or suitability for holding, storing or accommodating the demands upon a
concurrency facility.
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Chapter V: Glossary Article XYII: Language and Definitions
DETENTION (DETAIN). The collection and temporary storage of stormwater in such a manner as to provide
for treatment through physical, chemical or biological processes with subsequent gradual release of the
�' stormwater to the receiving waters, in which the capacity for the specified treatment volume of stormwater is
again provided within ninety-six (96) hours following a storm event. "On-line detention" is temporary storage
along the axis of the drainage system; whereas "off-line detention" is temporary storage at a location away from
the system's direct path.
DEVELOPER. A "developer" is any individual, firm, association, syndicate, co -partnership, corporation, trust
or any other legal entity commencing proceedings under this ordinance to effect the subdivision and/or
development of land in the City of Sebastian.
DEVELOPER'S AGREEMENT. An agreement between the City, County or other jurisdictional agency and
another party associated with the development of land, including agreements associated with development
orders issued pursuant to article III.
DEVELOPMENT. The commencement of any building activity or excavation, including the creation of any
physical change in the use or appearance of any structure or land. The following activities or uses shall be
considered development:
1. A reconstruction, alteration of the size, or material change in the external appearance of a
structure on land.
2. A change in the intensity of use of land, such as an increase in the number of dwelling units in a
structure or on land or a material increase in the number of businesses, manufacturing
establishments, offices, or dwelling units in a structure or on land.
3. Alteration of a shore, stream, lake, pond, or canal, including any coastal construction.
4. Demolition of a structure.
5. Clearing of land as an adjunct of construction.
6. Placing. fill on a parcel of land.
DEVELOPMENT ORDER. Any action granting, denying, or granting with conditions, an application for a
development; such as preliminary subdivision plans, final subdivision plans, site and development plans,
construction plans and planned unit developments.
DEVELOPMENT ORDER, FINAL. Any building permit(s) authorizing construction of a new building, or
the expansion of floor area, or the increase in the number of dwelling units contained in an existing building, or
modifications to an existing building, or modifications to an existing building or site to accommodate a change
in use of which a new certificate of occupancy (CO) will be required, and any CO authorizing an change in the
use or authorizing the initial use of a parcel or structure or portion thereof where there is no other final
development order in effect, reviewed and approved in accordance with this ordinance authorizing said use.
DEVELOPMENT PERMIT. Any building permit, zoning permit, preliminary subdivision plan, subdivision
or other plat approval, site and development plan approval, comprehensive plan land use amendment, rezoning,
certification, special use, variance or any other official action of the City of Sebastian or other State or Local
government commission, board, agency, department or official having the effect of permitting development of
land located within the geographic area subject to the provisions of the City of Sebastian Land Development
Regulations.
DIAINIETER AT BREAST HEIGHT (DBH). The standard measurement of the diameter, in inches, of a
single -stemmed tree measured at four and one-half (4%) feet above grade. The DBH of a multistemmed tree
shall equal the sum total of the diameter of all stems measured at four and one-half (4%2) feet above grade.
DISCHARGE. The outflow of water from a project site, drainage basin or other facility.
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Chapter V: Glossary
Article XXII: Language and Definitions
DRAINAGE SYSTEM (ARTIFICIAL). Any canal, ditch, culvert, dike, storm sewer or other man-made
�..,\ facility which tends to control the surface flow of water.
DRAINAGE SYSTEM (NATURAL). Surface streams or marshes which convey water to natural points of
drainage.
DRIVE -THROUGH FACILITIES. An establishment, which by design, physical facilities, service or by
packaging procedures encourages or permits customers to receive services, obtain goods while remaining in
motor vehicle.
DRIVEWAY. Every entrance or exit used by vehicular traffic to or from properties adjoining roadways.
DRIVEWAY, DIVIDED. A driveway so designated that traffic entering it is separated from traffic leaving it
by a raised median or physical barrier.
DRIVEWAY, JOINT USE. A driveway shared by two (2) adjoining properties for connection to both
properties.
DWELLING. A structure intended to be occupied primarily for residential purposes.
DWELLING, ATTACHED. A one -family dwelling attached to one or more one family dwellings by a
common wall.
DWELLING, DETACHED. A dwelling which is not attached to any other dwelling by any structural means.
DWELLING, DUPLEX OR TWO-FAMILY. A detached residential building containing two (2) dwelling
units, designed for occupancy by not more than two (2) families.
DWELLING, MULTIPLE FAMILY. A residential building designed for or occupied by three (3) or more
families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE FAMILY. A building designed for or occupied exclusively by one family as a single
housekeeping unit.
DWELLING UNIT OR LIVING UNIT. One or more rooms in a residential building or residential portion of
a building which are arranged, designed, used or intended for use as a complete, independent living facility for
no more than one family, and which includes permanent provisions for living, sleeping, eating, cooking and
sanitation. The room(s) shall provide direct access to the outside or to a common hallway.
EASEMENT. A grant to another party by a property owner of the right to use land for a specific purpose, such
as, but not limited to, drainage or placement of utility lines.
ELEVATED BUILDING. A non -basement building built to have the lowest floor elevated above ground level
by means of fill, solid foundation perimeter walls, pilings, columns (post and piers), shear walls, or breakaway
walls.
ELEVATION. Height in feet expressed in relation to mean sea level and referenced to the National Geodetic
Vertical Datum (NGVD).
eo , ENCROACHMENT. Any protrusion of a structure, vehicle, or other object into a designated area subject to
the allowances and restrictions of City regulations.
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Chapter V: Glossary Article XXM Language and Definitions
ERODIBLE SLOPE. Erodible slope shall mean all slopes with inclines in excess of four (4) percent unless
e,,.N modified by the City Engineer based on consideration of specific soil conditions
EXCAVATION. Removal or recovery by any means whatsoever of soil, rock, materials, mineral substances,
native habitat or organic substances other than vegetation from water or land on or beneath the surface thereof,
or beneath the land surface, whether exposed or submerged..
EXTENDED CARE FACILITY. A long term care facility or a distinct part of a facility licensed or approved
as a nursing home, infirmary unit of a home for the aged or a governmental medical institution.
FACADE. That portion of any exterior elevation of a building extending from grade to the top of the parapet
wall or eaves and the entire width of the building elevation.
FAIM,Y. Any number of individuals, related by blood, marriage, or adoption, or up to and including four (4)
individuals not so related living together as a single housekeeping unit, and utilizing common kitchen facilities
within the dwelling.
FENCE (OR WALL). A structure intended to separate or enclose or define space, basically freestanding,
constructed of one (1) or more of materials such as wire, wood, stone, cement or brick, designed to be
decorative or ornamental or to serve utilitarian purposes as to control ingress or egress or persons or animals.
FILL. The placement of any sand, rock, gravel, soil, shellrock or mineral on the ground
FILTRATION. The selective removal of suspended matter from stormwater by passing the water through
suitable fine textured granular media such as porous soil, sand and gravel, or other natural or artificial aggregate,
/*01141N which may be used in conjunction with filter fabric or underdrain pipe or both.
FLAG. A piece of fabric of distinctive design, color or pattern that is used as a symbol of some country, state,
county, city, political party, organization or other entity and is not used for commercial purposes.
FLAG, DECORATIVE. A piece of fabric of distinctive design, color or pattern that represents a holiday,
season or theme.
FLAG LOT. A lot not fronting on or abutting a public/private road and where access to the public/private road
is by a narrow, private easement.
FLOOD OR FLOODING. A general and temporary condition of partial or complete inundation of normally
dry land areas from:
1. The overflow of inland or tidal waters; or
2. The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of the City, issued by the Federal
Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined
as zone A.
FLOOD HAZARD ZONE. All lands subject to inundation by the 100-year regulatory flood including lands in
the coastal high hazard area. Flood hazard zones may be identified by flood hazard studies or are delineated on
the flood insurance rate maps (FIRM) published by the Federal Emergency Management Agency (FEMA).
/0"IN Copies of the FIRM and supporting data are incorporated by reference into this code.
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Chapter V: Glossary Article XXII: Language and Definitions
FLOOD INSURANCE RATE MAP (FUUND. An official map of a community, on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium
zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency.
The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation
of the base flood.
FLOODPLAIN. An area inundated during a one hundred year flood event or identified by the National Flood
Insurance Program as an A zone or V zone on flood insurance rate maps or flood hazard boundary maps.
FLOODWAY. The normal channel of a watercourse and the adjacent land areas that must remain unobstructed
to convey the regulatory flood discharge without raising flood elevations above specified levels as determined in
subsection 54-10.2(H)(70(s)(i through vi).
