§ 138-1. Definitions and rules of construction.

The terms and definitions expressed below shall be applicable to this chapter.

(a)

For the purpose of this chapter, words used in the present tense include the future; words in the singular number include the plural and words in the plural number include the singular; the words "used for" shall include the meaning "designed for"; the word "structure" includes the word "building"; the word "shall" is mandatory and not discretionary. The words "he," "she" and "it" are interchangeable.

(b)

The following terms as used in this chapter are used only in accordance with the following definitions:

Abandon means to discontinue or terminate a use for more than 180 consecutive days.

Accessory means the term applied to a building, structure or use which:

(1)

Is subordinate to and serves a principal building or principal use;

(2)

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

(3)

Contributes to the comfort, convenience or necessities of the users or occupants of the principal building or principal use; and

(4)

Is located on the same lot as the principal building or principal use, provided such use is in keeping with the purpose and intent of the district in which located.

Accessory dwelling unit means as defined in chapter 138, article III, division 3. Accessory dwelling unit, owner/manager means as defined in chapter 138, article III, division 3.

Accident means an event that happens unexpectedly, without misconduct or a deliberate plan or cause.

Act of nature means an overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, tropical cyclone, or tornado, and including all natural phenomena that are exceptional, inevitable and irresistible, the effects of which could not be prevented or avoided by the exercise of due care or foresight.

Administrative adjustment means as defined in chapter 138, article II, division 7.

Affordable housing development means as defined in chapter 138, article III, division 3.

Animated sign means any sign which includes action, motion, the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy or set in motion by movement of the atmosphere, or a sign made up of a series of sections that turn and stop to show two or more pictures or messages in the copy area. In order to accommodate changes in technology, but to prevent such changes from creating distractions to the motoring public, "animated signs" shall include electronic reader boards unless the message changes instantaneously, without scrolling, and at a frequency of greater than one minute between message changes.

Antenna means any exterior apparatus designed for telephonic, radio, or television communications through the sending or receiving of electromagnetic waves, not including a tower.

Articulation, architectural means the fragmentation of building form and surface in order to break up large, otherwise featureless spaces, masses or volumes into more human scaled components.

Area inundated by a category 2 hurricane means the area determined by the Sea, Lake and Overland Surges from Hurricanes (SLOSH) model to be inundated by a category 2 hurricane, as depicted on the most recent Regional Evacuation Study, Storm Tide Atlas.

Assisted living facility means as defined in chapter 138, article III, division 3 and as defined in F.S. ch. 429, part I.

Bed and breakfast inn means as defined in chapter 138, article III, division 3.

Building, completely enclosed means a structure with a roof and having the entire area under the roof totally enclosed by walls with no more than 20 percent of the total wall surface area having openings and no more than 50 percent of any one side wall surface area having openings. It shall be the intent of this term, where used in this chapter 138, to provide indoor locations for certain uses which may be noisy, odiferous, noxious, aesthetically displeasing, or which may have similarly undesirable effects on nearby properties. By requiring such indoor locations, these undesirable effects can be reduced, mitigated, and buffered to such a degree so as to provide neighboring properties with reasonable protection from such potentially undesirable effects.

Building, height of means as described in chapter 138, article X, division 1.

Business service means an occupation or service requiring the utilization of a manual, mechanical, or specialized skill which involves neither the on-premises use of heavy machinery or equipment nor primarily the sale of merchandise or conveyance of a product.

Chicken refers to Gallus domesticus.

Chicken enclosure means a fenced (or wire) area, or pen, required in association with a coop in order to provide an outside exercise area for chickens free from predators, and of a size that allows for access to a foraging area, sunlight, etc.

Coastal high hazard area, as defined in the Pinellas County Comprehensive Plan means the area defined by the Sea, Lake and Overland Surges from Hurricanes (SLOSH) model to be inundated from a category one hurricane, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas.

