§ 656.1601. Definitions.


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  • For the purposes of this Chapter, Zoning Code, the following terms, phrases, words, and their derivations, as listed in alphabetical order herein, shall have the meaning contained below, or as referenced within specific Sections.

    Accessory use or structure means a use or structure of a nature customarily incidental and subordinate to the principal use or structure and, unless otherwise provided, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory building.

    Accident potential hazard area (APHA) means an area within 5,000 feet of the approach or departure end of a runway or in proximity to an airport in which aircraft may maneuver after takeoff or before landing and are subject to the greatest potential to crash into a structure or the ground.

    Accident potential zone A as applied to military airfields, means the area 750 feet on either side of the runway centerline plus the clear zone immediately beyond the end of the runway which possesses a high potential for accidents. The clear zone means the fan-shaped area 1,500 feet wide at the end of the runway expanding to 2,284 feet wide, 3,000 feet from the end of the runway.

    Accident potential zones (APZs) means areas lateral to and immediately beyond the ends of runways and along primary flight paths.

    Administrative deviation means a relaxation of the following Zoning Code requirements: minimum lot area, required yards, increase the maximum number of parking spaces allowed so long as the landscaping is not also reduced and a professional study is performed and approved by the Department, minimum number of required off-street parking spaces, minimum landscaping requirements, maximum lot coverage and maximum height of structures, including fences, that the Zoning Administrator is authorized to grant pursuant to the procedures set forth in Section 656.109(e) through (j). Requests to modify lot requirements so as to increase the permitted density of multiple-family dwellings are specifically prohibited. However, for a maximum of two dwellings or two contiguous lots, an application may be made to decrease the lot width, pursuant to criteria in Sec. 656.109.

    Adult Congregate Living Facility (ACLF) means any building or buildings, Section of building, or distinct part to a building, residence, private home, boarding home, home for the aged, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, housing, food service, and one or more personal services for four or more adults, not related to the owner or administrator by blood or marriage, who require such services; or to provide extended congregate care, limited nursing services, or limited mental health services, when specifically licensed to do so pursuant F.S. § 400.407. A facility offering personal services, extended congregate care, limited nursing services, or limited mental health services for fewer than four adults is within the meaning of this definition if it formally or informally advertised to or solicits the public for residents or referrals and holds itself out to the public to be an establishment which regularly provides such services. This type of facility could be deemed to include Community Residential Homes, Group Homes, Residential Treatment Homes, etc.

    Adult entertainment or service facility means an adult bookstore, adult massage parlor, adult motion picture theater or adult dancing establishment, as defined in Chapter 150.

    Adversely affected person means any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the Comprehensive Plan or the Zoning Code. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

    Airport includes all of the following:

    (1)

    Jacksonville International Airport.

    (2)

    Craig Airport.

    (3)

    Herlong Airport.

    (4)

    Naval Air Station, Jacksonville, Florida.

    (5)

    Outlying Landing Field, Whitehouse, Florida.

    (6)

    Naval Station Mayport, Florida.

    (7)

    Cecil Airport.

    Airport elevation means the highest point of an airport's usable landing area measured in feet above mean sea level.

    Airport environs means those areas which are identified according to their accident potential and/or noise rating.

    Airport obstruction means a structure or object of natural growth or use of land which would exceed the federal obstruction standards as contained in 14 CFR 77.21, 77.23, 77.25, 77.28, which obstructs the airspace required for flight of aircraft in landing and takeoff at an airport or which is otherwise hazardous to the landing or taking off of aircraft.

    Airspace height means the determination of height limits in all zones set forth in this Part, the datum of which shall be above mean sea level elevation (AMSL) unless otherwise specified.

    Alcoholic beverage means (as provided in F.S. § 561.01) distilled spirits and all beverages containing one-half of one percent or more alcohol by volume.

    Alley means a public way which affords only a secondary means of access to property abutting thereon.

    Alteration means a change in size, shape, occupancy, character or use of a building or structure.

    Animated sign means a sign with motion, action of flashing or other light and color changes which is activated by mechanical, electrical or other nonnatural means. However, this term does not include changing message devices or wind activated elements such as flags, pennants, or banner signs.

    Attraction, major means an indoor or outdoor spectator event or event which includes the sale of tickets and which is held at one or more of the following facilities:

    (1)

    Jacksonville Municipal Stadium;

    (2)

    Greater Jacksonville Fairgrounds;

    (3)

    Jacksonville Veterans Memorial Coliseum;

    (4)

    Metropolitan Park;

    (5)

    Samuel W. Wolfson Baseball Park.

    Auto Laundry means a full service or self-service automobile washing facility comprised of permanent structural improvements including a combination of wash bays, vacuums, engine cleaning, compressed air supply, window tinting, headliner replacement, upholstery cleaning and repair, and/or automobile related vending machines where all wastewater is managed through a 100% closed-loop recycle system, a Florida Department of Environmental Protection (FDEP) permitted partial recycle system, an approved discharge to a municipal sanitary sewer system with pretreatment if required by the utility or is collected and containerized for transport to an FDEP permitted treatment facility.

    Automated Car Wash means a completely automated automobile washing facility that is designed and operated as an accessory use to a primary automobile related use or building where all wastewater is managed through a 100% closed loop recycle system for which the Florida Department of Environmental Protection (FDEP) permit has been approved, an approved discharge to a municipal sanitary sewer system with pretreatment if required by the utility, or is collected and containerized for transport to an FDEP permitted treatment facility.

    Automobile storage yard means a place, lot or premises where vehicles, but not boats which exceed 12 feet in height, are stored but not dismantled or disassembled and parts therefrom are offered for sale.

    Automobile wrecking yard means a place, lot or premises where, in the open and not within an enclosed building, used motor vehicles or trailers, are stored, dismantled or disassembled or the parts thereof offered for sale. These yards shall not include activities described under scrap processing yards.

    Awning sign means an awning with lettering placed on the canvas, or other approved flexible material, with a structural frame that is attached to a building. The awning sign shall not be placed above the roof elevation of a single story building or above the second floor of a multi-story building. An awning sign shall not be wind activated, or inflatable, such as a balloon.

    Banner sign means sign made of canvas or other approved flexible materials with or without a structural frame and attached to a building, canopy, pole or other structure.

    Bed and breakfast establishment means a building or part thereof, other than a motel or hotel, originally constructed for residential use and located in an area of historical significance, as designated by the appropriate state or federal authority or as approved by the City Council and Historic Landmarks Commission of Jacksonville, where sleeping with a daily charge (no monthly rentals) and with the service of breakfast prepared by the operator or owner included in the daily charge and which also serves as the primary residence of the operator or owner thereof.