FLOOR. Any floor (including basement) usable for living purposes which includes working, sleeping, eating,
cooking, or recreation, or a combination thereof.
FLOOR AREA. The area included within the outside dimensions of all enclosed floor area under roof,
excluding garages, pen and screened porches, carports, terraces, and patios.
FLOOR AREA RATIO. A measure determined by dividing the gross floor area of all buildings on a lot by the
areas of that lot.
FRONTAGE. The lineal distance measured along abutting public or private rights -of -way.
140� FRONTAGE STREET FACADE. A building facade that fronts on a street.
FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose
unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the
loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities.
GARAGE. A detached accessory building or portion of the main building used for the parking or storage of
automobiles for the occupants of the main building. A carport is to be considered a garage.
GARBAGE. Every refuse accumulation of animal, fruit, or vegetable matter that attends the preparation, use,
cooking and dealing in, or storage of edibles, and any other matter, or any nature whatsoever, which is subject to
decay, putrefaction, and the generation of noxious or offensive gases or odors, or which, during or after decay,
may serve as breeding or feeding material for flies or other germ -carrying insects, or any other container of the
material defined herein
GARISH. Bright, showy, gaudy or too highly ornamented to be in good taste.
GRADE, ESTABLISHED. The elevation at the street center line, or lines, as established by the city.
GROSS FLOOR AREA. The areas of all floors of a building, including finished basements and all covered
areas, including porches, sheds, carports, and garages. If the first finished floor level of an elevated building or
structure is elevated to a height greater than seven (7) feet above the base flood elevation, then the area below
such first floor shall be included in calculating gross floor areas of the building or structure.
GROUND COVER. Low growing living plant material or inanimate material.
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Chapter V. Glossary
Article XXH: Language and Definitions
GRUBBING. The removal of any type of rooted vegetation from land by digging, raking, dragging or
otherwise disturbing the vegetation or trees from land.
GUEST HOUSE. An accessory structure to a main residence for the housing of guests of the owner or lessee of
the main residence.
HAZARD. Any object, protrusion or structure that potentially may pose a substantial present or potential
hazard or danger to the general safety of the public.
HAZARDOUS TREE. A tree that constitutes a hazard to life or to property as the tree is in imminent danger
of falling or is considered a hazard (i.e., a dead, diseased, broken, split, cracked, leaning or uprooted trees).
HEAVY EQUIPitiIENT means vehicles, machinery, or other heavy items that are only incidentally operated
upon or moving over roads or highways, including but not limited to the following items: ditch -digging
apparatus, well -boring apparatus, road construction machinery, asphalt spreaders, bituminous and other mixers,
dump trucks, bucket loaders, tractors, ditchers, leveling rollers, earth moving equipment, carryalls, scrapers,
power shovels, draglines, cranes, forklifts, and all other somewhat similar items.
HEAVY TRUCK. A vehicle that exceeds twenty-three (23) feet long and/or nine (9) feet high.
HEDGE. Solid and unbroken visual screen of self-supporting living plant material.
HISTORIC BUILDING. A building or structure of architectural, historical, cultural or historic planning
significance that has been designated as such by a local, state or federal authority.
HISTORIC TREE. Individual tree(s) which have been found to be of notable historic interest to the city
because of their age, type, size or historic association with the community and have been so designated by
resolution of the city council.
HOME OCCUPATION. Any money -raising occupation or activity carried on to benefit the owner or tenant of
a residential property.
HOMEOWNER'S PACKET. Those documents and informational pamphlets regarding the protection of trees
and available at the city building department for homeowners, property owners, contractors and developers.
HOST SITE. The parcel of land upon which a temporary use or special event is conducted.
IMPERVIOUS SURFACE. A surface which is highly resistant to infiltration by water. It includes surfaces
such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks,
porous and nonporous parking lots and other similar structures.
INANIMATE MATERIALS. Rocks, gravel, pebbles, driftwood, garden ornaments, statuary, sculpture or
similar objects.
INFRASTRUCTURE. Public domain assets such as roads, bridges, curbs, streets, sidewalks, drainage
systems, lighting systems, and similar assets that are immovable and of value only to the government unit.
INSTRUMENT RUNWAY. A runway having an existing or planned instrument procedure utilizing air
navigation facilities or area -type navigation equipment.
/10� INTENSITY. Intensity shall be the floor area ratio as defined herein.
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Chapter V: Glossary Article XXII: Language and Definitions
JUNK Old and. dilapidated automobiles, trucks, tractors, watercraft, and other such vehicles and parts thereof;
wagons and other kind of vehicles and parts thereof, household appliances, scrap building material, scrap
contractors' equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery,
rags, paper excelsior, hair, mattresses, beds and bedding or any other kind of scrap or waste material which is
stored, kept, handled or displayed.
LAND CLEARING. The removal by any means of any type of vegetation or trees from land, but does not
include mowing, trimming or pruning so as to maintain vegetation in a healthy, viable condition.
LANDSCAPE STRIP. A strip of land containing trees, barriers, ground cover and/or other plant material.
LANDING AREA.. The area of the airport used for the landing, take -off, or taxiing of aircraft.
LEGAL POSITIVE OUTFALL. The availability of a permanent and legally established watercourse or
similar facility or means which has the hydraulic capability of conveying the stormwater discharge from a
development project to receiving waters downstream. "Legally established watercourse" refers to a watercourse
which is established by either an express easement, plat dedication or other documentation, or implied easement
or servitude as may be demonstrated to exist in accordance with Florida law.
LEVEL OF SERVICE (LOS). Indicators 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. LOS indicates the
capacity per unit of demand of each public facility. An indicator of the operational efficiency of service
provided by a concurrency facility.
LEVEL OF SERVICE STANDARD. The adopted volume of demand required for each concurrency facility
in order to achieve acceptable operational efficiency.
LITTORAL ZONE. The area bounded by a landward limit of one foot above the control water elevation and a
waterward limit of two and one-half (2%z) feet below the control water elevation..
LIVE -ABOARD VESSEL. Any vessel used as a residence.
LIVING AREA. The minimum floor area of a dwelling as measured by its inside dimensions exclusive of
carports, porches, sheds, and attached garages.
LOADING DOCK. A platform used for the loading and unloading of freight.
LOADING SPACE. Space logically and conveniently located for bulk pickups and delivery vehicles expected
to be used, and accessible to such vehicles when required off-street parking spaces are filled.
LOGO. An established identifying symbol or mark associated with a business or business entity.
LOT. A lot shall mean a parcel of land of at least sufficient size to meet minimum zoning requirements for use,
coverage and area, and to provide such yards and other open spaces as are required in this chapter.
LOT, CORNER. A lot fronting upon two (2) or more rights -of -way at their intersections.
LOT, DEPTH. The distance measured in the mean direction of the side lines of the lot from the midpoint of
the front lot line to the midpoint of the opposite main rear line of the lot.
140� LOT, DOUBLE FRONTAGE (ALSO THROUGH LOTS). A lot having a frontage on two non -intersecting
streets, as distinguished from a corner lot.
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Chapter V. Glossary Article XXH: Language and Definitions
LOT FRONTAGE. The portion of the lot nearest the street.
LOT, INTERIOR. A lot other than a corner lot with only one (1) frontage on a street.
LOT, LEGAL NONCONFOR H 1G. A lot, the area, dimensions or location of which was lawful prior to the
adoption, revision or amendment of the land development regulations, but which fails by reason of such
adoption, revision or amendment to conform to the present land development regulations.
LOT LINES. A line of record bounding a lot thereby dividing such lot from another lot or from a public or
private right-of-way.
LOT OF RECORD. A lot which is a part of a subdivision, the map of which has been duly approved by the
City and recorded in the Office of the Clerk of the Circuit Court of Indian River County or a lot described by
metes and bounds, the description of which has been thus recorded.
LOT, THROUGH. A lot other than a corner lot with frontage on more than one (1) street. Through lots
abutting two (2) streets may be referred to as a double frontage lot.
LOT WIDTH. A lineal dimension of a site or building measured on a line parallel to the line of the street
frontage. In measuring lot width, said parallel line will run through the midpoint of a perpendicular line
extending from the midpoint of the front lot line to the point at which it intersects the rear lot line.
LOWEST FLOOR. The top surface of the lowest area within the inside perimeter of the exterior walls of a
building. For slab -on -grade type buildings or buildings with basements, the top surface of the slab or basement
floor would constitute the lowest floor. For footing, foundation walls, or pile type buildings with crawl spaces
lamb, under the building without basements, the top surface of the finished flooring above the horizontal joist, beam or
other supporting member would constitute the lowest floor.
