§ 38-1. Definitions.
Except where specific definitions are used within a specific article or section of this chapter, for the purpose of such sections the following terms, phrases, words and their derivations shall have the meanings given herein when not inconsistent with the context. The word "lot" includes "plot" and "tract." The word "building" shall include "structure." The words "used for" shall include the meaning "designed for."
Abutting property shall mean any property that is immediately adjacent to or contiguous to property that may be subject to any hearing required to be held under this chapter or that is located immediately across any road or public right-of-way from the property subject to any hearing under this chapter.
Accessory structure or use shall mean a subordinate building or structure situated on the same lot or parcel as the principal building or structure, or a subordinate use of land, and which building, structure or use is customarily incidental to and typically found in association with such principal building or use. Factors to be considered in determining whether a building, structure or use is "subordinate" and "customarily incidental" include the size of the lot or parcel, the uses of adjacent lots or parcels, and the size, shape, height, and roof type (if any) of the building or structure.
(Ord. No. 2004-01, § 2, 2-10-04)
Accessory dwelling unit shall mean living quarters (including kitchen and bathroom facilities) which are separate and distinct from and secondary and subordinate to the primary single-family dwelling unit. The living quarters may be attached to or detached from the primary dwelling unit. An accessory dwelling unit connected to a primary dwelling unit by a breezeway, roofed passage or similar structure shall be deemed a detached accessory dwelling unit. A mobile home shall not be deemed an accessory dwelling unit unless otherwise expressly permitted in the zoning district.
(Ord. No. 95-21, § 1, 7-25-95)
Adult entertainment establishment shall mean as set forth in the adult entertainment code.
Aircraft shall mean a weight-carrying structure for navigation of the air that is supported either by its own buoyancy or by the dynamic action of the air against its surfaces.
Air curtain incinerator facility, see definition of wood waste incinerator facility.
(Ord. No. 92-41, § 3, 12-22-92)
Airport shall mean any area of land or water designated and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purpose.
Alley shall mean a private or public way which affords a secondary means of access to the property abutting thereon.
Apartment house, see "Dwelling, multiple."
Apothecary shop shall mean an establishment for the retail sale of pharmaceutical, medical and dental supplies, but no other merchandise.
Area shall mean all lands located in the county, not a part of any municipality, which may be divided into districts, of such number, size and shape as may be deemed best suited to carry out the purposes of orderly planning and zoning.
Assisted living facility shall mean any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, excluding a "nursing home" as defined in this section, or other residential facility, whether operated for profit or not, which is licensed by the State of Florida and undertakes through its ownership or management to provide housing, meals, and one (1) or more personal services for a period exceeding twenty-four (24) hours to one (1) or more adults who are not relatives of the owner or administrator.
(Ord. No. 2016-19 , § 2, 9-13-16)
Automobile court, see "Motel."
Automobile service station shall mean buildings and premises designed so as to cater principally to automobiles, where gasoline, oils and greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation), and also where the following services may be rendered:
(1)
Sale and servicing of spark plugs, batteries and distributors.
(2)
Tire repair and servicing, but no recapping.
(3)
Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, lightbulbs, floor mats, seat covers, wiper blades, windshield wipers, and replacement of grease containers, and wheel bearings.
(4)
Radiator cleaning and flushing.
(5)
Washing and polishing.
(6)
Greasing and lubrication.
(7)
Exchanging fuel oil pumps and installing fuel lines.
(8)
Minor servicing and replacing of carburetors.
(9)
Emergency wiring repairs.
(10)
Adjusting and repair of brakes.
(11)
Minor adjustment of engines, not involving removal of head.
(12)
Sale of cold drinks and packaged foods as accessory only to principal operations.
(13)
Towing service as an incidental use provided there is no storage of vehicles on-site. Only one (1) tow truck shall be allowed.
(Ord. No. 99-17, § 2, 9-21-99)
Aviary shall mean an enclosure for holding birds, excluding poultry, in confinement.
Awning shall mean a screen, extending over or in front of a building, structure, window or door.
Basement shall mean a portion of a building located partly or wholly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
Beacon light shall mean any light with one (1) or more beams, capable of being directed in any direction or directions, or capable of being revolved automatically, or having any part thereof capable of being revolved automatically.
Bed and breakfast facility shall mean an accessory use in which no more than three (3) guest rooms in the principal residential structure are provided to guest clients with breakfast available to such guest clients on premises at no extra cost; lengths of stay of guest clients may range from one (1) night to seasonal; the owner/operator of the principal structure shall reside on-site. Bed and breakfast facilities do not include other similar uses, such as motels, hotels, health or group living facilities, boarding or lodging houses, apartment dwellings, guest cottages or single-family dwelling transient rental.
Bed and breakfast homestay shall mean an accessory use to a single-family dwelling unit in which no more than six (6) rooms in the principal residential structure are set aside for guest clients; breakfast is available on-site to only such guest clients at no extra cost; length of stay of guest clients ranges from one (1) to thirty (30) days; and the owner/operator of the principal structure resides on-site. Bed and breakfast homestay does not include uses such as motels, hotels, community residential homes, boarding or lodging houses, apartment dwellings, guest cottages or single-family dwelling transient rental.
(Ord. No. 95-2, § 1, 3-7-95)
Bed and breakfast inn shall mean a dwelling unit in which seven (7) to twelve (12) rooms in the principal residential structure are set aside for guest clients; breakfast is available on-site to only such guest clients at no extra cost; length of stay of guest clients ranges from one (1) day to a season; and the owner/operator of the principal structure resides on-site. Bed and breakfast inn does not include uses such as motels, hotels, community residential homes, boarding or lodging houses, apartment dwellings, guest cottages or single-family dwelling transient rental.