Coastal storm area means the area delineated in Figure 2 of the Coastal Management Element of the Pinellas County Comprehensive Plan, which encompasses all of the following: the Coastal High Hazard Area as defined in the Pinellas County Comprehensive Plan; all land connected to the mainland of Pinellas County by bridges or causeways; those isolated areas that are defined by the SLOSH model to be inundated by a category 2 hurricane or above and that are surrounded by the CHHA or by the CHHA and a body of water; and all land located within the velocity zone, as designated by the Federal Emergency Management Agency (FEMA). If 20 percent or more of a parcel of land is located within the coastal storm area, then the entire parcel shall be considered within the coastal storm area. However, if either a parcel of land or a group of parcels that are part of a master development plan is equal to or greater than five acres and less than 50 percent of the parcel or group of parcels is within the coastal storm area, the property owner may elect to provide a survey of the parcel or parcels to determine the exact location of the coastal storm area.

Community residential home means as defined in chapter 138, article III, division 3 and as defined in F.S. § 419.001.

Congregate care facility means as defined in chapter 138, article III, division 3 and as defined in F.S. ch. 429, part I.

Coop the covered house, structure or room that is required in order to provide chickens with shelter from the weather and with a roosting area protected from predators.

Day care facility, child and/or adult means as defined in chapter 138, article III, division 3.

Density means a ratio of dwelling units per acre of land. No portion of a dedicated public right-of-way or submerged lands may be calculated for density purposes.

Design element means the features of a building that include architectural style and facade details, the rhythm and proportion of windows, porches, doors, and vertical and horizontal features, and building form, scale, color, and materials and finish. See articulation, architectural.

Deterioration means as defined in chapter 22, buildings and building regulations, of the Pinellas County Code, article V, division 1, section 22-156.

Dormitory means as defined in chapter 138, article III, division 3.

Dwelling unit means a building or portion thereof designed as a unit for one family occupancy, not including hotels, motels, or mobile homes. This term shall include residential design manufactured homes as defined in this chapter. A dwelling unit shall have only one kitchen facility (sink, cooking unit, and refrigerator). Provisions for wetbars or food and drink preparation facilities for recreational purposes within or accessory to a dwelling shall not be considered a kitchen facility.

Dwelling, live/work means as defined in chapter 138, article III, division 3.

Dwelling, multiple family and their customary accessory uses means as defined in chapter 138, article III, division 3.

Dwelling, single family (attached) and their customary accessory uses means as defined in chapter 138, article III, division 3.

Dwelling, single family (detached) and their customary accessory uses means as defined in chapter 138, article III, division 3.

Dwelling, single family zero lot line and their customary accessory uses means as defined in chapter 138, article III, division 3.

Dwelling, three-family and their customary accessory uses means as defined in chapter 138, article III, division 3.

Dwelling, two-family and their customary accessory uses means as defined in chapter 138, article III, division 3.

Erosion means the process by which land surface is worn away by the action of wind, water, and gravity.

FAA means the Federal Aviation Administration, a division of the U.S. Department of Transportation.

Family means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or adoption, or the parent or legal custodian has a legal responsibility by court order to care for minor children in the household, no family shall contain more than six members, except as otherwise provided in this chapter.

FCC means the Federal Communications Commission.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be preserved in existing layout and topography in order to discharge the base flood without cumulatively increasing the water surface elevation more than one-tenth of a foot.

Floor area ratio (FAR) means a ratio of square footage of gross building floor area to square footage of land area.

Freeboard means a factor of safety expressed in feet above a base flood elevation for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Freeboard results in significantly lower flood insurance rates due to lower flood risk.

Heavy equipment means any farm tractors, machinery or implements, or heavy equipment, including earthmovers, backhoes, draglines, bulldozers, trenchers, rollers, scrapers, semi tractors and trailers and similar equipment. This does not include small gardening or landscape maintenance equipment.

Home occupation means an accessory use in a residential area consisting of an occupation or activity performed entirely within a dwelling or authorized accessory structure. The home occupation is to be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof.

Home satellite dish means a device used to receive satellite broadcast signals, usually parabolic, dish-shaped antenna, one meter or less in diameter.

Hospital means as defined in chapter 138, article III, division 3.

Hotel/motel means as defined in chapter 138, article III, division 3.

Household pets means and includes animals which are normally considered as household pets and which can be maintained and cared for within the living space of a residence. Such animals may include but are not limited to dogs, cats, small rodents, small reptiles, fish, small birds, such as parrots and parakeets, and other similar animals. Livestock and service animals as defined by Florida law and the Americans with Disabilities Act are not included. For nontraditional pets see Article IX.

