§ 106-32. Definitions.

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

Commencement of construction means the physical act of constructing or installing on or in the property substantial infrastructure as approved in a final development order, final subdivision plat, final site development plan, final subdivision master plan, or planned unit development master plan.

Comprehensive plan means a plan that meets the requirements of F.S. §§ 163.3177 and 163.3178, and may mean the county growth management plan, where appropriate.

Consistency, consistent with, or in compliance means the compared item (zoning) is in accordance with, in agreement with, within the parameters specified by, exemplified by, compatible with, and furthers the norm (the growth management plan) to which it is compared. If the compared item (zoning) deviates or departs in any direction or degree from the parameters of the norm (the growth management plan), the compared item (zoning) or action is not "consistent" with the norm (the growth management plan). The term "consistent with" means that the compared item (zoning) is not in conflict with the norm (the growth management plan). The term "furthers" means to take action in the direction of realizing goals, policies or objectives of the norm (the growth management plan). For purposes of determining the "consistency" of a development proposal with the growth management plan or the land development regulations, each of the latter "norms" shall be construed as a whole and no specific goal, policy or objective shall be construed or applied in isolation from the other goals, policies and objectives contained therein.

Developer means any person, including a governmental agency, undertaking any development.

Development has the meaning given it in F.S. § 380.04.

Development order means any order, permit, determination, or action granting, denying, or granting with conditions an application for any final local development order, building permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right-of-way permit, blasting permit, excavation permit, construction approval for infrastructure (including water, sewer, grading, paving), approved development of regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal construction control line variance, tree removal permits, site development plan approval, subdivision approval (including plats, plans, variances, and amendments), rezoning, PUD amendment, certification, conditional use (provisional use), variance, or any other official action of the county having the effect of permitting development.

Final development order means a final local development order or a final DRI development order.

Final DRI development order means a development order, as amended from time to time, adopted by the board of county commissioners and approved by the state pursuant to F.S. § 380.06, notice of which is recorded pursuant to F.S. § 380.06(15)(f).

Final local development order means any valid, unexpired building permit issued by the county.

Growth management plan or GMP means the most recently adopted and effective comprehensive plan of the county, as amended from time to time.

Improved property means a lot on which there has been commencement of construction, and on which substantial permanent buildings have been constructed or installed pursuant to a valid, unexpired, final development order of the county and includes unified plans of development on which there has been substantial commencement of construction.

Infrastructure means drainage (water management), road, potable water and sanitary sewer facilities as approved and required by the county.

Land means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Land development regulations mean ordinances enacted by the board of county commissioners pursuant to F.S. § 163.3161 et seq., for the regulation of development, and includes any zoning, subdivision, impact fee, building construction, or sign regulations, or any other regulations controlling the development of land.

Lot or lot of record means either:

(1)

A lot which is part of a subdivision recorded in the office of the clerk of the circuit court of the county;

(2)

The least fractional unit of land under common ownership which has limited fixed boundaries described by metes and bounds, the description of which has been so recorded in the office of the clerk of the circuit court of the county as of December 1, 1989; or

(3)

The least fractional unit of land under common ownership which has limited fixed boundaries described by a valid and effective final local development order or final site development plan.

Parcel or parcel of land means a lot.

Planning communities means those designated areas of land that are identified in subsection 106-43(b) and are more particularly described and shown on exhibit 1 to Ordinance No. 90-23.

Property means a lot.

Tract means a lot.

Unified plan of development means the following:

(1)

An approved planned unit development except, that the residential and commercial elements of the planned unit development shall be considered separately for purposes of consistency determinations; or

(2)

A final residential subdivision plat, except that each different zoning district of the final subdivision plat shall be considered separately for purposes of consistency determinations.

Unimproved property means a lot on which there has been no commencement of construction, or on which there has been commencement of construction but no substantial, permanent buildings have been constructed or installed pursuant to a valid, unexpired, final development order of the county, or unified plans of development on which there has been no substantial commencement of construction.

(Ord. No. 90-23, § 4)

Cross reference

Definitions generally, § 1-2.