(Ord. No. 95-2, § 1, 3-7-95)
Big box development shall mean an individual retail and/or wholesale commercial establishment (store) with more than seventy-five thousand (75,000) square feet of gross floor area, which may include a home improvement center or a membership warehouse club. The "gross floor area" of such a store includes outdoor storage areas and any outdoor area providing services, such as, but not limited to, outdoor merchandise display, garden supplies, plant display, snack bars, etc. "Gross floor area," however, does not include loading areas. For the purpose of determining the applicability of the seventy-five thousand (75,000) square foot threshold, the aggregate square footage of all adjacent stores which may share either a series of checkout stands, management areas, storage areas, common entrances, or a controlling ownership interest, shall be considered a single commercial establishment (for example, a plant nursery associated with a general merchandise store or home improvement store, or a discount department store associated with a grocery store). The term "big box development" does not include an individual commercial establishment integrated within an indoor mall regional shopping facility.
(Ord. No. 2007-01 , § 12, 3-20-07)
Biomedical "biohazardous" waste incinerator facility shall mean property, structures and other appurtenances and improvements on the land used for incineration of the following:
Any solid or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, nonliquid tissue and body parts from humans and other primates; laboratory and veterinary waste which contains human disease-causing agents; used discarded sharps; and blood, blood products and body fluids from humans and other primates. The following are included:
(1)
Used, absorbent materials such as bandages, gauzes, or sponges supersaturated, having the potential to drip or splash, with blood or body fluids from areas such as operating rooms, delivery rooms, trauma centers, emergency rooms or autopsy rooms;
(2)
Devices which retain visible blood adhering to inner surfaces after use and rinsing such as intravenous tubing, hemodialysis filters and catheters; and
(3)
Other contaminated solid waste materials which represent a significant risk of infection because they are generated in medical facilities which care for persons suffering from diseases requiring strict isolation criteria and listed by the U.S. Department of Health and Human Services, Centers for Disease Control, "CDC Guideline for Isolation Precautions in Hospitals," July/August, 1983. (Reference to be retained on file in the zoning and environmental protection departments.)
Note: This definition includes wastes generated from medical, dental or other similar facilities.
(Ord. No. 92-41, § 3, 12-22-92)
Biological waste incinerator facility shall mean property, structures and other appurtenances and improvements on the land used for incineration of:
Solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, deceased or dead animals, human remains capable of transmitting pathogens to humans or animals. This definition is intended to include facilities used for the incineration of dead human bodies or animals in conjunction with a laboratory, animal service facility, and human or animal medical facility.
Note: This definition does not include human and animal crematories used for funeral purposes.
(Ord. No. 92-41, § 3, 12-22-92)
Boardinghouse, lodging house or rooming house shall mean a dwelling used for the purpose of providing meals or lodging or both to five (5) or more persons other than members of the family occupying such dwelling, or any unit designed, constructed and marketed where the individual bedrooms are leased separately and have shared common facilities. This definition shall not include a nursing home or community residential home. (For four (4) or less persons, see "family" definition in this section.)
(Ord. No. 2000-08, § 2, 4-11-00; Ord. No. 2016-19 , § 2, 9-13-16)
Building shall mean any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind, but not to include trailers as hereinafter defined.
Building face shall mean the area determined by multiplying the lineal footage of the building, including glass area, times the vertical height of the building.
Building height shall mean the vertical distance measured from the finished floor elevation of the front side of the structure to the highest point of the roof.
(Ord. No. 2004-01, § 2, 2-10-04)
Bus, school shall mean any motor vehicle that complies with the color and identification requirements of F.S. ch. 234 and is used to transport children to or from school, or in connection with school activities.
Cellar, see "Basement."
Clean dry wood shall mean wood (including lighter pine), lumber or tree and shrub trunks, branches and limbs which are free of paint, penthuchlorophenol, creosote, tar, asphalt or other wood preservatives and which when burned do not emit excessive visible emissions.
(Ord. No. 92-41, § 3, 12-22-92)
Clinic shall mean an establishment where patients who are not lodged overnight are admitted for examination and treatment by one (1) person or a group of persons, practicing any form of healing or health building services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession the practice of which is lawful in the state, excluding pain management clinics.
(Ord. No. 2012-11 , § 1, 6-5-12; Ord. No. 2015-12 , § 1, 6-30-15)
Club shall mean buildings, facilities and property owned and operated by a corporation or association of persons for social or recreational purposes, including those organized chiefly to promote friendship and welfare among its members, but not operated primarily for profit or to render a service which is customarily carried on as a business.
Club, bottle, shall mean any establishment operated for pecuniary gain in which no alcoholic beverages are sold, but where patrons are permitted to bring alcoholic beverages upon the premises for consumption.
Communication antenna shall mean an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission.
(Ord. No. 95-25, § 1, 8-29-95)
Communication tower shall mean a tower greater than thirty-five (35) in height and which does not exceed three hundred (300) feet in height (including antenna) which supports communication (transmission or receiving) equipment. The term communication tower shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC). Design examples of communication towers are described as follows: (1) self-supporting lattice; (2) guyed; and (3) monopole.
(Ord. No. 95-25, § 1, 8-29-95)
Community residential home shall mean a dwelling unit licensed to serve clients of the State of Florida pursuant to F.S. ch. 419, which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by support staff as may be necessary to meet the physical, emotional, and social needs of the "residents." The term "resident" as used in relation to community residential homes shall have the same meaning as stated in F.S. § 419.001(1)(e), as may be amended or replaced.
(Ord. No. 2016-19 , § 2, 9-13-16)
Cord of wood shall mean a unit of quantity for fuel wood equal to a stack measuring four (4) feet wide by four (4) feet high by eight (8) feet long equaling one hundred and twenty-eight (128) cubic feet.
(Ord. No. 99-17, § 2, 9-21-99)
Country inn shall mean a bed and breakfast inn in which more than twelve (12) rooms in the principal residential structure are set aside for guest clients; a full-service restaurant exists in the structure for use by guest clients and such restaurant may be open to the general public as well. Country inn is considered the same as a hotel use and is subject to the same restrictions.
