§ 10-1.101. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Abandoned well shall mean a well which is no longer in use for its intended purposes, and/or is not constructed to state standards and for which no valid Northwest Florida Water Management District (NWFWMD) permit has been issued.

Abutting property shall mean property that is immediately adjacent or contiguous to property that is subject to review under these regulations.

Access improvements shall mean improvements designed and constructed to provide safe and adequate ingress and egress from a road impact construction, which include, but are not limited to, rights-of-way, easements, paving of adjacent or connecting roadways, turn lanes, deceleration and acceleration lanes, traffic control devices, signage and markings, and drainage and utilities.

Access, legal shall mean the right, created by fee simple ownership, insurable right of access, deed, or easement recorded in the public records providing for perpetual ingress to and egress rights from the premises to a public or private street.

Accessory building shall mean a detached, subordinate building, the use of which is clearly indicated and related to the use of the principal building or use of the land and which is located on the same lot as the principal building or use.

Accessory dwelling unit shall mean an additional, ancillary dwelling unit located on the same lot or parcel as a principal dwelling unit. The accessory dwelling unit may be attached or detached; its use is secondary to the principal use of the property.

Accessory use or structure shall mean a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure and, which comprises no more than 1/3 of the floor area of the principal use or structure, except as otherwise permitted herein.

Acquisition shall mean purchase, land exchange, donation, easement, assisting private owners in obtaining tax advantages and other similar endeavors. Purchase shall include all acquisition costs, including such costs as surveying and title insurance.

Acre shall mean an area of land containing 43,560 square feet.

Acre, gross shall mean an area of land containing 43,560 square feet including rights-of-way, common areas, or easements.

Acre, net shall mean the amount of usable land area exclusive of undevelopable areas within conservation or preservation areas.

Active karst feature, shall mean a collapse, subsidence, or solution in the earth's surface that is formed over limestone, dolomite, or gypsum, caused by the dissolution, or infiltration of this soluble formation overlying the groundwater that allows direct contact between surface water and the groundwater table and is characterized by closed depressions such as sinkholes, caves, springs and underground drainage.

Adjoining shall mean parcels which are touching or contiguous to each other, as distinguished from lying near to or adjacent. Parcels that are separated from each other by a local or a minor collector street or roadway shall also be considered adjoining; parcels that are separated by a major collector or an arterial street or roadway or by a railroad right-of-way shall not be considered adjoining.

Administrative official shall mean the county administrator and any staff member of the department authorized by the county administrator or by ordinance to interpret or administer this chapter.

Administrative streamlined application process shall mean the appropriate review process for approval of development excepted from development review as provided in subsection 10-7.402. 5., development review and approval system; exceptions; except where otherwise specified in subsection 10-7.402. 5.

Adult congregate living facilities (ACLF) shall mean an adult congregate living facility as defined in F.S. § 400.402.

Adverse impact shall mean any direct or indirect effect likely to cause, or actually causing, a decline in the stability, natural function, or natural diversity of any environmental resource or system, or in the quiet, peaceful, safe, or healthful use or occupancy of any off-site property.

Advertise shall mean to inform; to notify; to announce; or to attract public attention.

Affordable housing shall mean housing units available to very low, low, and moderate income households at a cost which neither constitutes a financial hardship to the household nor exceeds the ability of the household to pay the monthly mortgage or rent payment. The classification of households will be stated in terms of their relation to the most recent estimate by the U.S. Department of Housing and Urban Development of median household income for the Tallahassee Metropolitan Statistical Area, as follows:

Very low income	=	≤ 50% of median household income
Low income	=	50—80% of median household income
Moderate income	=	80—120% of median household income

 

Agent shall mean a person, firm, or entity legally authorized to act on a landowner's behalf concerning applications filed under this chapter, and has included in the application a written authorization to act as agent for that purpose.

Agent, legally authorized shall mean a person, firm, or entity which acts on a landowner's behalf concerning applications filed under these regulations, and has included in the application a written authorization to act as agent for that purpose.

Aggregation shall mean the combining of two or more developments, represented by their owners or developers as separate, for purposes of this chapter.

Aggrieved or adversely affected person shall mean any person who will suffer an adverse effect to an interest protected or furthered by the Comprehensive Plan, including interests related to health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, or environmental or natural resources. The adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons.

Agriculture shall mean the production, keeping or maintenance, for sale, lease or personal use, of plants and/or animals useful to humans, including, but not limited to, the growing of crops, dairying, grazing, the raising and maintenance of poultry and other livestock, horticulture, nursery, forestry, and sod farms. Commercial feed lots, the raising of furbearing animals, riding academies, livery or boarding stables or dog kennels are not considered to be normal agricultural uses.

Agritourism shall mean any agricultural related activity consistent with a bona-fide farm, livestock operation, or ranch or in a working forest which allows members of the general public to view or enjoy activities related to farming, ranching, historical, cultural, civic, ceremonial, training and exhibition, or harvest-your-own attractions for recreational, entertainment or educational purposes.

Air entrainment shall mean any process by which air is introduced into groundwater.

Airport shall mean the Tallahassee Municipal Airport (see section 10-6.808).

Aisle shall mean a path for a vehicle providing internal circulation between rows of parking. See Driveway.

Alcoholic beverage shall mean distilled spirits and any beverage containing one-half of one percent or more alcohol by volume or as defined by F.S. § 561.01(4)(a).

Alley shall mean a dedicated right-of-way which affords only a secondary means of access to the back or the side of a building site otherwise abutting on a larger street, and which is not intended or used for general traffic circulation.

Alteration shall mean any change, addition or modification in construction, or any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as altered or reconstructed.

Altered floodplain shall mean areas within the 100-year floodplain that have been either ditched, drained, filled or have had structures built on them, any of which have diminished the flood storage capacity of the floodplain.

Alternative collector road impact fee shall mean any alternative fee calculated by an applicant and approved by the planning director or the metropolitan planning organization pursuant to section 10-617 or section 10-577.

Alternative countywide road impact fee shall mean any alternative fee calculated by an applicant and approved by the planning director or the metropolitan planning organization pursuant to section 10-602 or section 10-577.

Amendment—Map shall mean a change in the boundaries of one or more zoning districts depicted on the official zoning map.

Amendment—Text shall mean a change in the text of Article VI (zoning).

Amusements, outdoor shall mean an outdoor area or structure, open to the public, which contains coin operated games, and similar entertainment and amusement facilities. Outdoor amusement facilities include miniature golf courses, batting cages, go karts, bumper boats, driving ranges, skateboard parks, etc.

Amusements, indoor shall mean establishments engaged in providing indoor amusement or entertainment for a fee or admission charge and include such activities as dance halls, studios, theatrical producers, bands, orchestras, and other musical entertainment; bowling alleys and billiard and pool establishments; commercial sports such as arenas; coin operated devices, game parlors.

Animal feedlot shall mean a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and is specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For the purpose of this chapter, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under this chapter.

Animated sign shall mean any sign of which all or any part thereof visibly moves in any electronic fashion whatsoever; and any sign which contains or uses for illumination any light, lights, or lighting device or devices which change color, flash or alternate, show movement or motion, or change the appearance of said sign or any part thereof automatically. The term "animated sign" shall not include revolving signs or multi-face mechanical (tri-vision) signs.

Apartment shall mean a multifamily dwelling unit containing a room or suite of rooms together with kitchen or kitchenette and sanitary facilities.

Appeal shall mean a request for review of the county's interpretation of any provision of this chapter.

Applicant shall mean the owner of land, or legally authorized agent, submitting an application pursuant to this chapter.

Application shall mean a request filed with the county under the terms of this chapter.

Aquatic ecosystem shall mean an ecological community existing in and dependent upon periodic or continuous inundation by, or normally affected by water, including a wetland, natural watercourse, or water body.

Aquifer shall mean any saturated, permeable geologic unit that can transmit significant quantities of water under ordinary hydraulic gradients.

Aquifer protection coordinator shall mean the person designated and authorized by the county to supervise the implementation and enforcement of Article X.

Archaeological site shall mean a location that has yielded or may yield information on history or prehistory or is included in the state master site file.

Architect shall mean an architect licensed and registered in the state.

Architectural planter shall mean a structure designed to support plant root growth in a contained space, generally above grade, filled with a growing medium specifically blended for such use and providing no direct path for root growth into surrounding natural soils areas.

Area of shallow flooding shall mean a designated AO zone on the flood insurance rate maps.

Area of special flood hazard shall mean land designated on the flood insurance rate maps which is subject to a one percent or greater chance of flooding in any given year.

Arterial street shall mean as defined by the Tallahassee-Leon County Comprehensive Plan.

Automotive service station shall mean any building, structure or land used for retail sales of automobile fuels, oils or accessories as its primary use with the sale of convenience store items allowed, and which may also include automobile maintenance, servicing, and towing and overnight parking of disabled vehicles for immediate repair (i.e. within 24 hours). A freestanding single pass carwash is permitted as an accessory use at neighborhood, community, and highway commercial locations inside the urban service area.

Available capacity shall mean the capacity of a concurrency facility available for use by the demand from new development.

Bandit sign shall mean any sign placed on wooden stakes or wire supports that are driven into the ground.

Banner shall mean any hanging sign possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. This classification shall not include plastic or fabric signs which are permanently attached within a rigid frame which are intended to be used as a permanent sign. National flags, flags or political subdivisions and symbolic flags of any institution or business shall not be considered banners for the purpose of this chapter.

Base flood shall mean the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation shall mean the flood elevation having a one percent chance of being equaled or exceeded in any given year.

Basement shall mean the part of a building that has at least half of its height below ground level. The basement of a building will be included in calculation of a floor area ratio if it is finished sufficiently to serve as space that is suitable for the primary activities for which the building was designed and constructed.

Bed and breakfast inn shall mean an owner-occupied structure originally built and utilized as a single-family residence converted to function as a single-family residence providing a limited number of guest rooms available on a daily rental basis. Kitchen facilities are not available in individual rooms.

Bench sign shall mean a sign located on any part of the surface of a bench or seat placed adjacent to a public right-of-way.

Best management practice (BMP) shall mean a practice or principle designed to reduce and manage pollution, the adverse impact of changes in the natural ecosystem, and in some cases, protect wildlife and habitat. These principles and practices are generally outlined in the latest updated version of various BMP manuals, including Silviculture Best Management Practices; Best Management Practices, A Landowners Handbook for Controlling Erosion for Forestry Operations; Management Guidelines for Forested Wetlands; DER: Florida Development Manual, A Guide to Sound Land and Water Management; and other publications on best management practices that are generally accepted by the industries and regulatory bodies.

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

Board or Board of County Commissioners shall mean the Board of County Commissioners of Leon County, Florida. See also Article VI.

Boardinghouse shall mean a single-family house, wherein furnished rooms without cooking facili ties are rented for a valuable consideration, to one or more individuals unrelated by blood or marriage to the owner or operator of the house, and where renting individuals are also served with meals prepared in one kitchen by the owner or operator of the house.

Bona fide agricultural use shall mean the use of land, for bona fide purposes of growing crops or timber or raising animal stock, fish, or poultry. In determining whether the claimed agricultural use is bona fide for agricultural permitting purposes, one of the two following criteria shall be satisfied:

(1)

The subject property/parcel is classified agricultural on the most recent certified tax roll.

(2)

Where the subject property/parcel is not classified agricultural on the most recent certified tax roll, the following factors shall be taken into consideration:

a.

The length of time the land has been so utilized;

b.

Whether the use has been continuous;

c.

The purchase price paid;

d.

The size of the land as it relates to the specific agricultural use;

e.

Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including fertilizing, liming, tilling, mowing, reforesting, or other generally accepted agricultural practices;

f.

Whether such land is under agricultural lease, and if so, the effective length, terms and conditions of the lease; and

g.

Current, and pending changes in, land use and zoning.

Broadcasting studios shall mean establishments primarily engaged in the production of audio or visual programs for distribution to the public (except cable or other pay television services) including broadcast stations.

Buffer shall mean a physical barrier located between and separating one or more land uses.

Buffer fence shall mean a fence, of sufficient height and opacity to obstruct view so as to provide a buffer between land uses, which is constructed of durable materials appropriate for the intended use and compatible with materials commonly used in surrounding areas or neighborhoods.

Buildable area shall mean the area of a lot remaining outside of environmental constraints and after the setback and open space requirements of the zoning ordinance have been met.

Building shall mean any structure, either temporary or permanent, built for the support, shelter, or enclosure of persons, chattels, or property of any kind. "Building" shall include tents, trailers, or mobile homes serving in any way the function of a building.

Building area shall mean a maximum horizontally projected area of the building at or above grade.

Building contractors and related services shall mean general contractors and operative builders primarily engaged in the construction of residential, farm, industrial, commercial, or other buildings. General building contractors who combine a special trade with contracting are included in this group.

Building envelope shall mean an area of a parcel excluding all required setbacks, parking areas, landscaped areas, and stormwater management facilities in which the actual building may be constructed.

Building facade line shall mean an imaginary line running along and parallel to the elevation of a building, extending along a horizontal plane, terminating at the property's boundaries.

Building height: See "height."

Building official shall mean the person designated by the county to enforce the building code.

Building permit shall mean a permit to install, construct, or reconstruct any structure and used or built for a shelter enclosure of persons, animals or property of any kind. See also Article II.

Building setback shall mean the minimum required setback distance from the property line or centerline of the roadway right-of-way to the building line as set forth in Article VI.

