§ 30-32. Specific definitions.

Words as used in this chapter shall have the meanings described below, unless otherwise defined in another article, division, section or paragraph of this chapter:

A-frame sign means a temporary, portable, freestanding sign placed on the ground and constructed in such a manner as to form an A and stand upright without other support, with no moving parts or flashing lights, displayed outside a business during business hours for the purpose of advertising a business.

Abandoned sign means a sign that conforms to all other provisions of article VI, division 10 (signs) of this chapter for a business or other use advertised on that sign that is no longer doing business at the location to which the sign pertains.

Access means ingress or egress to property from a street, path or easement.

Accessible means a site, building, facility, or portion thereof that complies with the guidelines of the Florida Accessibility Code.

Accessible route means a continuous unobstructed path connecting access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts.

Accessory use and accessory structure mean a use or structure that:

(1)

Is subordinate to and serves a principal use or structure;

(2)

Is subordinate in area, extent and purpose to the principal use or structure served;

(3)

Contributes to the comfort, convenience or necessity of occupants of the principal use or structure served; and

(4)

Is located on the same lot or on contiguous lots under the same ownership as the principal use or structure, except as otherwise provided for in section 30-766(c) and (d). Accessory uses include the utilization of yards for home gardens, provided that the produce of the garden is for noncommercial purpose; however, in no event shall an accessory use or structure be construed to authorize a use or structure not otherwise permitted in the district in which it is located, and in no event shall an accessory use or structure be established prior to the principal use to which it is accessory. Home occupations are separately regulated in article VI, division 3 of this chapter, and shall not be considered accessory uses or structures. Accessory uses and structures may not, in the aggregate, exceed 99 percent of the square footage of the combined principal uses and structures to which they relate.

Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by independent perimeter loadbearing walls is considered new construction.

Adjacent land means a parcel of land sharing a boundary with another parcel of land. For purposes of the plan, an intervening road, right-of-way, easement or canal shall not destroy the adjacency of the two parcels. For the purposes of article V, division 4 of this chapter, intervening canals and U.S. 1 shall destroy the adjacency of the two parcels.

Adverse impacts, stormwater management, means modifications, alterations, or effects on groundwater or surface water or wetlands, including quality, quantity, hydrodynamics, i.e., currents, flow patterns, surface area, species composition, living resources, or usefulness which are or may be potentially harmful to human health and safety, to biological productivity or stability, or which interfere with lawful enjoyment of life or property, including secondary, cumulative, and direct impacts.

Advertising vehicle means any vehicle, trailer, floating device, barge, raft, personal watercraft, or boat on a public right-of-way, public beach, or public property, or on private property so as to be clearly visible from a public right-of-way, which has attached thereto or located thereon any sign for the primary purpose of providing advertisement of products, conveying messages or directing people to a business or activity located on the same or any other premises. This definition does not include a permanently attached, professionally wrapped or magnetic sign on a functional, licensed vehicle, trailer or boat having the primary purpose to identify the vehicle with the business it serves, which does not exceed a total signage of 48 square feet.

Affordable housing shall be defined as follows:

For all residential dwelling units having deed restrictions recorded before January 1, 2007, where monthly rent not including utilities, or monthly mortgage payment (including taxes and insurance, but not including utilities), does not exceed 30 percent of that amount which represents 120 percent of the monthly median household income for Monroe County, to be enforced by recording of a deed restriction which shall run with and bind the dwelling unit and all subsequent owners of the dwelling unit for a term of 20 years from the date of recording.

For all residential dwelling units having deed restrictions recorded on or after January 1, 2007, the deed restriction shall run with and bind the dwelling unit and all subsequent owners of the dwelling unit for a term of 30 years from the date of recording, after which time the restriction shall be extended automatically for successive periods of ten years each. All deed restrictions shall be submitted in a form approved by the village attorney. The sales price shall not exceed three and three-quarters times the annual median household income for Monroe County for a one bedroom or efficiency unit, four and one-quarter times the annual median household income for Monroe County for a two bedroom unit and four and three-quarters times the annual median household income for Monroe County for a three or more bedroom unit. Additionally, all rental units shall have monthly rent, not including utilities, not exceeding 30 percent of that amount which represents 100 percent of the monthly median household income for Monroe County.

The dwelling unit must also meet all applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of the village.

For the purposes of this section, "annual adjusted gross income" means all wages, assets, regular cash or non-cash contributions or gifts from persons outside the household, and such other resources and benefits as may be determined by the United States Department of Housing and Urban Development, adjusted for family size, less deductions allowable under section 62 of the Internal Revenue Code.

Affordable residential dwelling unit means a dwelling unit that meets the following criteria:

For all residential dwelling units having deed restrictions recorded before January 1, 2007, where monthly rent not including utilities, or monthly mortgage payment (including taxes and insurance, but not including utilities), does not exceed 30 percent of that amount which represents 120 percent of the monthly median household income for Monroe County, to be enforced by recording of a deed restriction which shall run with and bind the dwelling unit and all subsequent owners of the dwelling unit for a term of 20 years from the date of recording.

For all residential dwelling units having deed restrictions recorded on or after January 1, 2007, the deed restriction shall run with and bind the dwelling unit and all subsequent owners of the dwelling unit for a term of 30 years from the date of recording, after which time the restriction shall be extended automatically for successive periods of ten years each. All deed restrictions shall be submitted in a form approved by the village attorney. The sales price shall not exceed three and three-quarters times the annual median household income for Monroe County for a one bedroom or efficiency unit, four and one-quarter times the annual median household income for Monroe County for a two bedroom unit and four and three-quarters times the annual median household income for Monroe County for a three or more bedroom unit. Additionally, all rental units shall have monthly rent, not including utilities, not exceeding 30 percent of that amount which represents 100 percent of the monthly median household income for Monroe County.

Affordable housing shall meet all applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of the village; and does not exceed 1,500 square feet of enclosed living area, however in addition to the 1,500 square feet, an enclosed patio of no greater than ten feet in width along one side of the dwelling and a walkway of no greater than three feet around the entire dwelling; and do not receive negative points according to criteria specified under habitat protection, threatened or endangered animal species, or critical habitat areas in section 30-476(a)(5) or (6) or (7) unless said parcel is located within the RMH, R2, R3, R4, MF, or MH zoning districts. Additionally, parcels located within the R1, R1M, or SR zoning districts may receive negative points according to criteria specified under habitat protection (including Groups 1 and 2 and excluding Groups 3 or 4), threatened or endangered animal species, or critical habitat areas in section 30-476(a)(5) or (6) or (7). Only those SR parcels having the comprehensive plan Future Land Use Map designation of Residential Medium shall qualify.

Aircraft means any motor vehicle or contrivance now known, or hereafter invented, which is used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment.

Airport uses means fixed- and rotary-wing aircraft operations related to general aviation, including storage. Use of a site by any ultra-light aircraft which meets the criteria for maximum weight, fuel capacity and airspeed established for such aircraft by the U.S. Federal Aviation Administration shall be considered an airport use if the site is within five nautical miles of either a public or military airport or 3,000 feet from the boundaries of a private airport.

Airstrip means any area of land or water, or any manmade object or facility located thereon, which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. Services may be provided if authorized by the state department of transportation.

Allocated density. (See Density, allocated .)

Allocation application means the allocation application submitted by applicants seeking allocation of residential or nonresidential building permits.

Allocation award or award means the approval of an application for the issuance of a building permit to authorize construction of new residential dwelling unit(s) or nonresidential floor area.

Allocation award deferral means the granting of a deferral for one BPAS quarter for any residential or nonresidential allocation award.

Allocation period means and refers to a defined period of time within which applications for residential and nonresidential building permit allocations will be accepted and processed.

Ancillary structures means foundations, concrete slabs on grade, guy wire anchors, generators, and transmission cable supports.

Animated sign means any sign of which all or part thereof revolves, changes or moves in any fashion, or contains mirrors, or blinking, flashing or moving lights.

Annual allocation period means and refers to the 12-month period from January 1 to December 31 of each year.

Annual nonresidential building allocation means the maximum floor area for which building permits may be issued during an annual allocation period.

Annual residential dwelling unit allocation means and refers to the maximum number of dwelling units for which building permits may be issued during an annual allocation period.

Antenna means a transmitting or receiving device used in telecommunications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequency, wireless communications signals and other communications signals, including directional antennas such as panel antennas, parabolic antennas such as microwave dish antennae and omni directional antennas such as whip antennas; but excluding radar antennas, amateur radio antennas and satellite earth stations.

Antenna array means a single antenna or group of antennas and their associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support.

Applicant means the owner of record, the owner's agent, or any person with a legal or equitable interest in the property for which an application for a development order has been made and which is subject to quasijudicial proceedings.

Application means an application for any one of the following permits:

(1)

Variances;

(2)

Conditional use permits;

(3)

Site plan approvals;

(4)

Plat approvals;

(5)

Site-specific rezonings;

(6)

Vested rights determinations;

(7)

Beneficial use proceedings; and

(8)

Any other site-specific development approval determined to be quasijudicial by the village attorney.

Application for development approval means any written request for approval and/or issuance of a development permit.

Archaeological evaluation report means a letter prepared by the qualified archaeologist evaluating the potential significance of an archaeological site after issuance of a suspension order by the department.

Archaeological site means a property or location which has yielded or might yield information on the village's, county's, state's or nation's history or prehistory. Archaeological sites are evidenced by the presence of artifacts and features on or below the ground surface indicating the past use of a location at least 75 years ago by people or the presence of non-human vertebrate fossils. Archaeological sites include aboriginal mounds, forts, earthworks, village locations, camp sites, middens, burial mounds, missions, or historic or prehistoric ruins which are or may be the source of artifacts or other items of significant archaeological value.

Archaeologist, qualified, means an archaeologist who is a member of, or is qualified for membership in, the Archaeological Council or the Society of Professional Archaeologists.

Area of special flood hazard means the land subject to a one percent or greater chance of flooding in any given year.

Art means objects displayed for aesthetic value, which in no way creates a sign.

Articulation means horizontal and vertical architectural projections and recesses, such as arcades, awnings, balconies, canopies, porches, decks, bay windows, recessed entries and retail display windows on the facade of a building and varying roof forms such as cornices, dormers, eaves, gables, multi-planed roofs, offsets, parapets, pitched roofs and roof overhangs, which are intended to break up buildings into smaller identifiable pieces.

Artificial light and artificial lighting mean light emanating from any human-made device.

Attached wireless communications facility means an antenna or antenna array that is attached to an existing building, including ancillary structures and an equipment enclosure, which may be located inside or outside of the building, which are screened to match the facade of the building. An attached wireless communications facility does not include the use of a tower.

Attention-getting devices means any of the following if easily seen from any public right-of-way or waterway: blinking or flashing lights, streamer lights, pennants, banners, bunting, balloons, flutter flags, feather flags, teardrop flags, inflatables, inflatable air dancers, streamers, animated signs, human signs, light graphics, devices which emit smoke, vapor, particles, odor or sounds, the outdoor display of merchandise whereby the merchandise for sale or rent is displayed in such a manner to purposely draw attention, and all fluttering, spinning or other type of attention-attracting or advertising devices.

Awning means a structure projecting from and supported by an exterior wall of a building, in a fixed position with a cover made from non-rigid material.

Banner means any sign that cannot be considered to be a flag, having characters, letters or illustrations applied to any flexible material such as, but not limited to, cloth, paper, plastic or fabric of any kind, with only such material for backing, or any pennant over two square feet or any pennant with copy. See Pennant.

Bath, full, means at a minimum a sink, toilet and a bath and/or shower.

Bath, half, means at a maximum a toilet and a sink.

Beach means the zone of unconsolidated material that extends landward from the mean low-water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves.

Beach berm means a bare shoreline or sandy shoreline with a mound or ridge of unconsolidated sand that is immediately landward of, and usually parallel to, the shoreline and beach. The sand is calcareous material that is the remains of marine organisms such as corals, algae and molluscs. The berm may include forested, coastal ridges, coastal barrens and may be colonized by hammock vegetation.

Benefit area means the geographic area within which impact fees are collected and expended for a particular type of capital improvement serving development projects within such area.

Best management practices (BMPs), stormwater management, means those methods of stormwater management recognized by experts in the field as the most effective for treating or managing stormwater runoff. Refer to Florida Development Manual: A Guide to Sound Land and Water Management, chapter 6, Stormwater and Erosion and Sediment Control Best Management Practices for Developing Areas.

Billboard means outdoor advertising signs erected and/or maintained upon which advertising or informational messages may be displayed and which generally advertise firms or organizations that, along with their goods, products or services, are not located on the same premises as the sign.

Bleed-down device (orifice) means a discharge conveyance structure associated with detention facilities that allows stormwater attenuation volumes to be recovered.

Boat barn means a structure enclosing and/or covering boat storage racks with a roof and one or more sides used for the storage of vessels and associated equipment and not associated with retail sales of boats. Boat barns within marinas may be considered as the principal building or structure, but the marina remains the principal use. Boat barns may contain one office with a maximum size of 150 square feet, as well as bathrooms and other uses needed to comply with the Florida Accessibility and Building Codes. Boat barns legally existing prior to January 1, 2008, shall be considered nonresidential floor area, while those limited to 14,000 square feet and approved after January 1, 2008, shall not be considered nonresidential floor area.