    Beer, wine and liquor have the same meanings as provided in F.S. §§ 563.01, 564.01, 565.01, as those Sections may be amended or renumbered from time to time.

    Billiard parlors means a building or part thereof that contains more than two pool tables.

    Boardinghouse means a residential facility building where meals are regularly prepared and served to the residents only for compensation and where food is placed upon the table family-style without service or ordering of individual portions from a menu. A boardinghouse shall not be deemed to include a hotel, motel, group care home, family care home, recovery home, residential treatment facility, emergency shelter, emergency shelter home or nursing home.

    Boatyard means a facility for the construction or major repair of watercraft, including overhaul of hull, engines and other major components.

    Bona-fide agricultural purpose means good faith commercial or domestic agricultural use of the land, any such determination of which shall be based upon, but not limited solely to, the following factors:

    (1)

    The length of time the land will be so utilized;

    (2)

    Size of the land, as it relates to specific agricultural use;

    (3)

    Whether such land is subject to a lease, and if so the effective length, terms and conditions of the lease;

    (4)

    The intent of the landowner to sell or convert the land for or to nonagricultural purposes;

    (5)

    The proximity of the property to existing urban or metropolitan development;

    (6)

    The productivity of land in its present use;

    (7)

    The relationship of the property to the Comprehensive Plan of the City of Jacksonville adopted pursuant to Chapter 650, Ordinance Codes;

    (8)

    The classification placed upon such lands by the Property Appraiser pursuant to F.S. § 193.461;

    (9)

    The current zoning classification of such lands.

    Bookstore or newsstand means a business establishment which derives the majority of its annual gross income from the sale of books, magazines and periodical publications of all kinds, including daily and weekly newspapers, or any type or kind of printed reading materials.

    Borrow pit means an excavation in the earth from which natural materials are removed for use off-site and a hole or pit is thereby created which has a depth greater than 15 feet as measured from the mean elevation of the uppermost rim of the excavation. An operation where earth materials are moved from one location to another on the same site shall not be construed to be a borrow pit usage even though a permanent pit may remain.

    Bottle club means as provided in F.S. § 561.01.

    Buffer yard or strip means a strip of land, identified on a site plan or by zoning ordinance requirement, established to protect one type of land use from another land use that may be incompatible. The area is landscaped, maintained and kept in open space.

    Buildable area means that portion of a lot remaining after required yards have been provided. Buildings may be placed in any part of the buildable area but limitations on the percentage of the lot which may be covered by buildings may require open space within the buildable area.

    Building means a structure, either temporary or permanent, having a roof impervious to weather and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind.

    Bulk storage yard or bulk plant means, as related to flammable liquids, a location where flammable or combustible liquids are received by tank vessel, pipelines, tank car or tank vehicle and are stored or blended in bulk for the purpose of distributing the liquids by tank vessel, pipeline, tank car, tank vehicle or container.

    Business or professional office means an office for such operations as real estate agencies, advertising agencies (but not sign shops), insurance agencies, travel agencies and ticket sales, chambers of commerce, credit bureaus (but not finance companies), abstract and title insurance companies, management consultants, stockbrokers and the like; or an office for the use of a person generally classified as a professional such as an architect, engineer, attorney, accountant, doctor, dentist, bail bond agent or agency, psychiatrist, psychologist and the like, building trades contractor or a business office for corporation headquarters and administrative functions of a business as long as the office limits its equipment to standard office equipment such as copiers, furniture, telecommunications equipment and the like and provided there is no on-site storage of nonoffice equipment, machinery, materials, vehicles or any equipment not associated with the office function of the business. No materials shall be used by the business other than office products. For the purpose of this Zoning Code, a barber or beauty shop shall not be deemed a business or professional office.

    Caliper means the trunk diameter of existing or planted trees. Caliper shall be measured six inches above the ground for trees up to and including four inches in caliper, and measured 12 inches above the ground for trees exceeding four inches in caliper. If the tree has a very enlarged irregular base, then the caliper measurement shall be taken up where the trunk has a more regular circumference, but in no case higher than four and one-half feet above the ground. If the tree forks between ground level and two feet above ground level, then the tree shall be considered a multi-trunked tree. Caliper for multi-trunked trees shall be determined by measuring each trunk immediately above the fork and adding the total caliper of all trunks.

    Certificate of Use means an official document issued by the City which verifies that a use of a structure, other than a single family residence or duplex, may be used or an existing use enlarged, or any new use made of land, body of water, or structure, complies with the Florida Building Code, the Zoning Code and F.S. Ch. 633 and the City Fire Prevention Code, Chapter 420, Ordinance Code.

    Certificate of Use Board means a committee consisting of the Director and the Chief of Building Inspection and the Chief of the Fire Prevention Division that shall review all appeals of denials, suspensions and revocations of certificates of use.

    Change of occupancy means a discontinuance of an existing use and the substitution therefor of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

    Changing message device means any sign with fixed boundaries, frames or edges visible from a public right-of-way or approved private street that either:

    (1)

    Displays a verbal or numerical message that scrolls from left to right, for no more than eight seconds with an eight second break between messages, with all other portions of the sign static and unchanging, or

    (2)

    Changes electronically under the following conditions:

    (i)

    The entire portion of the sign that can change shall be static and unchanging for at least eight seconds.

    (ii)

    The time to completely change the entire portion of the sign that can change is a maximum of one second.

    (iii)

    The change shall occur simultaneously for the entire portion of the sign that can change; and

    (iv)

    There shall be a default design that will ensure no flashing, intermittent message or any other apparent movement that is displayed should a malfunction occur.

    Chief means the Chief of the Current Planning Division.

    Child care means a service during all or part of the day, which regularly gives care to children, not of common parentage, whether or not there is a stated educational purpose and whether the service is known as day care center or family day care home. The total number of children receiv ing care shall be counted, including children or foster children of the owner or operator, in determining the applicability of this definition.

    Church means a building used principally as a place wherein persons regularly assemble for religious worship, including sanctuaries, chapels and cathedrals and on-site buildings adjacent thereto, such as parsonages, friaries, convents, fellowship halls, Sunday schools and rectories, but not including day care centers, community recreation facilities, and private primary and/or secondary educational facilities.

    Clinic, medical or dental means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a person or persons affiliated with a group practicing various specialties of the healing arts, whether the persons are medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any such profession, the practice of which is regulated by the state.

    Club, private means buildings or facilities owned or operated by a corporation, association, or persons for a social, educational, or recreational purpose; but not primarily for profit or to render a service that is customarily carried on as a business.