Building site shall mean a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use such that the customary accessories and open spaces belong to the same.

Business park shall mean a development on a minimum of a ten-acre tract of land that contains a mix of uses including office buildings, walk-to-work residences, convenience retail activities, open space, and amenities for employees designed, planned, constructed and managed on an integrated and coordinated basis.

Business services shall mean establishments primarily engaged in rendering services to business establishments on fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services, but not including the sale of goods or merchandise.

Caliper shall mean the diameter of a tree, which shall be measured 12 inches above the soil line for trees required to have a four-inch or greater caliper; or, for smaller trees, the diameter shall be measured six inches above the soil line, except that grafted trees shall be measured one inch above the graft union if union can be seen.

Canopy. See "marquee."

Canopy road or canopy road tree protection zones shall include all lands within the unincorporated county within 100 feet of the centerlines of the following roads hereby declared to be canopy road tree protection zones:

(1)

Meridian Road from its intersection with Seventh Avenue to the state line.

(2)

Magnolia Drive—Centerville Road—Moccasin Gap Road from their intersection with Seventh Avenue to State Road 59.

(3)

Miccosukee Road from its intersection with Capital Circle to Moccasin Gap Road.

(4)

Old St. Augustine Road from its intersection with East Lafayette Street to W. W. Kelley Road.

(5)

Old Bainbridge Road from its intersection with Raa Avenue to Capital Circle.

(6)

Sunny Hill Road from its intersection with Thomasville Road to Old Centerville Road.

(7)

Old Centerville Road from its intersection with Centerville Road to the state line.

(8)

Pisgah Church Road from Bradfordville Road to the end of the county maintained right-of-way east of Centerville Road.

Capacity shall mean the potential or suitability for holding, storing or accommodating the demands of the impacts of development at a defined level of service.

Carport shall mean an accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor driven vehicles.

Centerline of right-of-way shall mean the center of the surfaced roadway or the surveyed centerline of the street as defined by the county engineer.

Certificate of appropriateness shall mean the permit issued by the architectural review board which gives its approval for work to be completed on a landmark building, a landmark site or within a historic overlay district. The certificate may contain conditions relating to the proposed work, and the applicant will still need permits from other regulatory departments before starting work. A certificate of appropriateness must be issued prior to the issuance of a building permit.

Certificate of concurrency shall mean a statement, related to a specific development project or part thereof, that concurrency is satisfied and that a specified amount of facility capacity is reserved for a specified period of time.

Certificate of occupancy shall mean an official document or certificate issued by the city or county under the authority of ordinance or law, authorizing the occupancy for its intended use of a building or land, or any portion thereof, within a road impact construction. "Certificate of occupancy" shall include any other permit which allows the occupancy and use of a building or land.

Certified arborist means an arborist certified by the International Society of Arboriculture.

Changeable copy sign shall mean any poster board, bulletin board, neon sign, screen, surface or wall, with characters, letters or illustrations affixed thereto or thereon, by any method or means whatsoever, that can be changed, rearranged, or altered without changing the face of the poster board, bulletin board, neon sign, screen, surface or wall.

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

Church, religious organization, house of worship shall mean a building used for periodic congregation of persons to express religious belief including temples, synagogues and similar structures.

City shall mean the City of Tallahassee, Florida.

City attorney shall mean the person appointed by the city commission to serve as its counsel, or the designee of such person.

City commission or commission shall mean the governing body of the city.

City street system shall mean the road system of the city as defined in F.S. § 334.03(3), or its statutory successor in function.

Clean fill shall mean soil, including top soil, clay, and sand, all of which shall contain less than five percent gravel, rubble, or other material. Other materials besides soil shall be less than four inches in diameter. Clean fill shall possess no adverse human or environmental risk.

Clinic shall mean an establishment which provides health services or medical or surgical care for outpatients only, and where overnight facilities are not provided.

Closed basin shall mean a naturally depressed or artificially closed off portion of the earth's surface for which there is no natural or normal outlet for runoff other than percolation, evaporation, transpiration, or discharge into a karst feature.

Closure shall mean the termination of any regulated, nonresidential land use or activity covered by this chapter.

Cluster development shall mean a development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive or other portions of the site having existing characteristics worthy of preservation or conservation.

Collector road district shall mean one of the six districts located within the county which are described in section 10-582, and within each of which a separate collector road impact fee is assessed.

Collector road impact fee shall mean the fee imposed by the county pursuant to section 10-616 or, if applicable, the alternative collector road impact fee.

Commercial area standards shall mean the following:

(1)

Commercial area location.

a.

Minor shall mean the circular area described by a 330-foot radius from the centerline of the intersection of local and arterial, collector and collector, or collector and arterial roads.

b.

Neighborhood shall mean the circular area described by a quarter-mile radius from the centerline of the intersection of major collector and major collector, major collector and arterial, or arterial and arterial roads. Only one commercial development will be allowed at the intersection of a major collector and arterial road.

c.

Community shall mean the circular area described by a quarter-mile radius from the centerline of the intersection of major collector and major collector, major collector and arterial, or arterial and arterial roads.

d.

Regional shall mean the circular area described by a quarter-mile radius from the centerline of any of the following intersections where direct access is integrated into the transportation network through a system of shared access or frontage roads: minor arterial and major collector or major collector and arterial roads, or arterial and arterial roads which have been previously commercially developed.

(2)

Commercial site (or quadrant) shall mean the area described as one-quarter of the commercial location area (as defined herein), except in instances of commercial sites located at the intersection of roads whose vertices form an acute angle, in which case the site or quadrant shall be considered to be that area within the vertices formed by the roads and the arc described by the applicable radius.

Commercial building size shall mean the maximum square footage of gross leasable floor area allowable within any single building. This number is a portion of the allowable commercial development that may be established at a commercial site (or quadrant).

Commercial, community shall provide for the sale of convenience goods and personal services such as food, drugs, sundries and hardware items, clothing, variety items, appliances and furniture, and home improvement items to one or more neighborhoods. Gross floor area shall be from 100,000 up to 200,000 square feet.

Commercial, highway shall mean a highway that provides for consumer oriented retail services designed for drive-in convenience. Gross floor area shall be up to 10,000 square feet.

Commercial impact fee land use category means the impact fee land use categories listed under the commercial heading in the schedule incorporated in section 10-601 for countywide road impact fees and in section 10-616 for collector road impact fees.

Commercial, minor shall provide for the sale of convenience goods and services to the immediate residential area. Gross floor area shall be less than 20,000 square feet, except at a local street intersection where it is less than 10,000 square feet.

Commercial, neighborhood shall provide for the same general functions as a community commercial center but on a smaller scale. Gross floor area shall be from 20,000 up to 100,000 square feet.

Commercial, regional shall provide for the same functions of community commercial and shall provide full range and variety of shopping goods for comparative shopping such as general merchandise, apparel, furniture, and home furnishings. Gross floor area shall be over 200,000 square feet.

Communication antenna means an antenna, appurtenant to a structure, designed to transmit and/or receive communications authorized by the Federal Communications Commission (FCC). The term, "communication antenna," shall not include antennas utilized by amateur radio operators licensed by the FCC.

Communication tower means a principal structure which is principally intended to support communication equipment for telephone, radio and similar communication purposes. The term, "communication tower" shall not include towers utilized by amateur radio operators licensed by the Federal Communications Commission (FCC) or towers not exceeding 75 feet in height utilized by essential service providers on a site containing an essential service facility, such as but not limited to fire stations, law enforcement facilities including jails, electrical substations, wastewater treatment plants, sewer lift stations, overhead water storage tanks, water wells and utility operation or service centers, for the provision of telemetry data only. Communication towers are generally described as either monopole (freestanding), lattice (self-supporting), or guyed (anchored with guy wires or cables).

Community garden shall mean any portion of a lot or parcel managed and maintained by a group of people to grow and harvest food crops and/or non-food ornamental crops for personal or group use, consumption or donation. Community gardens do not include portions of lots or parcels utilized to grow food crops and/or non-food ornamental crops for the purpose of commercial wholesaling.

Community residential home shall mean a dwelling unit licensed to serve clients of HRS, providing a living environment for seven to 14 residents who operate as the functional equivalent of a family, including such supervision and care by support staff as may be necessary to meet the physical, emotional and social needs of the residents. Homes of six or fewer residents that otherwise meet the definition of a community residential home are regarded as single-family units and noncommercial residences for the purpose of this chapter.

Community services or community facilities shall mean a facility owned or operated by a public or private entity that directly provides a significant public benefit such as libraries, religious facilities, police and fire stations, hospitals, museums and schools.

Comprehensive plan shall mean the plan adopted pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act [F.S. § 163.3161 et seq.].

Comprehensive site development plan shall mean a plan view layout and all supporting documents for a proposed development activity, which conveys information of a definite nature pertaining to existing and proposed land use, property boundaries, structures, drainage features, and infrastructure, and other informational criteria specified by the local government, presented in a form consistent with format criteria specified by the local government.

Concurrency shall mean assurance that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur according to the Comprehensive Plan.

Concurrency facility shall mean all arterial and collector roads, stormwater management, potable water, sanitary sewer, solid waste, parks and recreation and mass transit facilities owned or operated by local, state or federal governments, independent districts and/or private organizations.

Concurrency review shall mean the process to determine if there is adequate and available capacity to accommodate the impact of new development at or above the adopted level of service.

Conditional certificate of concurrency shall mean either:

(1)

A certificate of concurrency conditioned on the completion of an improvement to a concurrency facility included in an approved schedule of capital improvements required to eliminate any existing deficiencies and/or accommodate the proposed new development project's impacts consistent with the time frames established in section 10-3.103; or

(2)

A certificate of concurrency conditioned on the applicant and the county reaching a development agreement pursuant to the Florida Local Government Development Agreement Act [F.S. § 163.3220 et seq.] on a method to eliminate facility deficiencies prior to the development project's impact consistent with the time frames established in section 10-3.103.

Condominium shall mean a development composed of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements.

Connector road shall mean a road which, based upon the transportation network and anticipated traffic use and volume, is primarily of use, service and benefit to the general traveling public rather than to the adjacent property owners.

Conservation shall mean allowing only carefully planned development activities to occur on a site; development activities must be compatible with the perpetuation of ecological, historical, and/or cultural resources on the site.

Conservation area shall mean an area which requires special considerations and strict application of performance standards for development due to significant environmental constraints, as identified pursuant to environmental overlay provisions in the Comprehensive Plan's land use element. The conservation category includes altered floodplains, altered floodways, altered watercourses, closed basins, significant grade areas (ten to 20 percent), high quality successional forests, karst features, designated canopy roads, and cultural resources.

Conservation easement shall mean a recorded legal right or interest in real property, as described in F.S. § 704.06, which is granted to the state or to the county for the benefit of the public interest of its citizens, which shall be perpetual in nature unless specifically released by the holder of the easement. Pursuant to such an easement, the possessor of the land from which the easement issues is prohibited from altering the topography or vegetative cover of the area subject to the easement, except as may be particularly specified in the conservation easement and any related, valid permit. The purpose of such an easement is to ensure that the owner of the servient land, and his agents, assigns, and successors in interest, maintain the area subject to the easement predominantly in a natural, scenic, open, or wooded condition or state, and may include restrictions and conditions as to alteration.

Construction and demolition debris disposal shall mean the practice of using a site for the permanent disposal from construction and/or demolition activities. The materials may be from on-site or off-site activities.

Construction sign shall mean any sign giving the name or names of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

Containment shall mean a system that is used to prevent the release of regulated substances to the environment. The system shall be constructed of an impervious material such that a release of a regulated substance to the environment is prevented. The size of the containment system should be capable of containing 110 percent of the volume of the largest container or storage system.

Contamination shall mean the presence of a regulated substance in the water supply, surface water, or land surface such that the presence degrades the quality of the resource so as to constitute a hazard or impair its use.

Contiguous shall mean lands abutting each other.

Continuing in good faith shall mean the final development order for a project has not expired, and no period of 90 consecutive days passes without the occurrence, on the land, of development activity which significantly moves the proposed development toward completion, unless the developer establishes that such 90-day lapse in development activity was due to factors beyond the developer's control or unless development activity authorized by a final development order has been completed on a significant portion of the development subject to such final development order and has significantly moved the entire development toward completion.

Continuous transit shall mean the nonstop movement of a vehicle except for stops required by traffic laws.

Convenience store shall mean a small retail store, 20,000 square feet or less, which sells convenience items (day-to-day needs of a residential neighborhood) as its primary sales. A convenience store may include the sale of gasoline and diesel fuel but such sales shall be accessory to the primary sale of convenience goods.

Copy shall mean the wording on a sign surface in either permanent or removable letter form.

Correction plat shall mean a plat which contains dimensional or notational corrections of erroneous information contained on the originally approved and recorded plat. A correctional plat is intended solely to correct errors or miscalculations, and it is not to be considered a replat or resubdivision and may not contain any substantive changes to or additional lots or streets that are not on the original plat.

Correctional institution shall mean a building for the confinement of persons held in lawful custody.

County shall mean Leon County, Florida.

County administrator shall mean the chief administrative officer of the county, or the county administrator's designee. Within the incorporated area of the county, the county administrator's designee shall be the Director of the City of Tallahassee Growth Management Department.

County attorney shall mean the person appointed by the Board of County Commissioners to serve as its counsel, or the designee of such person.

County engineer shall mean the licensed engineer designated by the Board of County Commissioners to furnish engineering assistance for the administration of these regulations.