Boat repair facility means a facility for the purposes of providing boat repairs, which may include an accessory storage area for storing boats awaiting repair.

Boat slip means an area of the seawall or shoreline where soil or other material is excavated or dredged at a level below the mean low water line (MLW) of an adjacent body of water, to allow the mooring or landing of a single vessel or watercraft within the excavated area.

Boatyard means a facility for the purpose of storing watercraft and related accessories.

Breakaway vegetation means trees, shrubs, or other vegetation with mature trunk diameters less than or equal to four inches measured six inches above the ground.

Brewpub means a retail establishment that manufactures malted beverages primarily for on-site consumption, in quantities less than 5,000 barrels (155,000 US gallons/1 barrel = 31 US gallons) a year, with no distribution component, and a tasting room, service area, and/or retail space for patrons on-site. A maximum of 75 percent of the total nonresidential floor area can be dedicated to the brewery function including, but not limited to, the brewhouse, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks; with the exception of non-functioning retail displays. Brewpubs may include a restaurant as defined in this section.

Buildable lot means a duly recorded lot that complies with each and every requirement of this Code.

Building means a fully enclosed structure entirely separated from any other structure by space or by walls in which there are no communicating doors, windows or similar openings and that can be used for nonresidential or residential purposes.

Building Code means the Florida Building Code as defined in F.S. § 553.70 et seq., the Florida Building Codes Act.

Building permit means a development permit outlined in article IV, division 2 of this chapter.

Bulkhead means a vertical retaining wall or seawall designed to prevent the erosion of land by water action.

Bunting means any kind of pennant, streamer or similar fabric decoration.

Business affiliation and law enforcement signs means signs displayed upon the premises denoting professional and trade associations with which the occupant is affiliated, and including but not limited to forms of payment accepted by the occupant, and other signs pertaining to public safety and law enforcement.

Business frontage means the horizontal linear distance on the ground from one end of the principal building to the other, parallel to the designated front lot line of the property, as determined by the director of planning and development services.

Business information sign means a sign providing information to customers such as business hours, telephone number, "open" or "closed", "shirts and shoes required", "no soliciting", "help wanted" and "no loitering."

Canal means an artificial waterway constructed for use by marine vessels, for navigation or recreational use.

Canopy means a solid, roof-like projection (a roof overhang) that is integral to the building structure and that shelters the ground in front of the building to which it is attached.

Canopy sign means a sign placed underneath, extending downward from a canopy along the front of a building, to clearly serve the purpose of providing business identification for pedestrians.

Canopy tree means a tall tree that usually has one vertical stem or main trunk that naturally develops a more or less distinct and elevated crown and provides at maturity a minimum shade crown of 30 feet in diameter.

Capital improvement means land or facilities for the collection and disposal of stormwater; for flood control purposes; for purposes of transportation and transit, including, without limitation, streets, street lighting and traffic control devices and supporting improvements, roads, overpasses, bridges, and related facilities; for parks and recreational improvements; for public safety, including police facilities; for public art; for public buildings of all kinds; and for any other public works capital project identified in the village's capital improvements plan. Capital improvement also includes design, engineering, inspection, testing, planning, legal land acquisition, and all other costs associated with construction of a public facility.

Capital improvements plan means the five-year plan for capital improvements adopted annually by the village council, describing the approximate location, size, time of availability and estimated cost of capital improvement projects and identifying sources of funding for capital improvement projects.

Capital improvements project list means the list describing the approximate location, size, time of availability and estimated cost of each capital improvement to be funded from a particular impact fee account.

Caretaker's cottage means a deed restricted affordable dwelling unit, accessory to a principal use, limited to 1,500 square feet of enclosed living area, however in addition to the 1,500 square feet, an enclosed patio of no greater than ten feet in width along one side of the dwelling and a walkway of no greater than three feet around the entire dwelling. Accessory uses limited to a shed or carport are permitted, but not a guesthouse. The subject parcel of land must meet the density requirement for the principal use.

Certificate of appropriateness means an authorization for work to be done to a designated historic property. A certificate of appropriateness is not a building permit. A village building permit shall be issued prior to the commencement of work on a historic structure. There are two types of certificates:

(1)

Regular certificate of appropriateness issued by the director of the department of planning and development services for ordinary repairs or maintenance to a designated historic property; and

(2)

Special certificate of appropriateness issued directly by the historic preservation commission for the renovation, rehabilitation, restoration, or demolition of a designated historic property, or for permission to dig in the case of an archaeological landmark.

Certificate to dig means a certificate that is necessary prior to:

(1)

Issuance of a development order for parcels identified on the map of known archaeological sites; or

(2)

Removal of a suspension order on a site where artifacts or fossilized human remains or non-human vertebrate fossils are found during the development process.

Chamber of commerce means an association of business persons who promote and develop commercial and industrial interests in the village.

Change of use means a change from one use or subset of uses to another as provided under article V, division 2 of this chapter (permitted uses, minor conditional uses or major conditional uses). A change of use also shall include a change requiring additional parking.

Changeable copy sign, manual means a sign that is designed so that characters, letters or illustrations can be changed or rearranged manually without altering the face or the surface of the sign. A manual changeable copy sign is not an animated sign or an electronic message center sign.

Chapter 509 means F.S. ch. 509, as amended from time to time, or any successor statute thereto.

Clear sight triangle means a triangular-shaped area above that portion of land established at street intersections or street and driveway intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Also referred to as visibility triangle.

Clear trunk means the point above the root ball along the vertical trunk or trunks of a tree at which lateral branching or fronds begin.

Clearing and grubbing means the clearing of land, including clearing or removal of vegetation, and including any significant disturbances of vegetation or substrate (soil) manipulation. Clearing or grubbing are development activities as defined by this chapter.

Coastal high-hazard area means the area subject to storm surge as well as high-velocity waters caused by, but not limited to, hurricane wave wash or tsunamis. The area is designated on the flood insurance rate map (FIRM) as zone VE.

Code means the Code of Ordinances of Islamorada, Village of Islands.

Collocation (of wireless facilities) means a situation in which two or more different wireless communication service providers place antennas, ancillary structures and equipment enclosures on one common wireless communication facility.

Commemorative plaque means a sign identifying a property or location of recognized historical nature, including signs indicating designated historic landmarks.

Commencement of construction means the first placement of permanent evidence of a structure on a site pursuant to a duly issued building permit, such as the pouring of slabs or footings or any work beyond the state of excavation, including the relocation of the structure. Permanent construction does not include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units and not a part of the main structure.

Commercial fishing means the catching, landing, processing or packaging of seafood for commercial purposes, including the mooring and docking of boats and/or the storage of traps and other fishing equipment and charter boat and sport diving uses. Dockage associated with commercial fishing shall be distinguished from a marina by the nature of the docking and/or mooring facilities, which are traditionally provided for commercial fishing vessels as a function of the commercial fishing operation.

Commercially exploited (plants) means native plants so designated by the state department of agriculture as listed in the Preservation of Native Flora of Florida Act, F.S. §§ 581.185—581.187, as amended from time to time.

Commitment means earmarking impact fees to fund or partially fund capital improvements serving new development projects.

Community character means the image of a community or area as defined by such factors as its built environment, natural features and open space elements, type of housing, architectural style, infrastructure, and the type and quality of public facilities and services.

Competent substantial evidence means testimony or other evidence based on personal observation, or fact or opinion evidence offered by an expert on a matter that requires specialized knowledge, that is relevant to the issue to be decided. Competent substantial evidence is evidence a reasonable mind could accept as adequate to support a conclusion.

Comprehensive plan means the village comprehensive plan which has been adopted pursuant to F.S. ch. 163, pt. II (F.S. § 163.3161 et seq.).

Construction impact zone means the area to be deducted from the buildable area of a parcel in order to allow for clear working area during construction activities and which shall include a perimeter of at least five feet around the proposed structure as measured from the dripline or the outermost point of the structure.

Construction sign means a sign erected at a building site that identifies the name of the project, nature of the development, owner, architect, engineer, general contractor, financial institution, or other persons and firms performing services, labor or supply of materials to the premises.

Contiguous means a sharing of a common border at more than a single point of intersection. Contiguity is not interrupted by utility easements.

Continuous access means a natural passage or an existing manmade channel no shallower than four feet in depth at MLW and no narrower than 20 feet in width.

Control elevation means the lowest point above sea level at which water can be released through the control structure.

Control structure means the element of a discharge structure which allows the gradual release of water under controlled conditions.

Copy means the wording or graphics depicting commodities, products, services or messages in permanent or removable form.

County means Monroe County in the State of Florida.

Credit (stormwater) means compensation for providing pervious or infiltration capacity which is incorporated into alternative stormwater treatment technology.

Cut and fill means the removal of surface and subsurface materials by any means from one area and deposition of said materials in another area; also, the removal of surface and subsurface materials from one area and deposition of new materials in that area.

Cut-off fixtures and cut-off lighting mean fixtures that project light downward from the horizontal plane. Also see definition Fully shielded fixture.

Demolition means the complete dismantling and removal of a building, structure, or object on a site.

Demolition by neglect means abandonment of a building or structure by the owner resulting in such a state of deterioration that its self-destruction is inevitable, or where demolition of the building or structure to remove a safety hazard is a likely result.

Density or density, allocated, means the number of dwelling units or rooms allowed per specified unit of land in the comprehensive plan.

Density, maximum net, means the maximum density permitted to be developed per unit of land on the net buildable area of a site, as measured in dwelling units or rooms per acre.

Department means the planning and development services department.

Designated historic property means a building, site, structure, or object that is designated as an archaeological, historic, or cultural landmark under this chapter.

Detention means the delay of stormwater runoff prior to discharge into receiving waters.

Detention facility means a stormwater management structure or structures which provides for the delay of movement or flow of a specified volume of stormwater for a specified period of time.

Developer means any person, including a governmental agency, undertaking any development as defined in the plan.

Development means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land or water, or the subdividing of land into two or more parcels.

(1)

Except as provided in subsection (3) of this definition, for the purposes of this chapter, the following activities or uses shall be taken to involve "development":

a.

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

b.

A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.

c.

Alteration of a shore or bank of a seacoast, lake, pond or canal, including any work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes.

d.

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

e.

Demolition of a structure.

f.

Clearing of land, including clearing or removal of vegetation, and including significant disturbance of vegetation or substrate (soil) manipulation, including the trimming of mangroves to the extent allowed by law.

g.

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

(2)

Development includes all other activity customarily associated with it. When appropriate to the context, "development" refers to the act of developing or the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this definition.

(3)

For the purpose of this chapter, the following operations or uses shall not be taken to involve "development":

a.

Work involving the maintenance, renewal, improvement or alteration of any structure, if the work affects only the color or decoration of the exterior of the structure or interior alterations that do not change the use for which the structure was constructed.

b.

Work involving the maintenance of existing landscaped areas and existing rights-of-way such as yards and other non-natural planting areas.

c.

A change in use of land or structure from a use within a specified category of use to another use in the same category unless the change involves a change from a permitted use to one permitted as a minor or major conditional use or from a minor to a major conditional use.

d.

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

e.

The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land unless otherwise specifically required by law.

f.

The clearing of survey cuts or other paths of less than four feet in width and the mowing of vacant lots in improved subdivisions and areas that have been continuously maintained in a mowed state prior to the effective date of the plan, the trimming of trees and shrubs and gardening in areas of developed parcels that are not required open space and the maintenance of public rights-of-way and private accessways existing on the effective date of this chapter or approved private rights-of-way.

(4)

Development also means vacation rental use of a dwelling unit, or a change to such a use (i.e., conversion of an existing dwelling units to vacation rental use).

Development approval, development order and development permit include any building permit, conditional use approval, subdivision approval, change of land use district boundary, comprehensive plan text amendment, certificate of compliance, or any other official action by any official, commission, or board of the village having the effect of permitting development.

Development area (wireless communication facility) means the area occupied by a wireless communications facility or an attached wireless communications facility, including the tower area, ancillary structures, equipment enclosures, accessways, and landscaping.

Development right means the right to use real property for uses or purposes permitted by the comprehensive plan and zoning district.

Diameter at breast height (dbh) means, for the purposes of this chapter, a tree diameter as measured from the base of the tree, taken at approximately four feet above the surrounding grade.

Direct discharge means the release of stormwater through a control structure to a receiving water body.

Directional sign means a sign located entirely on the property to which the sign pertains and which is intended to provide direction to pedestrians or vehicular traffic and/or to control parking on private property. Examples include but are not limited to "entrance", "exit", "one-way", "pedestrian walk", "handicapped parking".

Directly illuminated means illuminated as a result of glowing elements, lamps, globes, or reflectors of an artificial light source that is visible to an observer standing anywhere on the beach.

Director means the planning and development services director of the village or his designee.

Directory sign means a sign index consisting of the names of tenants of a multi-business center.

Discharge structure means a device through, or over, which water is released from a stormwater management structure.

Disorientation means the inability of hatchling or adult sea turtles to orient property to the ocean.

Disturbed land means land or an area of land that manifests signs of environmental disturbance which has had an observable effect on the structure and function of the natural community which existed on the site prior to the disturbance.

