The Countywide Plan Rules


Article 7 – Terms and Definitions


DIV. 7.1 – CONSTRUCTION

DIV. 7.2 – DEFINITIONS



DIV. 7.1 CONSTRUCTION.
 

The construction and interpretation of all words, terms and provisions contained in these Countywide Rules shall be as set forth under Article 6, Section 6.3.7 Rules of Interpretation and as defined hereunder.

 
 
DIV. 7.2 DEFINITIONS.
 

Activity Center – A Countywide Plan Map category under the Special Designations major classification which includes those areas of the county that are now developed or appropriate to be developed for the purpose of encouraging concentrations of employment, housing, cultural, or business development consistent with the Countywide Plan and the special area plan approved therefor. This category will be identified on the Countywide Plan Map as an overlay superimposed over the otherwise applicable category as Activity Center.

Adjustment – An adjustment is a departure from the literal requirements of the floor area ratio and impervious surface ratio standards as described in these Countywide Rules and made a part of the local land development regulations.

Agricultural Processing Use – The processing, preparation, packaging and distribution of agricultural commodities such as livestock or crop products.

Agricultural Use – Production and management of livestock, crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and the maintenance of animals, such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry.

Airport, Seaport, Marina Use – A public or quasi-public facility for air or marine transport respectively, including such terminal, docking, hangar, storage, parking, transient accommodation, office, retail commercial, and eating/drinking facilities as may be directly related or accessory thereto.

Ancillary Non-Residential Use – Off-street parking, drainage retention areas and open space buffer areas for adjacent, contiguous, non-residential uses.

Aquifer Recharge Area – An area that has soils and geological features that are conducive to allowing significant amounts of surface water to percolate into the underground aquifer.

Arterial Road – A roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. Arterial roadways interconnect principal traffic generating activity centers within an urban area with the freeway system.

Buffer Area – A natural or landscaped area or strip of land, with or without such physical separation devices as a fence or wall, established to separate and insulate one type of land use from another land use; or to shield or block noise, lights or other nuisances; or to separate development and a natural feature so as to reduce the incompatibility between uses or features and protect the integrity of each.

Coastal Construction Control Line – The most recently adopted line established by the Florida Department of Environmental Protection, pursuant to Section 161.053, Florida Statutes, for Pinellas County.

Coastal High Hazard Areas – Means the evacuation zone for a Category 1 hurricane as established in the Tampa Bay Regional Planning Council’s Evacuation Study, which is further defined as the Level A Hurricane Evacuation Zone, or any area which lies within a Hurricane Evacuation Zone A, as currently delineated by the Pinellas County Emergency Management Department, so as to be inclusive of any area so categorized.

Collector Road – A roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads serve internal traffic movements within an urban area, collecting and distributing traffic between the arterial and local road system.

Commercial/Business Service Use – An occupation or service involving the sale, storage, repair, service or rental of motor vehicles, water craft, residential machinery or equipment, examples of which include automobile, boat, and household or yard equipment sales, service or repair, and like uses; the production, assembly or dismantling of which shall be clearly secondary and incidental to the primary use characteristics of the Commercial/Business Service Use, as specifically defined within these Countywide Rules.

Commercial Classification – A major Future Land Use classification which includes the following categories:

  • Commercial Neighborhood
  • Commercial Limited
  • Commercial Recreation
  • Commercial General
 

Commercial Recreation Use – A private or quasi-public recreation facility designed for participant or spectator sports for a charge, including but not limited to marina, miniature golf, dog race track, horse race track, jai-alai fronton, stock car race track, and sports stadium.

Comprehensive Plan – The official document in ordinance form adopted by the Pinellas Planning Council (PPC), and the Countywide Planning Authority (CPA) setting forth the goals, objectives, and policies regarding the long term development of Pinellas County. In Pinellas County this refers to the text and maps adopted and amended by the PPC and the CPA, pursuant to Chapter 88-464, Laws of Florida, as amended, by Ordinance No. 89-4, as amended, and is called the Pinellas County Countywide Comprehensive Plan.

Cone of Influence (Zone of Influence) – An area around one or more major waterwells, designed to protect groundwater resources, the boundary of which is determined by the government agency having specific statutory authority to make such a determination based on groundwater travel or drawdown depth.

County – Means Pinellas County, Florida.

Countywide Consistency Report – A report approved by the Pinellas Planning Council (Resolution No. 91-2) and accepted by the Countywide Planning Authority (Resolution No. 91-307) that documents the issues, criteria and procedures necessary to achieve the consistency requirements of Chapter 88-464, Laws of Florida, as amended.

