§ 94-2. Definitions.

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

Accessory structure means a structure the use of which is incidental to that of the main building and which is attached to or adjacent to the main building, but shall not include terrace walkways without steps or nonpermanent decorative blocks used to retain landscaping plants or trees.

Balcony means a platform that projects from the wall or on top of a building, and is enclosed by a parapet or railing.

Building means any structure designed or intended for the support, enclosure, shelter or protection of persons, chattels or property.

Building permit means an authorization from the county building department to build new construction or to alter, repair or add to existing construction.

Commercial purpose means a use for compensation including, but not limited to, the transport of persons, animals, commodities, materials, articles of trade, or the performance or tender of services.

Commercial trailer or vehicle means a trailer or vehicle which is used in a commercial enterprise and which bears the name or firm, or identification of the purpose of the trailer or vehicle and/or a trailer or vehicle which is of the type not normally used to carry human passengers.

Commercial vehicle means a motor vehicle propelled by other than muscular power operated or intended to be operated over public streets and highways and used as a means of transporting persons or property and is used for commercial purposes including a vehicle towed by a motor-powered vehicle; or is a passenger vehicle with visible commercial lettering (excluding a small door commercial logo or decal); or is a truck, pickup truck, trailer, semi-trailer, truck-tractor, or tractor-trailer combination as defined in F.S. ch. 320; or is a moving van, delivery truck, dump truck, service vehicle, tow truck, wrecker, bus, crane, dragline, earth mover, bulldozer, backhoe, trencher or similar vehicle. The terms also include any vehicle used as a platform for a derrick, hoist, crane, compressor, tank(s), ladder racks, or similar equipment or as a means of transporting or storing a commercial vehicle. Automobiles, vans, noncommercial vehicles, noncommercial pickup trucks weighing no more than 10,000 pounds (as determined by the vehicle's registration), and other similar vehicles are specifically excluded from this definition.

Condominium means a building or complex of buildings consisting of rooms or suites of rooms which are designed for residential or rental ownership and occupation. Each separate unit shall be considered to be a condominium unit.

Deck means a flat, floored, roofless area adjoining a house, or portion thereof.

Density means the measure of permitted residential development expressed as a maximum number of dwelling units per gross acre of land area.

Dwelling, single-family, means a residential building designed for occupancy by one individual or family.

Family and family unit mean one or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A maximum of two persons not related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, shall be deemed to constitute a family.

Fence means a hedge, masonry wall, wood, wire or plastic structure which is used or erected along a yard.

Floor area ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing by the gross land area.

Grade line means the same height as the highest point on the crown of the road which borders on the lot, or combination of lots, and on corner lots. Such term means the highest point on the crowns of the intersecting roads.

Gross land area, for the purpose of computing density/intensity, means that total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way.

Habitable space means any space contained within a dwelling that is occupied regularly, routinely or for a period of time, except space used exclusively for parking and/or storage.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to, or prevents infiltration by, stormwater. Such term includes surfaces such as compacted sand, limerock or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces.

Impervious surface ratio (ISR) means a measure of the intensity of hard-surfaced development on a site. An impervious surface ratio is the relationship between the total impervious surface area on a site and the gross land area. The ISR is calculated by dividing the square footage of the area of all impervious surfaces on the site by the square footage of the gross land area.

Living level means a level of a structure containing habitable space, and also means the lowest floor as defined in chapter 74 section 74-134 of the city code. The living level shall additionally be constructed in compliance with chapter 74 of the City Code.

Lot, residential low (RL) district II, means a parcel of land, including one or more contiguous lots, or portions thereof, intended for occupancy by a single-family dwelling, including the open spaces required under this chapter.

Lot, residential medium (RM) district I, means a parcel of land occupied or intended for occupancy by a building, including the open spaces required under this chapter. For the purpose of this chapter, the word "lot" means any number of contiguous lots, or portions thereof, upon which one or more structures for a single use are erected, or are to be erected.

Mobile home means a vehicle which is commonly known as a mobile home, camp car, house car, house trailer, mobile trailer, recreational vehicle or similar such names. Any vehicle which contains, or is modified to include, equipment commonly used for living or sleeping purposes shall also be considered to be a mobile home under this chapter.

Motel means a building, or group of buildings, of rental units providing sleeping or living accommodations primarily for transients.

New construction means structures for which the start of construction commenced on or after the effective date of the ordinance from which this chapter is derived.