Dock and docking facility mean a fixed or floating structure built and used for the landing, berthing, and/or mooring of vessels or watercraft either temporarily or indefinitely. Docking facilities include but are not limited to wharves, piers, quays, slips, basins, posts, cleats, davits, piles or any other structure or attachment thereto. For the purposes of this chapter, docks shall not include "water access walkways" or "water observation platforms" as defined below in this section.

Dormitory means a space in a residential unit that is used for group sleeping purposes for no less than two unrelated persons in one room and has no more than one common kitchen, one bath and one common room for social purposes and three other rooms, such as institutional and employee housing.

Drain means a channel, pipe, or other structure for the purpose of conveying water.

Drainage means removal of water from an area for the purpose of lowering the water level of that area.

Drawdown means a change in surface water elevation within a stormwater management facility in response to its discharge. For retention facilities, drawdown represents the amount of surface water elevation change in response to infiltration. For detention facilities, drawdown represents the amount of surface water elevation change in response to discharge from a bleed-down device (orifice).

Dredging means excavation below water level or in wetlands.

Drive-in or drive-through component means any use accommodating the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.

Driveway means a private roadway providing access for vehicles to a parking space, dwelling unit, or structure on a property.

Dwelling, apartment, means a multifamily building in which units share common entries or accesses to individual units.

Dwelling, attached, means a residential dwelling unit consisting of one or more residential units that are developed without open yards on all sides of the dwelling unit.

Dwelling, detached, means an individual residential dwelling that is developed with open yards on all sides of the dwelling unit but not including mobile homes or recreational vehicles.

Dwelling, duplex, means two-family dwellings with the units either side-by-side or in any over-under configuration. In the side-by-side configuration, the units share a common wall, while in the over-under configuration, they are stacked.

Dwelling, fourplex, means four-family dwellings with the units either side-by-side or in any over-under configuration. In the side-by-side configuration, the units share a common wall, while in the over-under configuration, they are stacked.

Dwelling, triplex, means three-family dwellings with the units either side-by-side or in any over-under configuration. In the side-by-side configuration, the units share a common wall, while in the over-under configuration, they are stacked.

Dwelling unit means one or more rooms in a building used for occupancy by one family for living and sleeping quarters and containing one kitchen only, including a mobile home.

Eating place means any business primarily engaged in the on-site preparation and sale of food and beverages for consumption either on- or off-premises, except that grocery stores and vending machines are not classified as eating places.

Educational institution means any premises or site upon which there is a public or private institution of learning, which conducts regular classes, courses of study, or both, required for accreditation by or membership in the state department of education, the Southern Association of Colleges and Schools, or the Florida Commission of Independent Schools. The term "educational institution" includes a premises or site upon which there is a day care center, nursery school, pre-kindergarten, elementary school, middle school, or high school; professional institution, or an institution of higher education, including a community college, junior college, or four-year college or university; libraries, art galleries and museums open to the public; or special institution of learning.

Election sign means a sign that indicates the name, cause or affiliation of anyone seeking public office, or that indicates any political issue.

Electronic message center sign means any type of electronic display board, LED, programmable ink or other electronic sign capable of displaying words, pictures, symbols, video or images including, but not limited to, any electronic, laser, digital, or projected images display that can be changed electronically or mechanically by remote or automatic means. Neither non-animated neon signs nor signs that are illuminated by light sources only for the purpose of internal or external illumination shall be considered electronic signs.

Enclosure. An enclosure is that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls and used solely for limited storage, parking or entryways. Enclosures below base flood elevation shall not be constructed, equipped, or used for habitation.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow of a floodplain.

Equipment enclosure means any structure placed above the base flood elevation, including cabinets, shelters (prefabricated or otherwise), pedestals and other similar structures used exclusively to contain equipment necessary for the transmission or reception of wireless communications signals.

Erect (sign) means to build, construct, attach, hang, place, suspend, affix or paint a sign.

Erosion means the washing away or scouring of soil by water or wind action.

Evaporation means the process by which any substance is converted from a liquid state into, and carried off in, vapor; i.e., evaporation of water.

Existing conditions maps or habitat and protected animal species maps mean the official map of existing conditions as adopted pursuant to section 30-1612 maintained by the planning and development services department depicting the location of habitats within the village including the location of wetlands and tropical hardwood hammock.

Existing construction (floodplain) means any structure for which the start of construction commenced before January 1, 1975.

Existing manufactured home park or subdivision (floodplain) means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before January 1, 1975.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FAA means the Federal Aviation Administration.

Facade means the face of a building or structure most nearly parallel with the right-of-way line under consideration. The term "facade" includes the area of the building between the principal front building corners from the ground to the roofline. The face of the building includes, but is not limited to, such other surfaces such as awnings and parapets.

Face of sign means a plane of a sign on which copy could be placed.

Family means an individual or two or more persons related to each other by blood, marriage, or adoption; or no more than six unrelated individuals living together as a single housekeeping unit. This definition does not apply to a group occupying a boardinghouse, hotel, or motel.

Fast food restaurant means an eating place primarily engaged in the sale of pre-prepared or quickly prepared food and beverages usually in disposable containers and wrappers, selected by patrons from a limited line of specialized items such as hamburgers, chicken, pizza, tacos, hot dogs, ice cream or yogurt, for example, for consumption either on- or off-premises, in a facility in which a major portion of the sales to patrons is at a stand-up type counter.

FCC means the Federal Communications Commission.

Fence and fencing mean any freestanding wall or barrier constructed of rock, logs, posts, boards, chain link, wire, stakes, rails, aluminum, PVC, cast metal, masonry or other similar materials or combinations thereof, including gates. Materials used for landscaping shall not be considered to constitute a fence unless used with the purpose of creating a barrier between properties or dividing an individual property. Living vegetation shall not constitute a fence.

Fill means material, consolidated or unconsolidated, deposited on land or in water. Fill shall include but not be limited to pea rock, wood chips, bark, gravel, sand, earth, waste materials or other materials whatsoever placed, stored, dumped or deposited by humans that results in an increase in the natural surface elevation or decreases the capacity of a parcel to retain stormwater on-site. Material placed in existing landscaped areas or existing rights-of-way such as yards and other non-natural planting areas shall not constitute fill. Yards and non-natural planting areas include habitat defined as "disturbed" on residential and commercial properties. Yards and non-natural planting areas do not include areas that are classified as hammock, wetlands, beaches, beach berms or properties without a permitted principal use.

Filmed glass means window glass that has been covered with a film such that the material has a shading coefficient of 45 percent or less, adhesive as an integral part, and has performance claims that are supported by approved testing procedures and documentation.

Fixture means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens.

Flag means any fabric containing distinctive colors, patterns, or symbols and that does not advertise any product or service.

Flood and flooding mean a general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of tidal waters or the unusual and rapid accumulation of stormwater runoff of waters from any surface.

Flood insurance rate map (FIRM) means those maps issued by the Federal Emergency Management Agency, as may be amended from time to time.

Floodlight means a light fixture designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are typically so designated by the manufacturers.

Floodplain means any land area susceptible to flooding.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Floor means the top surface of an enclosed area in a building (including basement), i.e., the top of the slab in concrete slab construction or the top of the wood flooring in wood frame construction. The term does not include the floor of an area used exclusively for parking of vehicles (i.e., garage), limited storage, or building access (i.e., stairs, elevator shafts, maintenance crawl space).

Floor area, nonresidential means the sum of the gross floor area for nonresidential structures, and all covered, unenclosed areas used for commercial activities including outdoor seating areas, except for walkways, stairways, entryways, parking and loading areas or drive-through canopies. Outdoor storage and display areas, temporary uses, temporary structures, and space occupied by transient residential and institutional-residential principal uses are not nonresidential floor area. Additionally, boat barns legally existing prior to January 1, 2008, shall be considered nonresidential floor area, while those limited to 14,000 square feet and approved after January 1, 2008, shall not be considered nonresidential floor area. Additionally, package sewage treatment facilities that are legally existing prior to September 1, 2015 shall be considered nonresidential floor area. Package sewage treatment facilities that are permitted after September 1, 2015 shall not be considered nonresidential floor area.

Floor area ratio (FAR) means the total floor area of the building or buildings on a lot divided by the gross area of the lot or site.

Flutter flag or feather-flag means a freestanding temporary sign typically constructed of a single plastic or metal shaft driven in the ground, or supported by a base that sits on the ground, with an attached pennant that is vertically elongated and attached to the shaft. This definition also includes sail banners, tear drop banners and square banners.

Foundation landscaping means a landscaping area located along or adjacent to each street-facing front, side or rear of a building, provided, however, where a portion of the front, side or rear of a building is devoted to pedestrian ingress/egress, vehicular ingress/egress, loading or drop-off zones, foundation landscaping areas may be aggregated into one or more locations along or abutting such front, side or rear of a building.

Footcandle (fc) is a measure of light falling on a given surface. One footcandle is equal to the amount of light generated by one candle shining on a square foot surface one foot away.

Frequency means the anticipated cyclic return period of a storm event, e.g., 25-year storm.

Freshwater wetlands means wetland areas with either standing water or saturated soil, or both, where the water is fresh or brackish and the area contains plant species commonly found in freshwater wetlands occurring in the Florida Keys such as Saw Grass ( Cladium jamaicensi ), Buttonwood ( Conocarpus erectus ), Spike Rush ( Eleocharis celluosa ), White Mangrove ( Lagungularia racemosa ), Red Mangrove ( Rhizophora mangle ) and Cattail ( Typha spp ).

Frontage means the distance measured along the designated front lot line, public or private right-of-way or easement, as determined by the director of planning and development services, which affords vehicular access to the property between the points of intersection of the side lot lines with such right-of-way or easement. For the purposes of this chapter, businesses have only one frontage.

Frosted globe fixtures means industry treated fixtures that are frosted as to be translucent such that the lamp cannot be clearly perceived and emitted light is diffuse in nature.

Full cut-off fixture means a fixture with a flat, horizontally oriented lens and opaque sides that does not permit light distribution above a horizontal plane located at the bottom of the fixture.

Fully shielded fixture means an outdoor light fixture shielded or constructed in such a manner that light emitted by the fixture is not projected above the horizontal plane of the fixture. The lamp or any optical part shall be recessed within a fully opaque housing and should not be visible from the sides of the fixture or above.

Functional integrity means the completeness and natural stability of an assemblage of native plants and animals as indicated by measures of continuity, species diversity, species interdependence and biomass.

Functionally dependent facility means 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, or ship repair. The term does not include longterm storage, manufacture, sales, or service facilities.

Garage sale sign means a temporary sign erected by the owner of the property or authorized agent of such owner that indicates that tangible goods are for sale at a certain time on the property on which it is located. See yard sale sign.

Gasoline and service canopies means a roofed, open, drive-through structure, which may or may not be independent of a building, designed to provide temporary shelter for vehicles and their occupants while making use of a business's services. These structures shall not constitute floor area.

Geographic search area means the geographic area designated by a personal wireless communication service provider and certified by a radio frequency engineer that indicates an area inside or outside of the boundaries of the village in which the provider must place additional antennas in order to maintain existing or provide new wireless communications to its customers.

Glare means the effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or reduction or loss of vision.

Grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Gross acre means the total acreage of a site excluding submerged lands, tidally inundated mangroves, not to exceed mean high tide, and any publicly dedicated rights-of-way.

Gross area means the total area of a site less submerged lands and any dedicated public rights-of-way.

Ground cover means plant material that normally reaches a maximum height of not more than 18 inches.

Ground-mounted sign means any sign or other street graphic which is mounted on or supported by an upright or brace in or upon the ground, such upright or brace being directly attached in or upon the ground and independent of support of any building, fence or a wall of an accessory building or structure. This definition includes freestanding and pole signs.

Guesthouse means an accessory structure located on the same parcel as a dwelling unit which does not contain kitchen facilities, is limited to 500 square feet, and one bathroom, and is used for additional sleeping quarters for non-paying guests of the occupants of the dwelling unit.

Guyed tower means a tower consisting of a single truss assembly composed of sections with bracing incorporated, supported by a series of guy wires connected to ground anchors.

Habitat and protected animal species maps and existing conditions maps mean the official map of existing conditions as adopted pursuant to section 30-1612 maintained by the planning and development services department depicting the location of habitats within the village including the location of wetlands and tropical hardwood hammock.

Hammock, tropical hardwood, means an upland, tropical hardwood forest community.

Hard bottom community means corals or those areas which contain biological assemblages consisting of such sessile invertebrates such as sea fans, sea whips, hydroids (polyps), anemones, ascidians (sea squirts), or sponges living upon and attached to naturally occurring hard or rocky formations with rough, broken, or smooth topography; or areas whose geology favors the accumulation of turtles, fishes, and other fauna.

Hazardous fence materials and attachments includes barbed wire, razor wire, concertina, broken glass, spikes, nails, electrical fencing and any other material or attachment designed to inflict pain or injury to any person or animal. Finishes or attachments of a clearly decorative nature (i.e., fleur-de-lis caps) shall not be considered to constitute a hazardous attachment.

