§ 23-802. Definitions.


Effective on Tuesday, October 17, 2017
  • a. The words defined below are words which have special or limited meanings as used in this chapter and might not otherwise be clear. Words with self-evident meanings as used in this chapter are not defined here.

    b. Throughout this chapter, also referred to as this ordinance, the following words and phrases shall have the meanings indicated unless the text of the article or section in which used clearly indicates otherwise:

    Access point. The point where vehicles enter a site. A curb-cut.

    Accessory structure. See structure.

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

    Adult entertainment establishment. An adult theater, an adult bookstore, an adult dancing establishment or any enterprise that involves the activities defined in Ordinance 93-09, Section 6, as adult entertainment activities and that are operated for commercial or pecuniary gain. ("Operated for pecuniary gain" shall not depend upon actual profit or loss and shall be presumed where the establishment has an occupational license.) An establishment with an adult entertainment license, or seeking to obtain such a license in accordance with Ordinance 93-09, is presumed to be an adult entertainment establishment.

    Alley. See street.

    Aircraft establishment. A property or building for the storage, sale, manufacturing, or maintenance of airplanes, helicopters, or other aircraft. See also airport or heliport.

    Airport or heliport. A facility for the landing and take-off of aircraft and associated facilities, such as storage and repair facilities.

    Accessory unit. See dwelling, accessory unit.

    Accessory use. See use, accessory.

    Amusement establishment:

    Amusement establishment, indoor. A building or premises used for the provision of entertainment, or games, such as bowling alleys, and game rooms, but not including theaters or movie theaters. See also theater; theater, movie and cultural facilities.

    Amusement establishment, outdoor. Any facility for the provision of entertainment, exercise, or games which is wholly or partially outside of a building, such as mini-golf courses, skate board parks, exercise courses, driving ranges, and tennis clubs. Under this chapter, facilities provided in public parks or approved as part of a residential subdivision or planned development project are not considered amusement establishments for the purposes of regulation.

    Annexation. The incorporation of land into an existing community with a resulting change in the boundary of that community.

    Appeal means a request for a review of the administrative official's interpretation of any provision of this section or a request for a variance.

    Arboretum. A place where many kinds of trees and shrubs are grown for exhibition or study. Under this chapter, an arboretum is classified as a cultural facility.

    Area of shallow flooding means a designated AO or VO Zone on a Community's Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

    Area of special flood hazard is the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year.

    Arterial road. See street.

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

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

    (1) For alcohol-related large scale production:

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

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

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

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

    (1) For alcohol-related small scale production:

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

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

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

    Assembly or fabrication. The production of finished products from component parts. Assembly may include manufacturing, provided it is an incidental use. See also manufacturing.

    Automotive uses:

    Auto and truck rental. The display or storage of automobiles and/or trucks for rental.

    Auto and truck repair. The fixing or maintenance of automobiles or trucks, including body work or painting.

    Auto parking establishment. A premises or building which provides parking facilities for automobiles and/or vans for short periods of time, normally for a fee. A parking lot accessory to a residential or nonresidential building is not an auto parking establishment.

    Auto service station. A gas station or retail business for the sale of fuels for automobiles and including as accessory uses the sale of merchandise related to automobiles and provision of services such as minor repairs to automobiles.

    Auto, truck, or motor cycle dealer. Any premises or land area used for the display and sale or rental of new or used automobiles, trucks, or vans and including any repair service conducted as an accessory use. See also recreational vehicle, mobile home, or boat dealer.

    Car wash. Any entity, whether operating on a permanent or temporary basis, and whether operating for profit or not, engaged in the washing, cleaning, detailing, polishing, or waxing of vehicles or equipment. Specifically excluded are special events approved pursuant to section 23-344.

    Awning sign. See sign.

    Building. See structure.

    Bank. An establishment for the receiving, disbursement, lending, and keeping of money for customers. Investment offices, such as brokerage firms, are not classified as banks, but as offices.

    Bank with drive-up window means a bank with a facility for customers to make transactions from their vehicles.

    Bar, wine and beer means any establishment selling, providing or allowing the consumption of beer and/or wine on the premises.

    Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year (also called the "100-year flood" and the "regulatory flood").

    Base flood elevation means the highest water-surface elevation associated with the base flood.

    Basement means that portion of a building having its floor sub-grade (below ground level) on all sides.

    Bed and breakfast. An owner-occupied private home which offers lodging for paying guests for a limited time and may serve breakfast to the guests.

    Billboard. See billboard under sign.

    Boarding house. A building, or portion of a building, in which four (4) or more sleeping rooms are provided for occupancy by non-transient persons with or without meals for compensation on a prearranged weekly or monthly basis. A boarding or rooming house may include living quarters containing independent cooking facilities designed for the resident manager only.

    Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. "Breakaway wall" is used in this chapter with reference to flood damage prevention.

    Building. Any structure which fully encloses space for occupancy by persons or for their activities. For the purposes of measuring required setbacks, a building shall include any portion of a structure with a roof, whether or not the structure is enclosed.

    Building coverage. The gross land area covered by a building(s) including the total land coverage by roofs, steps, balconies, and unroofed porches, stoops, porticos, and patios, including accessory buildings, but not including swimming pools, recreation courts, driveways, or other paved areas. See also lot coverage under lot and impervious.

    Building height. The vertical distance measured from the established mean grade at the front of a building line to the highest point of the building.