County road system shall mean the road system of the county as defined in F.S. § 334.03(6), or its statutory successor in function.

Countywide road impact fee shall mean the fee imposed by the county pursuant to section 10-601 or, if applicable, the alternative countywide road impact fee.

Critical duration storm shall mean that storm duration, selected from all possible duration storms of a given return frequency, which results in the greatest peak discharge, volume of discharge, or other hydrologic parameter of interest.

Critical protection zone (CPZ) shall mean that area surrounding a tree within a circle described by a radius of one foot for each inch of the tree's diameter at breast height (DBH).

Crown shall mean the main point of branching or foliage of a tree or plant, or the upper portion of a tree or plant.

Crown spread shall mean the distance measured across the greatest diameter of the crown of a plant or a tree.

Cultural resource shall mean a site, object, structure, building, or district deemed to be of local, regional, or national significance as regards its architectural, historic, archaeological, engineering, or cultural value. Cultural resources can include: archaeological sites; historic resources; locally designated historic resources; prehistoric or historic districts, sites, buildings, structures, and objects included in, or eligible for inclusion in, the National Register of Historic Places and those listed in the local register of historic places; sites and properties listed in the Florida Master Site File; National Historic Landmarks; human burial sites and human skeletal remains.

Cut and fill shall mean a development practice involving removal of soil from one area and relocation of that soil to other areas in order to prepare a site for development.

Day care center shall mean any facility which provides care for a period of less than 24 hours a day to three or more persons not related to the operator of the center by blood, marriage, adoption or foster care responsibility. Such facilities may be for profit or nonprofit. This term includes child/adult care centers, nursery schools and kindergartens, when not accessory to an elementary school. This term does not include family day care homes as defined in F.S. § 402.302(7). F.S. § 166.0445 states a family day care home constitutes a valid residential use.

DBH, diameter at breast height means the diameter of a tree measured at a height of 54 inches above the naturally occurring ground level. Trees with gross abnormalities or buttressing at breast height should be measured above and immediately adjacent to the irregularity. Trees that fork at breast height should be measured below breast height and recorded as a single trunk. Trees that fork below breast height will be recorded as separate DBH for each stem.

Dead-end street shall mean a street terminated at the end by a vehicular turnaround, such as a cul-de-sac or T-turnaround.

Dedication shall mean the intentional appropriation of land by a property owner to some public use. Such appropriation of land shall not be considered a dedication for purposes of this chapter unless and until it is accepted by the Board of County Commissioners.

Density, gross shall mean the number of dwelling units per gross acre; an area of land containing 43,560 square feet including easements, rights-of-way and common areas. All residential densities referred to in the plan and zoning code shall be gross densities unless otherwise noted.

Density, gross project shall be applicable to projects containing only residential uses. In such cases gross project density will be the same as gross density. If projects contain land uses other than residential and designated open space, gross residential density (see below) is the more appropriate measure of development density.

Density, gross residential shall mean the number of units per gross acre of land designated for residential purposes, including land that will be devoted to street rights-of-way and designated open space after development. "Gross residential density" shall not include area covered by permanent water bodies or area to be utilized for other nonresidential land uses.

Density, net shall mean the number of units per acre computed after subtraction of the acres in street rights-of-way and designated open space from the gross residential area defined in the definition of gross residential density.

Density neutral shall mean that the gross density of a parcel to be developed shall not exceed the maximum permitted density established for the land use category and base zoning applicable to the subject parcel.

Density of connectivity shall mean, for a given development, number of street access connections to adjacent properties and off-site streets divided by the developments size in acres. An easement to extend a street for connection in the future shall be considered an access connection for purpose of this definition. The higher the density of interconnectivity, the greater the degree of external connectivity.

Department shall mean the department or departments designated by the county administrator to administer, interpret, and enforce this chapter.

Designated city road shall mean a road within the city street system which is listed for improvement in the impact fee study or subsequently added pursuant to section 10-578 [Art. VI, Div. 7].

Designated county road shall mean a road within the county road system which is listed for improvement in the impact fee study or subsequently added pursuant to section 10-578 [Art. VI, Div. 7].

Designated road system shall mean designated state roads, designated county roads and designated city roads.

Designated state road shall mean a road within the state highway system which is listed for improvement in the impact fee study or subsequently added pursuant to section 10-578 [Art. VI, Div. 7], and of which both the city and the county have agreed to its improvement during the planning period.

Detention shall mean the collection or temporary storage of stormwater for subsequent gradual discharge.

Deterioration, major shall mean a dwelling unit which has major defects requiring extensive repairs. The unit will not necessarily provide safe and decent shelter unless the repairs are made. These housing units usually have critical defects of a substantial nature, such as:

(1)

Holes, open cracks, rotted or missing materials over a large part of the foundation, walls, roof or chimney.

(2)

Substantial sagging of floors, walls or roof.

(3)

Extensive damage by storm, fire or flood.

Developed area means that portion of a site upon which any building, structure, pavement, or stormwater facility has been placed or upon which land clearing or grading has taken place.

Developer shall mean any person who engages in development activities either as the owner or as the agent of an owner of property.

Development shall mean any proposed change in the use or character of the land, including but not limited to, land clearing or the placement of any structure or site improvement on the land except for silviculture activities employing best management practices. Development includes initiation and conducting of any building activity or mining activity, or the making of any material change in the use or appearance of any structure or land. See also article II, article IV, and article VIII.

Development agreement shall mean an agreement entered into by a developer and the county pursuant to F.S. ch. 163.

Development area shall mean that portion of a site upon which development may or does occur.

Development order, final shall mean for purposes of a determination of vested rights in a previously approved development: exempt subdivision, limited partition subdivision, minor subdivision, preliminary subdivision plat approval, final plat subdivision approval, final site plan approval; approval of a PUD concept plan; approval of a PUD final development plan; building permit; and any other development order which approved the development of land for a particular use or uses at a specified intensity of use and which allowed development activity on the land for which the development order was issued.

Development order, final shall have the meaning in section 10-2.401.

Development sign shall mean a sign which, by symbol or name, identifies a development. It may also provide an index of uses (tenants) included in the development.

Development standards shall mean the standards included in this chapter, the Comprehensive Plan, and all other regulations governing development of real property adopted by the Board of County Commissioners.

Dilapidated shall mean a characterization or condition of a structure which does not provide safe and adequate shelter in its present condition and endangers the health, safety and well-being of the occupants. A structure in the dilapidated classification cannot be economically repaired. A house is dilapidated when it has one or both of the following conditions:

(1)

Inadequate original construction such that it does not provide adequate protection against the elements.

(2)

Defects which would cost over 50 percent of the total value of the shelter to repair.

Directional sign shall mean a sign permanently or temporarily erected by or with approval from any authorized government agency to denote the route to any city, town, village, historic place, shrine, hospital; signs directing and regulating traffic; notices of any railroad bridge, or other transportation activity necessary for the direction or safety of the public; signs, notices, or symbols for the information of aviators as to location, directions, and landings, and conditions affecting safety in aviation; signs, notices, or symbols as to the time and place of civic meetings and signs or notices erected or maintained upon public property giving the name of the owner, lessee, or occupant of the premises or the street number thereof.

Directly connected impervious area shall mean impervious areas situated such that stormwater traversing such areas does not flow over a pervious area before reaching and entering an element of the stormwater management system.

Discharge shall mean the release of stormwater by any means, including spilling, leaking, seeping, pouring, emitting, emptying, or dumping, but not including evaporation, transpiration, or natural percolation to the groundwater. See also article X.

Distribution facilities shall mean establishments engaged in the receipt, storage, and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air, or motor vehicles. This includes short-term storage facilities for a specific commercial establishment.

District shall mean the division of land into various land use classifications which allows different degrees of density and intensity of uses as defined by article VI, division 6.

Dock shall mean a structure built on or over the water which is designed or used to provide anchorage for an access to one or more boats.

Dormitory shall mean a building used as group living quarters for a student body, religious order, or other group as an associated use to a college, university, boarding school, orphanage, convent, monastery, farm labor camp, or other similar use. Dormitories do not include kitchen facilities, except a group kitchen facility to serve all residents. Dormitories have residential equivalency of 4:1 ratio (four dorm rooms is equivalent to one dwelling unit).

Drainage area shall mean the area contributing water to a stormwater management system or water body.

Dripline shall mean the vertical projection on the ground of the outer perimeter of the crown of a plant.

Drive-in facility shall mean any use which by design, physical facilities, service or procedure encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. Drive-in facility shall include drive-thru and drive-up facilities.

Driveway shall mean a private road or way giving access from a public or private right-of-way to an adjacent or abutting property.

Dwelling, detached shall mean a structure containing one unattached dwelling unit and designed to be built on an independent lot or parcel.

Dwelling, mobile home: See "manufactured home."

Dwelling, multifamily shall mean a building containing two or more dwelling units built on an independent lot or parcel. See "apartment."

Dwelling, single-family attached shall mean a one-family dwelling attached to two or more one-family dwellings by vertical common fire-resistant walls, with each dwelling unit located on a separate lot. Each dwelling unit and lot must meet the minimum lot size requirements for single-family attached dwellings or townhouses set forth in the applicable zoning district.

Dwelling, two-family (duplex) shall mean a building designed with two dwelling units with accommodations for each dwelling unit independent of each other, and intended to be occupied by two or more families on one lot or parcel of land.

Dwelling unit shall mean a single room or unified combination of rooms, regardless of form of ownership that is designed for residential use by one family. The definition shall include, but not be limited to, condominium or cooperative units, mobile homes, manufactured housing, individual attached or detached apartments and individual houses.

Easement shall mean a right granted by a property owner generally established in deed or other formal document or on a recorded plat, to permit the use of land by the public, a public agency, a utility, a corporation or particular persons for a special purpose or variety of purposes.

Ecotone shall mean a transitional area between two adjacent environmental communities, such as between a lake's littoral zone and an adjacent upland hardwood community.

Ecotourism shall mean tourism that focuses on the appreciation of natural areas, wildlife or cultural and historical resources and strives to minimize ecological impact or damage. This nature-based tourism involves education and interpretation of the natural environment and is managed to be ecologically sustainable. Activities may include cycling, camping, fishing, hunting, paddling, hiking, birding, visiting scenic by-ways, agritourism, and wildlife viewing.

Encumbered shall mean monies committed by contract or purchase order in a manner that obligates the county or the city to expend the encumbered amount for the delivery of goods, the completion of services, the conveyance of right-of-way by a vendor, supplier, contractor or owner. The execution of an agreement with the state department of transportation by either the county or the city for the construction of improvements or additions to a designated state road, with or without reimbursement, shall be considered to have encumbered countywide road impact fees collected for that improvement or addition.

Endangered species are defined based on the same criteria and analogous to the state and federal list: Any species of fish and wildlife or plant naturally occurring in Florida, whose prospects of survival are in jeopardy due to modification or loss of habitat; over-utilization for commercial, sporting, scientific, or educational purposes; disease; predation; inadequacy of regulatory mechanisms; or other natural or manmade factors affecting its continued existence.

Engineer shall mean the county engineer for the county.

Engineer of record shall mean a professional engineer registered to practice in the state who performs the engineering functions required in this chapter on behalf of the applicant.

Engineer, registered shall mean an individual licensed in this state and qualified to perform duties for an applicant under the terms of this chapter.

Enterprise zone shall mean an area in the state designated pursuant to F.S. ch. 290 and approved by the Secretary of the Department of Community Affairs.

Environmental constraints shall mean environmental features which perform natural functions, have ecological value, or constitute special environmental management problems to site development, including wetlands, water bodies, watercourses, floodways, floodplains, closed basins, severe and significant grades, threatened, endangered, or special concern species or their habitat, native or high quality successional forest communities, cultural resources, special development zones, canopy road protection zones, and karst features. Environmental constrains are also referred to in article IV as environmentally sensitive areas.

Environmental Management Act (EMA) shall mean the Environmental Management Act of the county, being Article IV, as amended.

Environmental management permit shall mean an approved application for a permit for stormwater management, floodplain, landscaping, tree protection or tree removal, as required pursuant hereto for each development project, or a right-of-way placement permit, general permit, silvicultural permit, or vegetation management permit, issued in lieu of an environmental management permit for a development activity. The environmental management permit shall include in all cases a site plan and all supporting documentation submitted with the permit application, and all copies of all related easement documentation.

Environmentally sensitive areas shall mean environmental constraints.

Environmentally sensitive land use matrix shall mean a land use environmental management tool which shall be maintained and made available for public use in the department of development support and environmental management, and which prescribes management strategies for each of several environmental constraints in relation to various land use categories and densities.

Environmentally significant lands shall mean areas defined as conservation or preservation areas under the Comprehensive Plan.

EPA shall mean the United States Environmental Protection Agency.

Erected shall mean built, constructed, altered, reconstructed, moved upon or any physical operations on the premises which are required for the construction. Excavation, fill, drainage and the like shall be considered a part of erection.

Essential service means the provision of fire safety; law enforcement; weather; provision of electric, natural gas, water, or sanitary sewer service; emergency medical; or stormwater services.

Establishment shall mean a commercial, industrial, institutional, educational, office, business, or financial entity.

Exceptional specimen shall mean an individual tree which is in very good to good condition as evidenced by less than ten percent upper crown dieback, few epicormic branches, absence of signs or symptoms of virulent disease, or other characteristics commonly employed to measure tree health, and which exhibits characteristics of size, species, age, form, historical significance, or other qualities which make it of such greater value than individuals of the same species usually found in the county as to warrant special consideration as a biological and social resource to be preserved for the benefit of the general public. Such a determination shall be made by the county administrator or designee pursuant to these criteria in cases of doubt.