Hazardous material means a substance or material that the secretary of transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103) or designated as hazardous in the Hazardous Materials Table contained in 49 CFR 172.101, 1910.120 or other federal or state law. These materials shall also include any substance or material determined by the village fire chief as capable of posing an unreasonable risk to health, safety, and property either due to its properties or quantity stored.

Hedge means an evenly spaced planting of shrubs to form a compact, dense, visually opaque living barrier or screen.

Height means the vertical distance between average grade and the highest part of any structure, including mechanical equipment, but excluding chimneys, spires and steeples on structures utilized for institutional and public uses only, radio or television antennas, flagpoles, solar apparatus, and utility poles. However, in no event shall any of the exclusions enumerated above be construed to permit any habitable or usable space to exceed the applicable height limitations. In the case of airport districts, the height limitations therein shall be absolute and the exclusions enumerated above shall not apply.

High intensity lamp means a lamp emitting greater than 2,000 lumens.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Historic preservation commission, referred to in this chapter as the HPC, means the board appointed by the village council to perform the functions delegated to it by this chapter. The village council may appoint itself as the HPC.

Historic sign means a sign that is a minimum of 25 years old and has received historic designation pursuant to article VII, division 7 of this chapter.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the United States Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Designated by the state as an archaeological, historical or cultural landmark; or

(4)

Designated by either the county or the village as an archeological, historical or cultural landmark.

Historic tree means a tree that has been determined by the village council to be of notable historic interest because of its age, type, size or historic association and has been so designated as part of the official records of the village.

Holiday decorations means noncommercial signs and accessories of primarily decorative nature, clearly incidental and customary and commonly associated with any national, local or religious holiday.

Home occupation means a business or occupation conducted for limited business activities and as an accessory use of a residential dwelling unit.

Homeowners' park means parks and associated facilities for the use of a homeowners' association and guests.

Hotel means a building containing individual rooms for the purpose of providing overnight lodging facilities for periods not exceeding 30 days to the general public for compensation with or without meals, and which has common facilities for reservations and cleaning services, combined utilities and on-site management and reception.

House of worship means a church, synagogue, temple, mosque or other gathering place for religious worship.

Housing, workforce, means affordable housing for persons employed within the village.

Human sign means any sign that is worn (including costumes) or held by a human, with or without written message content, for the purpose of advertising or otherwise drawing attention to an establishment, commodity, service, event or person.

Hydrograph means a graph depicting the flow rate of a discharge.

Illegal sign means any sign listed as "prohibited" pursuant this chapter, or any sign erected, altered, displayed, or substantially changed without a permit or otherwise not complying with the requirements of this chapter.

Illuminated sign means any sign which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.

Impact fee means a monetary exaction, adopted by the village pursuant to section 30-366 at a specified rate and imposed pursuant to this chapter as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the village's cost or repaying costs previously expended from other village funds for capital improvements, and as further defined by section 30-362 and section 30-363.

Impervious surface means a surface that does not allow, or minimally allows, the penetration of water into the ground; included as examples are: building roofs; normal concrete and asphalt pavements; and some fine-grained soils, such as clays.

Impose means to determine that a particular development project is subject to the collection of impact fees as a condition of development approval.

Improvement means changes in the condition of real property brought about by the expenditure of labor or money for restoration, renovation, rehabilitation, or reconstruction of designated historic properties.

Indirect discharge means release of stormwater from a system by means other than a control structure.

Indirectly illuminated means illuminated as a result of glowing elements, lamps, globes, or reflectors of an artificial light source that is not visible but creates light trespass onto the beach, night sky, or adjacent property.

Industrial use, light, means a use devoted to the warehousing, assembly, packaging, processing, storage or distribution of goods and materials from processed or previously manufactured materials or the repair, storage or rebuilding of vehicles or boats. These uses may include research and development. Light industrial is generally limited to activities carried on within the principal building, and provides adequate protection to adjacent district uses, and sufficient control of external effects such as smoke, noise, soot, dirt, vibration, odor, glare and heat, etc. Light industrial does not include activities where there is a danger of fire, explosion, radiation, or other hazards. Light industrial is generally not compatible with residential uses. Light industrial does not create nuisances or intensive visits of retail customers, or jeopardize the public health, safety, comfort, convenience, or general welfare of the community or environmental resources.

Infrastructure, utilities and facilities means private and/or public infrastructure for the provision of water supply and distribution systems, electric power production including small scale energy systems, sewage treatment systems, storm drainage systems, communications systems and all accessories thereto.

Institutional use means a nonprofit or quasipublic use that serve the recreational, religious, educational including day care and preschool facilities, cultural, or health needs of the community. These uses shall also include scientific research facilities that serve the region.

Intensity for purposes of this chapter refers to the measurement of nonresidential uses. Intensity means an objective measurement of the extent to which land may be developed or used, including the consumption or use of the land; the measurement of the use of or demand on natural resources; and the measurement of the use of or demand on facilities and services, including the floor area ratio, trip generation and level of service. For trip generation, low intensity means a nonresidential use that generates less than 50 average daily trips per 1,000 square feet of floor area, medium intensity means a nonresidential use that generates between 50 and 100 average daily trips per 1,000 square feet of floor area, and high intensity means a nonresidential use that generates greater than 100 average daily trips per 1,000 square feet of floor area.

Interested party means any person, partnership or corporation that is a permittee or an applicant for a permit to operate an establishment, or who is an employee of a permittee or an applicant for a permit, or is a person, partnership or corporation which is an officer or director of a corporation which is a permittee or an applicant for a permit.

Interior property information sign means a sign not visible from any public right-of-way or waterway which are intended to provide information to people on the property. Examples include but are not limited to "pool closed," "no walking on the grass," "pro shop," "pay ramp fee at the office," and "no fishing."

Intertidal zone and intertidal mean the area between the highest high tide and the lowest low tide of an average annual tide.

Invasive exotic species means plant species that reduce the integrity of native plant community composition and function. They are identified and categorized on annual basis by the Florida Keys Invasive Exotics Task Force (FKIETF). The species include but are not limited to: Australian Pine ( spp. Casuarina ), Brazilian Pepper ( Schinus terebinthifolius ), Latherleaf ( Colubrina asiatica ), Lead Tree ( Leucaena leucocephala ), Oyster Plant ( Rhoeo spathacea, R. discolor, Tradescantia spathacea ) and Melaleuca ( Melaleuca quinquinerva ). Sapodilla ( Manilkara zapota ) shall be excluded from this definition. The list and category of these species shall be included in the Landscape Manual maintained by the planning and development services department.

Isolated wetlands means those areas dominated by wetland plant species pursuant to F.A.C. 17-4.022, exclusive of provisions requiring continuity with surface waters as defined in F.S. § 403.031.

Junkyard means the outdoor storage of vehicles, recreational vehicles, machinery, appliances, construction equipment, boats, personal watercraft, trailers, trucks, motorcycles, bicycles, or scrap metal, which are dismantled, partially dismantled, inoperative or discarded, which are stored or disassembled for sale or unusable in their original state.

Kitchen means any food preparation area larger than a wet bar, intended or designed to be used for cooking or the preparation of food. The presence of a range, oven, or utility connections suitable for servicing a range or oven shall normally be considered as establishing a kitchen.

Known habitat of threatened/endangered animal species means one that has documented evidence of sightings, collection, trapping, or direct physical evidence of the presence of the animal(s) in a specific habitat areas indicated on the village's protected animal species map (also known as the threatened and endangered species maps) or on data maintained by federal, state, local or nongovernmental agencies, published and unpublished papers or by direct observation of animals using the site for breeding or nesting.

Lamp means the component of a fixture that produces the light.

Land means the earth, at or below the surface that lies above high tide for lands subject to tidal inundation.

Landscaping material means the following or a combination thereof such as, but not limited to: grass, ground covers (not including pavers), shrubs, vines, hedges, trees or palms, and other materials such as rocks, pebbles, sand and topsoil expressly used for aesthetic purposes.

Lap dance, also known as a straddle dance, face dance, or flash dance, means the use by an employee, whether clothed or partially or totally nude, of a part of his or her body to touch, massage, rub, stroke, caress, or fondle the genital or pubic area of a person while at the establishment, or the touching of the genital or pubic area of an employee by a person while at the establishment. It shall be a "lap dance" regardless of whether the "touch" or "touching" occurs while the employee is displaying or exposing a specified anatomical area. It shall also be a "lap dance" regardless of whether the "touch" or "touching" is direct or through a medium.

Lattice tower means a self-supporting tower consisting of vertical and horizontal supports with multiple legs and cross bracing, and metal crossed strips or bars to support antennas.

Lawfully existing use means a use that exists on the effective date of this chapter that complies with the land development regulations applicable to its origination.

Level of service (traffic) means a quantitative measure describing operational conditions within a traffic stream. The procedures contained in the Highway Capacity Manual, Special Report 209, by the Transportation Research Board of the National Research Council, 1985, as updated or created, shall be the primary basis and reference for determining the level of service of any given roadway, bicycle path, or pedestrian facility. For U.S. 1, the basis for determining level of service is the methodology developed by the U.S. 1 Level of Service Task Force.

Licensed sign contractor means a person meeting all state and county licensing requirements and registered with the village.

Light-emitting surface means the element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.

Light graphic means any light, series of lights, string of lights, light tubing, neon or group of lights, of any type or construction, which are affixed to a structure in any manner, or which are affixed to the ground or vegetation or structure or premises as to draw attention thereto, or which by themselves, said lights due to their shape, configuration, color or placement, draw attention to said premises or structure. This term shall not include lighting approved pursuant to article VI, division 10 (Signs) or article V, division 5 of this chapter (outdoor lighting).

Light pollution means general sky glow caused by the scattering of artificial light in the atmosphere.

Light trespass means light emitted by a fixture that shines beyond set boundaries, usually the property line of the parcel on which the light fixture is located.

Live-aboard vessel means any vessel used solely as a residence or any vessel represented as a place of business, a professional or other commercial enterprise, or a legal residence. A commercial fishing boat is expressly excluded from the term "live-aboard vessel."

Loading space means a defined area not in a street, aisle, or alley located on the same lot as the use served, providing for the standing, loading, and unloading of service vehicles.

Local planning agency means the agency designated to review the village comprehensive plan and this chapter.

Local road means a road designated and maintained primarily to provide access to abutting property. A local road is of limited continuity and is not for through traffic. A local road is not considered as part of the major road network system.

Long wavelength means the light with wavelengths greater than 560 nanometers that emit light in the yellow to red color spectrum.

Lot means a platted parcel of land or acreage tract occupied or intended for occupancy by an individual use including one main structure together with accessory structures, yards, open spaces, buffer areas and parking spaces.

Low income person(s) shall mean one or more naturalized persons or a family, the total annual adjusted gross income of which does not exceed 80 percent of the median annual adjusted gross household income for households within Monroe County.

Low income dwelling unit shall mean a dwelling unit to be occupied by low income persons, the monthly rent for which, not including utilities, does not exceed 30 percent of that amount which represents 80 percent of the median adjusted annual gross income for Monroe County, to be enforced by recording of a deed restriction which shall run with and bind the dwelling unit and all subsequent owners of the dwelling unit for a term of 30 years from the date of recording, after which time the restriction shall be extended automatically for successive periods of ten years each. All deed restrictions shall be submitted in a form approved by the village attorney.

Low intensity lamp means a lamp emitting 1,000 lumens or less.

Low-pressure sodium light means an electric discharge lamp containing sodium, neon, and argon and that appears amber-yellow when lighted.

Lowest adjacent grade means the lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the non-elevation design standards of this chapter.

Lumen is a quantitative unit measuring the amount of light emitted by a light source.

Maintenance means that action taken to restore or preserve the functional intent of any structure, facility or system. Maintenance may include cleaning, painting, repair, or replacement of defective parts in a manner that does not alter the basic copy, design or structure.

Major development means any existing or proposed use that reflects the characteristics of a major development project. These uses include developments that were designated as major development projects prior to 1986 or thereafter requiring major conditional use approval.

Major street means U.S. 1, S.R. 905, S.R. 4 and Old Highway for the purposes of this chapter.

Mangrove community means a wetland plant association subject to tidal influence where the vegetation is dominated by one or more of three mangrove species occurring in the Florida Keys.

Manmade water body means a water body that was created by excavation using mechanical means under human control and usually includes canals, cut basins or channels where the edges or margins have subsequently been modified by natural forces.

Manufactured or mobile home means a structure, transportable in one or more sections, which is eight body feet for more in width, greater than 400 square feet, and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained in F.A.C. ch. 15C-1.

Mariculture means the hatching, raising and production of marine animals and plants for research or commercial sale. Mariculture also includes aquaculture.

Marina means a use consisting of a residential or commercial docking facility for more than three vessels having continuous access to deep water, where slips, moorings, launching, berthing and storage are provided for watercraft. Commercial marinas include at least one of the following: watercraft towing, minor vessel repair, fuel sales, charter boat, sport diving operations. Marinas must provide pump-out facilities, showers and restrooms. Commercial marinas may also include restaurants and retail establishments.

Market rate residential dwelling unit means a residential dwelling unit not meeting the requirements of an affordable residential dwelling unit.

Market value means the building value, excluding the land (as agreed to between a willing buyer and seller) as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed value.