    Building line. A line drawn parallel to the front lot line and tangent to the nearest part of the principal building and extending from side lot line to side lot line.

    Building permit. A document required by and issued by the city authorizing construction, repair, or alteration of a structure in accordance with the State Building Code.

    Building setback. The line, established by this chapter, beyond which a building or structure shall not extend.

    Elevated building means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. This term is applicable in article VI, div. 1, development in flood prone areas.

    Business complex. A shopping center, professional office center, industrial park, or other grouping of buildings or businesses. See also business complex sign under sign.

    Capacity. The maximum demand that can be accommodated by a public facility or service at the adopted level of service standard. "Available" capacity shall mean the amount of a service ready or reserved for future use by new development.

    Catering facility. See food businesses.

    Certificate of appropriateness. A certificate of appropriateness is a written approval issued by the historic preservation regulatory board for work proposed on buildings or sites within an historic district designated under this chapter.

    Certificate of use. A certificate required and issued pursuant to section 23-213 authorizing the use of a structure or premises.

    Change of use shall mean any modification of an activity or function on a lot which alters the land use classification under section 23-421 or the definition of the use under section 23-802 or which triggers a requirement for modification of the site improvements or layout, including any increase in the number of required parking spaces. The addition of an accessory use shall also be deemed a change of use.

    Changeable copy sign. See sign.

    Church. See religious establishment.

    Club. A building used for offices meetings, and social events for members of an organization or for private groups, but not open to the general public on a regular basis. Facilities may include a kitchen and dining area. (See also definition of "fraternal or civic organizations" in chapter 5, Alcoholic Beverages.)

    Collector road. See street.

    Common open space. An area of a development, normally with landscaping and/or recreation facilities, provided and maintained by the owner or association of owners, for the use of residents or tenants of that development.

    Comprehensive plan. The Lake Wales Comprehensive Plan adopted by Ordinance D99-10 on August 1, 2000 by the city commission pursuant to F.S. Ch. 163, Part II, and amendments to that plan if subsequently adopted.

    Concurrency. A finding that the required public facilities and services to maintain the adopted level of service standards are or will be available to serve a proposed development.

    The concurrency management system is the set of procedures followed by the City of Lake Wales pursuant to the comprehensive plan and article VII, division 1 (section 23-701 et seq.) to ensure that facilities and services are available to new development at the time those services are required by that development and at the levels of service adopted in the comprehensive plan.

    Concurrency review is the process of determining if there is or will be adequate available capacity in required facilities to serve a proposed development at or above the adopted level of service standards.

    A certificate of concurrency is the official document issued by the provider of a service upon a finding that there is or will be adequate capacity to provide a particular service or services to a proposed development at the adopted level of service standard at the time the service(s) is required.

    Construction plans. Any plans for infrastructure and site improvements.

    Construction support. Any use of a premises or building for the storage of materials and equipment used in building structures or installing appurtenances on other sites. Included in this category are enterprises engaged in plumbing, electrical, air conditioning and heating, roofing, farming supplies and businesses of a similar nature. Construction support is considered heavy or light. See definitions of heavy and light.

    Convenience store. See store, convenience.

    Coverage, building or lot. See building coverage under building. See also lot coverage under lot and impervious.

    Cultural facilities. Establishments or institutions, whether for profit or non-profit, engaged in providing public access to the arts and sciences. Cultural facilities include libraries, museums, theaters, arboreta, and botanical and zoological gardens. Under this chapter, art galleries are considered retail stores. (See store, retail.)

    Curb cut. An opening along a street for access to a site by vehicles, such as a driveway or entrance to a parking area whether or not an actual curb exists; an access point.

    Day care. An establishment which provides care for children or adults for periods not to exceed twenty-four (24) hours.

    Day care home: A day care facility that meets the state requirements for a "day care home"; a "day care home" is usually located within a house and provides care for four (4) or fewer clients and after-school care for children as permitted under state requirements.

    Day care center: A day care facility that meets the requirements of the State of Florida for a "day care center"; a "day care center" usually provides care for more than four (4) clients.

    Deck. A platform constructed of wood or other materials usually created for recreational use.

    Demolition. The complete removal or destruction of the whole or part of a building or structure when the same will not be relocated intact to a new site.

    Density, residential. Dwelling units per gross acre. For the purposes of this chapter, maximum residential density is the number dwelling units per gross acre allowed on a parcel of land as limited by the property's classification on the Future Land Use Map (FLUM) and related policies in the Future Land Use Element of the City's Comprehensive Plan. Further limitations on maximum density are set by the zoning district regulations of this chapter.

    Development. Any construction, reconstruction, or any use of real property which requires site plan approval, a site development permit, or entails a change of use.

    Under article VI, div. 1, development in flood prone areas, development means any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of materials or equipment.

    A de minimus development shall mean a project of such low intensity, density, or degree of change as to have an insignificant impact, if any, upon the required services and facilities for which the city has adopted level of service standards.

    A development agreement shall mean any agreement entered into by an applicant for development approval pursuant to F.S. ch. 163 or F.S. ch. 380.

    A development order is any order granting, denying, or granting with conditions an application for development approval made to the City of Lake Wales.

    Development permit means any building permit issued pursuant to Chapter 7 of the City of Lake Wales' Code of Ordinances or any site development permit approved pursuant to this chapter, or any development order or an approved Florida Quality Development or amendment thereto issued pursuant to F.S. § 380.06 et seq.