    Commercial retail sales and service establishments means the sale of food and drugs, including pharmacies, new wearing apparel, toys, sundries and notions, books and stationery, leather goods and luggage, jewelry (including watch repair), art, cameras or photographic supplies (including camera repair), sporting goods, hobby shops and pet shops, musical instruments, florist or gift shops, delicatessens, bakeries, home furnishing and appliances (including repair incidental to sales), office equipment or furniture antiques, hardware, new automobile parts and accessories (including rebuilt parts). Service establishments such as Barber or beauty salon, shoe repair, restaurants, interior decorators, athletic clubs, fitness centers, laundromat or dry cleaners, tailors or dressmakers, broadcasting offices and studios, funeral homes, marinas, blueprinting, radio and television repair shops, travel agencies, employment offices but not day labor pools, home equipment rental and similar uses.

    Commercial shopping center means a grouping of retail businesses and service uses on a single site with at least 100,000 square feet of gross floor space with common parking facilities.

    Commission means the Planning Commission.

    Community residential home means a dwelling unit licensed to serve clients of CFS, which provides a living environment for up to 14 residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The residents of the community residential home are not to be related to the owner/operator by law, blood, marriage or adoption and shall be limited to those persons defined as "residents" in F.S. § 419.001(1).

    Community structure means a place, building, area or other facility used for providing religious, fraternal, social and/or recreational programs for the community of which it is a part.

    Completely enclosed building means a building separated on all sides from adjacent open space or from other buildings or structures by a permanent roof and by exterior walls or party walls which are pierced only by windows and normal entrance or exit doors.

    Comprehensive Plan means the 2010 Comprehensive Plan prepared and adopted pursuant to Chapter 650, Ordinance Code and F.S. Ch. 163, Pt. II.

    Construction sign means a temporary sign erected or placed on premises on which construction is taking place during the period of such construction indicating the names of owners, architects, engineers, landscape architects, contractors, artisans, financial supporters, or others having a role or interest with respect to the structure or project.

    Contributing structure means a building or structure which is:

    (1)

    At least 50 years old;

    (2)

    Within the boundaries of a designated Historic District;

    (3)

    Contributing to the historic or architectural character of the district; and

    (4)

    Identified by the City Council in its designation of the Historic District.

    Coverage of a lot by buildings means that percentage of lot area that is or may be covered or occupied by buildings.

    Cultivated landscape area means planted areas that are frequently maintained by mowing, irrigating, pruning, fertilizing, etc.

    Dancing entertainment establishment has the exact same meaning as set forth in Section 151.103 (Definitions), Ordinance Code.

    Day care center means a licensed facility which, during part of a 24-hour day, (specifically limited to 6:00 a.m. to 7:00 p.m.), regularly gives care to unrelated persons (children or adults). A day care center can also be known as an adult day care center. Medicines could be provided as deemed necessary, however the same is not required to be administered by a physician; nurse or medically related person.

    Day/night average sound level (Ldn) is a basic measure for quantifying noise exposure, being the A-weighted sound level energy average over a 24-hour time period, with a ten decibel penalty applied to nighttime (10:00 p.m. to 7:00 a.m.) sound levels.

    dbA is a unit of corrected noise level providing a measurement of noise in accordance with levels actually heard by the ear, based on A-weighted scale.

    Decibel (db) is a unit for measuring the relative loudness of sound or sound pressure equal approximately to the smallest degree of difference of loudness or sound pressure ordinarily detectable by the human ear, the range of which includes about 130 decibels on a scale beginning with one for the faintest audible sound.

    Department means the Planning and Development Department.

    Development means any proposed material change in the use or character of the land, including, but not limited to, land clearing associated with new construction, the placement of any structure or site improvement on the land, or expansion of existing buildings.

    Directional or directing sign means a on-premise incidental sign not exceeding a maximum of four square feet in area designed to guide or direct pedestrian or vehicular traffic for information only. Such signs shall not contain any form of advertisement and shall not be included in calculating the maximum area or the number of signs under this Chapter or Chapters 320 and 656, Ordinance Code.

    Director means the Director of Planning and Development.

    Disabled person means (1) individuals with a physical or mental impairment that substantially limits one or more major life activities, (2) individuals who are regarded as having such impairment; and (3) individuals with a record of such impairment. The term physical or mental impairment as defined by the Fair Housing Act includes, but is not limited to, diseases and conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV infection, developmental disabilities, mental illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance), and alcoholism. The term major life activity includes, but is not limited to, seeing, hearing, walking, breathing, sleeping, standing, lifting, bending, reading, performing manual tasks, concentrating, thinking, communicating, caring for one's self, learning, speaking, and working. Juvenile offenders and sex offenders or predators, by virtue of that status, are not disabled persons. Persons who would pose a direct threat to the health or safety of other individuals or result in substantial physical damage to the property of others are not protected by the Fair Housing Act or the Americans with Disabilities Act. A determination that an individual poses a direct threat must rely on an individualized assessment that is based on reliable objective evidence (for example, current conduct or a recent history of overt acts). The assessment must consider: (1) the nature, duration, and severity of the risk of injury; (2) the probability that injury will actually occur; and (3) whether there are any reasonable accommodations that will eliminate or significantly reduce the direct threat.

    Double-faced sign means a sign with two surfaces against, upon or through which a message is displayed. A double-faced sign shall have both surfaces parallel to each other and must be constructed, tied or otherwise fastened together into an integral unit with no visible air space between the surfaces.

    Downtown Overlay Zone. The Downtown Overlay Zone includes all of the area included within the jurisdiction of the Jacksonville Downtown Development Authority. Within the Downtown Overlay Zone the various subzones are intended for application in combination with the designated zoning districts in order to provide special uses and development regulations, implement downtown design standards and policies, and protect and enhance unique features of downtown Jacksonville.

    Drip line means a vertical line extending from the outermost branches of a tree to the ground.

    Drive-thru restaurant, take-out restaurant or refreshment stand means a place or premises where provision is made in the premises for the selling, dispensing or serving of food, refreshments or beverages in automobiles on the premises or where some of the total food, refreshments or beverages sold are not consumed within a completely enclosed building on the premises.

    Driveway means a compacted or paved area intended to provide ingress or egress of vehicular traffic from a public right-of-way or an approved private road to an off-street parking area or other vehicular uses area.

    Dwelling means a building or part thereof occupied in whole or in part as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently.