Exceptional student education (ESE) center shall mean a facility intended primarily for the education of children identified as exceptional, regardless of age or grade.

External trip shall mean any trip which either has its origins from or its destination to the road impact construction and which impacts the designated road system.

Family shall mean one person, or a group of two or more persons living together occupying the whole or part of a dwelling as a single housekeeping unit.

FDEP shall mean the Florida Department of Environmental Protection.

FEMA shall mean Federal Emergency Management Agency.

Fence shall mean a manmade barrier intended to provide privacy or make a boundary. The barrier shall be made of materials designed to afford privacy, security, or channeling.

Fill shall mean any solid substance which is virtually inert, which is not a pollution threat to ground water or surface waters, is not a fire hazard, and is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term includes soil, wood chips, trees and other organics, clay, sand, brick, glass, ceramics, and uncontaminated concrete including embedded pipe or steel. Water shall not be considered fill.

Final development order shall mean a building permit, a stormwater management permit or any other development order which approved the development of land for a particular use or uses at a specific intensity of use and which allows commencement of construction or physical development activity on the land for which the final development order is issued. See also Article II.

Final plat shall mean the final map or drawing of the plat, subdivision or dedication prepared and intended for filing and recording after approval by the Board of County Commissioners in accordance with Article VII and F.S. ch. 177.

First flush runoff shall mean an initial amount of stormwater runoff containing the majority of the pollutants from an area.

Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry surfaces from the overflow of streams, rivers, or other inland water, or the unusual and rapid accumulation of surface water runoff from any source.

Flood boundary and floodway map shall mean the maps prepared by the Federal Emergency Management Agency delineating flood boundaries and floodways. Such maps are referred to as FBFM's in Article VIII.

Flood hazard boundary map shall mean the maps prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, designating special flood hazard areas. Such maps are referred to as FHBM's in Article VIII.

Flood insurance rate map shall mean the maps prepared by the Federal Emergency Management Agency delineating areas of special flood hazard and risk premium zones. Such maps are referred to as FIRM's in Article VIII.

Flood insurance study shall mean the document provided by the Federal Insurance Administration or Federal Emergency Management Agency containing flood profiles and delineating floodway elevations and regulatory floodways within the geographic area regulated by article VIII.

Flood protection elevation shall mean an elevation determined by either subsection (1), (2), (3), or (4) where a parcel is located in or adjacent to a drainage area subject to flooding, and for all parcels regardless of their location, subsection (5) as set forth below:

(1)

Where no base flood elevation has been determined by an engineering study or can not accurately be determined due to the lack of essential engineering data, three feet above the highest reasonably anticipated or historically recorded elevation of surface water in the drainage area where the development activity is to take place; or

(2)

Where a less than fully developed upstream watershed was determined and a base flood elevation was then determined either by an engineering study or by determining the depth of the discharge/flow over a natural topographic saddle, three feet above the level of the base flood elevation in the drainage area where the development activity is to take place; or

(3)

Where a fully developed upstream watershed was determined and a base flood elevation was then determined either by an engineering study or by determining the depth of the discharge/flow over a natural topographic saddle, one and one-half feet above the level of the base flood elevation in the drainage area where the development activity is to take place; or

(4)

When a depth number is specified for flood hazard areas designated on the flood insurance rate map as zone AO, the lowest floor, including basement, shall be elevated to at least as many feet as the depth number above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to no less than two feet above the highest adjacent grade; and

(5)

In order to prevent flood damage due to overland sheet flow, a minimum of one foot higher than the finished grade elevation at a distance of five feet from the foundation for detached single family, duplex, triplex and quadraplex structures, except that garages and basements shall be protected in accordance with subsection 10-8.301(k). If this minimum is lower than any of the flood protection elevations specified in [subsections] (1), (2), (3) and (4) above, then the highest flood protection elevation shall apply. An exception to this one-foot minimum requirement can be granted if it is demonstrated to the satisfaction of the county administrator or designee that no adverse flooding impacts will occur to the structure.

Floodplain shall mean any land area susceptible to being inundated by water from any source. Floodplains are normally designated in terms of their probability of flooding within a specified period such as one, ten, 25, 50 and 100 years.

Floodprone area shall mean any land area susceptible to being inundated by water from any source.

Floodproofing shall mean any combination of structural and nonstructural additions, changes or alterations to properties and structures which reduces or eliminates flood damage to lands, water and sanitary facilities, structures and contents of buildings.

Floodway shall mean the channel of a river, stream, 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 of the floodway, including but not limited to FEMA delineated floodways. The floodway is further defined as the area left in a channel after the overbank area is reduced until the water level is raised no more than one foot. The reduction must create equal conveyance loss on each side.

Floodway fringe shall mean all that land in a floodplain not lying within a delineated floodway. Land within a floodway fringe is subject to inundation by relatively low velocity flows and shallow water depths.

Floor area, gross shall mean the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerlines of walls separating two buildings. As to residential, in particular, floor area includes floor space in penthouses; attic space providing structural headroom of eight feet or more; floor space of interior balconies or mezzanines; and other floor space used for dwelling purposes, no matter where located within a building, including accessory buildings.

Floor area ratio shall mean a number determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

Florida Master Site File or state master site file shall mean a clearinghouse for information on archaeological sites, buildings and historic resource surveys, as maintained by the state. Inclusion in the master site file does not necessarily mean that the resource possesses historic, architectural, archaeological or cultural significance, or is worthy of preservation.

Fraternity or sorority houses shall mean a dwelling or combination of dwellings on a single lot occupied by and maintained exclusively for college students who are affiliated with a social, honorary, or professional organization recognized by the college or university.

Friable material means a soil texture that is easily crumbled or pulverized. A typical soil composition that would render this condition is a 50 percent sandy loam and peat moss (mushroom compost may be substituted for peat moss) and 50 percent existing soil.

Frontage shall mean the length of the property line of any one premises along a street on which it borders.

Frontage, building shall mean the length of an outside building wall on a street.

Frontage street shall mean the length of any one property line of a premises, which property line abuts a legally accessible street right-of-way.

Garage, public parking shall mean a building or other structure which provides parking or storage of motor vehicles, excluding storage of inoperative motor vehicles. A public parking garage may provide the required off-street parking space required by this chapter.

Gasoline service station: See "automotive service station."

Geotechnical boring shall mean any excavation that is drilled, cored, washed, driven, or dug and is used for geological investigation purposes or for obtaining a soil sample.

Golf course shall mean a tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses, shelters and driving ranges as accessory uses.

Good forestry practices shall mean activities which reduce excessive competition between trees, or which remove intrusive exotic species and replace with native species.

Grade shall mean a ground elevation established for the purpose of regulating the height of the building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground at each face of the building.

Green book shall mean the Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways as authorized by F.S. §§ 334.044(10)(a) and 336.045.

Green roof shall mean a roof having the following components: an insulation layer, a waterproof membrane to protect the building from leaks, a root barrier to prevent roots from penetrating the waterproof membrane; a drainage layer, usually made of lightweight gravel, clay, or plastic; a geotextile or filter mat that allows water to soak through but prevents erosion of fine soil particles; a growing medium; plants; and, sometimes, a wind blanket. There are two basic types of green roofs: intensive and extensive. Intensive green roofs require a minimum of one foot of soil depth to accommodate large trees, shrubs and other manicured landscapes, are composed of multi-layer constructions, and include elaborate irrigation and drainage systems. Extensive green roofs range from as little as one to five inches in soil depth, and also generally require less maintenance than intensive systems. A green roof may incorporate both intensive and extensive elements. [Derived from the City of Chicago Department of Environment].

Gross density: See "density, gross."

Gross land area shall mean the total area, including all public and private areas within the legal boundaries of a particular parcel of land or project.

Gross project density: See "density, gross project."

Gross residential density: See "density, gross residential."

Ground cover shall mean natural mulch or low-growing plants, other than deciduous varieties, installed to form a continuous cover over the ground.

Groundwater shall mean water that occurs in the subsurface of the earth beneath the water table in soils and geologic formations that are fully saturated.

Groundwater resource protection area shall mean an area determined to have high recharge to the aquifer and/or an area where the potential for groundwater contamination is high.

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

Guest house or cottage shall mean living quarters within a detached accessory building, having sanitary but no kitchen facilities, located on the same premises as the principal dwelling to be used exclusively for housing members of the family occupying the principal dwelling, or their nonpaying guests.

Gum Road Target Planning Area shall mean that area designated by the Board of County Commissioners wherein incentives should be provided for economic development, defined as bounded by US Highway 90 on the north, Capital Circle on the east, the CSX railroad right-of-way on the south, and Aenon Church Road on the west.

Hazardous materials shall mean solid, liquid, or air waste, or a combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed.

Hazardous substance shall mean a substance that has one or more of the following characteristics: ignitability, corrosivity, reactivity, or toxicity as defined in 40 CFR 261 (as amended), bioaccumulative effect, or persistence in nature.

Heat exchange well shall mean any well constructed for the purpose of withdrawing water for air conditioning or heat exchange purposes and returning the water to underground formations.

Heavy industrial shall mean the use of land for the manufacture of material or products from extracted or raw material; the extraction of mineral resources, except water; processing of wood to lumber or wood pulp, or wood pulp to paper; any refinement or distillation of petroleum resources, and conversion or smelting of ores to metals.

Heavy industrial use shall include any manufacturing, distribution, wholesaling or storage of any raw material or product, finished or unfinished, which is characterized by one or more of the following:

(1)

Producing impacts detectable off-site from smoke, dust, dispersion of particulate matter, noxious or odorous gases, or any other pollution of the air.

(2)

Producing water pollution detectable off-site, including thermal pollution.

(3)

The storage, manufacture, processing or distribution of any radioactive waste, explosive, or flammable materials.

Heavy industrial uses have considerable impacts upon infrastructure and utilities. Heavy industrial uses require access and facilities for truck and/or rail delivery and pickup. Loading and off-loading is frequently accomplished by truck or rail, seldom by automobile. Demand for water and electricity is typically heavy.

Height (of a building or structure) shall mean the vertical distance measured from the existing average grade elevation at the base of each side of the structure to the highest point of each side of a building or structure. When applied to a building, height shall be measured to the highest point of the coping of a flat roof or to the average height level between eaves and ridge for gable, hip, or gambrel roofs. Rooftop equipment shall be added to the measurement of the height of a building, as determined above, if the equipment extends more than four feet above the highest portion of the roof, except that the height of communication antennas added to the roof of a building shall not be included in measuring the height of a building.

High quality successional forest shall mean a medium quality natural plant community. These forests typically show signs of past disturbances, but still retain a good distribution of high quality indicator species. They will be forest types described in the Florida Natural Areas Inventory publication "Guide to the Natural Communities of Florida", and will meet that publication's rarity ranking of S1, S2, S3, or S4. These forests shall be delineated using Leon County's Publication titled "Natural Plant Community Criteria" and must meet the minimum area requirement, which may include adjacent conservation and preservation features. A medium quality natural community generally possesses the following characteristics:

(1)

The floristic composition contains many of the more common species typical of the natural community type, although most rare species are absent;

(2)

The community may contain invasive exotic plants that could be controlled through management;

(3)

The community has likely had some past disturbance, but not to the extent that the potential for recovery or restoration to a high quality natural community is significantly impaired (unauthorized activities in high quality successional forest areas resulting in a violation of the ordinances will not be excluded from protection as such).

Historic building, site or structure: See "historic resource."

Historic monument or structure: See "historic resource."

Historic resource shall mean a building, structure, district, site, object or cultural landscape that is of significance in American, Florida or local history, architecture, archaeology, or culture. The resource may be listed or be eligible for listing in the National Register of Historic Places or be designated by local ordinance.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) 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 Secretary of the Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district:

(3)

Individually listed on the Florida Inventory of Historic Places, which has been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By the approved Florida program as determined by the Secretary of the Interior, or

b.

Directly by the Secretary of the Interior.

Home occupation shall mean any use conducted entirely within a dwelling by the inhabitants thereof, that is incidental and secondary to the use of the dwelling for dwelling purposes, and does not give external evidence of nonresidential use or adversely affect the uses permitted in the residential district of which it is a part. See article VI, division 8.

Homeowners' association shall mean a nonprofit organization recognized as such under the laws of this state operated under recorded land agreements through which each owner of a portion of a subdivision, be it a lot, home, property, or any other interest, is automatically subject to a charge for a prorated share of expenses either direct or indirect for maintaining common properties within the subdivision, such as roads, parks, recreational areas, common areas, or other similar properties. Within the text of these regulations, a property owners' association is considered a single entity for property ownership.

Hospital shall mean a building or group of buildings having facilities for overnight care of one or more human patients, providing services to inpatients and medical care to the sick and injured, and which may include as related facilities laboratories, outpatient services, training facilities, central service facilities, and staff facilities. However, any related facility shall be incidental and subordinate to principal hospital use and operation. Only those buildings licensed as a hospital under the laws of the state shall be included within this definition.

Hotel and motel shall mean a facility offering transient lodging accommodations on a daily rate to the general public and which may provide additional services, such as restaurants, meeting rooms and recreational facilities.