(Ord. No. 95-2, § 1, 3-7-95)
Crematory facility, animal shall mean property, structures and other appurtenances and improvements on land used solely for the incineration of dead animal carcasses for funeral (burial) purposes.
(Ord. No. 92-41, § 3, 12-22-92)
Crematory facility, human shall mean property, structures and other appurtenances and improvements on land used solely for the incineration of dead human bodies for funeral (burial) purposes.
(Ord. No. 92-41, § 3, 12-22-92)
Cultivation facility shall mean any area in unincorporated Orange County designated in the MMTC's application to the Florida Department of Health to be used for the cultivation of marijuana.
(Ord. No. 2017-21 , § 3, 11-14-17)
Day care center, adult or child, shall mean a structure in which the owner or operator, for compensation, provides supervision and temporary care for more than ten (10) persons, who are not related by blood or marriage and not the legal wards or foster children of the owner or operator.
(Ord. No. 2004-01, § 2, 2-10-04)
Day care home, adult or child, shall mean a structure in which the owner and/or resident of the structure resides in that structure and, as a home occupation for compensation, provides supervision and temporary care for ten (10) persons or less, including those who are related by blood, marriage or are the legal wards or foster children of the owner/resident.
(Ord. No. 2004-01, § 2, 2-10-04)
Dead storage yard shall mean a site or yard used for the storage of operable materials, vehicles, and equipment. It is not a site or yard with anything that is inoperable or would normally be found in a junkyard or landfill. A site or yard where material, vehicles or equipment are moved on and off site on a daily or frequent basis may be classified under "contractor's storage yard."
(Ord. No. 2008-06 , § 4, 5-13-08)
Decibel shall mean a unit of measurement of the intensity of sound pressure.
Development review committee shall mean a committee, comprised of various staff members from the board of county commissioners' designated divisions and departments, organized for the purpose of review, evaluation and making recommendations to the planning and zoning commission and board of county commissioners of land development and zoning matters.
Dispensing facility shall mean any area in unincorporated Orange County designated in the MMTC's application to the Florida Department of Health to be used for the dispensing of marijuana.
(Ord. No. 2017-21 , § 3, 11-14-17)
District shall mean any section of the certain described area of the county to which these regulations apply and within which the zoning regulations are uniform.
Dormitory shall mean a building containing sleeping accommodations in closely associated rooms for persons not members of the same family that is operated for the use of students enrolled in an educational institution, as in a college dormitory.
(Ord. No. 2016-19 , § 2, 9-13-16)
Drive-in restaurants shall mean an establishment where food is served for consumption on the premises.
Dual rear wheel vehicle shall mean a motor truck, trailer, semitrailer or tractor/trailer combination and used as a means of transporting persons or property and propelled by power other than muscular power which have more than or are designed to have more than four (4) weight-bearing wheels, except that a dual rear wheel pick-up truck not used for commercial purposes shall not be deemed to constitute a dual rear wheel vehicle. A public service vehicle used for emergencies shall not be deemed to constitute a dual rear wheel vehicle when approved by the zoning manager.
(Ord. No. 99-17, § 2, 9-21-99)
Duplex, see dwelling, two-family.
(Ord. No. 93-11, § 2, 4-27-93)
Dwelling shall mean a building or portion thereof, designed or used exclusively for residential occupancy, but not including hotels, lodginghouses, motels, or mobile homes.
Dwelling, four-family (quadraplex), shall mean a building with four (4) dwelling units which has four (4) kitchens and is designed for or occupied exclusively by four (4) families. Each unit of a quadraplex must be connected by a common wall.
(Ord. No. 2016-19 , § 2, 9-13-16)
Dwelling, multiple, shall mean a building located on a single lot or parcel designed for or occupied exclusively by three (3) or more families.
(Ord. No. 2016-19 , § 2, 9-13-16)
Dwelling, single-family, shall mean a detached dwelling containing one (1) kitchen and complete housekeeping facilities for one (1) family only, designed for or occupied exclusively by one (1) family for usual domestic purposes, and having no enclosed space or cooking or sanitary facilities in common with any other dwelling. All rooms shall connect to a common area within the dwelling and there shall be one (1) main front door entry.
(Ord. No. 2016-19 , § 2, 9-13-16)
Dwelling, single-family transient rental, see transient rental, single-family dwelling.
Dwelling, three-family (triplex) , shall mean a building with three (3) dwelling units which has three (3) kitchens and is designed for or occupied exclusively by three (3) families. Each unit of a triplex must be connected by a common wall.
(Ord. No. 93-11, § 2, 4-27-93; Ord. No. 2016-19 , § 2, 9-13-16)
Dwelling, two-family (duplex) , shall mean a building with two (2) dwelling units which has two (2) kitchens and is designed for or occupied exclusively by two (2) families. Each unit of a duplex must be connected by a common wall.
(Ord. No. 93-11, § 2, 4-27-93; Ord. No. 2016-19 , § 2, 9-13-16)
Educational institution shall mean a premises or site upon which there is an institution of learning for minors, whether public or private, which conducts regular classes and/or courses of study required for eligibility to certification by, accreditation to, or membership in the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools, or the Florida Council of Independent Schools. The term "educational institution" includes a premises or site upon which there is a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning. However, the term "educational institution" does not include a premises or site upon which there is a vocational institution, professional institution or an institution of higher education, including a community college, junior college, four-year college or university.
Efficiency dwelling unit shall mean a dwelling unit with independent bathroom and kitchen facilities and a combined room used for living and sleeping.
(Ord. No. 93-11, § 2, 4-27-93)
Emergency utility vehicle shall mean any vehicle owned by a public or private utilities service which is used in the event of emergencies requiring immediate attention.
Emission shall mean the act of passing into the atmosphere an air contaminant or gas stream which contains or may contain an air contaminant; or the material so passed into the atmosphere.