Junk yard means a parcel of land upon which the principal or accessory use is the accumulation of used, discarded, or worn out materials or manufactured products which may or may not be reusable or saleable. This shall not include recycling operations for metal, paper, or similar materials when located entirely within an enclosed building.

Kennel/pet care means as defined in chapter 138, article III, division 3.

Land filling of more than 1,000 cubic yards means as defined in chapter 138, article III, division 3.

Livestock means and includes those animals which are normally considered as farm animals, such as cattle, goats, sheep, horses, ponies, mules, pigs, chickens, ducks, geese, other similar farm animals, and wild animals licensed pursuant to state law. This definition is not intended to include household pets, or wild animals living within their native habitat.

Loading space means a space which provides for the loading or unloading of delivery vehicles.

Lot means an area of land designated on a recorded plat as an individual tract. A lot may also include an unplatted parcel of land that meets the minimum underlying zoning requirements.

Lot/parcel depth means the distance measured in the direction of the side lines of the lot from the midpoint on the front lot line to the midpoint of the opposite main rear line of the lot or the average horizontal distance between the front and rear lot lines.

Lot/parcel width means the width of the lot at the minimum front building setback line. For a lot fronting on a cul-de-sac, lot width may be measured at the midpoint of depth at the side lot lines.

Mass transit center means as defined in chapter 138, article III, division 3.

Mini-storage means as defined in chapter 138, article III, division 3.

Mobile home and their customary accessory uses means as defined in chapter 138, article III, division 3.

Mobile home park and their customary accessory uses means as defined in chapter 138, article III, division 3.

Mobile home site means a space or plot of ground within a mobile home park designated for the accommodation of not more than one mobile home.

Mobile home subdivision and their customary accessory uses means as defined in chapter 138, article III, division 3.

Modern manufactured home means a structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an offsite manufacturing facility after June 1, 1994, in one or more sections, with each section bearing the HUD Code Seal certifying compliance with the Federal Manufactured Home Construction and Safety Standards Act, designed to be transported for installation or assembly at the building site. Also known as a "HUD-Code Home." This definition does not include recreational vehicle, mobile home or modular home.

Modular home means a dwelling units that consists of multiple modules or sections that is manufactured in a remote facility and then delivered to its intended site for use where it is assembled on a permanent, fixed foundation and constructed to the same Florida, local, or regional building codes as a site-built home.

MS4 or Municipal Separate Storm Sewer System means a large, medium, or small MS4 as defined in chapter 62-624, F.A.C.

NOI or notice of intent means authorization to discharge stormwater associated with industrial activity to surface waters under a NPDES permit. All discharges must be entirely composed of stormwater.

NOT or notice of termination means elimination of the stormwater discharges associated with construction activities authorized by the NOI.

Nonconforming means a use, structure, lot or parcel, or combination thereof, which was lawfully established according to the rules and regulations in force at the time of its establishment, but would be prohibited, restricted or further regulated under the terms of the current land development code.

Non-vertical water supply infrastructure/structures means any below ground structures such as wells, pipes, pumps, etc. (and their supporting above-ground minor appurtenances and structures), that facilitate the provision of high quality potable water or reduce potable water demand. Reservoirs are not included in this definition.

NPDES or National Pollutant Discharge Elimination System means the permitting process by which technology based and water quality based controls are implemented to eliminate discharges or pollutants into waters of the U.S.

Nursing home means as defined in chapter 138, article III, division 3 and as defined in F.S. ch. 400, part II.

Office service/office support use means an occupation or service attending primarily to one's personal care or apparel; examples of which include hair and beauty care, clothing repair or alteration, dry cleaning/laundry (collection and distribution only), and like personal service uses; and office equipment or supplies, and like office support uses. Any assembly, sale or merchandise, or conveyance of a product in support of a personal service or office support use shall be clearly accessory, incidentally, and secondary to such use.

Off-shore tour vessel and water transport means as defined in chapter 138, article III, division 3.

Open space means the land and/or water areas between and around structures, the pervious area of a site with soils sufficient to promote healthy plant growth, including required recreation areas, stormwater detention areas, or preservation areas. This shall not include parking areas unless designed as pervious areas in accordance with the stormwater manual.