Housing, special needs shall mean that part of the housing provision system designed to fulfill the demand of a household or individual who needs assistance, either permanent or temporary, in obtaining basic shelter, including but not limited to very low and low income individuals, handicapped individuals, or homeless persons. Special needs housing shall include group homes for persons with physical, emotional or cognitive disabilities; shelters for battered victims; adult congregate living facilities; and halfway houses for the noncriminal or nondelinquent.

Identification sign shall mean a sign which depicts the name and/or address of a building or establishment on the premises where the sign is located as a means of identifying said building or establishment.

Impact fee shall mean collectively the countywide road impact fee and the collector road impact fee.

Impact fee rate shall mean an impact fee imposed for a particular road impact construction under the applicable impact fee land use category established in the schedules incorporated in section 10-601 for countywide road impact fees and in section 10-616 for collector road impact fees.

Impact fee statement shall mean the document issued to an applicant prior to the issuance of a building permit containing the calculation of the impact fees imposed on road impact construction under section 10-601 and section 10-616.

Impact fee study shall mean the studies adopted pursuant to section 10-569, as amended and supplemented pursuant to section 10-578.

Impervious surface shall mean a surface which has been compacted, constructed or covered with a layer of material with the result that it is highly resistant to infiltration by water.

Improvements (or site improvements) shall mean any grading, filling, or excavation of unimproved property; additions or alterations to existing buildings or other structures requiring alterations to the ground; the construction of new buildings or other structures, including parking lots; and street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, signs, landscaping or any other improvement required by land development regulations.

Incinerators shall mean a facility designed to burn waste materials in a controlled manner that complies with appropriate governing regulations.

Index of interconnectivity shall mean, within a given development, number of points of interconnection of street segments divided by the number of street segments in the development. The lower the index of interconnectivity, the greater the degree of internal street connection within a development.

Infrastructure, heavy shall mean land uses, structures, or facilities necessary to support the operations and activities associated with a metropolitan area, characterized as being large in scale for their setting and/or having the potential to produce significant negative off-site impacts. Heavy infrastructure includes, but is not limited to, maintenance yards, motor pools, airports, landfills, sewage treatment plants and correctional facilities.

Infrastructure, light shall include, but not be limited to, water wells, water tanks, sewage pump stations, electric substations.

Institutional uses shall mean any land use authorized by the governing body, established and intended to provide significant public benefit.

Interconnection shall mean the construction of roads or paths - or the setting aside of property, right-of-way or easements for the construction of roads or paths - that will serve to provide vehicular, pedestrian, or bicycle access between properties such that the transportation system is enhanced.

Interior area shall mean the entire parcel to be developed exclusive of the front, rear and side perimeter landscape areas.

Intersection shall mean a place of joining or crossing of streets.

Junkyard shall mean any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk. "Junkyard" includes auto wrecking yards and salvage yards.

Karst feature shall mean a type of topography that is formed over limestone, dolomite, or gypsum by dissolving or solution and that is characterized by closed depressions or sinkholes, caves, and underground drainage.

Kennel, commercial shall mean any building or buildings, or land used, designed, or arranged to facilitate the raising, breeding, boarding, and grooming of domesticated animals such as dogs and cats for profit.

Kennel, private shall mean any building or buildings or land designed or arranged for the care of dogs and cats belonging to the owner of the principal use, kept for purposes of show, hunting, or as pets.

Kindergarten: See "day care center."

Land shall mean any area lying within the jurisdiction of the county. "Land" shall include water, marsh, swamp, or wetland.

Land development regulations shall mean an ordinance or group of ordinances enacted by the Board of County Commissioners for the regulation of any aspect of land development, including but not limited to zoning, subdivision, signs, impact fees, vesting, concurrency management, environmental management, traffic performance standards, or any other regulations controlling the development of land.

Landscape architect, registered shall mean a person who holds a license to practice landscape architecture in the state under the authority of state law (F.S. § 481.303).

Landscape material shall mean living material, including trees, shrubs, vines, lawn grass, and ground cover; landscape water features; and nonliving durable material commonly used in landscaping for aesthetic purposes, including rocks, pebbles, sand, prairie film, brick pavers, and earthen mounds, but excluding impervious surfaces for vehicular use.

Landscaping shall mean the placement of landscape material on a site in accordance with the requirements of this chapter.

Land surveyor shall mean a person authorized to practice land surveying under the provisions of F.S. ch. 472.

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

Light industrial shall mean the use of land for the finishing of products composed of previously manufactured component parts; and any manufacturing, storage, or distribution of products unlikely to cause any of the following objectionable impacts to be detected off-site: odor, noise, fumes or dispersion of waste, or radiation.

Light industrial, minor shall mean one industrial activity on a ten-acre or smaller site.

Light industrial park shall mean one industrial activity on a greater than ten-acre site or two or more activities on one site.

Listed species shall mean any plant or animal listed by the county, state or federal governments as an endangered or threatened species, or a species of special concern.

Local Comprehensive Plan shall mean the plan adopted, and as amended from time to time, by the county pursuant to the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act [F.S. § 163.3161 et seq.].

Local planning agency shall mean the agency designated to prepare the Comprehensive Plan as required by the state Local Government Comprehensive Planning and Land Development Regulation Act, F.S. ch. 163, pt. II [§ 163.3161 et seq.], as amended.

Local street: See "street, local."

Lot shall mean a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit, but excluding areas designated for open spaces, whether or not these areas are designated as lots on the plat. This term also includes, where the context is appropriate, a unit within a residential, office, or commercial condominium.

Lot area shall mean the total land area within the lot lines of a lot, excluding any street rights-of-way.

Lot, corner shall mean a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

Lot coverage shall mean the area that results from the division of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot.

Lot depth shall mean the average distance measured from the front lot line to the rear lot line.

Lot, double frontage shall mean a lot having both its front and rear lot lines along a street right-of-way line.

Lot, flag shall mean an irregularly shaped or stem lot whose main body does not abut a road, but is accessed by a narrow extension which connects the main body to the road. This definition is intended to include any lot located behind the rear or to the side of any other lot which would require a narrow arm to provide access. This definition is not intended to include pie-shaped or other irregular shaped lots which front directly upon a road and are not located behind any other lot.

Lot, frontage shall mean each lot shall have a minimum frontage of 15 feet unless otherwise specified herein.

Lot improvement shall mean any building, structure, work of art or other object situated on a lot.

Lot, interior shall mean a lot other than a corner lot.

Lot lines shall mean the lines bounding a lot as defined herein:

(1)

Front lot line. The lot line fronting the street right-of-way.

(2)

Rear lot line. The lot line opposite the front lot line. In the case of a lot irregularly shaped or pointed at the rear, the rear lot line shall be an imaginary line within the lot, not less than ten feet long, parallel to and at the maximum distance from the front lot line.

(3)

Side lot line. Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street right-of-way is a street side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot perimeter protection zone shall mean all areas of a development site which fall between a property line and the minimum building setback corresponding to that property line as required by Article VI (zoning).

Lot, through (double frontage) shall mean any lot, not a corner lot, having both the front and rear property lines adjacent to a public street.

Lot width shall mean the horizontal distance between the side lot lines measured at right angles to the lot depth at the front building setback line.

Lounge shall mean a building or portion of a building wherein alcoholic beverages are sold by the drink and consumed on the premises.

Low density residential zoning districts shall mean zoning districts that allow a maximum gross density of six dwelling units per acre or less.

Lowest floor or finished floor shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, 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 applicable nonelevation design requirements of this chapter.

Managed buffer shall mean a vegetated area to be preserved or maintained in a natural or landscaped condition which serves to reduce impacts between land uses, and within which the removal of intrusive species, or addition of plants or other landscape material for enhancement of the area, may be allowed.

Manufactured building shall mean a building which conforms to the definition of manufactured building found in F.S. § 553.36(11), and which has received approval by the state department of community affairs.

Manufactured home shall mean any dwelling unit constructed to the Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development (24 CFR §3280), or as such standards may be amended; and which are built in the controlled environment of a manufacturing plant and are transported in one or more sections on a permanent chassis.

Manufacturing shall mean establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.

Marquee shall mean a canopy or covered structure projecting from and supported by a building when such canopy or covered structure extends beyond the building line or property line.

Master planned subdivision shall mean a permitted subdivision for which an integrated stormwater management system was designed and approved, and where subsequent individual lot development requires a connection to that centralized stormwater management system.

Master site development plan shall mean a plan view layout and all supporting documents for a proposed phased development activity which identifies and locates all phases and specifies phase sequencing and scheduling, and which conveys known information on existing and proposed land use, property boundaries, buildings, drainage features, infrastructure, and other informational criteria specified by the local government in a form consistent with the format criteria specified by the local government.

Master stormwater management system shall mean a basin-wide or multisite stormwater management system involving collection, conveyance, flood control, and water quality components, including structural modifications, designed to mitigate adverse impacts from the water quality, quantity, and rate changes which accompany development, and specifically intended to achieve and maintain all applicable level of service standards, including state water quality standards.

Mature successional forest shall mean a naturally reforested area within which a variety of native species are recognizably present in such age, numbers, size and diversity as to provide a mature forest canopy, associated with understory and wildlife habitat. Standard professional measures will be used to evaluate the quality and maturity of the subject area along with other biological and physical factors that may be evident.

Metropolitan planning organization shall mean the Tallahassee-Leon County Metropolitan Planning Organization.

Miniwarehouse shall mean a building or group of buildings in a controlled-access compound that contains varying sizes of individual compartmentalized, and controlled-access stalls or lockers for the dead storage of a tenant's personal property.

Minor tree shall mean a tree or large growing shrub grown as a standard or tree-form specimen, which commonly grows to a maximum height of 15 feet more or less, or is commonly managed and intended to grow to a height of 15 feet, more or less, in a confined space (e.g., crepe myrtle, tree-form wax myrtle, photinia standard).

Mitigation shall mean to lessen or eliminate the impact of development on a significant natural or historic resource. Mitigation can include the modification of project plans to ensure preservation of the significant resource, landscape buffering, access management, adaptive use of a historic building, archaeological salvage, or photographic documentation of historic resources or archives.

Mixed use development developed under a common plan of development shall mean any development that contains two or more use types such as residential and commercial that is submitted for review within the same site and development plan.

Mixed use road impact construction means a road impact construction in which more than one impact fee land use category is contemplated with each category constituting a separate and identifiable enterprise not subordinate to or dependent on other enterprises within the road impact construction.

Mobile home shall mean a manufactured home (see "manufactured home").

Mobile home erection permit shall mean the authorization required by the county or the city for the locating or placing in use of a mobile home as a dwelling unit.

Mobile home park shall mean a unified development of six or more mobile home dwelling sites arranged on a tract in accordance with the area and yard requirements as set forth in this chapter, and designed to accommodate mobile home dwellings in accordance with F.S. § 513.01(3), for permanent duration, including any service building, structure, enclosure or other facility used as part of the mobile home park.

Mobile home subdivision shall mean a parcel of land subdivided into lots which are sold to mobile home owners for the purpose of placing mobile homes thereon for living and sleeping purposes, including any land, building, structure, or facilities used by occupants of mobile homes on those premises.

Model home shall mean a dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model. No more than one-third of the model home can be used for office.

Monuments shall mean permanent markers used to accurately establish all lines of the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment.

Mortuary shall mean a place for the storage of human bodies prior to their burial or cremation.

Motel: See "hotel."

Motor vehicle fuel sales shall mean any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels.

Multiple use road impact construction means a road impact construction in which more than one impact fee land use category is contemplated with each category constituting a separate and identifiable enterprise not subordinate to or dependent on other enterprises within the road impact construction; provided, however, that any multiple use road impact construction with square footage of 5,000 square feet or more shall be considered to be a retail use and shall pay impact fees at the retail category impact fee rates.

NAVD shall mean a common technical abbreviation for North American Vertical Datum, which refers to an elevation in relation to a known reference point, which for purposes of this chapter shall be the mean sea level based on the 1988 adjustment.

National Register of Historic Places shall mean a federal listing of culturally significant buildings, structures, objects, sites and districts in the United States.

Native forest shall mean a high quality natural plant community that:

(1)

Is dominated by native species, including trees, understory vegetation, and wildlife;

(2)

Is a forest type described in the Florida Natural Areas Inventory publication "Guide to the Natural Communities of Florida"; and

(3)

Meets that publication's rarity ranking of S1, S2, S3, or S4.

(4)

These forests shall be identified and delineated using Leon County's Publication titled "Natural Plant Community Criteria" and must meet the minimum area requirements.

A high quality natural community generally possesses the following characteristics:

a.

The plant species composition is dominated by high quality indicator species which are typical of their natural community type;

b.

The community may contain invasive exotic plants that could be controlled through management;

c.

Evidence of historical disturbance may be present, but the disturbance has not destroyed or prevented the re-establishment of a high quality natural community type (unauthorized activities in native forest areas resulting in a violation of the ordinances will not be excluded from protection as such).

Native vegetation shall mean any vascular or non-vascular plant species which evolved or spread through natural means within the Southeastern Coastal Plain and which is not listed on the Florida Exotic Pest Plant Council's (or its successor) current list of invasive species.

Natural shall mean existing in and produced by nature, not artificially, or occurring in the ordinary course of nature.

Natural area shall mean an area on a development site designated by permit, plans, easement, or other legal means to remain in a natural condition or state.

Natural community shall mean a native vegetative community that is recognized in published scientific literature to occur within Florida.

Natural condition or state shall mean a condition or state which allows the processes of natural vegetation succession to proceed, either without interference by humans or with a management plan which allows augmentation by humans, to produce specific ecological characteristics such as species diversity, stand diversity, community stratification, or other functional characteristics.