Nonconformity (nonconforming lot, nonconforming structure or nonconforming use) means a lot, structure or use, the characteristics of which were established and lawful prior to the passage of the ordinance from which this chapter is derived.

Off-street parking space (applies only to district I) means an area located outside of the public right-of-way for the parking of automotive vehicles. Such space shall not be less than 280 square feet, which includes access drives and maneuver areas.

Open space means the portion of a lot that contains no structures or parking areas, and the areas designated for passive or active recreational use.

Public use means the use of land, buildings or structures by a municipal or other governmental agency to provide protective, administrative, social and recreational services directly to the general public, including municipal buildings, community centers, public parks/beaches and preservation tracts.

Public/semipublic use means the primary and secondary uses listed under the preservation, recreation/open space and institutional plan categories of the city plan.

Residence means any structure with sleeping and housekeeping accommodations. Living units of apartment and condominium buildings shall be considered to be residences. This term also includes such terms as "home," "house," "dwelling" and "single-family dwelling."

Residential zoning district means the boundaries of an area of the incorporated part of Belleair Beach, Florida, designated by residential zone districts classification with uniform use regulations, and includes private and public property. When streets or alleyways are used to designate boundaries, said boundaries shall be considered to be the centerline of said streets or alleyways.

Separate building means any outbuilding, including, but not limited to, garages, sheds, carports, etc., the foundation perimeter and building wall of which, up to the first lintel height (minimum of eight feet), has less than 12 feet in common with a main wall of the main building.

Setback means the minimum distance from the property lines to the outermost vertical component of a building including stairs, balconies, elevator shafts, accessory structures, or other components of a building, but not including roof eaves. On waterfront lots, the inside edge of the seawall cap shall be considered to be the rear property line. Where no seawall is erected on the property, the coastal construction setback line, as determined by the state department of environmental regulation and the Army Corps of Engineers, shall be considered the rear property line.

Stairs means any step or series of steps designed to change the elevation of the path of travel.

Start of construction means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, or any work beyond the stage of excavation. Permanent construction shall not include land preparation, such as clearing, grading and filling; 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 as part of the main structure. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure, or any part thereof, on its pilings or foundation.

Story means the portion of a building included between the surface of any floor and the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. For purposes of this chapter, the ground floor of a building to the floor or ceiling above it, regardless of its composition (sand, blacktop, concrete, etc.), shall be considered the first story of the building. For the purpose of this definition, the term "floor" shall include the floor of a garage, storage or parking area. The use of any area beneath the floor of the first living level shall cause such area to be defined as a "story."

Street means all publicly owned rights-of-way, not including parking lots, dedicated to the use of vehicular traffic.

Structural alteration means any change in the supporting members of a building, such as bearing walls and partitions, columns, beams, girders or any substantial changes in the roof or exterior walls.

Structure means anything, excluding paving, constructed or erected with a fixed location on the ground, including, but not limited to, buildings, screen enclosures, swimming pools, gazebos, pergolas and trellises.

Substantial improvement means any repair, reconstruction, alteration, improvement, or combination thereof, made to a structure, which takes place within a five-year period beginning on the date upon which an application for a building permit is filed with the county building department, for which the cumulative cost of the improvement equals or exceeds 50 percent of the fair market value of the structure. The fair market value of the structure shall be the appraised value of the structure at the time the initial application for a building permit is made. The fair market value shall be used during the five-year period to determine whether the cumulative improvements during such five years equals or exceeds 50 percent of the fair market value. In the case of damage, the fair market value shall be the appraised value of the structure prior to the damage occurring. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. This term does not, however, include any:

(1)

Project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Trailer means a vehicle which does not have a means of self-propulsion, and which is customarily moved by being attached to an automotive vehicle.

Variance means a deviation from the minimum regulations of this chapter pertaining to lot areas, floor areas, setbacks, construction, building heights or any other regulation, except use.

(Ord. No. 94-14, § 1(27-2), 9-7-1994; Ord. No. 96-10, § 1, 8-5-1996; Ord. No. 98-16, § 1, 2-1-1999; Ord. No. 00-09, § 1, 1-8-2001; Ord. No. 03-02, § 1, 2-3-2003; Ord. No. 07-14, § 1, 12-3-2007; Ord. No. 08-01, § 1, 9-4-2008; Ord. No. 14-09, § 1, 9-8-2014)

Cross reference

Definitions generally, § 1-2.