Day care center/kindergarten means a use, with no facilities for overnight stays, which provides child care and/or training for pre-school children and may provide after-school care for older children, including any child care arrangement which provides child care for more than five children unrelated to the operator and which receives payment, fee or grant for any of the children receiving care, wherever operated, and whether or not for profit, as defined and regulated by Chapter 402 of the Florida Statutes.

Density means a measurement (ratio) of the number of dwelling or transient accommodation units allowable to a specified amount of land. As used in this ordinance, the calculation of density does not include land devoted to public rights-of-way. [See also “Intensity” and “Floor area ratio”.]

Development means the excavation or alteration of existing ground elevations, the carrying out of any building activity, the making of any change in the use or appearance of any structure or land, the dividing of land, rezoning, conditional use, variance, commercial dock, or any other request for official action of the city having the effect of development of land.

Development order or permit means any order granting, denying, or granting with conditions an application for a development approval including the following:

(1) Site plan approval;

(2) Conditional use approval;

(3) Land subdivision approval;

(4) Variance;

(5) Land use amendments;

(6) Rezoning;

(7) Developments of regional impact;

(8) Commercial dock; or

(9) Any other official action of the city having the effect of permitting the development of land.

Development site. See “Zoning lot.”

Dock means any structure, including a pier, wharf, loading platform, tie poles, dolphins, accessory structures, or a boat lift which is constructed on piles, over open water, or which is supported by flotation on the waters of the county. Docks are further classified as follows:

(1) Residential dock means a dock that is permitted as an accessory to a one or two-family residential use which is built on pilings over water or supported by flotation devices, and is designed or used to provide moorage for one or more boats without charge.

(2) Commercial dock means a structure on piles over water or a structure that is defined as a commercial dock by the county environmental resources management division and which is designed or used to provide a berth for and access to one or more private, charter, commercial or party boats further classified and defined, as follows:

a. Class A means any dock used in connection with a hotel, motel, restaurant and where the slips are not rented, leased or sold, but utilized as an enhancement to the principal function of the basic facility.

b. Class B means any dock used in connection with a social, fraternal club or organization, and where use of the facility is restricted to members only or multiuse private docks owned individually or in common by the residents of any residential development with three or more residential units.

c. Class C means any dock constructed and maintained by the local municipality.

d. Class D means any dock where the primary function is the collection of revenue for profit. This classification applies to all commercial marinas and commercial boat docking facilities.

Dock repair means the replacement of:

(1) The piling or support system of a dock;

(2) More than 25 percent of the dock surface area.

Dry cleaners. See “Laundry – Dry cleaning”.

Dumpster means a box-like container having a lid or access doors, generally having an interior capacity of two cubic yards or more and weighing in excess of 150 pounds, and requiring lifting and emptying by mechanical means or devices, into which unwanted waste and refuse materials, food products, yard waste or other discarded items are placed or stored for later removal and final disposal by a waste management service.

Dune means a mound or ridge of loose sediments, usually sand, lying landward of the beach and deposited by any natural or artificial means.

Duplex. See: “Residential dwelling unit – Two-family.”

Dwelling unit. See “Residential dwelling unit”.

Easement means a grant by a property owner of the right of use of his land by another party for a specific purpose.

Eating and drinking establishment means a business that is licensed to prepare and/or serves food or beverages for consumption by the public. Such uses are regulated by type as follows:

Bar (cocktail lounge, saloon) means any establishment which is devoted primarily to the retailing and on-premises drinking of malt, vinous, or other alcoholic beverages and which is licensed by the State of Florida to dispense or sell alcoholic beverages.

Beach bar means any building, structure or facility whether temporary or permanent, which is built, erected or provided as a location for the purpose of making retail sales of alcoholic or intoxicating beverages, or malt or vinous beverages, as an accessory use to a hotel or motel.

Fast food restaurant means a retail food service establishment without table service (order placement and delivery) provided to patrons; walk-up counter and carryout trade is a primary portion of the facility; includes fast food, drive-through service, food delivery, carryout, public snack bar/automats, and delicatessens.

Nightclub means any restaurant, dining room, bar or similar establishment providing food or refreshments, which holds a 4-COP liquor license from the State of Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco. Provided, however, any restaurant, dining room or similar establishment which holds a 4-COP liquor license with the "S", "SR" or "SRX" designation, shall be deemed an accessory use to the principal use and not a nightclub.

Outdoor restaurant means a portion of a restaurant, of any type, located outside which functions as an extension of the principal use of the private property of the restaurant. An outdoor restaurant is not located in a completely enclosed building and is open to the sky except that it may have awnings, umbrellas, or building overhang and shall be used exclusively for dining, drinking and circulation therein. An outdoor restaurant may provide either wait staff service or self-service. [See also "Sidewalk cafe".]

Sidewalk café means a street level portion of a restaurant, of any type, located within the sidewalk area of the public right-of-way, which is normally adjacent to a street, which functions as an extension of the principal use of the private property of the restaurant. A sidewalk cafe is open to the sky except that it may have awnings or umbrellas, and shall be used for dining, drinking and circulation therein pursuant to the approved conditional use permit. A sidewalk cafe may provide either wait staff service or self-service. [See also “Outdoor restaurant”.]

Sit-down restaurant means a retail food service establishment with indoor seating only in which the principal use is the preparation, cooking, consumption, and sale of food and beverages.

Essential governmental services mean distribution or service connection facilities, structures, and appurtenances thereto, for gas, electricity, land line telephone, water, sanitary sewer, storm water, fuel, law enforcement and fire and rescue services, and other similar consumable public commodities or services owned and operated by a governmental entity or public utility.