LOW SLOPED ROOF. A roof with a slope less than 5:12 (rise:run). Flat roofs are included in this term and
classification.
1IMAINTAIN. (maintenance) To keep in an acceptable state of performance and repair and, when referring to
the height of grasses in a stormwater management tract or facility, means to keep at a height of twelve (12)
inches or less above the ground.
MAINTENANCE GUARANTEE. A guarantee of facilities or work to ensure the correction of any failures of
any improvements required pursuant to these land development regulations.
MANGROVE. Rooted trees and seedlings of the following species, but only when having a coastal or
estuarine association:
Red Mangrove: Rhizophora mangle;
Black Mangrove: Avicennia germinans;
White Mangrove: Laguncularia racemosa;
Buttonwood Mangrove: Conocarpus erecta
'MANUFACTURED BUILDING. A closed structure, building assembly, or system of subassemblies, which
may include structural, electrical, plumbing, heating, ventilating or other service systems manufactured in
manufacturing facilities, for installation or erection, with or without other specified components, as a finished
building or as part of a finished residential building, which shall be required to bear the insignia from the
Department of Community Affairs, State of Florida (hereinafter DCA) or its successor agency, pursuant to
regulations promulgated by DCA.
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Chapter V: Glossary Article XXII: Language and Definitions
MARQUEE. A permanent roofed structure, canopy or covered structure attached to and supported by a
iool� building when such structure extends beyond the building.
MASTER STORMi WATER iMANAGEMNT PLAN. An engineering plan, written report or engineering
drawing outlining the primary and secondary drainage and stormwater treatment facilities needed for the proper
development of a specific increment of the incorporated area of the City of Sebastian.
MEAN SEA LEVEL. The average height of the sea for all stages of the tide. It is used as a reference for
establishing various elevations within the floodplain. For purposes of this article, the term is synonymous with
"national geodetic vertical datum (NGVD)."
MMINIMUM DESCENT ALTITUDE. The lowest altitude, expressed in feet above mean sea level, to which
descent is authorized on final approach or during circle -to -land maneuvering in execution of a standard
instrument approach procedure, where no electronic glide slope is provided.
iMINIINIUM ENROUTE ALTITUDE. The altitude in effect between radio fixes which assures acceptable
navigational signal coverage and meets obstruction clearance requirements between those fixes.
MINIMUM OBSTRUCTION CLEARANCE ALTITUDE. The specified altitude in effect between radio
fixes on VOR (visual omni range) airways, off airway routes, or route segment and which assures acceptable
navigational signal coverage only within twenty-two (22) miles of the VOR.
MINIMUM VECTORING ALTITUDE. The lowest above mean sea level altitude at which aircraft operating
on instrument flight rules will be vectored by a radar controller, except when otherwise authorized for radar
approaches, departures or missed approaches.
MINING. The removal, either in or upon the soil of the earth or beneath the soil, of any valuable inert or life-
less substance formed or deposited in its present position through natural agencies alone, as a commercial
business.
MOBILE HOME. A structure transportable in one (1) or more sections, which in the traveling mode, is eight
(8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three
hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as
a dwelling with or without permanent foundation when connected to the required utilities, and including the
plumbing, heating, air conditioning and electrical systems contained therein. Calculations to determine the
number of square footage in a structure will be based upon HUD standards, and such structures are subject to the
regulations set forth therein. For the purposes of this code, a mobile home shall not be considered a single
family dwelling unit.
NAMEPLATE. A sign stating only the name of the occupant and his or her occupation or specialty.
NATIONAL GEODETIC VERTICAL DATUM (NGVD). As corrected in 1929, a vertical control used as a
reference for establishing varying elevations within the floodplain.
NATIVE VEGETATION. Any and all plant and tree species that are indigenous to the City of Sebastian.
NEW DEVELOPMENT. The construction of a building or structure on unimproved real property.
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Chapter V: Glossary Article XXH: Language and Definitions
NONCOMPLYING BUILDING OR STRUCTURE. Any building or other structure, for which the use is
�..� lawful (permitted or nonconforming), but the building or other structure does not comply with all applicable
provisions of this code, including, but not limited to size and dimension regulations, off-street parking
requirements, landscape requirements, performance standards, or height requirements, either on the effective
date of this ordinance or as a result of any subsequent amendment. Herein such noncomplying building or
structure may be referred to as a noncompliance.
NONCONFOR1tiILNG USE. A use of a building or structure or a tract of land which does not, on the effective
date of this ordinance or amendment thereto, conform to any one of the current permitted uses of the zoning
district in which it is located, but which was legally established in accordance with the zoning in effect at the
time of its inception or which use pre -dates all zoning codes and which use has not changed or been abandoned
during its existence. Herein such nonconforming use may be referred to as a nonconformity.
NONPRECISION INSTRUMENT RUNWAY. A runway having an instrument approach procedure using
air navigation facilities with only horizontal guidance or area type navigation equipment for which a straight -in,
nonprecision instrument approach procedure has been approved or planned, and for which no precision
instrument approach facilities are planned or indicated on an appropriate civil or military airport planning
document.
NONSTANDARD TAKE -OFF MINIMUMS. Conditions of existing weather required for take -off at an
airport which exceed the standards prescribed in Federal Aviation Regulations Part 91.
NON -VEHICULAR OPEN SPACE. That portion of a site or parcel upon which buildings, pavement, or other
improvements have not been placed, but excluding lakes and wet storage stormwater retention areas.
NUISANCE. Any noise, debris, garbage, junk, trash, weeds, or unserviceable vehicles, or any other substance
or material which, by nature of its location, is considered a health or safety hazard, and/or which is considered
obnoxious and offensive to the general public.
OCCUPIED. The use of a structure or land for any purpose, including occupancy for residential, business,
industrial, manufacturing, storage, and public use.
OPEN SPACE. That portion of land which includes the gross area of the site less building coverage,
impervious parking areas, vehicular access or egress ways, and other cover through which water cannot
penetrate. City approved recreation and pedestrian site amenities shall be included as open space even if they
restrict the penetration of water. Dry retention ponds shall be considered open space.
OUTBUILDING. A secondary ancillary building, other than a storage shed, located in the rear yard of the
principal building. Outbuildings shall have a maximum building footprint of 500 square feet and maximum
gross floor Area of 1,000 square feet. Outbuildings have a maximum height of twenty feet.
OUTDOOR STORAGE. The keeping in an unroofed area of any goods, material, or merchandise in the same
place for more than twenty-four (24) hours. The parking of motor vehicles, in operating condition which are
used in the operation of a commercial establishment shall not be considered outside storage.
PARAPET. That portion of the facade which extends above the roof line.
PARCEL. Any contiguous quantity of land capable of being described such that its location and boundaries
may be established, that is designated by its owner(s) or developer(s) as land to be used or developed as a unit,
or that has been used or developed as a unit.
PARKING LOT. An area not within a building where motor vehicles may be stored for the purposes of
temporary, daily off-street parking.
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Chapter V: Glossary Article XXII: Language and Definitions
PARKING SPACE, OFF-STREET. An area not within a building service way or other structure where motor
r,••�, vehicles may be stored for the purpose of temporary daily parking. This definition shall include a motor vehicle
display lot, or display of boats, trailers and mobile homes.
PATIO. An open unoccupied space on the same lot not fully enclosed on all four (4) sides by the principal
building.
PERFOR IAINCE GUARANTEE. A financial guarantee to ensure that all improvements, facilities, or work
required by these regulations will be completed in compliance with the regulations, and the approved plans and
specifications of a development.
PERMEABLE SURFACE. Any surface permitting full or partial absorption of stormwater into previously
unimproved land.
PERMITTED USE. Any use allowed by right within a given zoning district upon satisfaction of applicable
land development regulations.
PLANNED UNIT DEVELOPMENT. A "planned unit development" is land under unified control, planned
and developed as a whole in a single operation or approved programmed series of operations for dwellings, for
dwelling units and related uses and facilities; includes principal and accessory uses and structures substantially
related to the character of the development and the surrounding area of which it is part; and is developed
according to the comprehensive and detailed plans which include but are not limited to streets, utilities, lots or
building sites and the like but also site plans and detailed plans for other uses and improvements, facilities and
services as will be for common use by some or all of the occupants of the planned unit development but will not
be provided, operated or maintained at public expense.
PLOT PLAN. See Site Plan.
PORCH. An open-air roofed structure surrounded by a railing or other retaining device which is located along
the facade of a building at any level. A porch shall include columns, which support its roof and floor.