Erect shall mean to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs.
Explosive compound shall mean any chemical compound, mixture, or device, the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat.
(Ord. No. 2004-01, § 2, 2-10-04)
Family shall mean an individual; or two (2) or more persons related by blood, marriage or adoption, exclusive of household servants, occupying a dwelling and living as a single housekeeping unit; or four (4) or fewer persons, not related by blood, marriage or adoption, exclusive of household servants, occupying a dwelling and living as a single housekeeping unit, in either case as distinguished from persons occupying a boardinghouse, lodging house, rooming house, nursing home, community residential home, or hotel, as herein defined.
(Ord. No. 2000-08, § 2, 4-11-00; Ord. No. 2016-19 , § 2, 9-13-16)
Family day care home shall mean as defined in F.S. § 402.302, as it may be amended from time to time.
(Ord. No. 93-11, § 2, 4-27-93; Ord. No. 2008-06 , § 4, 5-13-08; Ord. No. 2016-19 , § 2, 9-13-16)
Family foster home shall mean a private residence licensed by the state department of health and rehabilitative services pursuant to F.S. § 409.175, in which children, who are unattended by a parent or legal guardian, are provided twenty-four-hour care. Such homes include emergency shelter family homes, family foster group homes, and specialized foster homes for children with special needs. A family foster home shall have no more than five (5) children, including the foster parent's own children (except as waived by HRS for special circumstances in order to keep siblings together).
Fence shall mean a structure that functions as a boundary or barrier for the purpose of safety, to prevent entrance, to confine, or to mark a boundary.
(Ord. No. 2016-19 , § 2, 9-13-16)
Filling station, see "Automobile service station."
Fireworks shall be given the same definition as provided for in F.S. § 791.01, as it may be amended from time to time.
Flag shall mean flags used as emblems of on-premise businesses, firms, companies, enterprises, and/or religious, charitable, public or nonprofit organizations.
Fraternities, see "Clubs."
Frontage, building, shall mean the length of an outside building wall facing a public right-of-way.
Garage, apartment, shall mean an accessory or subordinate building containing living facilities for not more than one (1) family and an enclosed space for at least one (1) automobile, not a part or attached to the principal building.
Garage, mechanical, shall mean buildings and premises where the functions and services rendered by an automobile service station may be rendered and, in addition thereto, all other services catering to the maintenance service and repair of automobiles may be rendered, except:
(1)
Bodywork.
(2)
Painting of automobiles or other vehicles.
(3)
Storage of vehicles for the purpose of using parts of such vehicles for sale or repair.
(4)
Any condition which may be classified as a junkyard.
Garage, residential, shall mean an accessory building or portion of the principal building including carport used for the storage of automobiles of the occupants of the principal building.
Garage, storage, shall mean a building or portion thereof designed or used exclusively for the storage or parking of automobiles. Services, other than storage at such storage garage, shall be limited to refueling, lubrication, washing, waxing and polishing.
Gross land area shall mean the total amount of land included in the project legal description. (Natural water bodies shall not be included, whether partially or totally included in the legally described tract.)
Guest house shall mean living quarters without kitchen facilities within a detached accessory building located on the same lot or parcel of land as the principal building, and used exclusively for housing members of the family occupying the principal building or their nonpaying guests.
(Ord. No. 2008-06 , § 4, 5-13-08)
Hazardous waste incinerator facility shall mean property, structures and other appurtenances and improvements on land used for the incineration of:
Solid waste, or a combination of solid wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed, These wastes are typically defined as hazardous by the U.S. Environmental Protection Agency and the Florida Department of Environmental Regulation. (Reference to be retained on file in the zoning and environmental protection departments.)
(Ord. No. 92-41, § 3, 12-22-92)
Hazardous waste treatment, storage and disposal facility shall mean as defined in the Solid Waste Management Ordinance, article V, chapter 32, Orange County Code.
(Ord. No. 2009-11 , § 3, 4-28-09)
Home improvement center shall mean a retail commercial establishment whose merchandise consists primarily of construction materials, hardware, and other home improvement items.
(Ord. No. 2007-01 , § 12, 3-20-07)
Home occupation shall mean any use conducted entirely within a dwelling or accessory building and carried on by a resident or residents thereof that is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, subject to section 38-79(101).
(Ord. No. 2008-06 , § 4, 5-13-08; Ord. No. 2012-11 , § 1, 6-5-12; Ord. No. 2013-04 , § 1, 2-12-13; Ord. No. 2015-12 , § 1, 6-30-15; Ord. No. 2016-19 , § 2, 9-13-16)
Hotel shall mean a building or other structure used and maintained as a place where sleeping accommodations are supplied transient guests.
Household hazardous waste shall mean certain potentially toxic, flammable and reactive solid and/or liquid wastes as defined by state department of environmental regulations and the United States Environmental Protection Agency that typically can be generated from residential housing units. Such wastes can be discarded residues of pesticides, paints, cleaners and fuels (i.e., used motor oil and automotive fluids), etc.
(Ord. No. 92-41, § 3, 12-22-92)
Institutional uses shall mean public and quasi-public uses such as, but not limited to, hospitals, schools (public or private with state approved academic curriculum), etc.
(Ord. No. 92-41, § 3, 12-22-92)
Junkyard shall mean an area where used or secondhand goods, equipment and/or machinery is bought, sold, exchanged, maintained, stored, or disassembled, including, but not limited to, wrecked or inoperable automobiles, scrap iron and other metals, plumbing fixtures, electrical fixtures, and lumber. Junkyard shall include specifically, but not by way of limitation, automobile wrecking yards, and used appliance wrecking and/or storage yards, and shall expressly exclude any type of landfill and recycling of solid waste or recovered materials operations.