    Dwelling, multiple-dwelling use means, for purposes of determining whether a lot is in multiple-dwelling use, the following:

    (1)

    Multiple-dwelling uses in which individual dwelling units are intended to be rented and maintained under central ownership and management; those which are under collective ownership and management, including cooperative apartments, condominiums and the like; row houses or townhouses in individual ownership; and all other forms of multiple dwellings regardless of ownership management, taxation or other consideration, where the form does not meet the requirements of this Zoning Code for a single-family dwelling. A multiple-dwelling use may contain residents who receive supportive services , whether provided by the owner, management or third parties. Owners and managers may provide or coordinate supportive services for tenants. Ancillary services whose primary purpose is to support tenants may be located onsite, including but not limited to laundry facilities, day care and after-school programs for children, gymnasiums, swimming pools, concierge services, and coordination of care for disabled persons which are within the scope of supportive services .

    (2)

    An undivided lot containing more than one building and the buildings are not so located that lots and yards conforming to requirements for single-family dwellings in the district could be provided, in which event the lot shall be considered to be in multiple-dwelling use if there is more than one dwelling unit on the lot, even though the individual buildings may each contain only one dwelling unit, excluding guesthouses and servants' quarters.

    (3)

    A multiple dwelling in which dwelling units are available for rental for periods of less than one week shall be considered a motel or a hotel, as the case may be.

    Dwelling, multiple-family means a building containing more than one dwelling unit.

    Dwelling, one-family or single-family means a building containing only one dwelling unit. The term is not to be construed as including recreational vehicles, tents, houseboats or other forms of temporary or portable house. Manufactured homes and modular homes which comply with the provisions of Subpart C, Part 4 of the Zoning Code are considered single-family dwellings. For the purposes of this Zoning Code, row houses, townhouses, condominiums, cooperative apartments or other form of dwelling units which are not in individual detached buildings meeting all the requirements of a single-family dwelling shall not be construed to be single-family dwellings. A building in which a room or other portion is rented to or occupied by someone other than a part of the family shall not be considered to be a single-family dwelling. A dwelling unit which otherwise meets the definition of a community residential home or the definition of a group care home shall be deemed a single family unit and a noncommercial, residential use if that unit has six or fewer residents, and meets the performance standards and development criteria of Part 4 of the Zoning Code, if applicable.

    Dwelling unit means a room or rooms connected together constituting a residential use as a separate, independent housekeeping establishment for a family, and containing sleeping facilities and one kitchen. The dwelling unit may be for owner occupancy or for rental or lease on a weekly, monthly or longer basis. It shall be physically separated from other rooms or dwelling units which may be in the same structure. A dwelling unit's residents may receive supportive services provided by or coordinated by a landlord, government agencies, third party providers, or others, whether or not as part of a government-funded program, including visits to the dwelling unit relating to such services. It is intended that a dwelling unit not be considered a rooming house, substance abuse treatment facility, or group care home by virtue of the residents receiving supportive services that are subordinate and ancillary to the residential character of the use.

    Eaves means the lowest horizontal line of a sloping roof.

    Ecosystem means a characteristic assemblage of plant and animal life with a specific physical environment, and all interactions among species and between species and their environment.

    Emergency shelter home means a facility providing for short-term room, board, and personal security, replacement screening or counseling for one or two abused children, abused adults or similar persons not related by law, blood marriage or adoption; provided the services shall not include intensive treatment or therapy.

    Emission control facility means a facility specifically for the testing of the emission control system of a motor vehicle (automobile, truck, semitruck).

    Erected means built, constructed, reconstructed, moved upon or a physical operation on the premises required for building. Excavations, fill, drainage, demolition of an existing structure and the like shall be considered part of erection.

    Excavation means the digging, stripping or removal by mechanical process from their normal location of natural earth materials, including rock, stone, minerals, shell, sand, clay, marl, muck and soil, creating a hole, including borrow pits and those holes existing prior to August 14, 1973. The excavation may not include any type of processing; manufacturing or other activity that converts the natural materials into a product, unless the activity is a permitted use in the district or is specifically approved by exception.

    Exception means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, could promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permissible in the zoning district as exceptions if specific provision for the exception is made in the Zoning Code and the uses are found by the Commission and the Council to be in conformity with the standards and criteria set forth in Section 656.131(c). In the case of exceptions for telecommunications towers, the supplemental standards and criteria contained in Part 15 shall also apply.

    Family means one or more persons occupying a single dwelling unit; provided, that, unless all members are related by law, blood, adoption or marriage, no family shall contain over five persons. Domestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families. The term family shall not be construed to mean a fraternity, sorority, club, monastery or convent, rooming or boardinghouse, emergency shelter, emergency shelter home, group care home, residential treatment facility, recovery home or nursing home, foster care home or family care home.

    Family day care home means an occupied residence in which child care is regularly provided for children and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children:

    (a)

    A family day care home may care for a maximum of five preschool children from more than one unrelated family and a maximum of five elementary school siblings of the preschool children in care after school hours. The maximum number of five preschool children includes preschool children in the home and preschool children received for day care who are not related to the resident caregiver. The total number of children in the home may not exceed ten under this paragraph; or

    (b)

    When the home is licensed and provisions are made for substitute care, a family day care home may care for a maximum of five preschool children from more than one unrelated family, a maximum of three elementary school siblings of the preschool children in care after school hours, and a maximum of two elementary school children unrelated to the preschool children in care after school hours. The maximum number of five preschool children includes preschool children in the home and preschool children received for day care who are not related to the resident caregiver. The total number of children in the home may not exceed ten under this paragraph; or

    (c)

    When the home is licensed and provisions are made for substitute care, a family day care home may care for a maximum number of seven elementary school children from more than one unrelated family in care after school hours. Preschool children shall not be in care in the home. The total number of elementary school children in the home may not exceed seven under this paragraph.

    Fence means a structure serving as an enclosure, barrier or boundary, usually made of posts, boards, wire or rails.

    Ninety-five percent opaque fence means a fence which is uniformly impervious to passage of 95 percent of light.

    Filling station means a business establishment that dispenses gasoline, gasohol and/or diesel fuel, either by self-service pumps or from an attendant dispensing from the pumps. A filling station may offer compressed air and water but shall not offer any other services which would include minor or major repairs. (See also service station.)

    Floor area means, except as specifically indicated in relation to particular districts and uses, the sum of the gross horizontal areas of several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, excluding attic areas with a headroom of less than seven feet, unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating, heating or other building machinery and equipment, parking structures and basement space where the ceiling is not more than an average of 48 inches above the general finished and graded level of the adjacent portion of the lot.

    Footprint means everything under a roof including the eave.