Mean high-water line and mean high tide (MHW) mean the point to which water extends onto the shoreline at average daily high tide as indicated by physical evidence on-site such as discoloration, vegetative indicators or wrack lines.

Mean low-water line and mean low tide (MLW) mean the point to which water extends onto a shoreline at average daily low tide as indicated by physical evidence on-site such as discoloration, or vegetative indicators.

Mean sea level means the average height of the sea for all states of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, work landward of the Mean High Water Line (MHWL) shall use the National Geodetic Vertical Datum (NGVD) 1929 and work waterward of the Mean High Water Line (MHWL) shall use the North American Vertical Datum of 1988 (NAVD 88).

Median household income means the median household income per household size as determined from time to time by the U.S. Census or the Florida Statistical Abstract.

Medium intensity lamp means a lamp emitting greater than 1,000 lumens and less than 2,000 lumens.

Memorial sign or tablet means a sign including but not limited to names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials.

Microbrewery means an establishment that manufactures and packages malt beverages primarily for off-site consumption, in quantities less than 15,000 barrels (465,000 US gallons/1 barrel = 31 US gallons) per year, and may include a tasting room and retail space for patrons on-site. A maximum of 30 percent of the nonresidential floor area may be designated as a tasting room and retail space which includes a drink serving area, seating area and designated retail area.

Military facility means a use or uses devoted to one of the armed services of the United States, including the U.S. Coast Guard facilities.

Mobile home park means a place set aside and offered by a person or public body for either direct or indirect remuneration of the owner, lessor or operator of such place for the parking or accommodation of six or more mobile homes.

Moderate income person(s) shall mean one or more natural persons or a family, the total annual adjusted gross income of which does not exceed 140 percent of the median annual adjusted gross household income for households within Monroe County.

Moderate income dwelling unit shall mean a dwelling unit to be occupied by moderate income persons, the monthly rent for which, not including utilities, does not exceed 30 percent of that amount which represents 100 percent of the median adjusted annual gross income for Monroe County, to be enforced by recording of a deed restriction which shall run with and bind the dwelling unit and all subsequent owners of the dwelling unit for a term of 30 years from the date of recording, after which time the restriction shall be extended automatically for successive periods of ten years each. All deed restrictions shall be submitted in a form approved by the village attorney.

Modular home means a structure that may include structural, electrical, plumbing, heating, ventilation, or other service systems manufactured in manufacturing facilities for installation or erection as a finished residential structure. These structures are also called DCA buildings.

Monopole tower means a self-supporting tower consisting of a single pole attached to a ground foundation designed to support itself without the use of guy wires or other stabilization devices.

Mulch means an organic material such as wood chips, pine straw or bark placed on the soil to reduce evaporation, prevent erosion, control weeds, enrich the soil and lower soil temperature placed on a site at an average depth of less than 12 inches.

Multi-business center means properties where there is more than one principal business.

Multiple uses means and refers to development consisting of both residential and nonresidential uses of one or more different types of nonresidential uses on the same site or part of the same development project.

Nameplate sign means a sign bearing only property numbers, street addresses, mailbox numbers, estate names, the occupation of the occupant or names of occupants of the premises.

National Register of Historic Places means the list of historic properties significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966 (16 USC 470), as amended.

Natural area means an area identified on an approved site plan containing natural vegetation, which will remain undisturbed when the property is fully developed.

Natural biological systems means those predominantly consisting of or using those communities of plants, animals, and bacteria which occur indigenously on land, in the soil, or in the water.

Natural water flow pattern means the rate, volume and direction of surface water or groundwater flow occurring under natural (daily and seasonal) conditions before development.

Negative light trespass means light emitted by a fixture that shines beyond set boundaries, such that it causes negative impacts beyond that boundary such as glare or the illumination of turtle nesting habitat.

Net buildable area means that portion of a parcel of land which is developable and is not required open space or required minimum bufferyard or required setbacks.

New construction (floodplain) means any structure for which the start of construction commenced after December 31, 1974. The term also includes any subsequent improvements to such structure.

New development or development project means any project undertaken for the purpose of development, including, without limitation, a project involving the issuance of a permit for construction, reconstruction, or change of use, but not a project involving the issuance of a permit to operate or to remodel, rehabilitate, or improve an existing structure, which does not change the density or intensity of use, nor the rebuilding of a structure destroyed or damaged by an act of God, nor the replacement of one mobile home with another on the same pad if no dwelling unit is added, nor the replacement of one single-family residence with another equivalent single-family residence.

New manufactured home park or subdivision (floodplain) means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed after December 31, 1974.

Newspaper box means any type of outdoor unmanned device, whether a self-service or coin-operated box, container, storage unit, newsrack or other dispenser, installed, used or maintained for the display, sale, or vending of or free distribution of newspapers, news periodicals, magazines, trade publications or journals, advertising inserts, circulars, directories, maps, digests, tabloids, broadsheets, real estate publications or any other printed materials.

Newspaper of general circulation means a newspaper of local origin published at least on a weekly basis, but does not include a newspaper intended primarily for members of a particular professional or occupational group, whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

Noncommencement means the cancellation of construction activity, making a material change in a structure, or the cancellation of any other land development activity making a material change in the use or appearance of land.

Nonconforming characteristic of a nonconforming use means a sign, off-street parking or off-street loading, or other matter pertaining to the use of land, water, structures, and premises that is lawfully existing on the effective date of the regulations in this chapter (or of any amendment which renders such characteristic nonconforming), which does not comply with all of the requirements of this chapter as they may be amended. Height shall expressly not be considered a nonconforming characteristic of a nonconforming use.

Nonconforming sign, legal means a legal and permitted sign (including a sign for which a variance has been granted) existing as of August 28, 2000, and which complied with the code in existence when the sign was erected.

Nonconforming structure means any structure (other than a sign) lawfully existing on the effective date of this chapter (or of any amendment which renders such structure nonconforming), which does not comply with restrictions on lot area, lot coverage, height, setbacks, location on the lot, or any such requirements of this chapter as amended (other than use regulations).

Nonconforming use means any use lawfully being made of any land, water or structure (other than a sign) on the effective date of the regulations in this chapter (or of any amendment which renders such use nonconforming), which does not comply with all of the requirements of such regulations as they may be amended. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.

Nonconformity means a nonconforming use, a nonconforming characteristic of a conforming use, or a nonconforming structure.

Nonresidential building permit allocation means the maximum amount of nonresidential floor area for which building permits may be issued in a given time period.

Nonresidential development project means all development other than residential development projects.

Nuisance tree means any tree that is causing damage to structures or that poses a threat to the health or safety of a property owner.

Nursery means a use in which plants are grown for sale or for the harvest of their products.

Occupant means any lessee, tenant or other person who, for consideration, occupies a residential dwelling unit pursuant to a vacation rental agreement.

Office means a use where business, professional or governmental services are made available to the public.

Off-premises sign means any sign relating in its subject matter to commodities, accommodations, services, activities, or information located or placed on premises or lots other than the premises upon which the sign is located. A highway wayfinding sign or real estate open house sign as authorized pursuant to article VI, division 10 (Signs) of this chapter shall not be considered an off-premises sign.

Off-street parking space means a defined area not in a street, aisle, or alley for the purpose of providing parking for operable passenger vehicles for residents, customers, patrons and employees.

Open space means that portion of any parcel or area of land or water that is required to be maintained such that the area within its boundaries is open and unobstructed from the ground to the sky.

Open space ratio (OSR) means the percentage of the total gross area of a parcel that is open space.

Open water means shorelines directly located on the Straits of Florida, Florida Bay, the Gulf of Mexico, and the Atlantic Ocean. Open water is not intended to mean shorelines on embankments, basins, manmade canals, channels or basins that have access to open water but are not directly located on open water.

Operational entity means an acceptable, legally bound, responsible organization that agrees to operate and maintain the stormwater management system.

Ordinary repairs or maintenance means the work done to prevent the deterioration of a building or structure, or any part of a building or structure, by keeping the building or structure as nearly as practicable to its condition before any deterioration, decay, or damage.

Outdoor display (area) means the display for sale of goods, materials, merchandise, stock in trade, vehicles or vessels in the same area outside a fully enclosed building or structure, or on a parcel of land, either:

(1)

For more than 24 hours; or

(2)

For part of a 24-hour period for three or more consecutive days.

Excluded from this definition is any parcel of land on which a plant nursery is operated as a principal use.

Outdoor lighting means any light source that is installed or mounted outside of an enclosed building, including streetlights.

Outdoor seating area means any area outside a fully enclosed building contiguous to a restaurant, café, bar or similar establishment that sells food and beverages for on-site consumption, which area is accessory to and used exclusively as a seating area with tables and chairs. This seating may be in addition to the allowable indoor seating. An outdoor seating area, as defined herein, shall not be deemed an outdoor storage or display area.

Outdoor storage (area) means the keeping for commercial purposes of goods, materials, merchandise, stock in trade, vehicles or vessels in the same area outside a fully enclosed building or structure, or on a parcel of land, either:

(1)

For more than 24 hours; or

(2)

For part of a 24-hour period for three or more consecutive days.

Outdoor storage includes the parking of all company owned and operated vehicles, with the exception of passenger vehicles. Excluded from this definition are plant nurseries operated as a principal use on a parcel of land.

Package sewage treatment facility means a facility which is subject to regulation by the Florida Department of Environmental Protection or its successor in function (the "department"). Pursuant to Rule Chapter 62-620 of the Florida Administrative Code (as may be amended from time to time), including those facilities in full compliance with all regulatory requirements and that treat sewage to advanced wastewater treatment standards or utilize effluent reuse as their primary method of effluent disposal or any wastewater treatment facility permitted for operation by the department.

Parapet means that portion of wall extending above the roofline of the building, forming a continuous and structural component of the building facade. The top edge of the parapet may be considered as the roofline provided the parapet wall extends around the entire perimeter of the building at the same elevation, or where the parapet wall extends the entire length of the business frontage and the parapet wall improves the architectural appearance of the building.

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

Park means a facility for recreational uses.

Party means the applicant, the village staff, and any person recognized by the council as a qualified intervener.

Pedestrian access aisle means an accessible pedestrian space between parking spaces that provides appropriate clearance.

Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.

Person includes, but is not limited to, an individual, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, and other similar entities.

Personal wireless communications service provider and provider mean a provider of any personal wireless service, which includes but is not limited to cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging services, radio and television broadcast services.

Plan means the Islamorada, Village of Islands Comprehensive Plan, which constitutes the required elements adopted pursuant to F.S. § 163.3177.

Plane means any surface such as a rectangle, square, triangle, circle or sphere which is capable of carrying items of information; any area enclosed by an imaginary line describing a rectangle, square, triangle or circle which includes freestanding letters, numbers or symbols.

Platted lot means a lot that is identified on a plat approved by the county or the village and duly recorded.

Pole lighting means a light fixture set on a base or pole which raises the source of light higher than 48 inches off the ground.

Portable sign means any mobile sign or sign structure that is not permanently attached to the ground or to any other structure. This definition shall include but not be limited to trailer signs, A-frame signs, sandwich signs, inflatables and vehicles whose primary purpose is advertising.

Posted property sign means a sign such as, but not limited to "no trespassing," "beware of dog," "no dumping," or other similar warnings.

Potential habitat of threatened/endangered animal species means one where there is a lack of direct evidence documenting the presence of an animal(s) and where the habitat area is not suitably close to an existing population to make colonization possible, but the habitat area is of a size and ecological character sufficient to support the animal(s), or is listed on the village's protected animal species maps (also known as the threatened and endangered species maps) or by written documentation by a state or federal agency.

Pre-condition for stormwater runoff means topography, vegetation, rate, volume, direction and pollution load of surface water or groundwater flow existing immediately prior to development or redevelopment of a parcel.

Pre-destruction improvement means the value of a structure less the age and condition as it is documented by either the county property appraiser or a state licensed property appraiser (the adjusted replacement cost) before any improvements have begun or prior to a natural disaster or event.

Premises means any property owned, leased or controlled by the person or persons actively engaged in business and so connected with the business as to form a contiguous component or integral part of such property; or owned, leased or controlled by a person or persons for living accommodations.

Prevailing roadway and traffic conditions means those conditions that influence road capacity, including two general groups: those that are established by the physical feature of the roadway, and those that are dependent on the nature of traffic on the roadway.

Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.

Primary play area. The primary play area shall be designated as the immediate court, field, pool, stage, or other area where the sporting activity or performance is being conducted.

Primary roofline means the roof of the building enclosing habitable space excluding any parapets, cupolas, awning, pylon, chimney, tower, or other minor projection. The primary roofline shall be determined by the director of planning and development services as appropriate.

Private performance means the display or exposure of a specified anatomical area by an employee at a sexually oriented business to a person other than another employee while the person is in an area within the establishment not accessible during such display to all other persons in the establishment, or while the person is in an area in which the person is totally or partially screened or partitioned during such display from the view of all persons within the establishment.

Professional service means any service which may lawfully be rendered only by certified public accountants, public accountants, architects, attorneys, podiatrists, chiropractors, dentists, pharmacists, professional engineers, land surveyors, registered professional nurses, optometrists, physicians and surgeons, physician assistants, psychologists, veterinarians, and all other professionals licensed, registered, certified, or otherwise authorized and permitted to practice independently under the laws of the state.