(Ord. No. 94-26, § 2, 12-13-94)
Kennel shall mean any building, lot, structure or premises wherein animals, excluding livestock and exotic animals regulated by the Florida Game and Freshwater Fish Commission, are kept for sale, breeding, boarding, buying, letting for hire, or training for a fee. The following are specifically excluded from this definition of kennel:
(1)
Pet shops,
(2)
Animal or pet hospitals,
(3)
Pet beauty parlors,
(4)
Breeding at a residence of two (2) or less litters per calendar year, provided that no more than twenty (20) animals are kept/housed/confined at the residence at any one time,
(5)
Veterinarian facilities,
(6)
Keeping/housing/confining of twenty (20) or fewer animals at a residence at any one time for noncommercial purposes only.
(Ord. No. 95-33, § 2, 10-10-95)
Kitchen shall mean the facilities and equipment used in the preparation and serving of food. This may include, but is not limited to, stoves, microwave ovens, hot plates, sinks, refrigerators, cabinets or other food preparation equipment, or any combination thereof; this may not include wet bars, outside grilling facilities, outside sinks or refrigerators, or other items determined by the zoning department manager as not constituting a kitchen.
(Ord. No. 93-11, § 2, 4-27-93)
Labor pools and labor halls shall be given the same definition as provided for in F.S. § 448.22(1) and (3), respectively, as either or both may be amended from time to time, but subject to the exclusions set forth in F.S. § 448.23, as it may be amended from time to time.
(Ord. No. 2004-01, § 2, 2-10-04)
Landscaping shall mean the use of plants, construction and grading to create a desired effect. Landscaping elements may consist of, but are not limited to, turf and other ground covers, shrubs, vines, hedges, trees, berms, and complementary structural landscape features such as rock, fountains, sculpture, decorative walls and tree wells.
(Ord. No. 93-11, § 2, 4-27-93)
Laundry, self-service, shall mean a business that provides coin-operated washing, drying, dry cleaning and/or ironing machines for hire to be used by customers on the premises.
Living area shall mean the total air conditioned or heated floor area of all dwelling units measured to the interior surfaces of exterior walls, but excluding exterior halls and stairways.
(Ord. No. 93-11, § 2, 4-27-93; Ord. No. 2016-19 , § 2, 9-13-16)
Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted in this chapter.
Lot, corner, shall mean a lot abutting two (2) or more streets at their intersection.
Lot depth, shall mean the distance measured from the midpoint of the front line to the midpoint of the opposite rear line of the lot.
Lot, double frontage, shall mean the lot having a frontage on two (2) nonintersecting streets as distinguished from a corner lot.
Lot frontage, agricultural, commercial and industrial, shall mean all the agricultural, commercial and industrial property on the width of the lot abutting the street with heaviest traffic usage.
Lot frontage, residential, shall mean all the property on the narrow width of a lot abutting a street right-of-way.
Lot, interior, shall mean a lot other than a corner lot.
Lot of record shall mean a lot which is a part of a subdivision, the plat of which has been lawfully recorded in the office of the clerk of the circuit court of the county, or a parcel of land, the deed of which was lawfully recorded in the office of the clerk of the circuit court of the county on or before October 7, 1957.
Lot, reversed corner, shall mean a corner lot on the side street lot line of which is substantially the continuation of the front lot line of the first lot to its rear.
Lot width shall mean the horizontal distance between the side lot lines, measured at right angles to the depth.
Low-THC cannabis has the same meaning provided at F.S. § 381.986(1), as may be amended from time to time.
(Ord. No. 2017-21 , § 3, 11-14-17)
Major street plan shall mean a plan for existing or proposed traffic thoroughfares for the county, as amended.
Manufactured home, see mobile home.
(Ord. No. 93-11, § 2, 4-27-93)
Marijuana delivery device has the same meaning provided at F.S. § 381.986(1), as may be amended from time to time.
(Ord. No. 2017-21 , § 3, 11-14-17)
Marijuana has the same meaning given to it by F.S. § 381.986(1), as may be amended from time to time, and shall include Low-THC cannabis.
(Ord. No. 2017-21 , § 3, 11-14-17)
Medical Marijuana Treatment Center (MMTC) has the same meaning provided at Rule 1-1.01, Florida Administrative Code, as may be amended from time to time.
(Ord. No. 2017-21 , § 3, 11-14-17)
Medical use has the same meaning provided at F.S. § 381.986(1), as may be amended from time to time.
(Ord. No. 2017-21 , § 3, 11-14-17)
Membership warehouse club shall mean a commercial establishment which sells products in large quantities, or in bulk, on a wholesale and/or retail basis to business and individual members, and which charges membership dues, or otherwise restricts merchandise sales to customers or members who pay a periodic access fee.
(Ord. No. 2007-01 , § 12, 3-20-07)
Mobile home shall mean a structure transportable in one (1) or more sections, which structure is eight (8) feet or more in width and over thirty-five (35) feet in length, and which structure is built on an integral chassis and designed to be used as a dwelling when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. A mobile home shall be constructed to United States Department of Housing and Urban Development standards.
(Ord. No. 2016-19 , § 2, 9-13-16)
Modular home shall mean a factory-built home constructed in compliance with the (local or) state building code and consistent with the Florida Department of Community Affairs as applicable to modular housing. Modular homes shall be subject to the same standards as site-built homes.
(Ord. No. 93-11, § 2, 4-27-93)
Motel shall mean a building or group of buildings, whether detached or in connected units, used as sleeping accommodations designed primarily for transient automobile travelers. The term "motel" includes buildings designed as auto courts, tourist courts, motor lodges, and similar appellations.
Multiple tenant structure shall mean any building or structure designed or constructed for two (2) or more tenants.
Net land area shall mean the total amount of land outside of (publicly dedicated) rights-of-way or support facilities (e.g., natural water bodies, utility sites, or stormwater retention areas will not be included in the computation of net land area).
Net lot area shall mean the land area included in an individual lot or parcel, not including land for use as rights-of-way, support facilities and common areas.