Outdoor storage, residential means as defined in chapter 138, article III, division 3.

Parcel means any individual tract of land or area of land or water owned under unified ownership.

Personal/business service use means an occupation or service requiring the utilization of a manual, mechanical, or specialized skill which involves neither the on-premises use of heavy machinery or equipment nor primarily the sale of merchandise or conveyance of a product. Any production, processing, or assembly shall clearly be secondary and incidental to the primary use characteristics.

Place of worship (or) religious institution means any physical site or premises such as a church, synagogue, temple, mosque, cathedral, chapel, tabernacle or similar place which is used primarily or exclusively for religious worship and incidental ancillary activities.

Porch means a structure that extends along the outside of a building consisting of a floor that is typically raised above the finished horizontal elevation of the lot. The porch is unenclosed except for a balustrade and the flooring and may be roofed or open to the sky. When located within the front or side yard, the porch typically provides a primary access into the structure. When providing primary access, the design elements of the porch are typically consistent with those of the attached structure and include the finish materials of any exterior surface, stem wall materials and/or foundation skirting.

Principal/primary use means the most dominant use, building, or structure located on a lot or parcel.

Property line means a legally defined line, which separates a lot or parcel from an adjoining lot or parcel or right-of-way.

Property management office, residential means as defined in chapter 138, article III, division 3.

Repeat violation means a violation of a provision of a code or ordinance by a person who has been previously found, through a code enforcement special magistrate or any other quasi-judicial or judicial process, to have violated, or who has admitted violating, the same provision within five years prior to the violation, notwithstanding that the violations may occur at different locations. For the purposes of this definition, a plea of "no contest" or "nolo contendere" shall be deemed an admission of a violation.

Residential design manufactured homes (RDMH) means manufactured homes as defined by state law which meet residential design standards contained in this chapter.

Right-of-way means land in which the state, a county, or a municipality owns the fee or has an easement devoted to or required for use as a transportation facility.

Satellite dish antenna means a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based stations. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs (television-reception-only), and satellite microwave antennas.

Setback means the horizontal distance between a structure and another structure, a property line, a right-of-way line, a body of water or other specific point as designated in this chapter.

Shopping center means a single unit or integrated group of commercial establishments which are planned, developed, and managed as a unit which is used primarily for the sale of goods and services. This does not include outparcels which meet site area and other requirements of this chapter.

Sign means any combination of structure and message in the form of an outdoor sign, display, device, figure, drawing, painting, message, placard, poster, billboard, advertising structure, advertisement, logo, symbol, or other form, whether placed individually or on a V-type, back-to-back, side-to-side, or used to advertise or inform, any part of the advertising message or informative contents of which is visible at any place. The term does not include an official traffic control sign, official marker or other official combination of structure and message caused to be erected or approved by the board of county commissioners, its designee, or other official public agency.

Solid waste means:

(1)

Class III sanitary landfill means the addition or deposit of trash, refuse, yard trash, or construction and demolition debris materials upon or within any lot or parcel. Such materials shall be limited to: yard trash, rubbish, and other vegetative material resulting from landscaping, maintenance or land clearing operations, including tree and shrub trimmings, grass clippings, palm fronds, tree limbs and stumps; construction and demolition debris including steel, concrete, glass, brick, asphalt, roofing material or lumber which are not water soluble and result from a construction or demolition project; and other trash and refuse including paper, cardboard, cloth, glass, white goods, street sweepings, vehicle tires, metals, mineral matter, and other similar materials not usual to housekeeping or to the operations of stores or offices.

(2)

Class I sanitary landfill means the addition or deposit of any putrescible matter or any solid waste not included within the materials permitted in a class III sanitary landfill, including garbage and other discharged solid or semisolid materials resulting from domestic, commercial, industrial, agricultural and governmental operations, but excluding solids or dissolved material in domestic sewage effluent or other significant pollutants in water resources, upon or within any lot or parcel. Garbage materials include kitchen and table food waste and animal or vegetative waste attendant with or resulting from the storage, preparation, cooking or handling of food.