Natural forest stand shall mean forest stands that have been regenerated by natural seedfall. For the purposes of the conservation easement, other types of timber stands, where native species compositions have been restored through planting, may be classified as "naturally forested" on a case-by-case basis.

Natural resource-based activities shall mean activities directly dependent upon naturally occurring resources, such as minerals, forests, water, and fertile land. These activities include, but are not limited to, farming, forestry, grazing, mining, hunting and fishing.

Natural vegetation shall mean the trees and plants occurring on a site prior to development, alteration or clearing of that site.

Neighborhood association shall mean an organization of residents of an area of the county whose purpose is to further the interests and needs of the neighborhood.

New construction shall mean structures for which the start of construction commenced on or after December 13, 1982.

New net trip shall mean the average daily external trips, as adjusted by the impact fee study.

NGVD shall mean a common technical abbreviation for National Geodetic Vertical Datum, which refers to an elevation in relation to a known reference point, which for purposes of this chapter shall be the mean sea level based on the 1929 adjustment.

Nonconformities shall mean lots, uses of land, uses of structures, structures, or characteristics of uses, which were lawful before article VI (zoning) was passed or amended, but which are prohibited, regulated or restricted under the terms of such article. Nonconformity may also be created where lawful public taking, except as provided in article VI, division 1, or actions pursuant to a court order have the same effect as violations of such article, if undertaken privately.

Nursing home shall mean a facility licensed and regulated by the state, that provides lodging and long-term nursing care for aged, chronically ill or convalescent patients, but excluding hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Office shall mean a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government.

Office building shall mean a building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand. Day care facilities may be included as ancillary or accessory uses in major office and office park developments.

Office, major shall mean an office building or buildings with more than a 0.25 floor area ratio, or at least 10,000 square feet. This includes a series of buildings within a subdivision that when combined is equal to or exceeds these thresholds.

Office, minor shall mean a converted residence at the existing size or a new or existing office building of less than 10,000 square feet and 0.25 floor area ratio or less. Maximum of 2,500 square feet if located on a local street.

Office park shall mean any of the following:

(1)

A development on a tract of land that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.

(2)

An office building or buildings of 40,000 square feet gross leasable floor area or greater.

Official zoning map shall mean the official map upon which the boundaries of each zoning district are designated and established as approved and adopted through ordinance by the county.

Off-site shall mean a site not located on the principal parcel or parcels of land proposed to be developed.

Off-site improvements shall mean road improvements located outside of the boundaries of a road impact construction which are required by the county or the city in order to serve external trips, but not including access improvements.

One-hundred year floodplain shall mean any land which is subject to a one percent or greater chance of flooding in any given year, whether or not such land is designated as a flood hazard area by the Federal Insurance Administration or the Federal Emergency Management Agency.

Open-pit mining shall mean the method of removing rock, sand, or other minerals by removal from an open pit, borrow pit, actual pit, or other manmade depression from which material is being extracted in the course of an open-pit mining operation.

Open space shall mean any area of a lot, site, tract or plat, exclusive of structures, streets (public and private), driveway, parking or open storage area, which is open to the sky and that will remain as open space through recordation of restrictive covenants, easements, public dedication or other legal device. Open space also includes areas used for outdoor recreational activities which do not require major structures within the area designated as open space.

Open space, common shall mean land within or related to a development, owned by a homeowner's association, not individually owned, or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

Open space, green shall mean an open space area not occupied by any structures or impervious surfaces.

Open space, private shall mean common open space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building.

Open space, public shall mean open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

Open space ratio shall mean total area of open space divided by the total site area in which the open space is located.

Original homestead family member shall mean a person eligible, under this section, and F.S. § 163.3179, to obtain rights for additional dwelling units or create parcels of land for ownership by an originally intended heir through the 2.1.9 subdivision process for purpose of family homestead.

Originally intended heir shall mean a person eligible, under this section, and F.S. § 163.3179; to receive ownership of a lot/parcel created through the 2.1.9 subdivision process for purpose of family homestead.

Other public water system shall mean any potable water system that provides piped water for human consumption, culinary purposes or dishwashing to one or more nonresidential establishments or which serves more than four residences but that is not a public water system as defined by the Federal Safe Drinking Water Act. Other public water systems include the water source, treatment facilities and distribution lines.

Outdoor sport shooting range shall mean an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar type of sport shooting.

Owner shall mean the person or persons holding fee simple title to a parcel, building, or structure.

Painted wall sign shall mean any sign which is applied with paint or similar substance on the face of a wall.

Parcel shall mean real property in the county, which has a single property certification number assigned to it by the property appraiser of the county.

Parking space, off-street shall mean a designated surfaced or grassed area, accessible from but not located on a street, that is sufficient in size and intended for the parking of a motor vehicle.

Patriarch tree shall mean a tree designated as a patriarch or state champion tree by the state division of forestry, or an exceptional specimen shade tree of 36 inches DBH or larger.

Pawnshops shall mean establishments which lend money for personal property left as security and the resale of unclaimed personal property.

Pedestrian mobility system. That system of sidewalks and other infrastructures and facilities, which, through interconnection, provides safe and convenient pedestrian access to residences, business, community facilities, and other nonresidential land uses.

Permitted structure shall mean a structure meeting all of the requirements established by article VI for the district in which the use is located.

Permitted use shall mean a use meeting all the requirements established by article VI for the district in which the use is located.

Person shall mean any owner, lessee, building contractor, developer, or other entity involved in the use of real property, including agents, employees, independent contractors, or others in privity with any of the above, whether natural persons, firms, associations, corporations, partnerships, joint ventures, estates, trusts, business trusts, syndicates, fiduciaries, governmental bodies, agencies, or officials.

Personal services shall mean a service or services or use provided by persons generally engaged in rendering a service (other than a medical or dental service), performed directly upon or to the patron, such as barbers, beauticians, masseurs, cosmetologists, and similar services considered personal in nature and not primarily involving the sale of any retail products.

Planned unit development, concept, shall mean a generalized plan which shows the proposed use of all lands within a planned unit development.

Plan development, final shall mean a detail development plan which shows the proposed use of all lands within a planned development. The final development plan must be approved prior to commencement of any development on property zoned planned unit development.

Planned unit development (PUD) shall mean a land area under unified control designed and planned to be developed in a single operation or by a series of prescheduled development phases according to an officially approved final development plan to permit and encourage more efficient and creative development, consistent with the 2010 Comprehensive Plan.

Planning commission or Tallahassee-Leon County Planning Commission shall mean a body designated by the Board of County Commissioners which acts in their behalf for planning and zoning matters within the county.

Planning department shall mean the Tallahassee-Leon County Planning Department.

Planning director shall mean the chief administrative officer of the planning department.

Planting area shall mean any area designed for landscape material installation having a minimum area of 133 square feet, a minimum depth of five feet, and containing suitable growing medium with proper drainage.

Plat shall mean any plan, map, sketch, chart, or other graphic representation of the subdivision of land and also includes the terms replat, amended plat, revised plat, or corrected plat, which meets the requirements of F.S. ch. 177.

Pollution shall mean a change in the physical, chemical, or biological characteristics of the air, water, or land that can harmfully affect the health or survival of humans or other living organisms.

Post-construction certification shall mean a report or other statement prepared by a qualified professional in which and by which it is certified that the site improvements or the stormwater structure and system serving the site, have been built in a manner substantially consistent with, and in compliance and conformance with, the approved plans and specifications for such site improvements, structure or system.

Postsecondary shall mean educational institutions public or private, universities, colleges, vocational/technical schools.

Potable water shall mean sources of water that have 10,000 mg/l total dissolved solids and are intended for consumptive purposes.

Potable water supply well shall mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for the purpose of conducting groundwater from a source bed to the surface, by pumping or natural flow, and the groundwater from such excavation is to be used for drinking or other potable water uses.

Preliminary development order shall mean a site and development plan approval, an exempt subdivision as defined pursuant to this article, DRI development order, a planned unit development concept plan approval, a planned unit development final development approval, and other development order not included in the definition of final development order.

Preliminary plat shall mean a plat and development approved pursuant to the provisions of Chapter 18 of the Code of Laws of Leon County, Florida (1980 edition), as amended, repealed by Article VII.

Premises shall mean an area of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

Preservation shall mean the establishing of strict requirements for the maintenance of significant ecological resources in a natural state. Activities should be in strict compliance with an effort to perpetuate the ecological value of the site or surrounding areas, including maintenance of listed plant and animal species.

Preservation area shall mean an environmentally sensitive area (as identified pursuant to environmental overlay provisions of the Comprehensive Plan, land use element) which would be severely impacted by development, and which is therefore unsuitable for all but extremely low density development in order to prevent degradation of water quality, freshwater storage capabilities, biological productivity, viability and diversity of native plants and animals and their habitats, to prevent damage to property and loss of life due to flooding, and to assure the conservation of irretrievable or irreversible resources. These areas include wetlands, water bodies, natural watercourses, severe grades (over 20 percent), native forests, undeveloped 100-year floodplains, as well as areas of exceptional environmental significance and habitats of threatened, endangered, or special concern species.

Principal use shall mean the primary or predominant use of any lot.

Private water system shall mean a water system that provides piped potable water for human consumption and other domestic purposes to no more than four family units.

Property owners' association: See "homeowners association."

Protected tree shall mean a tree which may not be removed without a permit from the county, pursuant to Article IV.

Public facility shall mean capital facilities that are owned by a governmental entity.

Public hearing shall mean a meeting of the applicable board or boards which has been advertised with a public notice as defined in this chapter.

Public supply well shall mean a well that is connected to a system that provides piped water to the public for human consumption, assuming it has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.

Public utility shall mean any public or private utility, including, but not limited to solid waste management, surface water management, wastewater collection and treatment, electric power, water supply, gas service, or telephone line, whether underground or overhead.

Public water system shall mean a system that provides piped water to the public for human consumption, if it has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Such terms include:

(1)

Any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system; and

(2)

Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.

A public water system is a community water system, a noncommunity water system, or a non-transient noncommunity water system.

Qualified professional shall mean a person with at minimum a bachelor's degree in one of the physical or natural sciences, engineering, or related fields, or five years experience in environmental regulation, engineering, or related fields and who possesses, in addition to skill, a special registration, certification, or knowledge, including but not limited to registered professional engineers, landscape architects, geologists and hydrologists, which is inherently or legally necessary to render him or her capable, and competent to perform the particular responsibilities called for.

Rear-loaded garage shall mean a garage, attached or detached to the principal structure, where the vehicle-access entry-way is oriented between 150 to 210 degrees away from both the front door of the house and the front yard of the property.

Reclaimed open-pit mine shall mean any open-pit mine which has been retired from use for mining operations and which has been graded to ensure that no slopes exceed a grade of greater than 4:1 horizontal run to vertical rise.

Record drawings shall mean a complete set of permitted drawings signed and sealed by a qualified professional with final constructed grades, culvert diameters, stormwater facilities dimensions, planted landscape materials, field changes, and marked with "record drawing" on each sheet. The qualified professional shall be responsible for the project's conformance to the permitted plans.

Recreation facility, active shall mean recreation lands and improvements that are facility oriented, e.g., swimming pools, court sports, field sports, shuffleboard courts, recreation centers, equipped play areas, fishing piers, boat ramps.

Recreation facility, passive shall mean recreation lands and improvements that are natural resource oriented, e.g., hiking and nature trails, picnicking, camping, canoeing, biking, horseback riding (excluding riding within wetland and floodplain areas), archaeological and historical sites.

Recreation services shall mean a commercial facility providing recreational activities to the general public for a fee, including, but not limited to swimming pools, tennis clubs, public gymnasiums, racquetball courts, baseball hitting ranges, miniature golf, golf driving ranges, billiards or pool halls, dance schools or classes, skating rinks, racetracks, fitness centers, zoos, and indoor theaters.

Recreation vehicle shall mean a camper, trailer, travel trailer, pickup camper, bus, or other vehicle with or without motor power, designed and constructed to travel on public thoroughfares without special permit in accordance with the provisions of F.S. ch. 316.

Redevelopment means development activity occurring on a site where there is existing developed area, or the addition of developed area to an existing developed area or site, but excluding subsequent phases of phased development activity planned under a common master site development plan.

Registered neighborhood association shall mean an association that registers with the county administrator for official purposes such as notification of landuse changes. Only neighborhood associations that meet the following requirements may so register:

(1)

The association must provide the county administrator with a map of the boundaries of the neighborhood it represents.

(2)

The association must be broadly representative of the neighborhood it represents.

(3)

The association must be accountable to the neighborhood it represents.

(4)

The association must have a governing board composed primarily of elected neighborhood residents.

Regulated business shall mean any publicly or privately owned operation that manufactures, uses, or stores a regulated substance.

Regulated substance shall mean any hazardous or other substance regulated under this chapter as described in section 10-10.106, or any hazardous substance that may cause groundwater contamination.

Rehabilitation shall mean the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.

Repetitive loss means flood related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Residence: See "dwelling unit."

Residential care shall mean establishments primarily engaged in the provision of residential social and personal care for children, the aged, and special categories of persons with some limits on ability for self-care, but where medical care is not a major element. Included are establishments providing 24-hour year-round care for children, as well as, alcoholism rehabilitation centers; boys towns; children's homes; drug rehabilitation centers, residential with health care incidental; halfway group homes for persons with social or personal problems; and halfway homes for delinquents and offenders. Residential care does not include boarding schools providing elementary and secondary education or establishments primarily engaged in providing nursing and health-related personal care.