Countywide Future Land Use Plan (Countywide Plan Map) – The officially adopted future land use plan map supplemented by policies and objectives which designate proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public buildings and grounds, other public facilities, and other categories of the public and private uses of land as adopted by the Pinellas Planning Council and Countywide Planning Authority pursuant to Chapter 88-464, Laws of Florida as amended. The Countywide Plan Map shall include the official Countywide Plan Map which may consist of a single map or map series as approved by the PPC and CPA and filed with the Clerk of the Board of County Commissioners.

Countywide Rules – Means the Rules Concerning the Administration of the Countywide Future Land Use Plan.

Countywide Land Planning Agency – Per Section 5(13) of Chapter 88-464, Laws of Florida, as amended, the Pinellas Planning Council shall act as the countywide land planning agency for Pinellas County. This does not prevent the Pinellas Board of County Commissioners from designating a “Local Planning Agency” for the County.

Countywide Planning Authority (CPA) – The Board of County Commissioners of Pinellas County, acting in their capacity as the Countywide Planning Authority, under Chapter 88-464, Laws of Florida, as amended.

DCA – Means the Florida Department of Community Affairs.

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

Drainage Detention Areas – Ponds, basins or other land forms and associated water areas designed for the storage and/or treatment of stormwater runoff.

Dune – A mound or ridge of loose sediments, such as sand, deposited and moved around by wind action, as well as by artificial means. Dune systems are usually held in place by vegetation particularly suited to dune system habitat. Dunes are landward of the shoreline and serve as a transition area between the beach and coastal land.

Dwelling Unit – One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. This term shall include any type of use authorized to be treated as a dwelling unit by Chapter 419, F.S., Community Residential Homes.

Estuary – A semi-enclosed, naturally existing coastal body of water in which saltwater is naturally diluted by freshwater and which has an open connection with oceanic waters. “Estuaries” include bays, embayments, lagoons, sounds and tidal streams.

Floodplain, 25-Year – Areas inundated during a 25-year storm/flood event.

Family – One or more individuals occupying a dwelling unit and living as a single household unit.

Floor Area, Gross – The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, parking garages, or loading space for motor vehicles.

Floor Area Ratio (FAR) – 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.

Freeways – Are devoted entirely to traffic movement with little or no land service function. These facilities have at least some degree of access control, are primarily multi-lane divided roads, with few intersections at grade. These facilities serve large volumes of high speed traffic with extensive trip length and interconnect with the arterial road system.

Freshwater Marsh – A wetland having more than 25 percent vegetative cover by terrestrial herbs but 40 percent or less cover by woody plants, occasionally or regularly flooded by freshwater (e.g., sawgrass).

Freshwater Swamp – A wetland having more than 40 percent cover by woody plants and that is occasionally or regularly flooded by freshwater (e.g., cypress swamp).

Future Land Use Category – The name and symbol by which the distinct areas of the land use plan are enumerated and administered under each major classification. Each category is defined in terms of purpose, use, locational traffic generation characteristics, specific standards for density/intensity of use, and other standards appropriate to each category.

Future Land Use Classification – The major land use headings by which land use categories are grouped under the plan. Under each classification, the order of the categories is ranked from least intensive to most intensive to assist in establishing the continuum of uses as provided for under Chapter 88-464, Laws of Florida, as amended. There are six major classifications as follows:

  • Residential
  • Mixed Use
  • Commercial
  • Industrial
  • Public/Semi-Public
  • Special Designations

Governing Body – Means the Board of County Commissioners of Pinellas County or the commission or council of an incorporated municipality within Pinellas County.

Gross Land Area – Gross land area for the purpose of computing density/intensity shall be 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.

Groundwater Resource Area –Those areas of the County that support municipal/public water wells that supply potable water.

Growth Management Act – Chapter 163, Part II. F.S. The Local Government Comprehensive Planning and Land Development Regulation Act.

Heavy Manufacturing/Assembly Use – A use engaged in the manufacture, processing or assembly of materials or substances into parts or products. Such use may include the exterior storage and processing of materials and equipment to the extent and in such manner as is permitted by the local government with jurisdiction.

Household – A family living together in a single dwelling unit, with common access to and use of all living and eating areas.