    Foster care home means a facility located within a single-family residence located in a residential neighborhood and providing a means of resuming the experience of family living for a child who cannot remain in the home of the natural parents. The family foster home is a service designed to provide substitute family and parenthood relationships to foster care children. No more than six foster children shall be in a foster care home.

    Freestanding sign or ground sign means a sign which is supported by one or more poles, pylons, columns, uprights or braces in, or upon, the ground and is not attached to a building or structure.

    Frontage, lot. See lot frontage.

    Functional Highway Classification Map means the Functional Highway Classification Map of the 2010 Comprehensive Plan (Map TC-3) which depicts the assignment of roads into categories according to the character of service they provide in relation to the total road network. Basic functional categories include limited access facilities, arterial roads and collector roads, which may be subcategorized into principal, major or minor levels. Those levels may be further grouped into urban and rural categories.

    Future Land Use Map Series ("FLUMs") means the Future Land Use Map series of the 2010 Comprehensive Plan.

    Garage, parking means a building or portion thereof designed or used for parking of motor vehicles.

    Garage, private means an accessory structure designed or used for inside parking of private passenger vehicles by the occupants of the main building. A private garage attached to or a part of the main structure is to be considered part of the main building. An unattached private garage is to be considered as an accessory building.

    Ground cover means a low-growing herbaceous or woody plant other than turf, not over two feet high, used to cover the ground.

    Group care home means a facility occupied by seven or more persons whether operated for profit or not, which provides, for a period exceeding 24 hours, one or more personal services for persons who required these personal services and are not related to the owner or administrator by law, blood, marriage or adoption and not in foster care. The personal services, in addition to housing and food services, may include personal assistance with bathing, dressing, housekeeping, adult supervision, emotional security and other related services but may not include inpatient medical services. Permissible services in a group care home include supportive services. A group care home is not also a rooming house or boarding house.

    Guesthouse or cottage means living quarters in a building separate from and in addition to the main residential building on a lot, used for intermittent or temporary occupancy by nonpaying quests; provided, that the quarters shall have no kitchen, cooking facilities or kitchen sink. The quarters shall not be rented, leased or otherwise made available for compensation of any kind.

    Gymnastic studio means a facility for the specific purpose of Olympic, rhythmic or artistic gymnastics training, but not gymnasium for weight training and/or body building.

    Hazardous waste transfer station means any transportation-related facility which receives for temporary storage hazardous waste, as defined by Section 380.102(o), Ordinance Code, generated elsewhere which will be transported off-site for processing or disposal. A hazardous waste transfer station does not include a facility at which all of the hazardous waste which is temporarily stored was generated on-site.

    Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs.

    Height of building or building height means the vertical distance from the required finished floor to the peak of the roof or parapet; provided, however that height may be measured from up to three feet above the required finish floor elevation or up to three feet above the existing grade, except for in the following Zoning Overlay Districts: Springfield (656.365 through 656.369.1), Mayport (656.395 through 656.399), San Marco (656.399.1 through 656.399.9), Mandarin (656.399.10 through 656.399.11), and Riverside/Avondale (656.399.12 through 656.399.36). Spires, belfries, cupolas, and chimneys that are not intended for human occupancy shall not count towards height measurement. Other roof-top appurtenance and mechanical equipment not intended for human occupancy may be placed above the roof line provided it is not visible from an adjacent right-of-way.

    Historic landmark means a building or structure which is at least 50 years old and meets at least two of the criteria contained in Section 307.104(j) and which has been so designated by the City Council, and shall include the location of any significant archeological features or an historical event.

    Historic landmark site means the land on which a historic landmark and related buildings and structures are located and the land that provides the grounds, the premises or the setting for the historic landmark.

    Home for the aged means a facility in the nature of a nursing home which primarily is the domicile of persons of advanced age.

    Home occupation means a use conducted entirely within a dwelling and carried on by the family residing therein, which use is residential in nature, is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. Where an employee of another has principal place of business somewhere other than such employee's dwelling unit, such employee is not engaged in a home occupation when working at home.

    Homeless center means a facility providing sleeping accommodations, personal hygiene and food services on a short and long term basis for individuals and families. Other services which may also be provided include; counseling, limited health care services, child care and educational instruction.

    Hospice means an autonomous, centrally administered, nonprofit, medically directed, nurse-coordinated program providing a continuum of home, outpatient and homelike impatient care for the terminally ill patient and his family. It employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social and economic stresses which are experienced during the final stages of illness and during dying and bereavement. This care is available 24 hours a day, seven days a week, and is provided on the basis of need regardless of inability to pay.

    Hospital means a building or group of buildings having facilities for overnight care of one or more human patients and providing services to inpatients and medical care to the sick and injured, which may include as related facilities laboratories, outpatient services, training facilities, central service facilities and staff facilities; provided, that a related facility shall be incidental and subordinate to the principal hospital use and operation. Only those buildings licensed as a hospital under the laws of the state shall be included within this definition. A hospital is an institutional use under this Zoning Code.

    Hotel, motel means a building or group or buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with a daily charge, as distinguished from multiple-family dwellings and rooming or boardinghouses, where rentals are for periods of a week or longer and occupancy is generally by residents rather than transients. The building or buildings may include such ancillary uses as a coffee shop, dining room, restaurant, meeting rooms and other similar uses.

    Housing for the elderly means a facility in the nature of a multiple-family dwelling, the occupancy of which is limited to persons of an elderly age, but where the occupants are generally able to care for themselves and do not require regular personal maintenance or nursing care. The housing may include a medical or nursing facility for the convenience of the occupants. Where this Zoning Code permits housing for the elderly, the housing shall be used only for these purposes and shall not be converted to multiple-dwelling use unless all requirements of this Zoning Code are met for the conversion.

    Illuminated sign means a sign in which internal or indirect continuous lighting is maintained by one or more lights in a stationary condition which remain constant in intensity and color at all times when such sign is illuminated.

    Indirect lighting means the illumination of a sign by a light source that is not a component part of the sign.

    Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants.

    Junkyard means an area or parcel where waste materials, inoperative vehicles (lacking a current license tag) or machinery, used and/or secondhand materials are brought, sold, exchanged, stored, and/or salvaged. An automobile wrecking yard is also considered a junkyard.

    Karate and martial arts shall be deemed to be the expressive art form of self defense.

    Kennel means a place or premises where four or more dogs over four months of age are kept for pay or for sale. This definition shall not apply to veterinarians operating under a license from the state to board dogs.