    Infill development means construction on vacant lots or parcels in a predominantly developed neighborhood or area.

    Dimensional variance. See variance.

    Dormitory, fraternity house or sorority house. Any residence for students, workers, or other groups of more than five (5) unrelated people. A dormitory may have common cooking facilities and living areas in addition to sleeping quarters, and may have an apartment for a resident manager.

    Drip line. The area under the canopy of a tree the boundary of which extends to a vertical line running through the outermost portion of the tree crown extending to the ground.

    Drop-off space. See parking space.

    Dwelling unit. Quarters, including sleeping, kitchen, and bathroom facilities, for one (1) household. (See also household.)

    Accessory dwelling unit means an apartment or guest house incidental to the principal structure on a lot.

    Caretaker dwelling unit means an apartment or house incidental to the principal structure and use on a lot and used primarily by a person or persons responsible for the upkeep of the property.

    Multi-family dwelling means a building providing quarters for three (3) or more households.

    Single-family dwelling means a building providing quarters for one (1) household.

    Two-family dwelling means a building providing separate quarters for two (2) households.

    Easement. A grant of one (1) or more of property rights by the property owner for access, drainage, location of utility lines or other purpose, to the public, a corporation, or another person or entity.

    Educational facility. See school.

    Elevated building. See building.

    Family. A household. See also group home and group facility.

    Farming, crop or nursery. The cultivation and harvesting of plants for use as commodities, such as food for humans or animals, or the raising of plants for replanting off-site. Under this chapter, farming does not include the raising or keeping of animals, but may include a farm stand as an accessory use.

    Fence. Artificial and unroofed barrier or enclosing structure installed or constructed for the purpose of screening or enclosing property.

    Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation or runoff of surface waters from any source.

    Flood boundary and floodway (FBFM) means the official map of the Lake Wales area on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.

    Flood insurance rate map (FIRM) means an official map of the Lake Wales area on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

    Flood insurance study (FIS) is the official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FHBM (where applicable) and the water surface elevation of the base flood.

    Floodplain means any land area susceptible to flooding.

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

    Floor, used in article VI, div. 1, development in flood prone areas, means the top surface of an enclosed area in a building (including basement), i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction. The terms does not include the floor of a garage used solely for parking vehicles.

    Floor area. The total floor area of all stories including halls, stairways, elevator shafts, and other related uses, measured to outside faces of exterior walls.

    Floor area ratio (FAR). Ratio of gross floor area of building(s) on a lot by the area of the lot. FAR applies to commercial, office, hotel/motel, industrial and institutional uses only. Maximum credit for lands below the 100-year flood elevation shall not exceed twenty-five (25) percent of the maximum floor area ratio allowed for site, but shall not exceed twenty-five (25) percent of the upland area above the 100-year flood elevation.

    Food businesses. See also restaurants.

    Catering facility. A retail establishment for the preparation of food for transport, sale, and consumption at another site.

    Food processing. A facility where food is prepared and packaged for wholesale distribution.

    Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. (See article VI, div. 1, development in flood prone areas.)

    Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities. (See article VI, div. 1, development in flood prone areas.)

    Freight terminal. See public transportation terminal.

    Frontage. See lot frontage.

    Functional front or rear yard. See yard.

    Funeral home. An establishment engaged in preparing the dead for burial, conducting funerals, and cremating the dead.

    Gallery, art. A place or establishment for exhibiting or dealing in art works. Under this chapter, an art gallery is classified as a retail use.

    Garden, botanical or zoological. A place where plants or animals are grown for exhibition or study. Under this chapter, a botanical or zoological garden is classified as a cultural facility.

    Governing body. The city commission of the City of Lake Wales, Florida.

    Government use and structure. Any land, building, structure, use or activity that is owned and operated by the city, county, state or federal government or legally empowered special governmental district and is necessary to the conduct of government, furnishing of public services, or of an institutional character and over which such governments exercise direct and complete control.

    Ground sign. See sign.

    Group home. A single-family house where living quarters and staff services are provided for six (6) or fewer individuals. For the purposes of this chapter, a group home is equivalent to a single-family dwelling.

    Group facility. A dwelling unit where living quarters and staff services are provided for seven (7) or more individuals. For the purposes of this chapter, a group facility is classified as a multi-family dwelling.

    Guest house. A detached accessory dwelling unit located on the same premises as the main residential building. See also accessory unit under dwelling.

    Hardship. The exceptional hardship associated with the land that would result from a failure to grant the requested variance. A hardship must be unusual and peculiar to the property involved. Financial hardship alone is not considered exceptional. Inconvenience aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

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

    Health service establishment. An agency, office, clinic, or laboratory primarily engaged in providing medical services to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental laboratories, outpatient care facilities, blood banks, and medical supply services. An office with only one (1) physician, dentist, or other health practitioner is considered a medical office.

    Heavy uses. Those uses which are hazardous although the maximum public and private safety precautions have been taken and the most stringent performance standards have been met or those uses whose premises do contain outdoor or open storage or aboveground tank storage of merchandise, products or materials or any outdoor or open storage of equipment, materials or other items utilized by such establishments in practicing their vocation or occupation, except for automobiles and delivery trucks.

    Height, building. See building height under building.

    Heliport. See airport or heliport.

    Home occupation. A business that is operated entirely or partly within a dwelling unit and is incidental and subordinate to the residential use.