Prohibited landscape activity.

(1)

Prohibited landscape activity means:

a.

Improper pruning that reduces the height or spread of a tree that has not attained a height or spread of 30 feet, by altering the dominant stems within the tree crown to such a degree as to remove the natural canopy of the tree; or

b.

Improper pruning that leaves stubs, or splitting of limb ends; or

c.

Peeling, stripping or channeling of bark; or the removal of bark to the extent that, if a line is drawn at any height around the circumference of the tree, over one-third of the length of the line falls on portions of the tree where bark no longer remains; or

d.

Using climbing spikes, nails or hooks, except for purposes of total tree removal or as specifically permitted by the American National Standards Institute (ANSI A-300) as the same may be amended from time to time; or

e.

Destroying the natural habit of growth which causes irreparable damage and permanent disfigurement to a tree such that, even with regrowth, the tree will never regain the original characteristics of its tree species, or is a danger to the public or property; or

f.

Improper pruning that results in flat-cutting the top or sides of a tree, to sever the leader or leaders or to prune a tree by stubbing off mature wood, except where removal of a branch is necessary to protect public safety.

(2)

The following activities shall not constitute prohibited landscape activity:

a.

The removal of diseased or dead portions of a tree (such as palm fronds) or the removal of interfering, obstructing or weak branches; or

b.

Trimming necessary to prevent interference with or obstruction of streetlights, stop signs, or traffic signals which complies with the standards of the American National Standards Institute (ANSI A-300); or

c.

Pruning or removal that has received a development permit; or

d.

Removal of invasive exotic species pursuant to the requirements of section 30-822.

Project initiation means all acts antecedent to actual construction activities and includes permit applications and development.

Projecting signs means any sign which is affixed to any wall or structure, including a roof, and extends more than eight inches perpendicularly from the plane of the building, wall or structure, exclusive of awning signs.

Promotional sign means a temporary sign, including a banner or A-frame sign, posted by an entity conducting an event pursuant to a public assembly or temporary use permit.

Property manager means any local person or entity other than an owner who is responsible for the leasing or day-to-day maintenance and operation of a residential dwelling unit used as a vacation rental use.

Prune means the removal of dead, dying, diseased, weak or objectionable branches in a manner consistent with the American National Standards Institute (ANSI A-300) standards as incorporated herein, and as may be amended from time to time.

Public assembly means a gathering, whether indoor or outdoor, which is designed to be attended by members of the general public, with or without an admission charge. **

Public use means administrative and cultural buildings, uses, and structures, including buildings, lots and facilities owned, used, or operated by any governmental agency.

Quarterly allocation period means and refers to the three-month period beginning on January 1 of each year and to successive three-month periods.

Quarterly residential dwelling unit allocation means and refers to the maximum number of dwelling units for which building permits may be issued in a particular quarterly allocation period.

Quasijudicial proceeding means a hearing held by the council to adjudicate the private rights of an applicant by means of a hearing that comports with this chapter and due process requirements.

Radio frequency engineer means a person engaged by an applicant or the village capable of certifying the geographic location requirements of a personal communications wireless service provider for the placement of antennas based upon longitude and latitude coordinates, existing infrastructure and call demand.

Real estate sign shall mean a sign used solely for the purpose of offering for sale, lease, or rent the property upon which the sign is placed, and while a property is for sale, lease, or rent.

Receiver site means the designated lot to which development rights, density, or floor area may be transferred from a lot designated as a sender site.

Receiving body of water means a water body, watercourse, or wetland to which surface or discharge water flows.

Recessed ceiling fixture means the fixture recessed into the ceiling such that no portion of the lamp extends below the horizontal plane of the ceiling.

Reconstruction means that process of reproducing by new construction, the exact form and detail of a demolished building, structure, or object, as it appeared at a certain point in time.

Recreational rental use means a public or private area providing rental facilities for overnight or short-term occupancy, camps (day or youth) and mobile home parks providing approved recreational vehicle spaces.

Recreational vehicle (RV) means a vehicle designed as temporary living quarters for recreational, camping or travel use, which either has its own mode of power or is mounted on or drawn by another vehicle. Recreational vehicles, when traveling on the public roadways of this state, must comply with the length and width provisions of F.S. § 316.515, as that section may hereafter be amended. Recreational vehicles also include travel trailers, camping trailers, truck campers, motor homes, private motor coaches, van conversions, park trailers, and fifth wheel trailers, as defined by F.S. ch. 320. No permanent additions, such as but not limited to Florida rooms, shall be permitted.

Reference feature means the receding edge of a bluff or eroding frontal dune, or if such a feature is not present, the normal high-water line or the seaward line of permanent vegetation if a high-water line cannot be identified.

Regionally important plant species means those native plant species identified as endemic, uncommon, or rare either in the village's regionally important plant species list maintained by the department of planning and development services or as identified by the Center for Plant Conservation, the Florida Natural Areas Inventory, or the Florida Committee on Rare and Endangered Plants and Animals.

Relevant evidence means evidence that tends to prove or disprove a fact that is material to the determination of the application.

Renovation or rehabilitation of historic sites, or the portions of those sites that have historic or cultural significance, means the act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historic, architectural, cultural, and archaeological values. For historic properties, or the historic portions of such properties that are of archaeological significance or that are severely deteriorated, renovation or rehabilitation means the act or process of applying measures designed to sustain and protect the existing form and integrity of a property, or re-establishing the stability of an unsafe or deteriorated property while maintaining the essential form of the property as it presently exists.

Replacement tower means the construction and installation of a new tower built to replace an existing tower located on the same site.

Residence and residential use, as applied to any lot, plat, parcel, tract, area or building, mean used or intended for use exclusively for residential dwelling purposes. For the purposes of the building permit allocation system and transfer of development rights only, hotel and motel units are included.

Residential building permit allocation means and refers to the maximum number of dwelling units for which building permits may be issued in an annual allocation period.

Residential development project means any development undertaken to create a new dwelling unit.

Residential dwelling unit means and refers to a dwelling unit as that term is defined in this chapter and expressly includes hotel and motel rooms, recreational vehicle spaces, mobile homes, transient residential units and institutional-residential use, except hospitals.

Residential-institutional means a place of permanent or temporary residence where unrelated persons reside in a communal setting such as group houses, foster care facilities, hospitals, nursing or convalescent centers and life care/elderly housing.

Residential semi-shielded fixtures means residential fixtures designed specifically for outdoor residential uses utilizing low intensity lamps. These fixtures may be labeled as shielded but have open, cut-out, or less than opaque lenses that allow light trespass. Although not fully shielded, the majority of light is still projected downward from the top of the fixture.

Resource extraction or mining means the dredging, digging, extraction, mining and quarrying of limerock, sand, gravel or minerals for commercial purposes. These activities are not permitted uses within the village.

Restaurant means any business primarily engaged in the on-site preparation and sale of food and beverages for consumption either on- or off-premises, except that grocery stores and vending machines are not classified as restaurants.

Restaurant, general, means an eating place which prepares and sells food which is ordered from a menu, and served by a waiter or waitress, or selected in a cafeteria or from a buffet with food, and primarily consumed on the premises, and which contains permanent seating facilities and counters and tables, adequate to accommodate the customers served. Not a fast food restaurant, which is separately defined.

Restoration (historic) means the act or process of accurately recovering the form and details of a historic property and setting, as it appeared at a particular period of time, by means of the removal of later work or by the replacement of missing earlier work.

Retail display window means a window or opening in the exterior wall, a display case or a window box of any portion of a building used for business purposes, through which merchandise, services, or business are displayed or advertised.

Retail sale means a sale to a consumer or to any person for any purpose other than for resale in the form of tangible personal property or services taxable under F.S. ch. 212.

Retention means the storage of a specific volume of stormwater runoff within a defined area having no direct discharge into receiving waters; included as examples are systems which discharge through percolation, drawdown, and evaporation processes.

Riprap is a sloping retaining or stabilizing structure made to reduce the force of waves and to protect the shore from erosion, and consists of unconsolidated boulders, rocks, or clean concrete rubble with no exposed reinforcing protrusions.

Road, arterial, means a route providing service that is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance.

Road capacity means the maximum rate of flow at which vehicles can be reasonably expected to traverse a point or uniform segment of a lane or roadway during a specified time period under prevailing roadway, traffic, and control conditions, usually expressed as vehicles per hour.

Road, collector, means a route providing service that is of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed. Such a route also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs.

Road, frontage, means a public street or road auxiliary to, and located alongside, abutting and parallel to a highway for purposes of maintaining local road continuity and for control of access.

Road, local, means a route providing service that is of relatively low average traffic volume, short average trip length or minimal through-traffic movement and high land access for abutting property.

Road network system, major, means all arterial, collector and frontage roads, including new arterial, collector and frontage roads necessitated by new land development activity generating traffic.

Roadway lighting means permanent outdoor luminaries that are specifically intended to illuminate roadways for automotive vehicles.

Roofline means the highest point on any building where an exterior wall encloses usable floorspace. In the case of a flat roof, the uppermost line of the roof of a building; in the case of a pitched roof, the highest point of the roof. The term "roofline" may include the top of any parapet wall provided that any signage placed on the structure does not exceed the maximum permitted height for signage as provided by this chapter. A building may have more than one roofline depending upon the architectural design of the building. The roofline shall not include any awning, pylon, chimney, tower, or other minor projection not forming an integral part of the building structure, which extends above the primary roofline of the building. The director of the department of planning and development services shall determine the roofline.

Roof sign means any sign attached to a building where any portion projects above the roofline of the building as defined by this chapter. Where a building has more than one roofline, the roofline shall be considered to be the highest roofline located directly behind the sign, as viewed from the business frontage.

Room, hotel or motel, means a unit in a public lodging establishment as defined by F.S. § 509.013(4)(a) intended for transient lodging only for periods not exceeding 30 days. Transient occupancy shall conform to the definition contained in F.S. § 509.013(8) as to transient occupancy. For the purposes of density restriction under this chapter:

(1)

A hotel or motel room may be a single room or a suite and may include a kitchen but no more than two bathrooms, which may be either two full bathrooms or one full bathroom and one half bathroom;

(2)

All entrances to a hotel or motel room shall share the same key or means of controlling access so that the hotel or motel room as defined herein is not divisible into separately rentable rooms; and

(3)

Suites containing more than one bedroom and two bathrooms may be constructed; however, each bedroom/full bathroom combination shall be considered a hotel or motel room.

(4)

Notwithstanding (1) and (3) above, any legally established hotel room may add either one additional half bathroom or full bathroom but no additional bedrooms or other living areas and shall continue to be considered one hotel or motel room provided that in all situations where any building footprint is enlarged the parcel of land is in compliance with the open space requirements of article VII, division 4 of this chapter.

Root ball means the root system of a tree or plant bound with burlap into an earthen ball usually for transport purposes.

Runoff coefficient (C) means the standardized factor from which runoff can be calculated.

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

Saltmarsh and buttonwood mean two plant associations that are sometimes collectively or individually referred to as the transitional wetland zone. The saltmarsh community is a wetland area subject to tidal influence, and the vegetation is dominated by non-woody ground covers and grasses. Woody vegetation that may be present includes the three species of mangroves, as well as buttonwood ( Conocarpus erectus ); however, the saltmarsh community is distinguished by the dominance of non-woody plants, and the woody species have a coverage of less than 40 percent. The saltmarsh community may be associated and intermixed with areas of almost bare ground on which the vegetation may be limited to masts of periphyton. The buttonwood wetland is a wetland that is usually present in the more landward zone of the transitional wetland area, and may intermix with more upland communities. The buttonwood wetland is distinguished from the saltmarsh wetland by the dominance of buttonwood trees, usually occurring as an open stand that permits the growth of an understory of ground covers and shrubs. The buttonwood wetland is, in turn, distinguished from more upland communities by the presence of graminoids and halophytic ground covers under its open canopy, and generally by the lack of an appreciable layer of humus and leaf litter. As referenced throughout this chapter, "saltmarsh and buttonwood habitat" refers collectively and individually to saltmarsh and buttonwood habitats for the purpose of determining regulatory requirements.

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

Scarified land means an area that is cleared of native vegetation, or topographically modified such that the land is not presently in a successional sequence leading to the establishment of the vegetative communities that were cleared or disturbed.

Scenic corridor means a buffer area consisting of landscaping material pursuant to division 6 of article V of this chapter.

School means a public, private, charter or parochial school offering instruction at the elementary, junior and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the state.

Security lighting means lighting intended to reduce the risk (real or perceived) of harm to persons or property. Lighting is directional as to illuminate the area to be secured. This may include but is not limited to structure entrances, pathways, and parking areas. Security lighting shall not include decorative or landscape lighting. Security lighting is generally applied in commercial and industrial areas. Areas to be secured are illuminated so that the intruder is visible to either the occupants of the structures or observers from surrounding areas.

Sediment means solid material that subsides to the bottom of a water body.

Sender site means the designated lot from which development rights, density, or floor area may be severed to be transferred to a lot designated as a receiver site.