PRECISION INSTRUMENT RUNWAY. A runway having an instrument approach procedure utilizing an
instrument landing system, microwave landing system or a precision approach radar including a runway for
which such a system is planned and is so indicated on an approved civil or military airport layout plan, other
FAA planning documents, or comparable military service planning documents.
PREMISES. Any land together with any buildings, structures or other appurtenances occupying it.
PRINCIPAL BUILDING. A building in which the principal use of the property is located.
PRINCIPAL STRUCTURE. A building occupied by the principal use of the premises or lot. In a residential
district any dwelling shall be deemed to be the principal building on the lot where it is located. An attached
carport, shed, or garage with one (1) or more walls or a part of one (1) wall being a part of the principal building
and structurally dependent, totally or in part, on the principal building, shall comprise a part of the principal
building and be subject to all regulations applied to the principal building.
PRINCIPAL USE. The primary use and chief purpose of a lot or structure.
PROCEEDING IN GOOD FAITH. Tangible and continuing actions taken by an applicant of an approved
final development order to perform actual project construction and implementation leading to completion of a
final development plan within a reasonable period of time.
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Chapter V: Glossary Article XXII: Language and Definitions
PROHIBITED OR UNDESIRABLE EXOTIC TREES: The following five (5) tree species that if present on
the site are considered to be prohibited trees (or undesirable exotic) and are subject only to a verification
inspection by the City prior to removal:
1. Ear tree (Enterolobium cyclocarpum);
2. Chinaberry (Melia azedarch);
3. Australian Pine (Casuarina spp.);
4. Punk tree or cajeput tree (Maleleuca quinquemervia or Maleleuca Leucadendron);
5. Brazilian pepper (Schinus terebinthifolius).
PROJECT AREA. For the purpose of computing density, lot coverage, and floor area ratio for any project site
shall not include public rights -of -way, or land lying below the mean high water line.
PROJECT SITE. That portion of the real property that is being developed. See also "Development"
PROTECTED TREE: Any tree of four (4) inches DBH or greater or any Quercus (Scrub Oak) tree measured
at its base of four (4) inches in circumference or greater that is not otherwise exempted herein.
PROTECTIVE BARRIER: A physical structure, such as protective bindings, braces or other similar
noninjurious materials which effectively limit access to a protected area.
PUBLIC PROPERTY. All real and personal property, including leasehold rights owned by the federal, state
or local governments, including all political subdivisions, authorities, or other entities to which the rights,
powers and privileges of the Federal, State and Local government have been delegated.
PUBLIC RIGHTS OF WAY. Any State, County or City street, road, alley or highway or public easement
acquired by City or the public by purchase, gift, devise, dedication, prescription, or otherwise within the
corporate limits of the City of Sebastian.
PUBLIC USE. Any use of land or structures owned and operated by a municipality, county, state or the federal
government or any agency thereof and for a public service or purpose.
PUBLIC WATER AND SEWER SERVICE. This shall mean water and sewer systems, including pipes,
rights -of -way and treatment plants, owned and operated by the City or operated under a fianchise granted by the
City.
RECREATIONAL AND LANDSCAPED OPEN SPACE. Unroofed or screen roofed ornamental landscaped
areas and recreational areas which are easily accessible and regularly available to occupants of all dwelling units
on the lot wherein the open space is located. Rooftops, porches, raised decks, parking spaces, driveways, utility
and service areas are not calculated as open space.
RECREATIONAL VEHICLE (RV). Any travel trailer, camper, boat, or trailer as defined herein.
Additionally, any portable vehicular structure that is built on a chassis, which is designed as a temporary
dwelling for travel and recreation, and which has a transportable body width not exceeding eight (8) feet and a
length not exceeding forty (40 feet).
REDEVELOPMENT. See Development.
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Chapter V: Glossary Article XXII: Language and Definitions
REGULAR MOORING OF WATERCRAFT. Any vessel moored, anchored, or docked in the same general
area at least eight (8) hours within any day (twenty -four-hour period), for ten (10) days, not necessarily
consecutive, within any calendar month.
REGULATORY FLOOD. The one hundred year flood. The one hundred year flood is that flood which has a
one percent probability of being equaled or exceeded in any given year, as indicated on the official City of
Sebastian flood hazard map.
RENOVATION. Work which changes or modifies the original size, location, materials of interior/exterior
finish of the components of a building. The change may include expansion or upgrading of a building.
RETENTION. The prevention of, or to prevent the discharge of, a given volume of stormwater runoff into
surface waters of the state by complete on -site storage where the capacity to store the given volume of
stormwater is again provided within ninety-six (96) hours following the storm event. Wet retention refers to an
area the lowest elevation of which penetrates the dry season groundwater table. Dry retention refers to an area
the lowest elevation of which lies at least two (2) feet above the wet season groundwater table.
RIGHTS OF WAY. Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, utility
installations, drainage facility, access for ingress or egress, or other purpose by the public, certain designated
individuals, or governing bodies.
ROAD TRACTOR means any motor vehicle designed or used for pulling semi -trailers, trucks, or other road
tractors.
RUNWAY. The defined area of an airport prepared for landing and take -off of aircraft along its length.
0�1 SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from
another by fencing, walls, berms or densely planted vegetation.
SCRUB OAK: Any specimen of the scrub oak or of the species Chapmanii (Chapmans Oak), Quercus
Geminata (Sand Live Oak), Quercus Minima (Dwarf Live Oak), and Quercus Myrtifolia (Myrtle Oak).
SEDIMENTATION. Sedimentation shall mean the settling out of the soil particles that are transported by
water or wind. Sedimentation occurs when the velocity of water or wind in which soil particles are suspended is
slowed to a sufficient degree and for a sufficient period of time to allow the particles to settle out of suspension
or when the degree of slope is lessened to achieve the same result.
SEMI-PUBLIC USE. Any use of land or buildings owned and operated by an individual, firm, corporation,
lodge or club, either as a profit or nonprofit activity, for a public service or purpose. This shall include privately
owned utilities, transportation, recreation, education, and cultural activities and services.
SEMI -TRAILER means any vehicle with or without motive power designed for carrying freight and which is
drawn or pulled by another vehicle. This does not include recreational trailers.
SETBACK. The minimum horizontal distance between the front, rear or side lines of the lot and the front, rear
or side lines of the building including porches, carports, and accessory uses subject to yard encroachment
provisions of Article V, District Regulations.
SHORELINE. The mean high water line for tidal water bodies and ordinary high water line for the non -tidal
f waters for inland water bodies.
SHRUBS. A self-supporting, woody perennial plant of low to medium height characterized by multiple stems
and branches continuos from the base.
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Chapter V: Glossary Article XXII: Language and Definitions
SIGN. Any structure, housing, device, figure, statuary, painting display, message placard, any permanently
/0"IN installed or situated merchandise, any emblem, painting, banner, or other contrivance, or any part thereof, which
is designed, constructed, created, engineered, intended, or used to advertise, promote, provide data or
information in the nature of advertising for any of the following purpose: to designate, identify, or indicate the
name of the business of the owner or occupant of the premises upon which the advertising display is located; or,
to advertise the business conducted, services available or rendered, or the goods produced, sold, or available for
sale, upon the property where the advertising display is erected; or, to promote the interests of any person,
business or cause.
SIGN, ABANDONED. A sign is considered abandoned if all business advertised on that sign are no longer
licensed, no longer have a certificate of occupancy, or are no longer doing business at the location noted on the
sign.
SIGN, ADD -ON. Any additional sign added to a previously permitted and/or conforming sign.
SIGN, ADDRESS. The numeric reference of a structure or use to a street, including as part of a freestanding or
monument sign
SIGN, A -FRAME. A free standing, movable sign capable of standing without support or attachment usually
hinged at the top, or attached in a manner, and widening at the bottom to form a shape similar to the letter A.
SIGN, ANIMATED. A sign with physical or light action or motion or the appearance thereof, including
lenticulation, wind actuated elements, rotating, oscillating, fluttering, flashing, or swinging signs, banners, but
excluding permitted flags.
fwft,� SIGN, AWNING. Any sign incorporated into an awning attached to a building.
SIGN, BANNER. Any sign having the characters, letters, illustrations or ornamentations applied to cloth,
paper, balloons, inflatable items or fabric of any kind with such material serving as foundation. The word
"banner" shall also include pennant or any animated, rotating and/or fluttering device, with or without lettering
for design, and manufactured and placed for the purpose of attracting attention. National, state and municipal
and nationally or internationally recognized organizations flags shall not be considered banners.
MUNICIPAL BANNER. An flag or sign installed by the City having characters, letters, illustrations
or ornamentation representing civic events, special events or holidays and placed on public right-of-way
and/or property.