    Hospital. A building or group of buildings having facilities for overnight care of one (1) or more human patients, providing services to in-patients and medical care to the sick and injured, and which may include as related facilities laboratories, out-patient services, training facilities, central service facilities, and staff facilities; provided, however, that any related facility shall be incidental and subordinate to principal hospital use and operation.

    Animal hospital means a facility providing care for large animals and livestock.

    Veterinarian or small animal hospital means a facility providing medical or surgical treatment for animals and short-term boarding as necessary for medical purposes.

    Hotel. A building in which sleeping rooms or suites, with or without cooking facilities, are rented to the public, on a short-term basis, usually by the day or week, and in which services may be available as accessory uses, such as restaurants, gift shops, exercise facilities, laundries, and hair dressers. A hotel may have separate living quarters for a resident manager. A hotel has parking facilities, but parking spaces are not located immediately outside of individual rooms as in a motel. See also motel.

    Household. A family or group of up to five (5) unrelated persons occupying living quarters as a single housekeeping unit.

    Impervious. Incapable of being penetrated. In this chapter, "impervious surface" refers to areas where water cannot penetrate or infiltrate into the soil because the land is covered by structures, pavement, or other coverings which prevent water from reaching the soil. See also lot coverage under lot.

    Infill. See lot, infill and development, infill.

    Intensity limitations. Standards for development, particularly non-residential development, regulating the amount of development permitted on a parcel. For the purposes of this chapter, intensity limitations are those parameters set forth in the Lake Wales Comprehensive Plan for Future Land Use Map classifications to limit the size of buildings.

    Kennel. Any building, lot, structure or premises where four (4) or more dogs and/or cats over six (6) months old are kept for any purpose, excluding pet shops and veterinary hospitals.

    Laboratory. A non-medical research or testing facility. See also health service.

    Landscaping service. A premises for storing materials, vehicles, and equipment for the installation and maintenance of grounds on other sites.

    Laundromat. A self-service facility for the washing and/or drying of clothing and other personal items.

    Laundry or dry cleaning plant. An establishments that washes or cleans clothing, linens, draperies, or other fabric and leather goods for other establishments and individual customers. A storefront used for the drop-off and pick-up of goods for transport to a laundry or dry cleaning plant is classified as a personal service.

    Level of service (LOS). 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 and capacity of a facility.

    Level of service standards are units of measure for the provision or capacity of public facilities. Adopted level of service standards for sanitary sewer flow, potable water, solid waste, roads, recreation and open space, and drainage are established in Policy 2.01 of the Lake Wales Comprehensive Plan and listed in section 23-702 of this chapter.

    Library. An institution in a building or room where a collection of books, periodicals, musical scores, electronic media, and other materials is kept for lending or reference. Under this chapter, a library is classified as a cultural facility.

    Light uses. Those uses which are nonhazardous whose processing, fabricating, assembly or disassembly take place wholly within an enclosed building and whose premises do not contain any outdoor storage, open storage or aboveground tank storage of merchandise, products, materials, equipment or other items utilized by establishments that are visible from any travel way. 

    Line, building. See building line under building.

    Local road. See street.

    Lodgings. See bed and breakfast, boarding house, dormitory, hotel, and motel.

    Lot. A parcel of land created by subdivision or a parcel of land under one (1) ownership and occupied or intended to be occupied by one (1) principal building and its accessory buildings, and including the open spaces and yards required under this chapter.

    Corner lot. A lot which abuts on two (2) or more intersecting streets at their intersection.

    Double frontage lot. Any lot other than a corner lot which abuts on two (2) streets.

    Infill lot. A vacant parcel of land in a predominantly developed area or neighborhood.

    Lot area. The acreage or square footage within a lot.

    Lot coverage. Lot coverage includes building coverage the total area of a lot occupied by structures (see complete definition under building), and impervious surface, the total area of a lot occupied by structures, including buildings, accessory structures, and pavement (see definition of impervious surface).

    Lot frontage. The length of the front lot line.

    Lot line. The boundary dividing a lot from a right-of-way, adjoining lot, or other adjoining tract of land.

    Front lot line means any lot boundary along a public or private street, a railroad, or a right-of-way for a street or railroad, but not a boundary along an alley.

    Rear lot line means any boundary opposite a front lot line. On a corner lot, the side opposite the shorter front lot line shall be the rear lot line. On a corner lot where the two (2) front lot lines are of equal length, the rear lot line shall be determined by the administrative official. On a corner lot with three (3) front lot lines, the remaining lot line shall be a rear lot line; on a non rectangular lot with more than one (1) lot line not abutting a street, one (1) of the remaining lot lines shall be determined by the administrative official to be a rear lot line.

    Side lot line means any boundary not defined as a front or rear lot line.

    Lot of record. A lot which is duly recorded in the office of the clerk of the circuit court or a parcel described by metes and bounds, the description of which has been so recorded on or before the effective date of these zoning regulations or of prior zoning and subdivision regulations governing the creation of lots.

    Lot width at the building line. The distance between the side lot lines, measured at the front building line and parallel to the front lot line.

    Lowest floor used in article VI, div. 1, development in flood prone areas means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the non-elevation design standards of this ordinance.

    Manufactured home means a building, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes part trailers, travel trailers, and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property.

    Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

    Existing. A manufactured home park or subdivision is considered "existing" if the construction of facilities for servicing the lots on which the homes are to be affixed were complete (including at minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before 1988, the effective date of the first floodplain management regulations adopted by the City of Lake Wales. Such a park or subdivision is considered "new" if it was or is commenced after that date.