Setback means an open space at grade between a building or structure and the property line, access easement line or mean high-water line of the lot or parcel of land on which the building or structure is located, unoccupied and unobstructed from the ground upward, except as follows:

(1)

driveways;

(2)

walkways up to five feet in width;

(3)

roof overhangs (e.g., cornices, eaves) of up to two feet in width so long as:

a.

a minimum five-foot setback is maintained; and

b.

any setback required by article VII (environmental regulations) of this chapter is maintained;

(4)

landscaping, bufferyards, scenic corridors, street trees, stormwater retention areas and swales as required by this chapter; and

(5)

as otherwise provided in this chapter.

In measuring a setback, the horizontal distance between the property line, access easement line or mean high-water line and the furthermost projection of the building or structure shall be used. Every required setback shall be measured at right angles (90 degrees) from the property line, access easement line or mean high water line.

Setback, front yard means a required setback that is open space on a lot or parcel of land extending across the property line abutting a street, access easement or right-of-way, the depth of which is measured perpendicularly along the front property line.

(1)

On corner lots or parcels of land, the front yard shall be that yard abutting the street with the shorter property line, and the street side yard shall be that yard abutting the street with the longer property line.

(2)

On corner lots or parcels of land where the property lines abutting the streets are the same length, the front yard shall be that yard abutting the street on which adjoining lots or parcels of land on the same block have front yards, and the street side yard shall be yard abutting the second street.

(3)

On lots or parcels of land abutting two or more non-intersecting streets ("double frontage lots" or "through lots"), front yards shall be required along all abutting streets.

Setback, interior side yard means a required setback that is open space on that portion of a lot or parcel of land that is not adjacent to a street, access easement or right-of-way extending from the front property line to the rear property line or shoreline the depth of which is measured perpendicularly to the interior side property line.

(1)

On corner lots or parcels of land, the interior side yard shall be the yard opposite from the street side yard.

(2)

On lots or parcels of land with only one side yard setback, the required setback shall be an interior side yard.

Setback, rear yard means a required setback that is open space on a lot or parcel of land extending along the full length of the rear property line or shoreline, the depth of which is measured perpendicularly to the rear property line or shoreline. Generally, the rear yard shall be the yard opposite from the front yard.

Setback, side yard means a required setback that is open space on a lot or parcel of land extending along the full length of the side property line between the front property line and rear property line, the depth of which is measured perpendicularly to the side property line. In the case of double frontage or through lots, side yards shall extend between the required front yards.

Setback, street side yard means a required setback that is an open space area on that portion of a lot or parcel of land extending from the front property line to the rear property line or shoreline that is adjacent to a street, access easement or right-of-way the depth of which is measured perpendicularly to the street side property line.

(1)

On corner lots, the street side yard shall be that yard abutting the street with the longer property line, and the front yard shall be that yard abutting the street with the shorter property line.

(2)

On corner lots or parcels of land where the property lines abutting the streets are the same length, the street side yard shall be that yard abutting the second street, and the front yard shall be that yard abutting the street on which adjoining lots or parcels of land on the same block have front yards.

(3)

On lots or parcels of land abutting two or more non-intersecting streets ("double frontage lots" or "through lots"), street side yards shall be provided along all side streets.

Sexually oriented booth means a small enclosed or partitioned area inside a sexually oriented business that is:

(1)

Designed or used for the viewing of sexually oriented material by one or more persons; and

(2)

Accessible to all persons, regardless of whether a fee is charged for access.

The term "sexually oriented booth" includes but is not limited to a peep show booth, or other booth used to view sexually oriented material. The term "sexually oriented booth" does not include a foyer through which a person can enter or exit the establishment, or a restroom.

Sexually oriented business.

(1)

Sexually oriented business means a sexually oriented theater, sexually oriented motel, or sexually oriented dancing establishment; or other establishment or business where an employee, operator, or owner exposes his or her specified anatomical area for viewing by patrons, including but not limited to massage establishments, whether or not licensed pursuant to F.S. ch. 480, tanning salons, modeling studios, or lingerie studios.

(2)

Excluded from this definition are educational institutions, as defined herein, where the exposure of specified anatomical areas is associated with a curriculum or program.

Sexually oriented business operator means a person who engages or participates in an activity that is necessary to or that facilitates the operation of a sexually oriented business, including but not limited to the licensee, manager, owner, doorman, bouncer, bartender, dancer, disc jockey, sales clerk, ticket taker, movie projectionist, or supervisor. The term is not meant to include repair people, janitorial personnel or the like who are only indirectly involved in facilitating the operation of the sexually oriented business.

Sexually oriented business performer means a person who works or performs in a sexually oriented business, irrespective of whether the person is paid a salary or wage by the owner or manager of the premises. "Employee" shall include a person who pays a form of consideration to an owner or manager of an establishment for the privilege of working, performing, or exposing his or her specified anatomical areas within the establishment.

Sexually oriented business site means the site or premises on which the sexually oriented business is located, including the interior of the establishment, or portion thereof, upon which certain activities or operations are being conducted for commercial gain.

Sexually oriented dancing establishment means an establishment where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing.

Sexually oriented material means one or more of the following, regardless of whether it is new or used:

(1)

Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, videocassettes, slides, or other visual representations; recordings, other audio matter; and novelties or devices that have, as their primary or dominant theme, subject matter depicting, exhibiting, illustrating, describing, or relating to specified sexual activities or specified anatomical areas; or

(2)

Instruments, novelties, devices, or paraphernalia, which are designed for use in connection with specified sexual activities.

Sexually oriented motel means a hotel, motel, boardinghouse, roominghouse, or other place of temporary lodging that includes the word "adult" in a name it uses or otherwise advertises the presentation of sexually oriented material. The term "sexually oriented motel" is included within the definition of "sexually oriented theater."

Sexually oriented regulated business means, but is not limited to, the following:

(1)

Sexually oriented bookstore;

(2)

Sexually oriented domination/submission parlor;

(3)

Sexually oriented mini motion picture theater;

(4)

Sexually oriented motel;

(5)

Sexually oriented motion picture theater;

(6)

Encounter studio/modeling studio; and

(7)

Nude entertainment establishment.

Sexually oriented theater means an establishment that consists of an enclosed building, or a portion or part thereof, or an open-air area used for viewing of sexually oriented material. "Sexually oriented motel," "sexually oriented arcade," "sexually oriented booth," and "sexually oriented motion picture theater" are included within the definition of "sexually oriented theater." An establishment that has "sexually oriented booths" is considered to be a "sexually oriented theater."

Shade tree means a native canopy tree, usually with one vertical stem or main trunk which naturally develops a more or less distinct and elevated crown and provides at maturity a minimum shade crown of 30 feet in diameter. A list of shade trees shall be compiled by the planning and development services department.

Shield means an opaque covering with a canopy or other device fitted over a light source that blocks the light source from being observed from the beach and prevents the light from illuminating the beach.

Shoreline means the interface between land and water, extending seaward of mean high water to include fringing mangroves and adjacent shelf and may also include a transitional zone landward of mean high water (MHW).

(1)

Altered shorelines are generally located directly along dredged canals, basins and abutting channels. These shorelines have been lawfully filled, vertically bulkheaded or modified to such a degree that the original slope landward of the shoreline no longer exhibits those functions typical of natural shorelines including filtration, nutrient uptake, shoreline stabilization, storm surge abatement, and provision of habitat for wildlife and fisheries. A shoreline is not altered unless the functional characteristics of both the transitional zone and the zone seaward of mean high water have been altered.

(2)

Unaltered shorelines are generally located along natural non-dredged waterways and open water. These shorelines continue to exhibit the natural functions cited above even though fill or riprap may be present either above or below MHWL.

Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over ten feet in height at its maturity.

Sign means any object, device, display or structure, or part thereof, situated outdoors or indoors whereby it is visible from the outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, lights, projected images or the display of merchandise in such a manner to draw attention. Signs do not include pictures or models or products or services incorporated in a window display; topiary; works of art which in no way identify a product or use, or draw attention to the business; or scoreboards located on an athletic field.

Sign structure means any structure that supports, has supported, or is capable of supporting a sign, including decorative cover.

Signs that create traffic hazards means signs that obstruct views of pedestrian, bicycle or vehicular traffic; are of such an intensity or brilliance as to cause glare; are erected within the visibility triangle; or which by any color, shape, or location resemble or conflict with any traffic control device, official traffic control signs, or emergency vehicle markings; or which make use of words such as but not limited to "stop," "look," "drive-in," "danger," or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.

Site plan means information submitted by an applicant which identifies all development activities, including principal and accessory uses within the property boundaries.

Snipe sign means any sign, made of any material, when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, or light, electric or telephone poles, fences, sticks or other objects, including attachment to permanent accessory signs or sign structures, but shall not include a "posted property sign" as defined in this section.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals and pubic region; or

b.

Cleavage of the human buttocks; or

c.

That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola, including the areola; this definition shall include the entire lower portion of the female breast, but shall not include a portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed; or

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified criminal act (sexual) means any felony or soliciting for prostitution, pandering, prostitution, keeping a house of ill fame, lewd and lascivious behavior, or sale or possession of a controlled substance or narcotic.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation, arousal, or tumescence; or

(2)

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy; or

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast; or

(4)

Excretory functions as part of or in connection with the activities set forth in subsections (1) through (3) of this definition.

Specimen tree means any tree with a diameter at breast height that is 75 percent of the record tree of the same species for the state.

Spotlight means a light fixture having a narrow beam.

Spreader swale means a properly designed and legally permitted drainage structure which has an underlying bed of rock positioned parallel to the receiving water body which allows for indirect discharge of stormwater in excess of the retained or detained volume.

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

State means the State of Florida.

Stealth wireless communications facility and stealth facility mean a wireless communications facility that is camouflaged or screened in such a way that it is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed uses on a site. A stealth facility may have a secondary function such as a bell tower, spire, steeple, flagpole, lighting fixture, observation or clock tower, or other similar function.

Storm event means the occurrence of a rainfall of specified frequency and duration, e.g., 25-year/72-hour storm.

Stormwater management plan means the detailed analysis describing how the rainfall control system for the proposed development has been planned and designed and shall be constructed to meet the requirements of this chapter.

Stormwater management system means the natural and constructed features of the property which are designed to treat, collect, convey, channel, hold, inhibit, or divert the movement of surface water.

Stormwater runoff means that volume of rainfall that does not percolate into the ground, nor evaporates, nor is intercepted before reaching the stormwater management system.

Strategic intermodal system means, as defined in F.S. § 339.61, a state-wide system of high priority transportation facilities, which in the village shall mean U.S. 1.

Street means all major streets, the major road network system and all local roads.

Structure means that which is constructed or erected, permanent or portable, which requires location on the ground or attached to something having location on the ground.

Submerged land means land below the mean high-tide line and/or the mean high-water line of an upland water body.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the adjusted replacement cost of the structure, as assessed through current Marshall & Swift construction cost data publications, before the damage occurred.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the predestruction market value of the structure, as determined by the office of the county property appraiser or by an independent appraiser using the Marshall & Swift assessment method, either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. The total cost does not include nonstructural interior finishing, including, but not limited to, finish flooring and floor coverings, base molding, non-structural substrates, drywall, plaster, paneling, wall covering, tapestries, window treatments, decorative masonry, paint, interior doors, tile, cabinets, moldings and millwork, decorative metalwork, vanities, electrical receptacles, electrical switches, electrical fixtures, intercoms, communications and sound systems, security systems, HVAX grills and decorative trim, freestanding metal fireplaces, appliances, water closets, tubs and shower enclosures, lavatories, and water heaters, or roof coverings, except when determining whether the structure has been substantially improved as a result of a single improvement or repair, or substantially damaged as a result of a single event. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimension of the structure. The term "substantial improvement" does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are necessary solely to assure safe living conditions, or any alteration of a structure listed on the national register of historic places, or the state inventory of historic places.

Substantial improvement, cumulative, means that improvement which is not substantial by itself but, when added to all prior nonsubstantial improvements to the original structure, would cause all the improvements to be substantial if permitted at one time.

Substantial increase in impervious area means an increase in impervious area greater than 1,000 square feet that is not adjacent to a canal or other water body or greater than 500 square feet that is adjacent to a canal or water body.

Substantially improved existing manufactured home parks or subdivisions means parks or subdivisions where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Surface water. See Water body .

Swale means a shallow constructed ditch with the bottom above the water table.

Tailwater means water located directly downstream from a surface water structure on a river, stream or creek.

Temporary emergency housing means recreational vehicles (RVs) or travel trailers (or similar approved sheltering units) used for temporary occupancy in response to natural or manmade disasters, including, but not limited to, hurricanes and tropical storms, where such RVs or travel trailers (or other approved sheltering units) are provided to residents or relief workers as part of emergency relief efforts.

Temporary sign means a sign put in place for a short period of time to notify, advertise or announce an event, service or product.

Temporary storage unit means a reusable enclosed or semi-enclosed vessel, cargo container or truck trailer:

(1)

Originally, specifically or formerly designed or used for the packing, shipping, movement or transportation of freight, articles, goods, belongings or commodities; or

(2)

Designed for or capable of being mounted or moved on a rail car, truck or vessel; or

(3)

Designed for or capable of being mounted on a chassis or bogie for movement by truck tractor or other similar device.