Residential district shall mean and includes all land zoned R-1, R-2, R-3, R-4, R-5, RA, MR-1, RP and MH as well as that zoned R, RC, UF, LP, LT, LTUF, and OR-1, OR-2, OR-3, and BOR when used only for residential purposes.

Residential, high density shall mean residential density in the range of 16 to 50 dwelling units per acre.

Residential, low density shall mean residential density in the range of zero to eight dwelling units per acre.

Residential, medium density shall mean residential density in the range of eight to 16 dwelling units per acre.

Resource recovery management plan shall mean a state approved plan or conceptual plan as required by the state department of natural resources or other reviewing state or federal regulatory authorities.

Responsible party shall mean any person that through his actions has or is suspected to have caused a discharge of a hazardous substance.

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

Restaurant, drive-in shall mean an establishment which accommodates customers placing orders and being served food and beverages, without having to depart the automobile. A drive-in restaurant may also cater to customers who order and consume food within the establishment.

Restricted use shall mean a use which would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the surrounding area, would not be detrimental to the public health, safety, welfare, morals, order, comfort, convenience, or appearance.

Retail drug stores shall mean establishments engaged in the retail sale of prescription drugs, proprietary drugs, and non-prescription medicines, and which may also carry a number of related lines, such as cosmetics, toiletries, tobacco, and novelty merchandise.

Retail sporting goods stores and toy stores shall mean establishments primarily engaged in the retail sale of sporting goods, sporting equipment, bicycles, toys, games and hobby supplies.

Retailers, non-store shall mean establishments primarily engaged in the retail sale of products by television, catalog, and mail-order. These establishments do not ordinarily maintain stock for sale on the premises. Separate stores operated by catalog and mail-order houses for retail sale of products on the premises are classified according to product sold.

Retention shall mean the collection and storage of stormwater without subsequent discharge other than through percolation, evaporation, or transpiration.

Right-of-way shall mean a strip of land taken or dedicated for use as a public way or such use as is set forth in the instrument establishing the right-of-way.

Road impact construction shall mean land construction designed or intended to permit a use of the land which will contain more dwelling units, buildings or floor space than the existing use of land, or to otherwise change the use of the land in a manner that increases the generation of vehicular traffic or the number of external trips.

Roominghouse shall mean a single-family house, wherein furnished rooms without cooking facilities are rented for a valuable consideration, to one or more individuals unrelated by blood or marriage to the owner or operator of the house.

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

Sanitary sewer service shall mean sewer service provided by sanitary sewer designed to serve a large service area and usually more than one land use type. These facilities have the intent and potential for expansion of their service areas.

School, charter shall mean a publicly financed independent elementary, middle, secondary or other school established by teachers, parents, or community groups under the terms of a charter with the Leon County School Board, pursuant to F.S. ch. 1002.

School, elementary shall mean a facility which is in compliance with the compulsory school attendance law, F.S. ch. 232, and provides a curriculum of elementary academic instruction.

School interlocal agreement shall mean the lnterlocal agreement for Tallahassee-Leon County Schools Public School Concurrency and Facility Planning between the City of Tallahassee, Leon County and the School Board of Leon County, approved September 1, 2006, as amended.

School, private shall mean an elementary or secondary school (middle or high) that is financially supported by a private individual or private organization rather than governmental entities. A private school is not a charter school.

School, public shall mean an elementary or secondary school (middle or high) that is financed by governmental entities.

School, secondary shall mean a facility which is in compliance with the compulsory school attendance law, F.S. ch. 232, and provides a curriculum of secondary academic instruction.

School, vocational. See "Vocational and adult education center."

Sediment shall mean soil or other surface material, whether mineral or organic, that is in suspension, is being transported, or was moved from its site of origin by stormwater.

Setback, building shall mean the shortest distance between the building or structure and the lot line, whether front, side, or rear, measured from the lot line to vertical exterior walls.

Shade tree shall mean any self-supporting woody plant of a species that is generally well-shaped, well-branched, and well-foliated which normally grows to an overall minimum height of 35 feet with a minimum average mature crown spread of 30 feet, and which is commonly accepted by local horticultural and arboricultural professionals as a species which can be expected to survive for at least 15 years in a healthy and vigorous growing condition over a wide range of environmental conditions. A listing of suggested shade trees shall be maintained by the director of development support and environmental management.

Shared parking shall mean the use of the same off-street parking spaces for two or more distinguishable uses where peak parking demand of the different uses occurs at different times of the day, or where various uses are visited without moving the automobile, and where the provision of parking spaces is a net decrease from the combined total of each use's individual off-street parking requirements, if provided separately.

Shopping center shall mean a group of two or more retail and service establishments of more than 25,000 square feet gross floor area on the ground floor and located on commonly owned property, sharing the same parking facilities and connected together by common walls, interior aisles, or malls.

Shrub shall mean a woody perennial plant differing from a perennial herb by its persistent and woody stems and from a tree by its low stature and habit of branching from the base.

Side-loaded garage shall mean a garage attached to the principal structure where the vehicle-access entry-way is oriented at least 90 and not more than 120 degrees away from both the front door of the house and the front yard of the property.

Sidewalk. A hard-surfaced walkway or pathway constructed of concrete, or other durable material, built to specifications of Leon County, for purposes of facilitating pedestrian access along a thoroughfare or internal to a development.

Sidewalk area trust fund account. A trust fund account established by Leon County for the express purpose of collecting fees paid in-lieu of sidewalk construction within a specified geographic sidewalk trust fund area and from which revenues will be obtained and used solely for purposes of improvement of the pedestrian mobility system within that specified geographic area or, in combination with revenues from additional sidewalk trust fund areas, for the sole purpose of improvement of pedestrian mobility system facilities extending into these multiple specified geographic areas.

Sidewalk trust fund areas. The five subdivisions of Leon County corresponding to those portions of the five county commission districts as of March 31, 2004, located within unincorporated Leon County and within the urban services area.

Sight triangle shall mean the length of road visible to a driver on a side street or driveway to observe oncoming objects on the main street, measured from a point on the side street or driveway at least 20 feet from the edge of the major road pavement and from a height of 3.5 feet on the side street or driveway to a height of 4.25 feet on the major road. The vehicular site distance varies by operating speed of vehicles on the roadway and the grade of the main street, as referenced in City of Tallahassee, or the county, driveway and street connection regulations.

Silviculture management plan shall mean a plan prepared by a qualified forester, or by the state division of forestry, outlining the particular proposed silviculture management system and ultimate management goals of a silviculture operation.

Silviculture practice or operation shall mean a process following accepted forest management principles whereby the crops constituting forests are tended, harvested, and reforested.

Single room occupancy housing (SRO) shall mean multitenant buildings utilized for residential purposes wherein units are available for occupancy by a single individual capable of independent living which may or may not contain food preparation and/or sanitary facilities which shall include at least one habitable room of at least 150 square feet. Habitable rooms include space for sleeping, eating, or food preparation; not included as habitable are closets, halls, toilet compartments, bathrooms, and storage areas.

Site shall mean the total area within the property boundaries of a principal parcel to be developed, or contiguous parcels intended for development under a common scheme or plan.

Site and development plan shall mean the depiction and associated information describing the proposed development the applicant intends to build. The county's review and decision regarding a site and development plan is a legislative act of the county.

Site map shall mean a depiction and associated information describing a parcel or parcels proposed for subdivision or development which depicts the use and conditions of the site at the time an application is submitted which is to be used in evaluating the feasibility and design characteristics of a proposed subdivision or commercial development.

Site plan shall mean a plan prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.

Slope shall mean the angle of incline or decline of the ground surface, expressed as a ratio (e.g., 3:1) with the horizontal component appearing as the first number, or as a percentage representing a fraction the denominator of which is the horizontal component (e.g., 33 1/3 percent = 1/3 ).

Solid waste shall mean sludge from a waste treatment works, water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations (as defined by F.A.C. ch. 9J-5.002(88)).

Sorority house: See "fraternity or sorority houses."

Special concern species, based on the same criteria and analogous to the state and federal list, shall mean a species, subspecies, or isolated population which warrants special protection, recognition, or consideration because it has an inherent significant vulnerability to habitat modification, environmental alteration, human disturbances, or substantial human exploitation which, in the foreseeable future, may result in its becoming a threatened species. Such a population may:

(1)

Already meet certain criteria for designation as a threatened species, but for which conclusive data are limited or lacking;

(2)

Occupy such an unusually vital and essential ecological niche that should it decline significantly in numbers or distribution, other species would be adversely affected to a significant degree; or

(3)

Have not significantly recovered from past population depletion.

This term includes all members of the plant or animal kingdom which are defined and listed as species of special concern in F.A.C. tit. 39 or in any other official state or federal law, rule, or regulation.

Species, endangered shall mean any species, subspecies, or isolated population of fish, wildlife or plant as defined by the Comprehensive Plan.

Species of special concern are defined based on the same criteria and analogous to the state and federal list: A species, subspecies or isolated population which warrants special protection, recognition or consideration because it has an inherent significant vulnerability to habitat modification, environmental alteration, human disturbances, or substantial human exploitation which, in the foreseeable future may result in its becoming a threatened species; may already meet certain criteria for designation as a threatened species but for which conclusive data are limited or lacking; may occupy such an unusually vital and essential ecological niche that should it decline significantly in numbers or distribution, other species would be adversely affected to a significant degree, has not significantly recovered from past population depletion.

Species, threatened. See "threatened species."

Square footage shall mean the gross floor area measured in square feet from the exterior faces of exterior walls or other exterior boundaries of the building, excluding areas within the interior of the building which are utilized for parking. For purposes of this chapter, square footage may also include, depending on land use and the ITE Trip Generation Manual, the gross area, measured in square feet, of any portion of the land outside of any building which is designed and used for the conduct of the principal use of the land, not including parking and other accessory activities. For shopping centers, gross leasable area (GLA) shall be utilized in calculating impact fees, consistent with the ITE Trip Generation Manual.

Standard ecological parameters shall mean acquired scientific data such as floristic composition, wildlife composition, published scientific research, disturbance history, and land management history.

Standard industrial code (SIC) or standard industrial classification (SIC) shall mean the statistical classification standard underlying all establishment-based federal economic statistics classified by industry.

Start of construction includes substantial improvement, and shall mean 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 structure (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, pier, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

State highway system shall mean the road system of the state as defined in F.S. § 334.03(19), or its statutory successor in function.

Storage system shall mean any tank, container, drum or storage component including all integral piping or pumping equipment that contains a regulated substance.

Stories shall mean that habitable portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above, and having a ceiling height of not less than seven feet.

Stormwater shall mean the flow of water which results from, and which occurs during and immediately following, a rainfall event.

Stormwater management control officer shall mean a site supervisor who is responsible for the day-to-day operation, maintenance, and management of all stormwater, erosion, and sedimentation control techniques on-site during development, who is easily contacted in event of emergency, and who has adequate authority within the particular development project administration to ensure compliance with Article IV.

Stormwater management facility shall refer to a component of a stormwater management system.

Stormwater management plan shall mean the detailed analysis, drawing, and related supporting documents which describe how the proposed stormwater management system for the development has been planned, designed, and will be constructed to meet the requirements of this chapter.

Stormwater management system shall mean the structural, nonstructural, and designed features of a property or watershed which are implemented to control stormwater, incorporating methods and facilities to collect, convey, channel, divert, store, absorb, inhibit, treat, use, or reuse water in order to prevent or reasonably protect against erosion, excessive ponding, flooding, over-drainage, environmental degradation or water pollution, or otherwise affect the quantity or quality of stormwater.

Street shall mean a vehicular way whether called among other names street, highway, roadway, thoroughfare, parkway, road, avenue, boulevard, lane, or place. Easements of access shall not be considered streets under this definition.

Street, arterial shall mean a street and highway facility, including full and partial access controlled highways and major interstate, intercounty, intracounty and urban area entrance highways which are designed to carry the highest traffic volumes and the longest trips through and within the county.

Street, frontage shall mean a street which is situated parallel to and adjacent to arterial and/or collector roadways and which provide access to abutting properties while providing separation from through traffic.

Street, local shall mean a street which collects traffic from adjacent land uses and channels it to the collector/arterial roadway system. Local streets are intended to carry the lowest traffic volumes. Local streets can provide access to small homogeneous residential, commercial, office, or industrial land uses.

Street, major collector shall mean a street which channels traffic between arterials, from other collector streets to the arterial system, and from a major activity center to the arterial street system. Major collector streets may sustain retail and other commercial establishments along its route, and may carry relatively high traffic volume.

Street, minor collector shall mean a street which conducts traffic from a number of minor streets to the major collector/arterial system, between other collectors, and from activity centers to a street of higher classification. Minor collectors are predominantly residential in nature, generally with lower volumes, shorter trip lengths, and fewer trips than major collectors.

Street, private shall mean any street which has not been dedicated to a public body for public use and which provides access to more than one landowner's property, and whose primary function is traffic circulation rather than access to individual parking spaces.

Street, public shall mean any street designed to serve more than one owner's property which is dedicated for public use and protected for maintenance by the Board of County Commissioners or other public body.

Street, right-of-way width shall mean the distance between property lines measured at right angles to the centerline of the street.

Structure shall mean anything constructed, installed or portable, the use of which requires a location on a parcel of land. This term also includes billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs.