Nonconforming use shall mean any use of a building or land lawfully existing at the time of passage of this chapter or amendments thereto which does not conform after the passage of this chapter or amendments thereto with the use regulations of the district in which it is located.
Nonprofit organization shall mean any group operating as a registered nonprofit organization serving a public purpose or providing a public service, including such organizations as clubs, lodges, theater groups, recreational and neighborhood associations, cultural activities and private, nonprofit schools.
Normal high water elevation shall mean the landward edge of any natural surface water body during normal hydrological conditions and is an elevation determined by the public works director or his designee.
(Ord. No. 93-11, § 2, 4-27-93)
Noxious matter shall mean material which is capable of causing injury to living organisms by chemical reaction.
Nursing homes shall mean a home for the aged, convalescent, chronically ill, or incurable persons, in which two (2) or more persons not of the immediate family are received, kept or provided with food and shelter or care; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
Occupancy shall mean the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
Octave band filter shall mean an electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.
Open space shall mean land set aside for:
(1)
The protection of natural resources (such as uplands, wildlife habitats and groundwater recharge areas) and areas unsuitable for development due to natural hazards (such as wetlands, floodplains and areas of unsuitable soils);
(2)
Recreation areas; and
(3)
The enhancement of the urban environment (including buffer areas, landscaped areas, plazas and hardscapes).
(Ord. No. 92-42, § 3, 12-15-92)
Owner shall mean and include the owner of the fee simple title of record, a vendee under a contract or agreement for deed or a lessee under a written lease whose remaining term at the time of application for hearing is more than ten (10) years.
Pain management clinic has the meaning ascribed in F.S. § 458.3265 or F.S. § 459.0137, as applicable, and is a clinic that is required to register with the Florida Department of Health pursuant to F.S. § 458.3265 or F.S. § 459.0137.
(Ord. No. 2012-11 , § 1, 6-5-12; Ord. No. 2015-12 , § 1, 6-30-15)
Park shall mean a tract of land within a municipality or unincorporated area which is kept for ornament and/or recreation and which is maintained as public property.
Parking garage shall mean freestanding and/or attached structure which has the primary use of the storage or parking of motor vehicles.
Parking lot shall mean an area or parcel of ground used for the storage or parking of motor vehicles either for compensation or to provide an accessory service to a commercial, industrial or residential use.
Particulate matter shall mean material which is suspended in or discharged into the atmosphere in a finely divided form either as a liquid or a solid.
Patio home shall mean a single-family dwelling unit with a private outdoor living area serving each unit, side walls of which may be common.
Perceived noise level shall mean a method of measuring complex sounds designated in the "Journal of the Acoustical Society of America," No. 31, Pages 1415 through 1429, 1959.
Editor's note— Ord. No. 95-31, § 2, adopted Sept. 26, 1995, called for the repeal of all "references in Chapter 38 of the Orange County Code to noise level requirements."
Performance standard shall mean a criterion established to control such matters as, but not limited to, noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare and heat generated by or inherent in uses of land or buildings.
Pharmacy means the same as that term is defined in F.S. § 465.003 as it may be amended from time to time.
(Ord. No. 2012-11 , § 1, 6-5-12; Ord. No. 2015-12 , § 1, 6-30-15)
Physician certification has the same meaning provided at F.S. § 381.986(1), as may be amended from time to time.
(Ord. No. 2017-21 , § 3, 11-14-17)
Poultry shall mean domestic fowl, including chickens, roosters, turkeys, ducks, geese, pigeons, but excluding wild or non-domestic birds regulated by the fish and wildlife conservation commission.
(Ord. No. 2016-19 , § 2, 9-13-16)
Preexisting shall mean as follows:
(1)
When used together with the term "religious institution," "educational institution," "school," "commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption," "residence," or other structure, the word "preexisting" shall mean as follows:
a.
The establishment, institution, residence, or structure is already being lawfully used or lawfully occupied; or
b.
A building permit for the establishment, institution, residence, or structure has been lawfully issued, all fees associated with the permit have been paid, and the permit has not expired; or
c.
Plans for a building permit to allow the establishment, institution, residence, or structure to be constructed, used or occupied have been approved, with or without conditions, all fees associated with the building permit application process have been paid, and no more than six (6) months has passed since the date where the county approved the plans (notwithstanding that the time allowed for issuance of a building permit after county approval of plans may be extended by the Building Division for an additional period beyond six (6) months); or
d.
Plans for a building permit to allow the establishment, institution, residence, or structure to be constructed, used or occupied have been submitted for review, and no more than six (6) months has passed from the date of initial submittal.
e.
With respect to a liquor license application, such an application has been filed with the Zoning Division, and no more than sixty (60) calendar days have passed since the date of filing the application. In order to maintain a business entity's "preexisting" status after sixty (60) calendar days, the applicant must satisfy subsection a, b, c, or d above. Only one liquor license application per business entity shall be accepted for any proposed location within the sixty (60) day period.
(2)
When used together with the term "park," the word "preexisting" shall mean as follows:
a.
The park is already being used; or
b.
The park site has been approved or otherwise designated by the appropriate governing body
(Ord. No. 2004-01, § 2, 2-10-04)
Processing facility shall mean any area in unincorporated Orange County designated in the MMTC's application to the Florida Department of Health to be used for the processing of marijuana.
(Ord. No. 2017-21 , § 3, 11-14-17)
Quadraplex, see dwelling, four-family.
(Ord. No. 93-11, § 2, 4-27-93)
Qualifying medical condition has the same meaning provided at F.S. § 381.986(1), as may be amended from time to time.
(Ord. No. 2017-21 , § 3, 11-14-17)
Recreation space shall mean that portion of land specifically allocated to serve the recreational needs of the neighborhood or community.
Recreational vehicle shall mean as defined at section 38-1527.
(Ord. No. 2016-19 , § 2, 9-13-16)
Recreational vehicle park shall mean as defined at section 38-1527.