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

    Manufacturing. A facility engaged in processing or fabricating and finishing products or components from raw materials or prepared parts. Manufacturing may include the assembly of products from components and the packaging of products. Manufacturing does not include processing of food or drinks. See also food processing under food businesses.

    Market value means the building value, excluding the land as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of the building, or adjusted assessed values.

    Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with national vertical datum (NGVD). (See article VI, div. 1, development in flood prone areas.)

    Medical marijuana dispensaries - A property or building used exclusively for the storage, sale or dispensing of products by a Florida approved Dispensing Organization or Medical Marijuana Treatment Center (as those terms are defined by Florida Law).

    Medical office. A facility for one (1) doctor, dentist, or other health practitioner. See also health service.

    Mining. The extraction of minerals occurring naturally such as coal, ores, petroleum and natural gas. "Mining" also includes quarrying, well operation, crushing, screening, washing, flotation and similar preparation needed in conjunction with mining activities to render the material marketable.

    Mini storage. An establishment with fully enclosed units, compartments, or lockers for storage of personal property, usually for a rental fee. An office for management and a caretaker's dwelling unit may be included, provided they are incidental to the use.

    Mixed-use. See use.

    Mobile home. See manufactured home.

    Monument sign. See sign.

    Mortuary. See funeral home.

    Motel. A building or group of buildings containing sleeping units, with or without cooking facilities, rented to the public on a short-term basis, usually by the day or week, and which may have a restaurant, swimming and other recreation facilities, laundry facilities, and other services as accessory uses. A motel may also have living quarters for a resident manager. A motel, unlike a hotel, is usually under three (3) stories in height, and has parking spaces located in front of or near each unit. See also hotel.

    Movie theater. See theater, movie.

    Museum. An institution, building, or room, for preserving and exhibiting artistic, historical, scientific, or other objects. Under this chapter, a museum is classified as a cultural facility.

    National Geodetic Vertical Datum (NGVD) as used in article VI, div. 1, development in flood prone areas means a vertical control as corrected in 1929 and used as a reference for establishing varying elevations within the floodplain. See also mean sea level.

    Nonconforming structure or use. See structure and use.

    Nursery, plant. See farming, crop and nursery. See also garden, botanical.

    Nursing care home. An institution, building, residence, or private home providing nursing or personal care on a long-term basis for four (4) or more elderly or disabled persons, but not primarily for the acutely ill.

    Office. A room or group of rooms used for conducting the affairs of a business, profession, service, industry or agency, whether for profit or not and whether public or private, but not including a bank. An office may be a principal or accessory use.

    Medical office means a doctor's office with only one (1) practitioner. For the purposes of this chapter a doctor's office with more than one (1) practitioner is classified as a health services establishment.

    Off-street parking facility. See auto parking establishment.

    Outdoor display or sale. The placement of goods for any purpose and for any period of time outside of store or other business whether or not in a fenced, roofed, or screened area.

    Outdoor seating area. An area intended and approved for use by customers outside of an establishment such as a restaurant, whether the area is located on public or private property. The term includes areas for people to gather whether or not actual seating is provided.

    Outparcel. A lot which is created by division, by subdivision or sale of a larger parcel, or any area in a shopping center or other integrated development which is intended for independent ownership, lease, and/or development.

    Park. An open area devoted to recreation, whether passive or active, with landscaping.

    Active recreation is activity such as tennis and basketball.

    Passive recreation is activity such as picnicking, walking, biking, or the enjoyment of outdoor areas.

    A linear park is a long, narrow recreation area, usually providing a pedestrian or bike path in a landscaped corridor, often along a roadway.

    A neighborhood park is a recreation area designed to serve a small residential area with both passive and active recreation opportunities.

    A mini-park is a small, usually passive, recreation area designed to provide green space and rest stops along pedestrian walkways and streets.

    Parking space. An area specifically designated and improved on a lot or in a garage for parking or storage of a vehicle.

    Drop-off space. A temporary parking space designated for picking up or dropping off clients or patrons at facilities or businesses such as hotels and day care centers.

    Patio. A level area stabilized by paving stones or other material usually created for recreational use.

    Personal service establishment. See service, personal.

    Plat, subdivision. See subdivision.

    Political sign. See sign.

    Principal structure(s). See structure.

    Principal use. See use, principal. See also use, accessory.

    Public facilities and offices. A building or premises used by a city, county, state or federal government or legally empowered special government district, for conducting government business and providing public services. Public facilities include offices, recreation facilities, yards and depots for maintenance equipment and vehicles, utility plants, and other enterprises normally conducted by public agencies.

    Public transportation terminal. An establishment primarily engaged in passenger transportation by railway, highway, water or air, or furnishing services related to transportation, normally for a fee or charge, including maintenance facilities, and freight transportation.

    Reader board sign. See changeable copy or reader board sign under sign.

    Recreational vehicle, mobile home, or boat dealer. An establishment selling or renting travel trailers, recreational vehicles, mobile homes, or boats.

    Recreational vehicle as used in article VI, div. 1, development in flood prone areas means a vehicle that is: built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

    Religious establishment. A church; a building occupied by a religious organization and used primarily for worship and related activities. A religious establishment may include living quarters for officials of the organization.

    Residential property. A premises used primarily as a dwelling or dwellings.