Hurricane Evacuation Zone – Areas delineated by vulnerability to possible storm surge damage. Factors such as land elevation, predicted storm location, direction of storm tract, distance from large bodies of water, and physical features are used in vulnerability determination. The hurricane vulnerability zone includes areas requiring evacuation as follows:

  • Zone A: First to evacuate (4-5 Ft. storm surge)
  • Zone B: Next to evacuate (6-8 Ft. storm surge)
  • Zone C: Next to evacuate (9-12 Ft. storm surge)
  • Zone D: Next to evacuate (13-18 Ft. storm surge)
  • Zone E: Next to evacuate (18+ Ft. storm surge)

Impervious Surface  – A surface that has been compacted or covered with a layer of material so that it is highly resistant or prevents infiltration by stormwater. It includes roofed areas and surfaces such as compacted sand, limerock, or clay, as well as conventionally surfaced streets, sidewalks, parking lots, and other similar surfaces.

Impervious Surface Ratio (ISR) – 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.

Industrial Classification  – A major Future Land Use classification which includes the following categories:

  • Industrial Limited
  • Industrial General

Institutional Uses – Those Primary and Secondary uses listed under the Use Characteristics of the Institutional category.

Intensity – The measure of permitted development expressed as a maximum Impervious Surface Ratio and/or Floor Area Ratio per acre of gross land area.

Lacustrine River and Stream – Pertaining to a lake, river or stream system.

Land Use – The development that has occurred on the land, the development that is proposed on the land, or the use that is permitted or permissible on the land, under an adopted comprehensive plan or element or portion thereof, land development regulations, a land development code, or these Countywide Rules as the context may indicate.

Light Manufacturing/Assembly (Class A) Use – A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of such products consistent with such standards as may be prescribed by the local government with jurisdiction. This use shall not include or allow for any exterior storage or processing of equipment or materials of any kind.

Light Manufacturing/Assembly (Class B) Use –A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of such products consistent with such standards as may be prescribed by the local government with jurisdiction.

Local Comprehensive Plan  – A plan prepared by each of the local governments in Pinellas County that meets the requirements of 163.3177 and 163.3171, F.S. and Chapter 88-464, Laws of Florida, as amended.

Local Future Land Use Plan – The future land use element and future land use plan map for each of the local governments in Pinellas County.

Local Government – Means Pinellas County or any of the twenty-four incorporated municipalities in Pinellas County.

Local Land Development Regulations – Land development regulations enacted by each local government, by ordinance, for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or any other regulations controlling the development of land.

Local Planning Agency – “Local Planning Agency” means the agency designated by each local government to prepare that local government’s comprehensive plan as required by Chapter 163 Part II, Florida Statutes.

Local Street – A minor roadway designed to provide access to adjacent land. Local streets carry a small percentage of the total vehicle mileage traveled, but make up a large percentage of the total street mileage and serve to interconnect individual properties with the collector road system.

Mass Transit – Passenger services provided by public, private or non-profit entities including the following surface transit modes: commuter rail, rail rapid transit, light rail transit, light guideway transit, express bus, and local fixed route bus.

Mixed Use – A combination of uses on a single property.

Mixed Use Classification – A major Future Land Use Classification which includes the following categories:

  • Residential/Office Limited
  • Residential/Office General
  • Residential/Office/Retail
  • Resort Facilities Overlay
  • Resort Facilities Medium
  • Resort Facilities High

Municipality – An incorporated city or town in Pinellas County.

Non-conforming Lot, Use or Structure – A lot, use, or structure under local government jurisdiction that fails to conform to the requirements of the Countywide Plan Map and these Countywide Rules, as either may be subsequently amended from time to time.

Non-Residential Use – Those uses as provided for under the respective categories, other than residential or residential equivalent use.

Non-Tidal Wetlands – Wetlands that occur further inland, beyond tidal influence. Included, are freshwater marshes and ponds, shrub swamps, bottomland hardwood forests, wooded swamps, and bogs, as well as inland saline and alkaline marshes and ponds.

Off-Premise Sign – Any sign identifying or advertising a product, business, person, activity, condition, or service not located or available on the same lot where the sign is installed and maintained.

Off-Street Parking – A parking area improved for licensed motor vehicles, temporarily stored in connection with a use requiring same.

Office Use – An occupation or service providing primarily an administrative, professional or clerical service and not involving the sale of merchandise; examples of which include medical, legal, real estate, design, and financial services, and like uses. No “Office Use” shall include any Personal Service/Office Support Use, Retail Commercial Use, or Commercial/Business Service Use, as specifically defined within these Countywide Rules.

Personal Service/Office Support Use – An occupation or service attending primarily to one’s personal care or apparel; examples of which include hair and beauty care, clothing repair or alteration, dry cleaning/laundry service (collection and distribution only), and like personal service uses; and office equipment or supplies, and like office support uses. Any assembly, sale of merchandise or conveyance of a product in support of a personal service or office support use shall be clearly secondary and incidental to the primary use characteristics of the Personal Service/Office Support Use. No “Personal Service/Office Support Use” shall include any Retail Commercial Use or Commercial/Business Service Use, as specifically defined within these Countywide Rules.