(Ord. No. 2016-19 , § 2, 9-13-16)
Religious institution shall mean a premises or site which is used primarily or exclusively for religious worship and may include related or attendant religious oriented activities, such as education, recreation, or outreach. A religious institution includes, but is not limited to, a church, mosque, synagogue, or temple.
(Ord. No. 2008-06 , § 4, 5-13-08)
Restaurant shall mean any establishment where food is served for consumption off the premises or within an enclosed building.
Retail sale of sparklers shall mean a business engaged in the sale of sparklers to consumers at retail.
(Ord. No. 2004-01, § 2, 2-10-04)
Ringelmann Chart shall mean a method of designating smoke density or opacity as designated in the U.S. Bureau of Mines Information Circular No. 7718 and subsequent amendments thereto.
Roof line shall mean the top edge of a roof of building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.
Schools (charter) shall mean those schools organized as a nonprofit organization which have applied for and received authorization from the Orange County School Board to operate as a charter school for kindergarten, elementary and/or secondary school grades in accordance with the Florida Statutes pertaining to charter schools which became law in 1996, as that statute may be amended or replaced.
(Ord. No. 96-31, § 1, 10-8-96)
Schools (private) shall mean any non-public school offering kindergarten, elementary and/or secondary school grades on a full-time, regular attendance basis; such private schools include, but are not limited to, parochial, religious or denominational schools and private institutions supported in whole or in part by tuition charges or by endowments or gifts.
(Ord. No. 96-31, § 1, 10-8-96)
Schools (public) , sometimes referred to or known or referred to as traditional public schools , shall mean publicly supported and controlled schools under the jurisdiction of the Orange County School Board consisting of kindergarten, elementary and/or secondary school grades.
(Ord. No. 96-31, § 1, 10-8-96; Ord. No. 2017-06 , § 2, 4-25-17)
Screen room shall mean a nonhabitable structure consisting of solid aluminum roof panels, attached to the principal structure. Such room shall be open and unenclosed on the projecting three (3) sides, supported by aluminum columns. The aluminum columns may only support screen mesh, solid aluminum kick panels up to twenty-four (24) inches in height above the floor of the room and/or vinyl panels which are seasonal, nonpermanent and removable. The screen mesh shall be the type not less than fifty-five (55) percent open.
Service station, see "Automobile service station."
Shopping center shall mean one (1) or more retail stores and/or service establishments containing a minimum of fifteen thousand (15,000) square feet of floor space.
Short-term rental shall mean where the length of stay under the rental or lease arrangement is one hundred seventy-nine (179) days or less. Examples of nonresidential uses requiring short-term rental include hotels, motels, time-shares, condominium hotels, resort rental, resort residential, resort villa, and transient rental.
(Ord. No. 2008-06 , § 4, 5-13-08)
Simulated gambling establishment shall mean an establishment conducted or operated for commercial or pecuniary gain or for the collection of donations or gifts that simulates a casino-type atmosphere, or has any simulated casino game, any simulated gambling device, or simulated slot machine, including the use of video or other machines or games appearing to be the same, or substantially similar, to those machines or games typically or commonly used in casinos or casino venues.
(Ord. No. 2004-01, § 2, 2-10-04; Ord. No. 2011-12 , § 2(a), 10-18-11)
Solid waste disposal facility shall mean as defined in the Solid Waste Management Ordinance, article V, chapter 32, Orange County Code.
(Ord. No. 2009-11 , § 3, 4-28-09)
Solid waste incinerator facility shall mean property, structures and other appurtenances and any improvements on the land used for the incineration of:
Garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, sludge or other discarded material including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Solid waste does not include: nuclear source or by-product materials regulated under F.S. ch. 404, or under the Federal Atomic Energy Act of 1954 as amended; suspended or dissolved materials in domestic sewage effluent or irrigation return flows or other regulated point source discharges; regulated air emissions; and fluids or wastes associated with natural gas or crude oil exploration or production.
(Ord. No. 92-41, § 3, 12-22-92)
Solid waste management facility shall mean as defined in the Solid Waste Management Ordinance, article V, chapter 32, Orange County Code.
(Ord. No. 2009-11 , § 3, 4-28-09)
Sororities, see "Club."
Sparkler shall be given the same definition as provided for in F.S. § 791.01, as it may be amended from time to time.
(Ord. No. 2004-01, § 2, 2-10-04)
Special act shall mean chapter 30, article II of this Code.
Specified anatomical areas shall mean:
(1)
Less than completely and opaquely covered:
a.
Human genitals or pubic region; or
b.
Cleavage of the human buttocks; or
c.
That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.
(2)
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities shall mean:
(1)
Human genitals in a state of sexual stimulation, arousal or tumescence; or
(2)
Acts of human analingus, beastiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty; or
(3)
Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast; or
(4)
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3).
Standard condition shall mean a condition in which the gas temperature is sixty (60) degrees Fahrenheit and the gas pressure is fourteen and seven-tenths (14.7) pounds per square inch, dry basis.
Story shall mean that portion of a building included between the surface of any floor and the surface of the floor directly overhead or, if there is no floor directly above, then the space between such floor and the ceiling next above it.
(Ord. No. 93-11, § 2, 4-27-93)
Street shall mean a public or private thoroughfare which affords the principal means of access to abutting property, including publicly owned or controlled streets and permanent easements of record, for ingress and egress which pass with the land. "Street" includes, lanes, ways, or other means of ingress and egress regardless of the term used to describe it.
Street right-of-way line shall mean the dividing line between a lot, tract or parcel of land and a contiguous street.
Structure shall mean and include all permanent or temporary, fixed or movable construction, including buildings, stands, poles, signs and billboards, erected independently or affixed to exterior walls or roofs; provided, however, that utility owned poles and lines shall not be considered a structure.