    Restaurant. Any establishment that sells prepared food and drink for consumption on or off-premises. Under this chapter, stores that sell prepared food incidental to groceries or other goods are not considered restaurants.

    Drive-up restaurant. Any establishment where prepared food and drink are sold from a window to patrons in vehicles.

    Eat-in restaurant. An establishment where prepared food and drink are sold and consumed on premises and where there are seats at counters or tables to accommodate at least twenty (20) patrons at one (1) time.

    Outdoor cafe. Any establishment where tables or seats are provided outside for the sale of and consumption of food and drink.

    Take-out restaurant. An establishment where food and drink are sold for primarily for consumption off-premises or where there are twenty (20) or fewer seats for patrons at counters or tables.

    Resubdivision. See subdivision.

    Retaining wall. Any structure or materials designed to resist the lateral displacement of soil or other material and having an exposed face oriented toward property lines (facing outward) and having a total height of greater than seven (7) feet measured from the bottom of the footing to the highest point of the wall, or having an exposed face exceeding three (3) vertical feet at any point. The height of walls-in-series and terraced walls with outward orientation shall be the total of all segments in determining whether the definition of a retaining wall is met.

    Retention area. A parcel or area of land set aside to receive and store storm water from a development.

    A dry retention area is one that is designed or expected to have standing water only for short periods of time after a rain.

    Right angle sign. See sign.

    Right-of-way. Land legally dedicated to or owned by a governmental entity for the purpose of transportation or utility use.

    Road. See street.

    Roofline. On a sloping roof, the roofline is the principal ridge line or the highest line common to one (1) or more principal slopes of the roof; on a flat roof, the roofline is the highest continuous line of the roof or parapet, whichever is higher.

    Sandwich board. See sign.

    School. (See also day care center.)

    School, athletic or music. A school providing instruction in musical instruments, voice, dance, martial arts, athletic skills or other physical or musical activities.

    School, post-secondary. A facility, whether in one (1) or more buildings or in a portion of a building, providing education for students who have completed secondary education or the equivalent or conferring bachelors or other degrees.

    School, primary or secondary. A facility for pre-school, elementary or high school education, whether public or private.

    School, training. A facility providing education or instruction in a specialized skill or field, such as business skills or graphic arts, or providing tutoring or coaching for examinations, but not including athletic or music schools.

    Service, personal. An establishment which provides for the needs of customers, whether individuals or businesses, and their possessions. Personal service establishments include beauty and barber shops, dry cleaning pick-up services, printing shops, frame shops, photo shops, health clubs, spas, and appliance repair shops, but not laundromats.

    Setback, building. See building setback under building.

    Shooting range, indoor. An indoor facility where firearms are discharged at targets and is fully enclosed of masonry construction that is sound proof.

    Shopping center. See center, shopping.

    Sign. Any device, structure, fixture, painting, or visual image using words, graphics, symbols, numbers, or letters, designed and used for the purpose of communicating a message or attracting attention. To "place" a sign shall mean construct, erect, post, paint, sculpt, project or otherwise display.

    A-frame sidewalk sign means a portable sign which has no legs or solid base and which is supported on two (2) display boards hinged at the top.

    Awning sign. A sign on a shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework.

    Business complex sign. A ground sign identifying a shopping center, professional office center, industrial park or other grouping of buildings or businesses.

    Changeable copy sign or reader board sign shall mean any sign designed so that the display can be altered periodically whether by electronic or mechanical means.

    Commercial message means a sign, wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity or to an institution or other non-residential activity or use. For the purposes of sign regulation, the following are not considered commercial activities: proposed sale, rental or lease of the real estate where the message is displayed, the incidental and occasional sale of personal property on site, residential yard sales held in compliance with the provisions of this chapter, and construction/renovation on site.

    Ground sign. Any sign which is supported by masonry, wood, metal or similar structure uprights or braces and is permanently installed in or on the ground on a permanent base.

    Internally lit sign. A sign capable of having or designed to have lighting installed inside its structure. Examples of internally lit signs are "cabinet signs" and channel letters. For the purposes of this chapter, a sign shall be considered an internally lit sign whether or not a lighting mechanism is installed or whether or not the owner intends to install such mechanism.

    Legible pertains to a message on a sign and means that the message can be comprehended by a person with eyesight adequate to obtain a Florida driver's license standing in the public way or other location from which legibility is to be determined. Where such facts are material, it shall be presumed that the observation takes place in daylight hours, and that the person making the observation is standing and is between five (5) feet two (2) inches and six (6) feet tall.

    Monument sign. A ground sign mounted on a solid base which extends the full width of the sign. For definitions of other types of signs, see Table 23-545.

    Portable sign means a sign not permanently installed under the provisions of this Code. Examples of portable signs are: signs on prongs or posts pushed into the ground; A-frame and unanchored pedestal signs; signs mounted on top of vehicles or trailers; vehicles parked whether legally or illegally so as to serve as a sign.

    Right-angle sign. Any sign which is affixed to any building, wall or structure and which extends more than twelve (12) inches horizontally from the building wall and projects from the wall at an angle of ninety (90) degrees.

    Wall sign. A sign affixed to or painted on the wall of a building, mounted parallel to the wall and projecting not more than twelve (12) inches, not extending above the roof line or facade, and not interrupting the building's architectural features.

    Window sign. A sign painted, etched or otherwise affixed to a window.