Subdivision shall mean:

(1)

Except as provided in subsection (2) of this definition:

a.

The division of parcel(s), improved or unimproved, previously platted or not, into two or more contiguous lots.

b.

The division of land zoned residential or nonresidential into units, by deed, agreement for deed, metes and bounds description, devise, intestacy, map, plat, or other recorded instruments. Subdivision shall include creation of condominiums and cooperatives.

c.

When appropriate to the text, the process of subdivision refers to the process of subdividing, or to the land proposed to be subdivided or which has been subdivided.

(2)

The following are not subdivisions that require subdivision review pursuant to Division 4 of Article VII but shall require the developer or landowners to comply with all other applicable ordinances. The developer or landowner shall file an affidavit and shall record the division of the property or adjustment of property description in the public records of the county.

a.

Boundary settlement: Any conveyance between adjoining landowners if:

1.

The purpose of the conveyance is to adjust or settle the common boundary line between adjoining landowners; and

2.

Such purpose is stated in the instrument of conveyance or is stated in a separate instrument recorded in the public records of the county; and

3.

The resulting parcels lawfully allow the construction of at least one single-family dwelling unit on each parcel, pursuant to the provisions of the Comprehensive Plan and other county ordinances.

b.

Conveyance to government and franchisee: Any division or redivision of a parcel of land, the sole purpose of which is to convey a part thereof to any governmental entity or agency for a bona fide public purpose, provided that such conveyance is accepted by such governmental entity or agency by an instrument recorded in the public records of the county. This exemption includes conveyance to a public or private entity which is a franchisee of the county for services such as, but not limited to water, sewer, electric, or cable television purpose.

c.

Creation of equal or larger parcels: Any division or redivision by recorded instrument or instruments of a lot or lots in a previously platted or unrecorded subdivision, the sole purpose of such division or redivision is to create new parcels each of which is at least equal in size to the smallest existing lot or lots.

d.

Corrective instruments: Any conveyance from a grantor or the grantor's successor in a deed recorded in the public records of the county, to the same grantee or the grantee's successor in the deed, if the purpose of such conveyance is solely to correct defects in a prior recorded deed.

e.

Additional dwelling units without subdivision: Any development of additional dwelling units on undivided property by the landowner(s) of such property consistent with the existing zoning designation including density limits, shall be allowed with the recordation of an affidavit by the said landowner(s) stating that additional density was added without subdivision.

f.

Any division or redivision of a parcel of land made pursuant to the order of a court of competent jurisdiction.

(3)

When the adjustment of property lines and property line descriptions as outlined in (2)a., above, is between properties that are owned by members of the same family as defined in F.S. § 163.3179, and boundary adjustment is for the sole purpose of allowing the construction of an addition to an existing single-family home, the landowners of the properties involved shall be exempted from the affidavit recording provisions of this section upon demonstration to the county that the properties comply with the ownership requirements established in this section, and the resulting properties are in compliance with the applicable provisions of the county's land development code.

Subdivision sign shall mean any sign designed to identify a subdivision or neighborhood.

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 market value of the structure before the damage occurred. This term also includes "repetitive loss" structures as defined herein.

Substantial development shall mean that all required permits to complete the development have been obtained; permitted clearing and grading has commenced on any significant portion of the development subject to a single final development order; and the actual construction of water and sewer lines, or streets, or the stormwater management system, on such portion of the development is complete or is progressing in a manner that significantly moves the entire development toward completion.

Substantial improvement shall mean any reconstruction, rehabilitation, addition, or other improvement of a structure, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. This term does not, however, include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. This term does not include any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Surety device shall mean evidence of security adequate to assure the installation and completion and maintenance of all specified or required improvements. Acceptable surety devices include a cash deposit, a surety bond, an irrevocable simple letter of credit, or any other financial assurance acceptable to the county attorney guaranteeing installation or maintenance of all required improvements within a reasonable period of time.

Surface water shall mean water upon the surface of the earth, whether diffused or contained in natural or artificial bounds.

Swale shall mean a manmade trench which:

(1)

Has a top width-to-depth ratio the cross-section of which is equal to or greater than 6:1, or side slopes equal to or greater than three feet horizontal to one foot vertical;

(2)

Contains contiguous areas of standing or flowing water only during or following a rainfall event;

(3)

Is planted with or has stabilized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake; and,

(4)

Is designed to take into account the soil erodibility, soil percolation, slope length, and drainage area so as to prevent erosion and reduce pollutant concentration of any discharge.

Technical coordinating committee shall mean a select group of county and state employees and utility providers with technical expertise whose task it is to review land use applications which will subsequently be considered by the county administrator or designee, planning commission or Board of County Commissioners.

Temporary use shall mean a use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.

Threatened species are defined based on the same criteria and analogous to the state and federal list: Any species of fish, wildlife and plants naturally occurring in Florida which exists in such small populations as to become endangered if it is subjected to increased stress as a result of further modifications of its environment.

Timbering: See "silviculture practice or operation."

Tower permit means a permit for the use and location of a communication tower subject to the requirements of this section.

Tower site means a parcel of land smaller than the minimum lot size required in the zoning district completely contained within a lot meeting the requirements of the zoning district for the purposes of locating a communication tower.

Townhouse shall mean a single-family dwelling unit attached to one or more single-family dwelling units by not more than two party walls.

Transient lodging: See "Hotel/motel definition."

Transitional residential facilities shall mean facilities or structures, operated or maintained by a public or not-for-profit corporation or association, religious institution, or government-funded organization to provide shelter for homeless individuals and families on a temporary or transitional basis, with the duration of stay limited to a period not exceeding one year. Normal and customary use of a dwelling unit by a single-family is specifically excluded from the requirements of this chapter. Transitional residential facilities may also provide services to residents accessory to the provision of shelter, including but not limited to, dining facilities and meal preparation, and referral, counseling and educational programs.

Transportation corridor shall mean a broad geographical band that follows a general directional flow or connects major sources of trips. It may contain a number of streets and highways and transit lines or routes.

Transportation and freight handling activities: Terminals with the capability of handling a large variety of goods involving various forms of transportation and providing multimodal shipping capabilities, such as rail to truck and truck to air.

Transportation system shall mean a coordinated system made up of one or several modes of transportation serving a common purpose of the movement of people, goods, or both.

Travel trailer shall mean a portable vehicular structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, with a body width not exceeding eight feet and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons. For the purposes of these regulations, the term includes recreational vehicle, pickup campers, camping trailers, and motorized homes (living facilities constructed as integral parts of self-propelled vehicles).

Tree shall mean any self-supporting woody plant having at least one well-defined stem a minimum of two inches DBH, and which normally grows to a minimum height of 25 feet in the county area.

Tree credit or debit shall mean a numerical representation of the value of a two-inch DBH eight-foot high tree, used to assign values to trees of various sizes to calculate either credit against reforestation requirements, as in the case of trees protected during the development process, or debit to determine the extent of replanting required, as in the case of removal of protected trees.

Tree pit shall mean a pit that is minimum three feet by three feet opening through an impervious surface which provides an unconfined growing space and suitable rooting environment to support planted material, as consistent with established horticultural practices to provide aeration, drainage, and other conditions necessary for healthy root growth.

Tree removal shall include the following acts and incidences constituting tree removal as regulated under this chapter:

(1)

The actual removal of a live tree;

(2)

Any unmitigated encroachment within a distance of three-fourths of the radius of the critical protection zone of a protected tree;

(3)

Any damage to 30 percent or more of the crown of a protected tree within the vertical projection of its critical protection zone; or

(4)

Any other action or activity likely to significantly damage or cause a premature death of a protected tree.

Trip shall mean a one-way movement of vehicular travel from an origin (one trip end) to a destination (the other trip end). The word trip shall have the meaning which it has in commonly accepted traffic engineering practice.

Trip generation or trip generator rate shall mean the maximum average daily trip generation rates at peak hour for the applicable trip generation land use category, as adjusted by the impact fee study.

Trip generation land use category shall mean the trip generation land use categories established in the Trip Generation Report published by the Institute of Transportation Engineers in the edition existing on the adoption date of this Code or the most current edition on the effective date of any revisions to the impact fee study.

Twenty-five-year floodplain shall mean any land which is subject to a four percent or greater chance of flooding in any given year.

Underbrushing shall mean the removal of understory vegetation, either by hand or with the use of equipment, which neither disturbs the soil nor causes the destruction of any tree.

Undeveloped shall mean not having a building or more than five percent impervious area on the property.

Undisturbed buffer shall mean a natural area to be preserved in a natural and absolutely unaltered state, which also serves to reduce impact between adjacent areas or land uses.

Urban forest , as defined outside of the incorporated areas of Leon County, shall mean an association of trees and other woody and herbaceous vegetation which may not be recognizable as a forest natural community type, but which now provides a visual counterpoint to urbanization by creating a forested effect along roadways, buffering development along roadways, providing wildlife areas and corridors, and buffering between and within developed areas, and which has the following characteristics:

(1)

An association of trees which provides a forest-like visual appearance with large, medium, and small species and individuals in a natural-like setting.

(2)

Remnant planted or naturally regenerated pines, hardwoods, or other native tree species.

Urban service area shall mean that area which includes all of the City of Tallahassee and a portion of the county which is to be developed at urban levels of density or intensity either immediately or over the course of the planning period. The boundaries of the urban service area are as established in the Comprehensive Plan, as amended.

Utility or utility, public shall mean a commodity or service which is of public consequence and need, including, but not limited to, electricity, natural gas, sanitary sewers, water, drainage, telephone, cable, television and transportation services.

Variance shall mean a grant of permission to the applicant to allow the applicant to deviate, in whole or in part, from a requirement of this chapter.

Vehicular use area shall mean any ground surface area, excepting public rights-of-way, used by any type of vehicle, whether moving or at rest, for such purposes as driving, parking, loading, unloading, storage, or display, including new or used car lots; activities of a drive-in nature in connection with banks, restaurants, filling stations, grocery and dairy stores; and other vehicular uses under, on, or within buildings.

Vested rights staff committee shall mean a committee consisting of the following persons or their designated representatives: the county attorney, the director of planning and the director of development support and environmental management.

Vicinity map shall mean a drawing located on a plat which sets forth, by dimension or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the county in order to better locate and orient the area under consideration.

Vines shall mean any group of woody or herbaceous plants which may climb by twining, or which normally require support to reach mature form.

Visual screen shall mean a barrier of living or nonliving landscape material which separates and obscures an area from view.

Vocational and adult education center shall mean a facility intended primarily for the vocational or community education of high school age and adults.

Waiver shall mean a grant of permission which is authorized under this chapter that authorizes an applicant to deviate from specific standards or provisions of article VI.

Wall sign shall mean a sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building wall.

Warehouses, mini-warehouses, or self-storage facilities shall mean a building(s) used primarily for storage of goods and materials.

Water body shall mean any natural or artificial pond, lake, reservoir, or other area which normally contains surface water.

Watercourse shall mean any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash, in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, banks or bed. For preservation purposes, see definition in section 10-4.102.

Watershed shall mean all of the land area which contributes to the flow of surface water into a water body or specific point.

Well shall mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for conveying groundwater to the surface, monitoring the groundwater level, providing cathodic protection or providing a method of injecting water from above the earth's surface.

Wet detention shall mean a water quality treatment system that utilizes water-tolerant vegetation and which removes pollutants through settling, absorption by soils, and nutrient uptake by vegetation, and in which a design water pool is normally maintained which has a capacity to provide extended detention for the required stormwater treatment volume.

Wetland shall mean an area included within the landward extent of surface waters of the state, pursuant to applicable rules in the Florida Administrative Code, or any area which is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and which under normal circumstances does support a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described in this definition. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. Wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas.

Wholesale activities shall mean establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Wildlife habitat enhancements shall mean elements of a landscape design which facilitate the use of a landscaped area by wildlife. Such elements may include hummingbird and butterfly gardens, use of native shrubs which provide food for wildlife, birdhouses, bathhouses, and water gardens.

Window sign shall mean any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior.

Xeriscaping shall mean landscaping or other planting or preservation of areas in a manner that will require minimal irrigation for survival of vegetation, including planting or preservation of native and natural species.

Yard, required shall mean the minimum lot area as specified in these regulations for front, side, and rear yards, as distinguished from any yard area in excess of the minimum required.

Zero lot line shall mean the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

(Ord. No. 07-20, § 2, 7-10-07; Ord. No. 07-21, § 1, 7-10-07; Ord. No. 08-03, § 11, 1-29-08; Ord. No. 08-17, § 1, 7-22-08; Ord. No. 08-23, § 1, 11-25-08; Ord. No. 08-26, § 2, 11-25-08; Ord. No. 09-03, § 1, 1-15-09; Ord. No. 09-17, § 1, 6-11-09; Ord. No. 09-21, § 2, 7-14-09; Ord. No. 09-23, § 1, 7-14-09; Ord. No. 09-26, § 1, 8-25-09; Ord. No. 09-33, § 1, 10-13-09; Ord. No. 10-01, § 1, 1-19-10; Ord. No. 12-07, § 1, 5-8-12; Ord. No. 12-17, § 1, 12-11-12; Ord. No. 14-10, § 1, 6-10-14; Ord. No. 15-08 , § 1, 7-7-15; Ord. No. 16-07 , § 1, 5-10-16; Ord. No. 16-11 , § 1, 7-12-16; Ord. No. 17-01 , § 1, 1-24-17; Ord. No. 17-10 , § 1, 6-20-17)