(Ord. No. 2016-19 , § 2, 9-13-16)
Student housing shall mean any multi-family development or portion thereof where the dwelling units are designed and constructed as three (3) or more bedrooms with three (3) or more bathrooms which is marketed and/or rented to students attending a local college, university, community college, or private school, or any multi-family development or portion thereof comprised of dwelling units consisting of three (3) or more bedrooms and less than three (3) bathrooms where the bedrooms are leased separately.
(Ord. No. 2000-08, § 2, 4-11-00); Ord. No. 2016-19 , § 2, 9-13-16)
Swimming pool shall mean any constructed pool over twenty-four (24) inches in depth or with a surface area exceeding two hundred fifty (250) square feet used for swimming or bathing.
Temporary portable storage container shall mean a structure temporarily used for storage that is not attached to a dwelling and does not have any water or electrical fixtures.
(Ord. No. 2016-19 , § 2, 9-13-16)
Tourism district shall mean the area or areas which the board of county commissioners by ordinance shall from time to time determine to be those areas of the county which lie outside the boundaries of the Reedy Creek Improvement District and outside the boundaries of any municipality and which contain the most frequent and intense tourist activity. (A map of the tourism district shall be attached to the ordinance defining or amending the boundaries of the tourism district and such map shall be available for inspection in the office of the clerk to the board).
Tourist commercial shall mean public or private or commercial operations associated with the hospitality industry which are intended to provide services primarily to visitors to the central Florida area.
Townhouse project shall mean a housing complex where each dwelling unit and all or a portion of the land area is individually owned. The purpose of the townhouse project is to retain the qualities of home ownership and at the same time provide for the attractive qualities of apartment living including higher density, efficiency, convenience, economy and effectively designed and maintained open space. Townhouse projects contain one (1) or more townhouse buildings, each of which contain two (2) or more townhouse units. Parking lots, driveways, walkways and accessory recreation areas may be located in areas retained in common ownership which are owned jointly by the owners of townhouse units.
Townhouse units shall mean self-contained dwellings which are designed and constructed so that the unit and the lot on which it is located may be individually owned. Townhouse units are separated by fireproof and soundproof walls and are designed to provide privacy.
Toxic materials shall mean materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
Trailer, see article VI, division 13.
Trailer park, see article VI, division 13.
Transient rental, single-family dwelling shall mean the renting or leasing of a single-family dwelling for a period of less than thirty (30) days.
Triplex, see dwelling, three-family.
(Ord. No. 93-11, § 2, 4-27-93)
Truck stop or terminal shall mean buildings and premises designed so as to cater principally to trucks, where the functions and services rendered by a mechanical garage may be rendered, but not to include the storage of vehicles for the purpose of using parts of such vehicles for sale or repair.
Use, principal, shall mean the main use of land or buildings as distinguished from a subordinate or accessory use.
Use variance shall mean a variance granted for a use, building, or structure that is not permitted or that is prohibited in the particular zoning district.
(Ord. No. 2008-06 , § 4, 5-13-08)
Vacant land shall mean any real property not containing an existing principal land use. Those properties that have active or unexpired building permits for accessory uses only without a principal land use, such as but not limited to, fences, signs, septic tanks and wells, and accessory and storage buildings, shall constitute vacant land. However, properties that have active or unexpired building permits for a principal land use shall not constitute vacant land.
(Ord. No. 95-25, § 1, 8-29-95)
Vehicular accessway shall mean any private driveway, alley, local street or collector street, or any public local, collector or arterial street or highway.
(Ord. No. 93-11, § 2, 4-27-93)
Wholesale sale of fireworks shall mean a business engaged in the wholesale sale of fireworks to a bonafide sales tax exempt retailer.
(Ord. No. 2004-01, § 2, 2-10-04)
Wood waste incinerator facility shall mean a permanent facility as permitted by FDER; such facility includes property, structures and other appurtenances and any improvements on the land used for the controlled incineration of clean dry wood, as herein defined. A temporary wood waste incinerator facility shall be a facility which complies with each of the following three (3) criteria:
(1)
The facility is exempted from FDER permit requirements;
(2)
The facility otherwise complies with F.A.C., ch. 17-256, as may be amended; and
(3)
Use of the facility shall be for only clean dry wood generated on-site; and shall be allowed in any zoning district.
Note: This definition includes air curtain and similar incinerator facilities.
(Ord. No. 92-41, § 3, 12-22-92)
Yard shall mean an open space at grade between a principal building and the adjoining property lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the extreme support of the roof of the principal building shall be used.
Yard, front, shall mean a yard extending across the front of a lot between the side lot lines, and being a minimum horizontal distance between the street line and the principal building or any projections thereof other than the projections of uncovered steps, uncovered balconies, or uncovered porches.
(Ord. No. 2016-19 , § 2, 9-13-16)
Yard, rear, shall mean a yard extending across the rear of a lot between the side lot lines, and being a minimum horizontal distance between the rear of the principal building or any projections thereof other than the projections of uncovered steps, uncovered balconies, or uncovered porches, and the rear lot line. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard.
Yard, side, shall mean a yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projection thereof.
Yard trash processing facility shall mean as defined in the Solid Waste Management Ordinance, article V, chapter 32, Orange County Code.
Zero lot line shall mean the location of a building on a lot in such a manner that one (1) or more of the building's sides rests directly on a property line.
Zoning manager, or zoning division manager, shall mean the manager of the zoning division, or his or her authorized designee.
(Ord. No. 2008-06 , § 4, 5-13-08)
(P & Z Res., art. II; Ord. No. 91-15, § 2, 6-18-91; Ord. No. 92-1, § 10, 1-21-92; Ord. No. 92-13, § 10, 4-7-92; Ord. No. 93-26, §§ 2, 3, 9-28-93; Ord. No. 95-20, § 2, 7-25-95; Ord. No. 95-33, § 2, 10-10-95; Ord. No. 99-21, § 2, 12-14-99; Ord. No. 2014-01 , § 3, 1-28-14; Ord. No. 2016-19 , § 2, 9-13-16)