    Site plan. A plan drawn to scale, showing existing and proposed features and structures on a parcel of land. Under this chapter, requirements for a "site plan" are addressed in section 23-222.

    Sleeping room. A single room rented for living purposes but without cooking facilities or other amenities for separate and independent housekeeping. A sleeping room shall not be construed to mean a dwelling or sleeping unit.

    Special exception permit. Authorization pursuant to article IV, div. III (section 23-431 et seq.) to undertake a use designated as a "special exception use" per section 23-421.

    Special exception use. A use which is essential to, or would promote, the public health, safety or welfare in one (1) or more districts, but which would impair the integrity and character of the district in which it is located, or in adjoining districts unless restrictions or conditions on location, size, extent and character of performance are imposed in addition to those imposed in this ordinance.

    Start of construction refers to substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date.

    The actual start of construction means the first placement of permanent construction of a building (including 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 placement of a manufactured home on a foundation.

    Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main building.

    For substantial improvements, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

    Store:

    Store, convenience. A retail establishment, including grocery, drug, and liquor stores, that sells food, drinks, toiletries, alcohol, or sundries for consumption off-premises.

    Store, retail. An enterprise engaged in the retail sale or rental of merchandise, but not including convenience stores.

    Story. That part of a building contained between any floor and the floor or roof next above.

    Street. A public road, including highways and local roads, and private platted roads, but not including alleys or easements and rights-of-way used or intended solely for utilities such as gas and electric lines.

    Alley is specifically excluded from the definition of street and means a way providing secondary access to properties. An alley shall not be construed under this chapter to provide required frontage or adequate access to a property for development.

    Cul-de-sac means a local street with only one (1) outlet, usually with a turnaround at the end opposite its connection with other streets.

    Street classification means the categorization of roads by function and characteristics; a hierarchy of streets by function. See section 23-303.1 for the classification of streets in Lake Wales classes of streets:

    Arterial means a highway or street which provides a direct, relatively high-speed route for large volumes of traffic for long, local trips and provides access to major regional highways. The Lake Wales Comprehensive Plan defines an arterial as "A route that is relatively continuous, of high traffic volume, of long average trip length, of high operating speed, and of high mobility importance. A part of a rural network of continuous routes serving substantial statewide travel by connecting urbanized areas of linking counties and towns providing intrastate and intracounty service."

    Collector means a street which conducts moderate volumes of traffic between local streets and arterials and also provides access to abutting properties.

    Major collectors provide connections between minor collectors or local streets and arterials. The Lake Wales Comprehensive Plan defines an arterial as "A route that is relatively continuous, of high traffic volume, of long average trip length, of high operating speed, and of high mobility importance. A part of a rural network of continuous routes serving substantial statewide travel by connecting urbanized areas of linking counties and towns providing intrastate and intracounty service."

    Minor collectors provide connections between local streets and major collectors or arterials. The Lake Wales Comprehensive Plan defines a minor collector as "A route that collects traffic from local roads and brings all developed areas within a reasonable distance of a major collector road."

    Local streets provide connections between individual properties and collectors or arterials. The Lake Wales Comprehensive Plan defines a local street as "A route that has the function of providing accessibility to individual parcels of property in residential areas. Local streets carry light volumes of traffic and should be designed to discourage through traffic and encourage low vehicular speeds."

    Street, private means a road not dedicated for public use; a private street may be owned by a developer, homeowners' association, or other non-governmental entity.

    Street, public means a road dedicated to a governmental entity (e.g. state, city) for use by the general public.

    Structure. Anything constructed, installed, or erected, whether or not portable, the use of which requires its location on a parcel of land. It includes a movable structure while it is located on land that can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. Structure also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs. For the purposes of article VI, div. 1, development in flood prone areas, structure means a walled and roofed building, including gas or liquid storage tanks and manufactured homes, that are principally above ground.

    Accessory structure means a building or appurtenance incidental and subordinate to the principal buildings and located on the same lot as the principal building or on an adjacent lot under the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory building. Examples of accessory structures are: detached garages, storage sheds, swimming pools.

    Non-conforming structure. A structure that is not in compliance with the dimensional or other physical requirements of this chapter. A legally non-conforming structure is one that was permitted and built in accordance with previously effective requirements of the City of Lake Wales.

    Principal structure means the largest or main building or buildings on a property. For example, on a residential property, the dwelling is the principal structure.

    Subdivision. The division of a premises or tract of land, whether improved or unimproved, into three (3) or more contiguous lots or parcels of land for the purpose, whether immediate or future, of transfer of ownership if the establishment of a new street is necessary to provide access to the lots, parcels or tract of land; provided, however, that the division of land into lots or parcels of five (5) acres or more and which does not involve any change in street lines or public easements of any kind, shall not be deemed a subdivision within the meaning of this ordinance. Subdivision does include resubdivision and, when appropriate to the context of this ordinance, relates to the process of subdividing or to the land subdivided or proposed to be subdivided.

    Resubdivision. A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

    Subdivision plat. A map or delineated representation of the subdivision of lands, being a complete, exact representation of the subdivision and other information in compliance with the requirement of all applicable statutes and of local ordinances and may include the terms replat, or revised plat. In whatever tense used: To plat shall mean to divide or subdivide land into lots, blocks, tracts, sites, streets, rights-of-way, easements, or other divisions, however designated.