Temporary structure shall mean those structures that are temporary in nature and are required for a defined period of time during an event or the construction phase of permitted development, including but not limited to emergency shelters, construction project offices, equipment storage, temporary storage units, trailers or sales offices for the marketing of the property in which they are located pursuant to a temporary use permit.

Temporary use means those uses that are required for a defined period of time during the construction phase of permitted development or uses that are uniquely temporary or seasonal in nature, including, but not limited to, holiday tree and decoration sales, seasonal sales of farm produce, temporary emergency shelters, sidewalk sales, construction project offices, storage, or sales offices for the marketing of the property upon which or near where they are located, model homes, flea markets, arts and crafts bazaars, art shows, and seminar/educational events, whether for profit or otherwise. Events and gatherings located within parks owned by the village are governed by regulations available through the village clerk and are not governed by this division.

Threatened and endangered plant species means plant species listed as such under the provisions of the Endangered Species Act, 16 USC 1531 et seq., F.S. § 581.185, or the Florida Endangered and Threatened Species Act, F.S. § 372.072.

Threatened and endangered species means plant or animal species listed as such under the provisions of the Endangered Species Act, 16 USC 1531 et seq., and/or F.S. § 581.185, and the Florida Endangered and Threatened Species Act, F.S. § 372.072, as illustrated on the threatened and endangered plant and animal maps maintained by the planning and development services department.

Tinted glass means any glass treated to achieve an industry-approved, inside-to-outside light transmittance value of 45 percent or less. Such transmittance is limited to the visible spectrum (400—700 nanometers) and is measured as the percentage of light that is transmitted through the glass.

Topsoil means a medium composed of naturally occurring mineral particles and organic matter that provides physical, chemical and biological properties necessary for plant growth.

Tower means a guyed, lattice or monopole tower.

Transfer of development rights means the process by which development rights may be transferred from one lot within the village to another lot within the village.

Translucent fixture means a fixture consisting of a material (e.g. frosted glass) that transmits light but causes sufficient diffusion to prevent a distinct image of the lamp inside.

Transparency means architectural elements that fill openings in a building facade, such as transparent windows, doors and retail display windows, designed to create a visual connection between the interior activities of a building and people outside of a building, and also expressed as a percentage of a building's facade.

Transitional habitat means the saltmarsh and buttonwood association.

Tree means any living, self-supporting woody perennial plant which at maturity attains a trunk diameter of at least three inches or more when measured at a point fourand one-half feet above ground level and which normally attains an overall height of at least 15 feet, usually with one main stem or trunk and many branches.

Trip means a single or unidirectional movement with either the origin or destination exiting or entering inside the study site.

Trip ends means the total of all trips entering plus all trips leaving a study site over a period of time.

Trip generation means the attraction or production of trips caused by a given type of land development.

Ultra-light aircraft means any heavier-than-air, motorized aircraft that meets the criteria for maximum weight, fuel capacity, and air speed established for such aircraft by the Federal Aviation Administration.

Understory tree means a tree or palm that normally attains an overall height between ten and 25 feet at maturity, which provides the mid-level landscaping within the specified height range.

Undue economic hardship means an inordinate burden on the owner's use of his property or, in the case of properties producing income at the time of the application for a special certificate of appropriateness, failure to achieve a reasonable economic return as measured against commercial properties of similar nature and location as expected by market conditions.

Up-lighting means lighting fixtures that are directed upward, usually onto objects (flags, monuments, signs, buildings, landscape, etc.).

Vacancy sign means a sign which indicates whether a hotel or motel use has vacant rooms or units, limited to the display of the words "no" and "vacancy."

Vacation rental unit means a single-family or multifamily residential dwelling unit or mobile home that operates for vacation rental use.

Vacation rental use means a use of a single-family or multifamily residential dwelling unit or mobile home that is rented, leased or exchanged for a period of less than 28 days.

Vegetative swale means a shallow constructed ditch with the bottom above the water table which is planted with greater than 90 percent vegetation.

Very low income person(s) shall mean one or more natural persons or a family, the total annual adjusted gross income of which does not exceed 50 percent of the median annual adjusted gross household income for households within Monroe County.

Very low income dwelling unit shall mean a dwelling unit to be occupied by very low income persons, the monthly rent for which, not including utilities, does not exceed 30 percent of that amount which represents 50 percent of the median adjusted annual gross income for Monroe County, to be enforced by recording of a deed restriction which shall run with and bind the dwelling unit and all subsequent owners of the dwelling unit for a term of 30 years from the date of recording, after which time the restriction shall be extended automatically for successive periods of ten years each. All deed restrictions shall be submitted in a form approved by the village attorney.

Vessel means any boat or watercraft, including personal watercraft, as defined in F.S. ch. 327, as amended from time to time, or any successor statute thereto.

Village means Islamorada, Village of Islands, Florida.

Village activity center means those properties within the village center (VC) zoning district.

Visitor center means a use devoted to providing information and services for visitors and tourists.

Visual roofline means the highest point on any building including an extended facade, parapet, etc., which may extend above the primary roofline of the building, and where such extension forms an integral part of the building structure or facade. The visual roofline shall not include any awning, pylon, chimney, tower, or other minor projection not forming an integral part of the building structure or facade.

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

Wall-mounted sign means any sign mounted or painted on and parallel to the facade or wall of the building, and not extending above the roofline or projecting more than eight inches from the facade or wall.

Warning sign means a sign whose purpose is to notify the public of a possible danger or policy that affects a property or to provide instructions at active construction sites, such as, but not limited to "men at work," "no parking," "customer parking only," and "caution."

Waste disposal facility means any plant, system or property used or useful or having the present capacity for future use in connection with the collection, treatment, purification or disposal of sewage, and without limiting the generality of the foregoing definition shall include treatment plants, pumping stations, intercepting sewers, pressure lines, mains, and all necessary appurtenances and equipment, and shall include all property, rights, easements and franchises relating to any such system and deemed necessary or convenient for the operation.

Water access walkway means a structure built and used exclusively for access to the water for leisure activities such as fishing, swimming, or observation, but by its design may not be used as a dock. Water access walkways shall conform to the design in this chapter.

Water at least four feet below mean sea level at mean low tide means locations that will not have a significant adverse impact on off-shore resources of particular importance. Off-shore resources of particular importance shall mean hard coral bottoms, habitat of state or federal threatened and endangered species, shallow water areas with natural marine communities with depths at mean low tide of less than four feet and all designated aquatic preserves under F.S. § 258.39 et seq.

Water body and surface water mean a natural or artificial watercourse, pond, bay, and coastal waters extending to a landward limit defined by F.A.C. 17-4.022 and F.S. § 403.031.

Water dependent uses are maritime activities that are carried out only on, in, or adjacent to water areas because they require direct access to water. Water dependent uses include, but are not limited to, fish houses, boat barns, boat yards, boat repair and storage (other than for trailer-able boats), marinas, commercial fishing facilities, trap storage and trap manufacturing, charter boats, and water dependent facilities. These uses shall be encouraged adjacent to shorelines.

Water related uses are 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 uses. Water related uses include, but are not limited to, boat storage (other than boat barns), fishing trap storage and trap manufacturing, tropical fish collection and sales and aquaria, ship stores, outdoor dining areas, bait and tackle stores, and dive shops. These activities shall be encouraged within appropriate zoning districts, however not at the expense of water-dependent uses.

Watercourse means a channel, canal or stream bed, either natural or manmade, which is involved in the accommodation of floodwaters.

Water-dependent facility means a use that is functionally dependent on actual access to open waters.

Water detention facility means a stormwater management facility that provides for the delay of movement or flow of a specified volume of stormwater for a specified period of time.

Water observation platform means an observation deck adjacent to a water body and specifically designed to prevent the mooring of motorized vessels.

Water retention facility means a stormwater management facility that provides for storage of a specified volume of stormwater without discharge from the retention structure.

Water table means the subsurface boundary between the zone of saturation and the zone of aeration; it varies with such factors as tide and the amount of rainfall.

Wayfinding sign, highway means a permanent sign which identifies and provides directions to a premises or establishment which lacks road frontage on U.S. 1, for the purpose of identifying the premises or establishment and providing navigational information to passersby.

Wet bar means is a food or drink preparation area limited to a total counter surface area of 16 square feet, a single one-bin sink of one square foot, and electrical service limited to 110 volt service.

Wet detention means the delay of stormwater runoff prior to discharge into receiving waters in a structure with a bottom elevation below the water table or control elevation.

Wetlands means those lands defined by F.S. § 403.911 as wetlands.

Wide-ranging threatened or endangered animal species is one that typically moves over a large area, usually seasonally occurring in any of the listed habitats within their mapped ranges as documented in the village's comprehensive plan data inventory and analysis or other scientific literature.

Wildlife lighting means artificial lighting that minimizes the potential for negative affects to the nocturnal behaviors of nesting and hatchling sea turtles and other wildlife. The following criteria apply:

(1)

The light source is mounted as low to the ground or floor as practicable through the use of fixtures such as low-mounted wall fixtures, low bollards, and ground-level fixtures;

(2)

The lumens emitted by the light source are the minimal required for the intended application;

(3)

The light source is contained within a full cut-off or fully shielded fixture such that no light is broadcast above a horizontal plane and the point source of light and any reflective surfaces of the fixture are not directly visible from the beach; and

(4)

The lamps emitting predominately long-wavelength light (>560 nanometers). These long-wavelength light sources include low pressure sodium vapor lamps, amber and red LEDs, true red neon lamps, and other lamps certified by the Florida Fish and Wildlife Conservation Commission as "wildlife lighting".

Window sign means any sign mounted to or painted on or visible through a window for display to the public.

Window tinting means tinting or film that meets the standards for tinted glass.

Wireless communications facility and facility mean the facilities used by a personal wireless communications services provider or a government entity for the transmission and/or reception of radio frequency signals or other wireless communications, consisting of an antenna or antennas, ancillary structures, equipment enclosures, a tower and any other items incorporated into a development order.

Working waterfronts means a parcel or parcels of real property that provide access for water-dependent commercial activities, including hotels and motels as defined in the village code, or provide access for the public to the navigable waters of the state. Working waterfronts require direct access to or a location on, over, or adjacent to a navigable body of water. The term includes water-dependent facilities that are open to the public and offer public access by vessels to the waters of the state or that are support facilities for recreational, commercial, research, or governmental vessels. These facilities may include utility pilings, fences, docks, lifts, davits, boat ramps, boat slips, seawalls, riprap, bulkheads, elevated walkways, fish cleaning stations and outside dining areas, wet and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing facilities, boat construction facilities, docking facilities and other support structures over the water.

Yard sale sign means a temporary sign erected by the owner of the property or authorized agent of such owner that indicates that tangible goods are for sale at a certain time on the property on which it is located. See garage sale sign.

Zone of imminent collapse means an area subject to erosion adjacent to the shoreline of an ocean, bay, or lake and within a distance equal to ten feet plus five times the average annual longterm erosion rate for the site, measured from the reference feature.

(Ord. No. 02-16, § 1(div. 2.2), 2-21-2002; Ord. No. 02-29, § 1, 11-21-2002; Ord. No. 04-08, § 1, 6-24-2004; Ord. No. 04-13, § 2, 10-28-2004; Ord. No. 05-03, § 1, 3-24-2005; Ord. No. 05-11, § 2, 6-23-2005; Ord. No. 05-20, § 1, 9-15-2005; Ord. No. 06-08, § 1, 4-27-2006; Ord. No. 06-16, § 2, 7-27-2006; Ord. No. 06-21, § 2, 11-9-2006; Ord. No. 07-03, § 2, 2-8-2007; Ord. No. 07-13, § 2, 5-24-2007; Ord. No. 07-30, § 1, 11-29-2007; Ord. No. 07-32, § 1, 11-29-2007; Ord. No. 08-01, § 1, 1-10-2008; Ord. No. 09-01, § 1, 1-22-2009; Ord. No. 09-03, § 1, 3-12-2009; Ord. No. 09-04, § 1, 4-9-2009; Ord. No. 09-17, § 1, 9-24-2009; Ord. No. 10-01, § 1, 1-14-2010; Ord. No. 12-03, § 1, 3-22-2012; Ord. No. 12-07, § 2, 7-12-2012; Ord. No. 13-09, § 1, 2-14-2013; Ord. No. 13-16, § 2, 8-22-2013; Ord. No. 13-17, § 2, 8-22-2013; Ord. No. 14-03, § 1, 1-9-2014; Ord. No. 14-08, § 1, 5-8-2014; Ord. No. 15-01, § 2, 1-8-2015; Ord. No. 15-07, § 2, 5-28-2015; Ord. No. 15-09, § 2, 7-9-2015; Ord. No. 15-14, § 2, 10-22-2015; Ord. No. 16-09, § 2, 4-28-2016; Ord. No. 17-12, § 2, 10-5-2017)

Editor's note

At the direction of the village, and pursuant to Island Silver & Spice, Inc. vs. Islamorada , D.C. Docket No. 04-10097-CD-JLK, September 8, 2008, the definitions for formula restaurant and formula retail have been eliminated from this Code. See also note at Ch. 30, Art. IV, Div. 5.

Cross reference

Definitions generally, § 1-2.