Pinellas County Home Rule Charter - The Pinellas County Home Rule Charter as it applies to the authority for countywide planning is found in Section 2.04(s) of the Pinellas County Home Rule Charter, Chapter 80-590, Laws of Florida, as amended, which established the legislative authority for the creation, by special law, of a countywide planning authority.

Pinellas Planning Council (PPC) – The Pinellas Planning Council is comprised of thirteen (13) elected officials representing their respective governing bodies in Pinellas County as specifically described in Section 3, Chapter 88-464, Laws of Florida, as amended.

Planned Redevelopment Classification – A major Future Land Use classification which includes the following categories designed to accommodate a community’s plan(s) for neighborhood, corridor, district or center preservation, revitalization, rehabilitation and/or reconstruction:

  • Residential
  • Mixed Use
  • Commercial
  • Industrial

Planners Advisory Committee (PAC) – The Planners Advisory Committee is comprised of the directors of individual local government planning departments. The PAC, at the direction of the Pinellas Planning Council, performs a professional planning review of the PPC staff recommendations of plans that are to be acted upon by the PPC. The PAC may perform other such duties assigned to it by the PPC, but may not be involved in the administrative or executive functions of the PPC.

Primary Uses – A principal use identified under the use characteristics of each category. These categories of uses are those which the category is primarily designed to accommodate.

Public Educational Facility – Elementary schools, special education facilities, alternative education facilities, middle schools, high schools, and area vocational – technical schools of the Pinellas County School District.

Public Recreation Facility – A publicly owned recreation site or component thereof, used by the public for active recreational pursuits such as a trail, marina, court, athletic field or swimming pool.

Public/Semi-Public Classification – A major Future Land Use Classification which includes the following categories:

  • Preservation
  • Recreation/Open Space
  • Institutional
  • Transportation/Utility

Religious Institution Use – A site, premise, or location that is used principally, primarily, or exclusively for the purposes of religious exercise as protected by the First Amendment to the U.S. Constitution.

Research/Development Use – A use devoted to investigation in the natural, physical, or social sciences, or engineering and development as an extension of investigation, with the objective of creating an end product.

Residential Classification – A major Future Land Use classification which includes the following categories:

  • Residential Rural
  • Residential Estate
  • Residential Suburban
  • Residential Low
  • Residential Urban
  • Residential Low Medium
  • Residential Medium
  • Residential High
  • Residential Very High

Residential Equivalent Use – A residential-like accommodation other than a dwelling unit, including bed and breakfast, group home, congregate care, nursing home and comparable assisted living facilities. No such use shall be required or eligible to employ the residential equivalent standards for density/intensity for any household that qualifies as a dwelling unit. This use shall not include any type of use authorized by Chapter 419, F.S., Community Residential Homes, which is entitled to be treated as a dwelling unit.

Residential Use – A dwelling unit including, single-family, multi-family, and mobile home dwelling unit. This use shall include any type of use authorized by Chapter 419, F.S., Community Residential Homes which is entitled to be treated as a residential dwelling unit.

Retail Commercial Use – An occupation or service providing primarily for the sale of consumer goods, products, merchandise or services from within an enclosed building; examples of which include grocery, pharmacy, apparel, jewelry, electronics, sporting goods, specialty shops, building supplies, convenience goods, restaurant, and like uses. Any exterior storage or facilities in connection with such use shall be clearly secondary and incidental to the primary use characteristics of the Retail Commercial Use. No “Retail Commercial Use” shall include any Commercial/Business Service Use, as specifically defined within these Countywide Rules.

Saltwater Marsh – A wetland having saline (including brackish) soils with 40 percent or less cover by woody plants and 25 percent or more cover by terrestrial herbs that is occasionally or regularly flooded by brackish or saline water (e.g., smooth cordgrass marshes).

Saltwater Swamp – A wetland having saline (including brackish) soils with 40 percent or more cover by woody plants and occasionally or regularly flooded by brackish or saline water (e.g., mangrove swamps).

Secondary Uses – A principal use, identified under the use characteristics of each category. These categories of uses are those which the category is designed to accommodate as a secondary priority.

Solid Waste/Refuse Disposal Use – A facility approved for the collection, separation, storage and disposal of waste materials including garbage, trash, building materials and/or yard waste. Such use shall comprise an approved land fill, compost or incineration facility in accord with the otherwise required provisions of law.