    Lake or pond means an excavation in the earth from which natural materials are removed for use elsewhere and a hole or pit is thereby created which has a depth of 15 feet or less as measured from the mean elevation of the uppermost rim of the excavation and which is designed for and actually used for:

    (1)

    Boating, swimming, fishing, educational or other recreational purposes, or

    (2)

    The watering of livestock, commercial production of fish or other bona fide agricultural activity.

    Landfill means a disposal site employing an engineering method of disposing of solid waste (includes garbage, refuse, yard trash and clean debris) in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume and applying cover material over all exposed waste at the end of each operating day.

    Landscaping means any of the following materials or combinations thereof; grass, ground covers, shrubs, hedges, trees, rocks, pebbles, decorative mulch, walls or fences but not paving, synthetic plant material or synthetic lawns.

    Liquor license means, for the purpose of this Part of this Chapter, a license issued by the state for the retail sale, service and consumption of liquor.

    Loading space, off-street means an all-weather surfaced area, other than a public street or approved private street, logically and conveniently located for loading, unloading, pick ups or deliveries by motor vehicles or trailers and accessible to the vehicles when any required off-street parking spaces are filled.

    Loft apartment means a previously nonresidential building converted, in whole or in part, to a residential building. Additionally, each loft dwelling unit should have an independent kitchen and a bathroom facility. The term "loft" shall not be construed to mean a "rooming house," as defined elsewhere in this Part 16, or a "single room occupancy" (SRO) type of dwelling.

    Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide the yards and other open spaces herein required; provided, that the portion of a lot lying within a street or other right-of-way or access easement shall not be included in determining whether the lot meets minimum lot area requirements. The lot shall have frontage upon a publicly maintained or approved private street and may consist of:

    (1)

    A single lot of record.

    (2)

    A portion of a lot of record.

    (3)

    A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record.

    (4)

    A parcel of land described by metes and bounds; provided, that, in no case of division or combination, shall a residual lot or parcel be created which does not meet the requirements of this Zoning Code.

    Lot frontage means the front of an interior lot construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as set out in this Zoning Code.

    Lot measurement, depth means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

    Lot measurement, width or lot width means the horizontal distance between side lot lines measured at the building restriction line and parallel with the street right-of-way.

    Lot of record means a lot which is part of a subdivision recorded on or before September 21, 1990, in the office of the Clerk of the Circuit Court of Duval County or a lot or parcel described by metes and bounds, which was lawfully created and the description for which was recorded on or before September 21, 1990.

    Lot types mean:

    (1)

    Corner lot : A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lots marked A(1) in Diagram 656-1.

    (2)

    Interior lot : A lot other than a corner lot with only one frontage on a street.

    (3)

    Through lot : A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. A lot developed with a single family dwelling which would otherwise be classified as a through lot, and which meets the following criteria shall not be considered a through lot, but rather shall be classified as a corner or interior lot, as applicable: (i) the lot has frontage but no driveway access along the roadway classified as a collector or higher, and (ii) the single family dwelling faces and has driveway access to only the local road.

    (4)

    Reversed frontage lot : A lot on which the frontage is at right angles or approximately right angles (interior angle of less than 135 [degrees]) to the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D in Diagram 656-1), an interior lot (B-D in Diagram 656-1) or a through lot (C-D in Diagram 656-1).

    Diagram 656-1 illustrates terminology used in this Zoning Code with reference to corner lots, interior lots, reversed frontage lots and through lots:

    656-1601-1.png

    Major life activity. See "disabled person."

    Manual Car Wash means a commercial automobile wash facility, either temporary or permanent, where vehicles are primarily washed by hand by individual persons. This definition shall not apply to bona fide automobile dealerships, rental car facilities or to temporary one-day fundraising events by civic, religious, or non-profit entities where volunteers wash vehicles by hand, and the number of fundraising events does not exceed six (6) events per year, and the monetary proceeds from which are used to support the activities or mission of the civic, religious or non-profit entity.

    Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards (24 CFR 3280) HUD Code. The terms single-family dwelling shall include manufactured homes when placed on permanent foundations.

    Marina means an establishment with a waterfront location for the purpose of storage of watercraft used for pleasure purposes, including houseboats, live-aboards for recreational purposes and dry storage on land. The marina may include accessory facilities such as launching, refueling, minor repair services such as lubrication and tune ups, not involving removal of the watercraft from the water or removal of inboard or outboard engines from the watercraft, a snack bar/restaurant, bathroom, showers, laundry, sundries store and other customary accessory facilities.

    Medical Marijuana Treatment Center means an entity as defined in Article X, Section 29 of the Florida Constitution, that is registered and licensed by the Florida Department of Health for the purpose of cultivating, possessing, processing, transferring, transporting, selling, distributing, dispensing or administering marijuana or marijuana related products or supplies for medical use to qualifying patients or their caregivers in accordance with F.S. § 381.986, and all other applicable local and state rules, regulations and statutes.

    Medical Marijuana Treatment Center Dispensing Facility or Medical Marijuana Dispensing Facility means a facility owned and operated by a Medical Marijuana Treatment Center and licensed and regulated by the Florida Department of Health, for the purpose of dispensing, selling or otherwise making marijuana available for medical use at retail to qualified patients or their caregivers in accordance with F.S. § 381.986, and all other applicable local and state rules, regulations and statutes.

    Minerals means all solid minerals, including clay, gravel, phosphate rock, lime shells (excluding live shellfish), stone, sand, heavy minerals, and any rare earths, which are contained in the soils or waters of the state.

    Minimum descent altitude means the lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circling-to-land maneuvering in execution of a standard instrument approach procedure where no electronic glide slope is provided.

    Minimum vectoring altitude means the lowest mean sea level altitude at which an aircraft on instrument flight rules will be vectored by a radar controller, except when otherwise authorized for radar approaches, departures and missed approaches.

    Mining means the process or business of extracting ore, minerals or materials from the earth.

    Mobile Car Detailing Services means the performance of thorough cleaning, and restoration of the finish of an automobile, both inside and/or out, to produce a show-quality level of detail where the service provider travels to a location for the purpose of detailing a vehicle(s), and is temporary in nature, and shall not remain at the same location in excess of 48 hours. Such services are prohibited in all residential zoning districts.

    Mobile home means a detached single-family dwelling unit with all the following characteristics:

    (a)

    Designed for long term occupancy, and containing sleeping accommodations, and plumbing and electrical connections provided for attachment to outside systems;

    (b)

    Designed for transportation after fabrication on streets or highways on its own wheels; and

    (c)

    Arriving at the site where it is to be occupied as a dwelling complete, including major appliances, and ready for occupancy except for minor and incidental unpacking and assembly operations, located on jacks or other temporary or permanent foundations, and connected to utilities and the like.