    Subordinate. The term "subordinate" is used in reference to accessory uses and structures to mean smaller in size, importance, and scope. Generally, unless otherwise limited in this ordinance, "subordinate" shall mean less than twenty-five (25) percent of the size, importance, or scope of the principal use and less than fifty (50) percent of the size of the principal structure on the premises.

    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 fifty (50) percent of the market value of the structure before the damage occurred. The administrative official may require verification of the market value in making a determination of substantial improvement or substantial damage.

    Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place within a calendar year, the cumulative cost of which equals or exceeds fifty (50) percent of the "market value" of the structure before the "start of construction" of the improvement or, in the case of repairs, before the damage occurred. The administrative official may require verification of the "market value" in making a determination of "substantial improvement" or "substantial damage." The term "substantial improvement" also includes structures that have incurred "substantial damage" or "repetitive loss" regardless of the actual repair work performed. This term does not, however, include any repair or improvement of a structure to correct violations of state 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.

    Theater. A facility used for the presentation of plays, concerts, and other entertainment. Under this chapter, a theater is classified as a cultural facility.

    Theater, movie. A facility used for showing films, normally for a fee. Under this chapter, an indoor theater is wholly enclosed in a building; an outdoor theater is wholly or partially outside of any building.

    Topography. The configuration of a surface area including its elevations and the position of its natural manmade features.

    Travel trailer. See recreational vehicle.

    Travel trailer park. A tract of land prepared and approved according to the procedures of this chapter to accommodate travel trailers.

    Use. Use broadly refers to the activities or functions which take place on any land or premises and also refers to the structures located thereon and designed for those activities. See also change of use.

    Accessory use means a activity or enterprise customarily incidental and subordinate to the principal use of a property. Examples of accessory uses are: retail shops in hotels, snack bars in an office building.

    Mixed use refers to a building or development where there are both residential and nonresidential uses. A business or institutional use with an accessory apartment shall not be considered a mixed-use.

    Non-conforming use means a use of land not permitted under this chapter in the zoning district in which it is located. A legally non-conforming use means a use of land permitted and established in accordance with previously effective requirements of the City of Lake Wales.

    Principal use means the main activity conducted on a premises. "mixed use," "accessory use," and "principal use."

    Variance is a grant of relief from the requirements of this ordinance, which permits construction in a manner otherwise prohibited by this section and which is based on a finding that specific enforcement of the provisions of this section would result in a hardship.

    Dimensional variance means authorization pursuant to section 23-244 to depart from specific dimensional requirements of this chapter, including setbacks and lot widths.

    Vehicle, commercial.

    (1) Any truck or tractor utilizing an axle designed to bear weight in excess of four thousand (4,000) pounds (a two (2) ton axle); and

    (2) Any trailer, a vehicle with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle.

    Veterinarian or small animal hospital. See hospital.

    Waiver. Approval granted under specific provisions of this chapter to deviate from a dimensional or other design requirement.

    Wall sign. See sign.

    Warehouse. A facility for the storage or wholesale distribution of materials. See also mini-storage.

    Yard. The open space surrounding the principal building on any lot, unoccupied and unobstructed by a portion of that building from the ground to the sky, except where specifically permitted by this ordinance. Yards are further defined as follows:

    A. Front yard. That portion of the yard extending the full width of the lot and measured between the front lot line and a parallel line tangent to the nearest part of the principal building, which line shall be designated as the front yard line. The required front yard is the area between a front lot line and the front building setback line required in the zoning district. The front setback is the distance between the front lot line and the nearest part of the principal building.

    B. Rear yard. That portion of the yard extending the full width of the lot and measured between the rear lot line and parallel line tangent to the nearest part of the principal building. The required rear yard is the area between a rear lot line and the rear building setback line required in the zoning district. The rear setback is the distance between the rear lot line and the nearest part of the principal building.

    C. Side yard. That portion of the yard extending from the front yard to the rear yard and measured between the side lot lines and parallel lines tangent to the nearest part of the principal building. The required side yard is the area between a side yard lot line and the side building setback line required in the zoning district. The side setback is the distance between the side lot line and the nearest part of the principal building.

    Yard, functional. A functional front yard is that portion of the lot used or intended to be used as a front yard, that is, the portion of the yard where the driveway intersects the street and where access is gained to the main entrance to the house. A functional rear yard is that portion of the lot used or intended to be used as a rear yard, although the yard may be technically defined under this chapter as a "front yard" by virtue of its having a front lot line.

    Yard sale means the offering of several items for purchase on a residential property at the same time, regardless of whether the items are displayed or whether they are displayed outdoors or indoors. The simultaneous offering of up to two (2) items owned by the resident does not constitute a yard sale, provided the offering of items is incidental and occasional, not habitual or recurring. The term "yard sale" includes similar sales such as "garage," "estate," "lawn" sales.

    Zoning board. The Planning and Zoning Board of the City of Lake Wales.

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(Ord. No. 2007-02, § 25, 3-6-2007; Ord. No. 2008-04, § 15, 2-19-08; Ord. No. 2008-11, § 8, 5-20-08; Ord. No. 2008-45, § 24, 12-16-08; Ord. No. 2009-14, § 3, 10-20-09; Ord. No. 2011-04, § 4, 3-1-11; Ord. No. 2012-02, § 2, 2-21-12; Ord. No. 2013-05, § 7, 6-18-13; Ord. No. 2015-04, § 14, 7-7-15; Ord. No. 2017-05, § 3, 4-18-17; Ord. No. 2017-19, § 2, 10-17-17)