SIGN, BARBER. A candy striped rotating cylinder used traditionally to identify a barber shop.
SIGN, BENCH. Copy painted on any portion of a bench.
SIGN, BILLBOARD (OFF -PREMISES SIGN). Any sign, or framework thereof, installed for the purpose of
advertising an establishment, merchandise, services or entertainment, sold, produced, manufactured or furnished
at a place other than the location where the sign is located.
SIGN, CHANGEABLE COPY. A sign designed to allow the changing of copy through manual, mechanical,
or electrical means not including time and temperature signs.
SIGN, CIVIC EVENT.
sponsored by a public
organization.
A temporary sign, other than a commercial sign, posted to advertise a Civic event
agency, school, church, civic -fraternal organization, or similar non-commercial
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Chapter V: Glossary Article XXII: Language and Definitions
SIGN, CONSTRUCTION. A temporary sign erected on the parcel on which construction is taking place
pursuant to a valid permit, limited to the duration of the construction, indicating the names, addresses and
telephone numbers of the architects, engineers, landscape architects, contractors, or similar artisans, and the
owner, financial supporters, sponsors, and similar individuals or firms having a major role or interest with
respect to the structure or project.
SIGN, DIRECTIONAL. Any sign (other than a highway marker or any sign erected and maintained by public
authority, or a public utility) which is designed, erected and maintained for the purpose of directing persons to a
place, structure, or activity located in the City, but not located on the same premises as the sign.
SIGN, FLAGS. A piece of fabric of distinctive design, color or pattern that is used as a symbol of some
country, state, county, city, political party, organization or other entity and used for symbolic non-commercial
purposes.
SIGN, FLASHING. Any sign, used for identification, directional, advertising or promotional purposes, which
flash, blink, cut on and off intermittently, and are used as exterior signs or interior signs visible from the public
right-of-way. Changeable copy signs and time/temperature signs are not considered Flashing signs.
SIGN, FREESTANDING. A sign which is supported by one (1) or more columns, uprights, or braces in or
upon the ground and independent of any support from buildings or other structures. Included are pole signs,
pylon signs and masonry wall -type signs. This does not include portable or trailer type signs.
SIGN, FUTURE TENANT IDENTIFICATION. A temporary sign which identifies a future use of a site or
building.
SIGN, GARAGE SALE. A sign which identifies the location and/or time of a general sale open to the public
from or on residential property located in any zoning district.
SIGN, GRAND OPENING. A sign announcing the opening of a new business or the relocation of an existing
business within the City. Grand Opening does not mean an annual or occasional promotion of retail sales by a
business.
SIGN, HOLIDAY. Displays, including lighting, erected in connection with the observance of holidays.
SIGN, IDENTIFICATION. One (1) sign per business location not more than three (3) square feet in area,
painted on a wall or door or attached to the building used to identify the name of the business, or the name and
logo in combination and/or its principals and address located therein. The top of said sign shall be no more than
eight (8) feet above ground level.
SIGN, ILLUMINATED. A sign in which a source of light is used in order to make the message readable,
including internally and externally lighted signs, where the immediate source of illumination is not enclosed by
the surface of the sign structure. Neon tubes used as abstract, graphic, decorative, or architectural elements shall
be considered to constitute an illuminated sign.
SIGN, INSTRUCTIONAL. A sign, without advertising, designed and intended to convey information,
instructions or warnings with respect to the premises on which it is maintained. (e.g. "Danger -Bad Dog,",
"Keep Off', "Secured by x.y.z. Security Company".)
SIGN, MONUMENT. An independent structure supported from grade to the bottom of the sign with the
appearance of having a solid base.
SIGN, MARQUEE. Any sign attached to the side or front or hung under a marquee, which sign shall not
extend above the top of a marquee or shall not be mounted upon the top of the marquee.
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Chapter V: Glossary Article XXH: Language and Definitions
SIGN, NEON. An illuminated sign affected by a colorless, odorless light source consisting of a neon or gas
140` tube which is bent to form letters, symbols or other shapes.
SIGN, NON -CONFORMING. A sign lawfully erected and legally existing on the effective date of this
section, or of amendments thereto, but which does not conform to the provisions of this section.
SIGN, OFF -PREMISES. See Billboard.
SIGN, ON -PREMISES. Any sign that advertises, calls attention to or identifies the occupant of the premises
on which the sign is maintained, or the business transacted thereon, or advertises the property itself or any part
thereof as for sale or rent.
SIGN, OPEN HOUSE. A temporary sign posted to indicate a salesperson is available to represent the property
subject to sale, lease, or rent.
SIGN, PAINTED. Any sign painted on any surface, including the roof of any building or structure, visible
from any public right-of-way or from the air space above the structure.
SIGN, POLITICAL. Any sign urging the election or defeat of any candidate seeking any political office, or
urging the passage or defeat of any ballot measure, but does not include any billboard owned or maintained by a
commercial firm or advertising company.
SIGN, PORTABLE. A sign, whether on its own trailer, wheels, or otherwise, designed to be movable and not
attached to the ground, a building, a structure or another sign. Portable or movable signs also include placards,
signs, banners or similar devices attached to vehicles for advertising purposes, unless such devices are an
f� integral part of such vehicle used in the normal course of business.
ka
SIGN, PROJECTING. Any sign attached to the building wall or structure and which extends more than
eighteen (18) inches from the plane of such wall or structure.
SIGN, PUBLIC. Signs erected by or on behalf of or pursuant to the authorization of a governmental body,
including legal notices, identification, instructional signs, and traffic, directional or regulatory signs. Public
signs shall include public transit service signs, utility information signs, public restroom or telephone signs,
trespassing signs, signs which indicate scenic or historical points of interest, and all signs or legal notices
erected by a public officer in the performance of a public duty are public service signs. Off -site signs placed by
a public agency for the purpose of guiding persons to emergency centers or places of public interest are also
included. Such signs may have changeable copy through manual, mechanical, or electrical means.
SIGN, REAL ESTATE. Any sign, installed on a temporary basis, by the owner of real property or his agent,
advertising the real property upon which the sign is located for rent, sale, or lease, but shall not include rooming
house signs.
SIGN, REVOLVING. See Animated sign.
SIGN, ROOF. Any sign, installed, constructed or maintained above, or projects above, the roof including a
mansard roof or the top of a parapet wall of a building or which is painted on or fastened to a roof.
SIGN, SANDWICH. See A -frame sign.
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Chapter V: Glossary Article XXII: Language and Definitions
SIGN, SNIPE. Any sign of any size, made of any material, including paper, cardboard, wood and metal, when
such sign is tacked, nailed, posted, pasted, glued or otherwise attached to a tree, utility pole, fence or similar
objects, and the advertising matter appearing thereon is not applicable to the premises upon which said sign is
located. Also includes any sign installed without permission of the owner of the property on which the sign is
located.
SIGN, SPECIAL EVENT. A sign advertising, promoting or announcing a short term event.
SIGN, SUBDIVISION ENTRANCE. An identification structure located at the main entrance to a city
approved subdivision or development. The only advertising on the structure shall be the name of the
subdivision or development.
SIGN, SWINGING. The term "swinging sign" shall mean any sign that swings freely from or on supports
independently of the guy wires used in connection therewith.
SIGN, TEMPORARY. A sign having a display duration of no more than thirty (30) days.
SIGN, TIME/TEMPERATURE. An electronic or mechanical device which shows time and/or temperature,
but contains no business identification or advertising with a complete time and/or temperature sequence span of
four (4) to eight (8) seconds.
SIGN, VEE-SHAPED. Any free standing sign which has two (2) faces which are not parallel.
SIGN, VEHICULAR. A sign affixed to or painted on a transportation vehicle or trailer, for the purpose of
business advertising; however, not to include signs affixed to vehicle or trailers for identification purposes. A
vehicular sign shall not be used as a directional sign.
SIGN, WALL. A sign attached directly to or painted on an exterior wall of a building or dependent upon a
building for support with the exposed face of the sign located in a place substantially parallel to such exterior
building wall to which the sign is attached.
SIGN, WINDOW. A sign visible from any public right-of-way, painted or affixed on glass or other window
material, or located inside within two (2) feet of the inside of the window, directing attention to the principal
business, profession or industry upon the premises where the sign is displayed, or to the type of products sold,
manufactured or assembled, or to services or entertainment offered on said premises. On -site advisory signs are
not considered window signs.
SIGN AREA. The surface area of a sign shall be computed by including the entire area within a single,
continuous, rectilinear perimeter of not more than eight (8) straight lines, or a circle or an ellipse, enclosing the
extreme limits of the writing, representation, emblem or other display, together with any material or color
forming an integral part of the background of the display or used to differentiate the sign from the backdrop or
structure against which it is placed, but not including any supporting framework or bracing that is clearly
incidental to the display itself.