(3)

Recycling means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

(4)

Solid waste means garbage, refuse, yard trash, construction and demolition debris, white goods, special waste, ashes, sludge or other discarded material, including solid, liquid, semisolid, or contained gaseous materials resulting from domestic, industrial, commercial, mining, agricultural or governmental operations.

(5)

Solid waste disposal facility means any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste.

(6)

Solid waste management means the process by which solid waste is collected, transported, stored, separated, processed or disposed of in any other way, according to an orderly, purposeful, and planned program.

(7)

Solid waste management facility or facility means any volume reduction plant, transfer station or other facility, the purpose of which is the resource recovery or disposal, recycling, processing or storage of solid waste. Such term does not include facilities which use or ship recovered materials unless such facilities are generating solid waste as part of the recovery process. For the purpose of this chapter, this term does not include any type of solid waste disposal facility. (Such uses are authorized through chapter 106, article III.)

(8)

Transfer station means a site, the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility.

(9)

Volume reduction plant means a pulverizer, grinder, compactor, shredding and baling plant, composting plant, or other plant which accepts and processes solid waste for recycling or disposal.

Special exception means a use that would not be appropriate generally or without restriction throughout the particular zoning district or classification but which, if controlled as to number, area, location or relation to the neighborhood, would not adversely affect public health, safety, comfort, good order, appearance, convenience, or the general welfare (see article II, division 7 of this chapter).

Stormwater means the flow of water which results from, and which occurs immediately following, a rainfall event. Any surface runoff and drainage of water from land surfaces, including the surfaces of buildings and other hardened surfaces on the land.

Stormwater pollution prevention plan (SWPPP) means a plan that is designed to reduce pollution at the construction site. The six phases of the plan are:

(1)

Site evaluation and design development.

(2)

Assessment.

(3)

Control selection and plan design.

(4)

Certification and notification.

(5)

Construction/implementation.

(6)

Final stabilization/termination.

Structural alteration means any extension, reduction, enlargement or rebuilding of the structural components of a building or structure. This shall not include any routine plumbing, electrical or mechanical repairs.

Structure means anything constructed, installed or portable, the use of which requires a location on a parcel of land. Such term includes a movable structure, while it is located on land, which can be used for housing, business, commercial, agricultural, or office purposes, either temporarily or permanently, including all caging designed to contain livestock. This definition shall include all decks which exceed one foot in height. Fences a maximum of six feet high, sidewalks, patio slabs, driveways, containers (tanks) covered by other codes, and utility poles are not considered structures except for permit requirements.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like.

Variance means as defined in chapter 138, article II, division 7.

Vehicle, recreational means and includes the following types of vehicles (each of the following shall have a body width not to exceed 102 inches and a body length not to exceed 40 feet when stored on residential parcels as an accessory use):

(1)

Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation, and vacation uses.

(2)

Pickup coach means a structure designed to be mounted on a truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation, and vacation uses.

(3)

Motor home means a portable, temporary dwelling to be used for travel, recreation, and vacation uses, constructed as an integral part of a self-propelled vehicle.

(4)

Camping trailer means a collapsible temporary dwelling structure mounted on wheels, and designed for travel, recreation, and vacation uses.

(5)

Auto camper means a lightweight, collapsible unit that fits on top of an automobile and/or into the trunk with the cover removed, and designed for travel, recreation, and vacation uses.

Vehicle site means a space or plot of ground within a travel park of a drive-through or back-in classification which is designated for the accommodation of not more than one recreational vehicle and its towing vehicle, if any.

Verified nonconforming use or structure means a use or structure that has been confirmed as nonconforming according to the procedure for the review and determination of applications for nonconforming uses of land and structures established by board of county commissioners Resolution No. 90-439.

Vertical water supply infrastructure/structures means any building, facility, fixture, machinery, reservoir or appurtenant structure used or useful to the provision of high quality potable water or to reduce potable water demand, including the development, supply, storage, distribution, treatment, conservation, acquisition or transfer of water to meet the needs of Pinellas County customers.

Waivers means as defined in chapter 138, article II, division 7.

Wellfield means an area of land that is developed or could be developed with one or more wells for obtaining water.

Zoning district means an area of the unincorporated part of the county designated by a single zone classification with uniform use regulations.

(c)

All other words, terms and phrases not defined in this section shall be defined according to their commonly accepted meanings.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)