    A travel trailer is not to be considered as a mobile home.

    Mobile home park means the parcel of land where mobile homes are parked for nontransient living or sleeping purposes and where spaces or plots are set aside or offered for lease or rent for use of mobile homes for living or sleeping purposes, and including any land, building, structure or facility used by occupants of mobile homes on such premises.

    Mobile home space means a plot or parcel of land within a mobile home park designated for the accommodation of not more than one mobile home.

    Mobile home subdivision means a parcel of land subdivided into lots and City maintained or privately maintained streets where lots are sold or leased for the purpose of placing mobile homes therein for nontransient living or sleeping purposes and including common facilities and land for use by occupants of mobile homes on the premises.

    Mobile sign means any sign not exceeding a maximum of 32 square feet in area for each display face, not exceeding ten feet to the tip thereof above the surrounding ground level and specifically designed to be of a temporary nature and be capable of being transported to various locations. The subject matter of the sign shall be exclusively related in its content to the use of the lot on which it is located or to offices, products, accommodations, or services available or activities sold, produced, available or conducted on the lot on which the sign is located. Mobile signs shall not be animated, flashing or revolving, but may be illuminated.

    Motel. See hotel, motel.

    Mulch means nonliving organic materials customarily used in landscape design to retard erosion and retain moisture.

    Neighborhood park means a park designed to provide open/green space in populated areas. A neighborhood park should be up to 15 acres in size and offer primarily passive recreational opportunities that will attract visitors mainly from within a one-mile radius. Neighborhood parks are generally walk-to or bike-to parks with limited vehicle parking. Active recreational uses are restricted to daylight hours only and a few small structures.

    Neighborhood retail sales and service means retail outlets for sale of food, wearing apparel, toys, sundries and notions, books and stationery, leather goods and luggage, jewelry (including watch repair but not pawnshops), art, cameras or photographic supplies (including camera repair), sporting goods, hobby shops and pet shop (but not animal boarding kennels), musical instruments, television and radio (including repair incidental to sales), florist or gift shops, delicatessens, bakeshops (but not wholesale bakeries). Service establishments such as barber or beauty shops, shoe repair shops, restaurants (without drive-in or drive-thru facilities), interior decorators, self-service laundries or dry cleaners, tailors or dressmakers, laundry or dry cleaning pickup stations.

    Nightclub means an establishment with the service of liquor, and at least one of the following characteristics: 1) a set-aside area for dancing; 2) live performance of amplified music after 12:00 midnight; 3) a disc jockey or DJ; or 4) other form of amplified live on-site entertainment.

    Nonconforming lot means a use or activity on a lot which lawfully existed prior to the adoption, revision or amendment of this ordinance, but which fails by reason of such adoption, revision or amendment to conform to the zoning district in which the same is located.

    Nonprecision instrument runway means a runway having a nonprecision instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned and for which no precision approach facilities are planned or indicated on an FAA planning document or a military service's military airport planning document.

    Nursing home means a public or private home, institution, building, residence or other place, profit or nonprofit, which undertakes through its ownership or management to provide for a period exceeding 24 hours, maintenance, personal care or nursing for three or more persons, not related by blood or marriage to the operator, who by reasons of illness or physical infirmity or advanced age are unable to care for themselves: provided, that this definition shall include homes offering services for less than three persons when the homes are held out to the public as establishments which regularly provide nursing and custodial services. Only those homes, buildings or places licensed under the laws of the state as nursing homes shall be included within this definition.

    Occupancy frontage means the length of that portion of a building occupied by a single office, business or enterprise abutting a street, alley, parking area, or other means of customer access such as an arcade, mall, or walkway.

    Occupied means arranged, designed, built, altered, converted to or intended to be used or filled.

    Office, business or professional means a place, a building or portion of building in which business services are preformed involving predominantly administrative, professional or clerical operations.

    Off-site sign means any combination of structure and message in the form of an outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, advertising structure, advertising logos, symbol or other form, whether placed individually on or a V-type, back-to-back, side-to-side, stacked or double-faced display, designed, intended or used to advertise or inform, any part of the advertising message or informative contents of which is visible from any place on the main or traveled way and which sign relates in its subject matter to offices, products, accommodations, services or activities which are sold, produced, available, conducted or rendered at locations other than on the premises where the sign is located. The term does not include an official traffic control sign, official marker, specific information panel erected, or other form of public information caused to be erected or approved by any government upon its property or right-of-way.

    On-site sign means any sign which advertisement is exclusively related in its subject matter to the use of the premises on which it is located or to offices, products, accommodations, services or activities sold, produced, provided, available or conducted on the premises where the sign is located.

    Open space means all areas of natural plant communities or areas replanted with vegetation after construction, such as revegetated natural areas; tree, shrub, hedge or ground cover planting areas; and lawns, and all other areas required to be provided as natural ground and landscaping pursuant to the Zoning Code of the City of Jacksonville.

    Outside storage means an area used for the storage of materials not able to be stored in a completely enclosed building for more than 24 hours. The same must be fenced with a minimum of a six-foot visual barrier at least 85 percent solid.

    Overlay zone means a zone in which special or different development restrictions or protective measures are imposed in addition to the zoning district regulations which apply within the zone.

    Package liquor store means a place where alcoholic beverages with an alcoholic content in excess of 14 percent are dispensed or sold in containers for consumption off the premises.

    Parapet means the extension of a false front or wall above a roof line and may not exceed 50 percent of one existing floor.

    Park means an area designed to include a combination of passive recreation (activities not requiring any formal layout such as picnicking, fishing, hiking, walking, etc.) as well as active recreation (organized activities such as tennis, basketball, defined playground areas, jogging trails, etc.) attracting visitors from the community and beyond a one-mile radius.

    Parking space, off-street means an all-weather surfaced off-street storage space, either outside or within a building, for the parking of motor vehicles. Adequate room for parking a standard-size automobile with ample room for the opening of doors on both sides must be provided. In addition, the parking space shall have proper access to a public or approved private street, as well as ample on-site maneuverability so that access to the parking space does not require maneuvering on a public or approved private street except off-street parking areas for two cars or less.

    Perimeter landscape means a continuous area of land which is required to be set aside along the perimeter of a lot in which landscaping is used to provide a transition between and to reduce the environmental, aesthetic, and other impacts of one type of land use upon another.

    Personal property storage means a building or group of buildings with a controlled access and fenced compound that contains varying sizes of individual, compartmentalized and controlled access stalls for the storage of personal property.