Special Act – Means Chapter 88-464, Laws of Florida, as amended. The Special Act establishes the Pinellas Planning Council and the authority for the Countywide Planning Authority and provides the legal requirements for countywide planning and coordination in Pinellas County.

Special Designations Classification – A major Future Land Use classification which includes the following categories:

  • Water/Drainage Feature
  • Scenic/Non-Commercial Corridor
  • Activity Center/Primary and Secondary
  • Community Redevelopment District
  • Central Business District

Storage/Warehouse (Class A) Use – A use devoted primarily to the storage of goods, materials or equipment. Such use shall be located within an enclosed building and any exterior storage shall be incidental to and not exceed twenty (20) percent of the area of the building to which it is accessory.

Storage/Warehouse (Class B) Use – A use devoted primarily to the storage of goods, materials or equipment. Such use may include exterior storage to the extent and in such manner as is permitted by the local government with jurisdiction.

Submerged Land – The area situated below the mean high water line of a standing body of water, including ocean, estuary, lake, pond, river or stream. For the purpose of this definition, drainage detention areas created as a function of development that are recorded on an approved final site plan or other authorized development order action of the local government with jurisdiction, and wetlands, shall not be considered submerged land, and thus may be included in the computation of gross land area for the purpose of determining permitted density/intensity.

TBRPC – Means the Tampa Bay Regional Planning Council.

Tidal Wetlands – Areas that are comprised of coastal marshes, mudflats and mangrove swamps that are subject to periodic flooding by ocean-driven tides.

Tourist Facility Use – Those facilities and services, such as retail shops, eating and drinking establishments and recreation facilities designed primarily to serve the tourist and seasonal residents in conjunction with the residential and transient accommodation uses where provided for in the Resort Facilities categories.

Traffic Generation  Characteristics – The measure of traffic impact expressed as a countywide standard in terms of primary network vehicle trips per day per acre attributable to each land use category as determined specifically for the Countywide Future Land Use Plan.

Transfer of Development Rights – The conveyance of development rights by deed, easement, or other legal instrument authorized by local law, to another parcel of land or within the same parcel of land, and the recording of that conveyance pursuant to these Countywide Rules.

Transfer/Recycling Use – A use designed to accommodate the temporary location, sorting and transfer of solid waste. Such use shall be limited as to the type of waste, the time within which it must be transferred from the site and limitations on exterior location by the local government with jurisdiction.

Transient Accommodation Unit – An individual room, rooms or suite within a Transient Accommodation Use designed to be occupied as a single unit for temporary lodging or living quarters.

Transient Accommodation Use – A facility containing one or more transient accommodation units, the occupancy of which occurs, or is offered or advertised as being available, for a term of less than one (1) month, more than three (3) times in any consecutive twelve (12) month period. In determining whether a property is used as a transient accommodation use, such determination shall be made without regard to the form of ownership of the property or unit, or whether the occupant has a direct or an indirect ownership interest in the property or unit; and without regard to whether the right of occupancy arises from a rental agreement, other agreement, or the payment of consideration.

Transportation/Utility Uses – Those Primary and Secondary Uses listed under the Use Characteristics of the Transportation/Utility category.

Undeveloped Barrier Island – A land form facing the waters of the Gulf of Mexico and surrounded by water consisting mainly of quartz sands, limestone, rock, coral and other material, including spoil disposal islands, which features lie above the line of mean high water and which has not been developed.

Vehicular Salvage Use – A use that provides for the location, storage, dismantling, repair, or salvage of abandoned, derelict or junk vehicles or vehicle parts.

Water/Drainage Feature – A Countywide Plan Map special category that recognizes water bodies and drainage features, respectively. Water bodies include ocean, estuary, lake, pond, river, stream and drainage detention areas. Drainage features recognize existing natural and man-made drainageways and water bodies, and proposed drainageways and water bodies, that are part of the Pinellas County Master Drainage Plan, as subsequently refined through the individual Watershed Management Plans, that are shown in the Stormwater Management Element of the respective local government Comprehensive Plans, or that are part of an approved site plan or other authorized development order action of the local government with jurisdiction.

Wetlands – Those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wholesale/Distribution (Class A) Use – A use devoted primarily to the sale and distribution of manufactured products, supplies or equipment to retailers or institutional users and not to the general public. Such use shall be located within an enclosed building and exterior storage or distribution area shall be incidental to and not exceed twenty (20) percent of the area of the building to which it is accessory.

Wholesale/Distribution (Class B) Use – A use devoted primarily to the sale and distribution of manufactured products, supplies or equipment to retailers or institutional users and not to the general public. Such use may include exterior storage and distribution to the extent and in such manner as is permitted by the local government with jurisdiction.