SITE PLAN. A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of
a site and the location of all buildings, structures, uses, and principal site development features proposed for a
specific parcel of land.
SOIL EROSION. Soil erosion shall mean any removal and/or loss of soil by the action of water, gravity or
wind. Erosion includes both the detachment and transport of soil particles.
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Chapter V: Glossary Article XKU: Language and Definitions
SPECIAL EVENT. The temporary use of facilities, parking areas and other open space for an event held by
/00*� owner, nonowner, religious organizations, recreational/entertainment groups or local civic organizations.
Special events may include circuses, carnivals, festivals, fairs, special exhibitions, concerts, church revivals and
other similar activities.
F
SPECIAL. EXCEPTION. A use which is provided for in the zoning regulations for a particular zoning district
or classification and if controlled would not affect the public safety, health or general welfare by allowing the
use in an additional zoning district or classification.
SPECIAL USE. A use which is not provided for in the zoning regulations and may be approved by the City
Council if the applicant meets special provisions and conditions as deemed appropriate.
SPECIMEN TREE. Any tree twenty (20) inches diameter at breast height (DBH) or more and shall include all
mangroves and exclude palm trees.
STANDPIPE. An arrangement of piping, valves, hose outlets and allied equipment installed in a building or
structure with outlets located in such a manner that water can be discharged through hose and nozzles for the
purpose of extinguishing a fire.
STORAGE. The act of storing, state of being stored or a space for storing goods.
STORED, VEHICLE. Any vehicle or recreational vehicle not in normal daily usage for transportation of the
occupants of the residence.
STORMWATER. The flow of water which results from a rainfall event.
STOMMWATER DETENTION. The prevention of, or to preent the discharge of, a given volume of
stomwater runoff into surface waters of the State by storage completely on -site.
STORMWATER MANAGEMENT PLAN. An engineering plan and written report outlining the drainage
and stormwater treatment facilities required for the proper development of the tract under considerations
pursuant to the stormwater management and flood protection plan, Article XII.
STORMWATER MANAGEMENT SYSTEM. A system of natural or artificial water bodies or watercourses
which stores or conveys water.
STORMWATER RETENTION. The collection and temporary storage of stormwater in such a manner as to
provide for treatment and flood attenuation to the receiving waters.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the
floor next above, or any portion of a building used for human occupancy between the topmost floor and the
roof. A basement or cellar not used for human occupancy shall not be counted as a story.
Half -story. A story under a sloping roof, the finished floor area of which does not exceed one-half the
floor area of the floor immediately below it; or a basement used for human occupancy, the floor area of
that part of the basement so used not to exceed fifty (50) percent of the floor area of the floor
immediately above.
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Chapter V: Glossary Article XXH: Language and Definitions
STREET. In addition to the definition contained in Section 1.02 of the Sebastian Code of Ordinances, a street
for the purposes of this these regulations shall be a public or private right-of-way/easement set aside for public
travel which is thirty (30) feet or more in width. A street affords principal means of access to abutting property.
Street classifications include the following:
Arterial. Arterial streets serve as principal routes through the City. The purpose of these facilities is to
move large volumes of traffic from one part of the region or county to another. Arterial roads also
provide connections between major activity centers of the County or City.
Minor Arterial. Those routes intended to carry heavy volumes of traffic for short distances within the
City, as delineated on the City of Sebastian Thoroughfare Plan.
Major Collector Streets. Major collector streets collect and distribute traffic from residential access
streets to arterial streets or other collector streets.
Minor Collector Streets. Minor collector streets collect traffic from local streets and feeds traffic to
major collectors and arterials.
Residential Access Streets (Local Streets). Streets which directly serve abutting properties and
residences. These streets should be relatively safe and quiet and should be completely free of any
through traffic.
Street Right -of -Way Line. The property line which bounds the right-of-way set aside for use as a
street. Where sidewalks exist and the exact location of the right-of-way is unknown, the side of the
sidewalk farthest from the center line of the traveled street shall be considered as the right-of-way line.
Street Center Line. The midpoint between the street right-of-way or the surveyed centerline of the
street.
STREET FACADE. That facade of a building which is nearest an adjacent street.
STREET FRONTAGE. That portion of the property adjacent and generally parallel to the street right-of-way.
STRUCTURAL ALTERATION. Any change, except for repair or replacement in the supporting members of
a building, such as bearing walls, columns, beams, or girders.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something
having or requiring a fixed location on the found. Structures shall include buildings, mobile homes, walls,
fences and signs, paving, sidewalks, utility transmission towers, and other similar improvements.
SUBDIVISION. The division and recording in accordance with the City's land development regulations of a
parcel of land into two or more lots or blocks for the purpose of transfer of ownership or development for
development, sale or lease.
SUBSTANTIAL RENOVATION. A development which includes improvements to existing buildings and site
improvements consisting of any combination of repairs, reconstruction and alteration to a building or site.
SWIMMING POOL. A water -filled enclosure, permanently constructed or portable, having a depth of more
than eighteen (18) inches below the level of the surrounding land, or an above -surface pool, having a depth of
more than thirty (30) inches, designed, used and maintained for swimming and bathing.
SYNTHETIC PLANTS. Synthetic or artificial material in the form of trees, shrubs, ground covers or vines
shall not be used in lieu of plant requirements in this article.
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Chapter V: Glossary Article XXII: Language and Definitions
SYSTEM. A dam, impoundment, reservoir, inlet, pipe, swale, ditch, appurtenant work or works, or a
�..►� combination thereof, that is intended to provide drainage, water storage conveyance, prevent or impair
inundation, or other water management capabilities in and for a discrete area or a work that traverses waters in
the City of Sebastian.
TEMPORARY STRUCTURE. A structure without any foundation or footings and which is removed when
the designated time period, activity, or use for which the temporary structure was erected has ceases.
TEMPORARY USE. A use established for a fixed period of time with the intent to discontinue such use upon
expiration of the time period.
TERRACE. An unoccupied open space adjacent to the principal building on one (1) or two (2) sides, prepared
with a hard, semi -hard, or improved surface, and uncovered, for the purpose of outdoor living.
TOWNHOUSE. A one -family dwelling in a group of at least three (3) and no more than ten (10) such units in
which each unit has its own front and rear access to the outside, and the units are designed with distinctive
facades or varied setbacks. No unit is located over another unit, and each unit is separated from any other unit
by one or more common fire resistant walls.
TRAILER. Any vehicle, with or without motor power, other than a pole trailer, designed for carrying persons
or property and for being drawn by a motor vehicle.
TRANSIENT LIVE -ABOARD VESSEL. Any vessel used solely as a residence for a period of less than thirty
(30) days in a twelve-month period.
�1 TRANSIENT MERCHANT. Any person or business entity that engages in the temporary sale of any
merchandise not within an enclosed structure. The following will not be considered to be transient merchants:
1. Any merchants within enclosed structures who temporarily display their merchandise outside of the
structure on their premises provided the display does not delete any required parking.
2. Any merchants who have received site plan approval from the Planning and Zoning Commission for
a specific outside sales and/or display area.
TRAVEL TRAILER. Travel trailer shall mean a portable structure built on a chassis designed as a temporary
dwelling for travel and vacational and not used as living quarters except in a trailer park.
TREE. A woody plant having a well defined stem, a more or less well defined crown, and which is capable of
attaining a height of at least twelve (12) feet with a trunk diameter of not less than least four (4) inches measured
four and one-half (4%) feet above grade (DBH).
TREE SURVEY. An aerial photograph or sketch prepared to a scale no smaller than one (1) inch to two
hundred (200) feet, which provides the location size and common name of all protected trees located on a give
parcel of land intended for development or site planning as a single lot, tract, or building site.
TRELLIS. A frame supporting open latticework used for training vines and other climbing plants.
UNDERSTORY. Plant coverage consisting of shrubs, herbs and vines, which because of their nature will not
�•.►� grow to such a height, that they will occur in the canopy layer of trees.
UNDESIRABLE TREE. See: "Prohibited and Undesirable Exotic Tree."
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Chapter V: Glossary Article XXII: Language and Definitions
UNITY OF TITLE. Recorded legal instrument combining two (2) or more lots or parcels into one (1) lot or
parcel.
USE. The "use" of property is the purpose or activity for which the land or building thereon is designed,
arranged or intended or for which it is occupied or maintained, and shall include any manner of performance of
such activity with reference to the specifications of this Zoning Ordinance.
VACANT. A building or parcel of land which is neither occupied nor used or is in an inoperative state.
VACATION OF EASEMENT OR RIGHT-OF-WAY. The abandonment of a public easement or right-of-
way which results in the removal of the easement or right-of-way, re -use of the property, and/or a change in the
ownership of the property.
VARIANCE. A dispensation permitted on individual parcels of property as a method of alleviating
unnecessary hardship by allowing a reasonable use of the building, structure, or property, which, because of
unusual or unique circumstances, is denied by the terms of this ordinance. As used in this ordinance, a variance
is authorized only for size of structure or size of yards and open spaces. It does not include a density increase
contrary to that permitted in the respective districts.
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon
a highway, excepting devices used exclusively upon stationary rails or tracks.
VESTED RIGHTS, COMMON LAW. A right not created by statute or the provisions of the City of
Sebastian Comprehensive Plan which would authorize the development of real property or the continued
development of real property notwithstanding the provisions of the City of Sebastian Comprehensive Plan. The
/ City may find such vesting to exist whenever the applicant proves by a preponderance of evidence that the real
property owner, acting in good faith upon some act or omission of the City has made a substantial change in the
position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust
to destroy the right to develop or to continue the development of the real property. The assignment of the
particular zoning classification or the assignment of a particular land use designation to parcel of real property
does not guarantee or vest any specific development rights to any person or entity as to said real property.
VESTED RIGHTS, STATUTORY. A statutory right to develop or to continue the development of real
property pursuant to the provisions of § 163.3187(8), FS or its successor provisions. Such vesting may be found
to exist if a valid and unexpired final development order was issued by the City prior to the effective date of this
Code, if construction has commenced on the subject development and the development is in the process of being
completed or further development is continuing in good faith. Statutory vesting does not occur unless all
material requirements, conditions, limitations and regulations of the development order have been met and are
being maintained.
VINES. Plant material with a long slender stem shall be a minimum of thirty (30) inches in height directly after
planting and may be used in conjunction with fences, screens or walls to meet physical barrier requirements as
specified.
VISIBLE ROOF STRUCTURE. A partial or perimeter roof (used in conjunction with a low sloped roof) that
gives the appearance of having a true gable, hip, shed, or mansard roof. A parapet wall is not a visible roof
structure.
VISTA. A visual corridor at ground level not obstructed by buildings, structures or portions thereof, which
extends from public right-of-way to the waters of the Indian River.
VISUAL RUNWAY. Any runway other than an instrument runway.
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Chapter V: Glossary
Article XXIII: Language and Definitions
WAIVER. The act of the City relinquishing a developer and/or land owner of any of the regulatory provisions
of the land development code.
WATER. All water on or beneath the surface of the ground including natural or artificial watercourses, lakes,
ponds, or diffused surface water and water standing, percolating or flowing beneath the surface of the ground, as
well as all coastal waters within the city.
WATER BODY. Any natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently
contains water and which has a discernible shoreline.
WATERCOURSE. Any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland
through which water flows in a definite direction, either continuously or intermittently, and which has a definite
channel, bed, banks or other discernible boundary.
WATERCRAFT. See definition for "Boat or Vessel".
WATERSHED. A drainage area or drainage basin contributing to the flow of water directly or indirectly into
receiving waters.
WATER -DEPENDENT USES. Activities which can be carried out only on, in or immediately adjacent to
water areas because the use requires access to the water body for: waterborne transportation, including ports or
marinas; recreation; electrical generating facilities; or water supply.
WATER -RELATED USES. Activities which are not directly dependent upon access to a water body, but
which provide goods and services that are directly associated with water -dependent or waterway uses andlor
provide supportive services to persons using a duly permitted marina.
WATERS OF THE CITY. Includes the Indian River Lagoon, the Sebastian River, and waterways and canals
within the City rights -of -way and easements, or on other City owned property. Similarly, refers to watered
routes within the city limits, potentially transitable, which were established as outlets from federal and state
sovereign waterways and are subject to federal pre-emption; or waters over lands held in trust by the State of
Florida Trustees of the Internal Improvement Trust Fund (TIITF); or waterways platted as drainage easements
or canals and deeded to the City of Sebastian to be maintained as stormwater management districts, and which,
from time to time, following action by the controlling body after rain events or other reason, fill sufficiently to
sustain the draft of a boat or vessel thus allowing use of the waterway as a roadstead for waterborne
transportation.
WEIR. A control structure built to direct, restrict or back up the flow of water.
WETLAND. Lands transitional between terrestrial and aquatic systems where the water table is usually at or
near the surface or the land is covered by shallow water. For purposes of this classification, wetlands must have
one or more of the following three (3) attributes:
At least periodically, the land supports predominantly hydrophytes;
2. The substrate is predominately undrained hydric soil; and
3. The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the
growing season of each year.
Wetland jurisdictional determinations shall be consistent with those of the SJRWMD, and the U.S. Army Corps
of Engineers.
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Chapter V. Glossary Article XXII: Language and Definitions
YARD. A yard shall be defined as an open space at grade between a building and the adjoining lot lines,
unoccupied, open to the sky and unobstructed by any portion of a structure from the ground upward, except as
otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the
structure shall be used (A driveway or off-street parking area may be a portion of a "yard").
YARD, FRONT. A yard extending across the front of a lot between the side yard lines, and being the minimum
horizontal distance between the street line and the structure of any projections thereof other than the projections
of uncovered steps, and those allowed per Section 54-2-5.10(E)(2)(f). On corner lots and through lots, all yards
which abut the street are considered front yards for setback purposes.
Primary front yard. The yard of an improved corner lot which is located between the wall of the
structure facing the street where the primary entrance is located and the street.
Secondary front yard. The yard of an improved corner lot which is located between the wall of the
structure facing the street where the primary entrance is not located and the street.
YARD, REAR. A yard extending across the rear of a lot between the side lot lines and between the rear lot line
and the nearest structure. On lots with one front line, the lot line opposite the front lot line shall be the rear lot
line. On corner lots which abut two (2) streets with front lot lines of unequal length, the rear yard line shall be
opposite and parallel to the shortest front lot line. On a corner lot which abuts three (3) streets, the remaining lot
line shall be a side yard if it abuts a side yard and shall be a rear yard if it abuts a rear yard.
YARD, SIDE. A yard between any structure and the side line of the lot, and extending from the front lot line to
the rear yard and being the minimum horizontal distance between a side lot line and the side of any structure. A
,4xv.,, yard which is not a front or rear yard.
/"1
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Chapter V: Glossary Article XXII: Language and Definitions
SECTION 54-5-22.3. LAND USE CLASSIFICATIONS.
The purpose of these provisions is to classify uses into specially defined types on the basis of common
functional characteristics and land use compatibility. These provisions apply throughout the zoning regulations.
All land use activities are classified into the following activity types. This section shall not be considered am
all inclusive list of all permitted and/or conditional uses contained within the land development regulations.
A. RESIDENTIAL ACTIVITIES
1. Single Family Dwellings 4. Mobile Homes
2. Duplex Dwellings 5. Foster Care/Group Homes
3. Multi Family Dwellings 6. Accessory residential activities
B. COMB IUNITY FACILITIES
Administrative services. Activities typically performed by not -for -profit private or public social
services and utility administrative offices.
Airport Facilities. Activities which are customarily incidental to airport operations and maintenance
including airport terminal; heliport; fixed base operators; airport hangars; runways, taxiways, ramps and
aprons for the landing, takeoff, or surface maneuvering of aircraft; and communicative and visual
guidance systems.
Cemetery. Property used for the interring of the dead.
Child Care Services. A facility which includes any duly licensed child care center of child care
arrangement that provides child care for more than five (5) children unrelated to the operator and which
receives payment, fee or grant for any of the children receiving care, wherever operated, and whether or
not operated for profit. The provisions of this act shall not apply to a child care facility which is an
integral part of a church when such child care is only associated with child care provided during
services and other church activities or parochial schools conducting regular classes or courses of study..
Churches. An institution that people regularly attend to participate in or hold religious services,
meetings, and other activities. The term "church" shall not carry a secular connotation and shall include
buildings in which the religious services of any denomination are held.
Clubs, and Lodges. Not -for -profit activities typically operated by a government or by a group of
persons for social or recreational purposes and primarily including services which are not customarily
carried on as a business for profit. For the purposes of this code, clubs and lodges shall include
community centers.
Cultural and Civic Activities. Activities typically performed by public or private not -for -profit private
entities for the promotion of a common cultural or civic objective such as historical, literary, scientific,
musical, dramatic, artistic or similar objectives.
Foster care/group home facility. 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.
/On"N Golf Course and Support Facilities. Large unobstructed acreage with enough room over which to
walk or ride a prescribed course, and to stroke one ball long distances. Commercial miniature golf
courses and independent driving ranges and similar facilities are excluded from this activity as defined.
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Chapter V: Glossary
Article XXH: Language and Definitions
Hospitals and Intensive Care Facilities. Institutions providing health services, primarily for in-
14004� patients, and medical or surgical care; including, as an integral part of the institution, related facilities,
central service facilities, and staff offices.
Nursing Homes. Activities customarily performed by a home for the elderly or infirmed in which three
or more persons not of the immediate family are received, kept or provided with food, shelter and care
for compensation. This activity shall include rest homes, convalescent homes and extended care
facilities.
Parks and Recreation, Public. Public parks and recreation land and facilities developed for use by the
general public.
a. Active Parks and Recreation. Leisure time activities, usually of a more formal nature and
performed with others, often requiring equipment and taking place at prescribed places, sites or
fields. This may include but is not limited to swimming, tennis, and other court games, baseball and
other field sports, and playground activities.
b. Passive Parks and Recreation. Leisure time activities not considered active. This may include
water -related activities such as boardwalks and interpretive trails, fishing piers as well as boating.
Passive recreation may also include non -water related activities such as hiking, golfing, observation
towers, and picnicking.
Protective and Emergency Services. Fire, law enforcement and emergency medical related facilities
planned and operated for the general welfare of the public.
f� Schools. A private or public or not for profit institution conducting regular academic instruction at
kindergarten, elementary, and secondary levels, operated by a governmental or non -governmental
organization, which is licensed by the State of Florida.
Utilities, Public and Private. Use of land which is customary and necessary to the maintenance and
operation of essential public services, such as electricity and gas transmission systems; water
distribution, collection and disposal; communication; and similar services and facilities.
C. COMMERCIAL ACTIVITIES
Adult Entertainment Establishments. Any of the following described businesses: Adult arcade, adult
bookstore, adult dancing establishment, adult motion picture booth, adult mini -motion picture theater or
drive-in, adult motel/hotel, adult personal service business and adult theater.
Bars and Lounges. A commercial establishment selling and dispensing, for the drinking on the
premises, of liquor, malt, wine or other alcoholic beverages. This shall not include the sale of alcoholic
beverages accessory to and within a restaurant use duly licensed by the State as a restaurant.
Bed and Breakfast. An owner -occupied dwelling unit where quest room lodging, with or without
meals, is provided for compensation.
Boat Sales and Rentals. A commercial establishment where boat sales and rentals may occur together
with servicing and sales of marine supplies but excluding boat or ship building.
Business and Professional Offices. Government offices and private for -profit offices extending advice,
information or consultation of a professional nature. Offices exclude commercial storage of goods and
possessions for the purpose of sale or resale as a principal use.
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Page XXII-30
City of Sebastian
Chapter V: Glossary
Article XXII: Language and Definitions
Commercial Use. All non residential, non institutional and industrial establishments, but not limited to
and without regard to whether they are profit or non profit organizations or retail and/or wholesale
establishments; including motels, hotels, stores, office buildings, restaurants, service stations, garages,
laundries, cleaning establishments, for hire services and all other business required to obtain
occupational licenses.
Commercial Amusements. Establishments engaged primarily in providing amusement or
entertainment for a fee or admission charge.
Farmers Market. Sale of agricultural produce within an enclosed building.
Fish Markets and Packing Facilities. Commercial establishments for the receiving, processing,
packaging, storage, wholesale or retail distribution and sale of products of the sea. Such an
establishment may include facilities of the docking, loading, unloading, fueling, icing and provision of
vessels and for the drying, maintenance, and storage of equipment.
Flea Market. Those uses which involve the setting up of two (2) or more booths, tables, platforms,
racks or similar display areas for the purpose of selling or buying merchandise, goods, materials,
products or other items offered for sale inside an enclosed building. A "flea market" as defined herein
shall not be intended to include a "garage sale," "bake sale," fruit or produce stands, or art festivals or
any similar activities.
Funeral Homes. A premises, structure or site uses as a commercial establishment for the preparation of
deceased humans for burial and/or for the conduction of funeral services prior to burial or other
disposition of deceased human remains.
Gasoline Sales. Any structure, building or land used for retail sales and dispensing of motor vehicle
fuels or oils, whether self-service or not. A service station may furnish supplies, equipment and minor
repair services, including tires to vehicles incidental to selling and dispensing of motor vehicle fuels and
oils.
Hotels/Motels. A building with dwelling units for accommodation of transient guests or tenants.
Kennels. Facilities for the boarding of domestic dogs and cats and veterinary medical operations.
Manufacturing Facilities. To fabricate, assemble or concoct, from raw materials, goods that are
intended for sale and distribution.
Marinas. A commercial establishment providing for the docking, storage, and servicing of watercraft,
including dispensing of motor fuel.
Medical Services. The provision of therapeutic, preventive, curative or other corrective personal
treatment services by physicians, dentists and other licensed medical practitioners, as well as the
provision of medical testing and analysis services. These services are provided to patients who are
admitted for examination and treatment by a physician and with no overnight lodging.
Mini -storage. A building or group of buildings in a controlled access compound that contains equal or
varying size of individual compartmentalized, and controlled access stalls or lockers for the dead
storage of customers' goods or wares.
Model Home. A house constructed by a builder, which represents a design or type and serves as an
example to be emulated or imitated.
Land Development Code Page XXII-31 City of Sebastian
6/ 12/2000 8:45 A&I
Chapter V: Glossary
Article XXII: Language and Definitions
Off-street Parking. An area not within a building, service area or other structure where motor vehicles
/001�,N may be stored for the purpose of temporary, daily parking. This definition shall include a motor vehicle
display lot, or display of boats, trailers and mobile homes.
Parking Garages. Governmental or private commercial buildings or structures solely for the off-street
parking of operative motor vehicles.
Pawn Shops. An establishment in which goods or property are bartered in exchange for loans or cash.
Additionally, said goods or property may be sold at retail from such establishments.
Plant Nursery. Any land used to raise trees, shrubs, flowers and other plants for sale or for
transplanting.
Restaurants, excluding Drive -through Facilities and Fast Food Services.. Any establishment (which
is not a drive -through service establishment) where the principal business is the sale of food, desserts
and beverages to the customer in a ready -to -consume state and receives more than fifty (50) percent of
its gross revenues from food sales, determined on a monthly basis. This includes service within the
building as well as "take out" or delivery service.
Restaurants, Drive -through Facilities and Fast Food Services. Any establishment where the
principal business is the sale of foods, desserts and beverages generally contained in a ready -to -consume
state and the service and/or consumption of foods, desserts, or beverages.
Time Share Facility. Any interest in a dwelling unit under which the exclusive right of use, ownership,
possession, or occupancy of the unit circulates among the various owners of time share estates in such
unity in accordance with a fixed time schedule on a periodically recurring basis for a period of time
established by such schedule.
Trades and Skilled Services. Any such operation providing services requiring skilled labor or
craftsmanship.
Vehicular Sales. The sale or rental of motor vehicles and related equipment, with incidental accessory
service activities.
Vehicular Service and Maintenance. Establishments for the dispensing of motor fuels and related
products at retail and having pumps, underground storage tanks and other facilities for such activity and
which may include the retail sale of minor automobile parts and accessories such as tires, batteries,
spark plugs, fan belts, shock absorbers, mirrors, floor mats, cleaning and polishing materials and similar
items, and which may include the inspection, servicing or minor repair of motor vehicles. These services
shall not include body repair and painting, frame straightening, or tire recapping or vulcanizing.
Veterinary Medical Services. The provision of animal medical care and treatment by a Florida
licensed veterinarian.
Wholesale Trades and Services. The display, limited storage and sale of goods to other firms for
resale.
Land Development Code Page XXII-32 City of Sebastian
6/ 1 2/2000 8:15 AM
Chapter V: Glossary Article XXII: Language and Definitions
D. INDUSTRIAL ACTIVITIES. The following compatible land uses shall be considered industrial
activities:
1. Warehousing, storage and wholesaling within enclosed buildings.
2. Mechanical repair and service, including but not limited to, machine shops and vehicular repair,
service and maintenance.
3. Light manufacturing including skilled trades and services, light processing of woods synthetics
and metal fabrication, assembly and distribution functions, electronics, research and
development, and similar uses.
4. Building materials supply and storage, and contractor's storage.
5. Accessory uses to those described above.
6. Outside Storage.
band Development Code Page XXII-33 City of Sebastian
6/ 12/` 000 3:-15 k-N[