    Pervious parking means a land surface which allows for the penetration of water which includes, but is not limited to gravel, mulch, stabilized sod and pervious paving materials and meets a 50 percent runoff co-efficient for gravel or any lesser percentage of run-off.

    Pervious paving materials means a porous asphaltic or concrete surface and a high-void aggregate base which allows for rapid infiltration and temporary storage of rain on, or runoff delivered to, paved surfaces.

    Pet, household means an animal, including, but not limited to a dog; a domestic cat; a rodent such as a guinea pig, a hamster, a gerbil, a domestic rat, or a domestic mouse; a domesticated but not a wild ferret; a lagomorph such as a rabbit; a fowl; a fish; or a reptile; kept as subordinate to residential use for the purpose of providing human companionship. Poultry, hoofed animals of any type, with the sole exception of bona fide purebred miniature Vietnamese potbellied pigs which are kept for the sole purpose of providing human companionship and which are in compliance with all applicable provisions of Chapter 462, Part 6, predatory animals such as lions, tigers, ocelots, pumas, and the like, or animals which are normally raised to provide food for people shall not be considered household pets. For the sake of protecting the public's health and safety, wolf hybrids and raccoons, bats, foxes, skunks, and other known, or potential, rabies vectors which cannot be immunized against rabies, shall not be allowed as household pets under this Section and shall not be kept, sold, traded, or given as household pets by any pet shop or by any citizen.

    Pharmacy means a retail store licensed and regulated under F.S. Ch. 465, where medicinal drugs requiring prescriptions are dispensed and sold. Non-prescription drugs and miscellaneous products may also be sold at a pharmacy.

    Physical or mental impairment. See "disabled person."

    Plant community means a natural association of plants that are dominated by one or more prominent species, or a characteristic physical attribute.

    Plant nursery means a place where live plants and trees are sold and includes a place where fresh cut plants and trees are sold, but does not include the sale of firewood or lumber.

    Plat. See lot.

    Pocket park means a park designed to provide green space and attract visitors from within the immediate area which is passive in nature, accessed by pedestrians only, and which contains amenities such as landscaping with benches, public art, fountains and sculptures, etc. A pocket park should be no more than one acre in size.

    Porch means a roofed-over space, with the roof impervious to weather, attached to the outside of an exterior wall of a building which has no enclosure other than the exterior walls of the building. Open-mesh screening shall not be considered an enclosure.

    Poultry means fowl normally raised as food for consumption or used to raise food for consumption.

    Precision instrument runway means a runway having an instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an FAA-approved airport layout plan, a military service's approved military airport layout plan, another FAA planning document, or a military service's military airport planning document.

    Preserve areas means vegetative areas required to be preserved under the jurisdiction of the Florida Department of Environmental Protection, St. Johns River Water Management District and/or the United States Army Corps of Engineers or other regulatory agencies.

    Principle use means any use specifically identified as a permitted or permissible use in a given zoning district.

    Primary zoning district means a zoning district which permits land uses which are routinely acceptable anywhere in the applicable related land use category shown on the Future Land Use Maps of the Comprehensive Plan.

    Projecting sign means a sign which is erected or supported on the wall of a building or other structure and extends from it. Signs which extend into or over public space or street right-of-way, including roof signs, shall be considered as projecting signs.

    Protected tree includes all of the following:

    (1)

    Private protected tree means any tree with a DBH of six inches or more located on any lot within 20 feet of a street right-of-way (including an approved private street or other access easement) or a tree with a DBH of eight inches or more located within ten feet of any other property line, or a tree with a DBH of 12 inches or more located elsewhere on the lot.

    (2)

    Public protected tree means any tree located on lands owned by the City, or other governmental agencies or authorities, or any land upon which easements are imposed for the benefit of the City, or other governmental agencies or authorities, or upon which other ownership control may be exerted by the City, or other governmental agencies or authorities, including rights-of-way, parks, public areas and easements for drainage, sewer, water and other public utilities, with:

    (i)

    A DBH of six inches or more located within a City or other governmental right-of-way, or

    (ii)

    A DBH of six inches or more located on any lot within 20 feet of a street right-of-way, or

    (iii)

    A DBH of eight inches or more located on any lot within ten feet of any other property line, or

    (iv)

    A DBH of 12 inches or more located elsewhere on the lot.

    (3)

    Exceptional specimen tree means any hardwood tree with a DBH of 24 inches or greater.

    Real estate sign means a temporary sign advertising the real estate upon which the sign is located as being for sale or rent.

    Reasonable accommodation as to the Zoning Code means any change, modification or adjustment to a Zoning Code standard that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including its public and common use spaces. An accommodation is necessary if there is a disability related need for the accommodation.

    Recreational vehicle means a vehicular portable structure built on a chassis with its own wheels, either self-propelled or towed by another vehicle, designed to be used as a temporary dwelling for travel, vacation, camping or recreational purposes and including travel trailers, camping trailers, pickup campers, converted buses, motor homes, tent trailers, pop-up trailers and similar devices which travel on wheels on the ground. Boats which are customarily transported from place to place and the trailers used for transporting them shall be deemed to be recreational vehicles. Recreational vehicles shall not include airplanes.

    Recycling facilities/collection points:

    (a)

    Construction and demolition recycling facility means an activity which may be conducted either indoors or outdoors, and is not a junkyard, where materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project, and including rocks, soils, tree remains, trees and other vegetative matter which normally results from land clearing or land development operations for a construction project is baled, packed, sorted, converted, broken down or otherwise processed so it is no longer usable for the purpose for which it was originally intended. The same will be recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.

    (b)

    Recycling facility means a indoor clean building wherein recoverable resources, such as newspapers, books, and other paper products; glass, metals, plastics and other products are recycled, reprocessed and treated to return such products to a condition in which they may again be used for production.

    (c)

    Recycling facility and yard means an activity which may be conducted either indoors or outdoors, which is not a junkyard, and where recoverable resources, such as news print, books, and other paper products, glass, metals, plastics and other products are recycled reprocessed and treated to return such products to a condition in which they may again be used for production.

    (d)

    Recycling collection point means an incidental use that serves as an area drop-off point for temporary enclosed storage of recoverable resources limited to aluminum, plastic, glass and paper products. No processing of such items is allowed. The facility would be permanent and not temporary.

    Required finished floor means the measurement one foot above the base flood elevation as determined by Federal Emergency Management Agency (FEMA) or historical grade, whichever is higher.

    Rescue mission means a facility which provides temporary sleeping accommodations for those persons lacking residence or worthy provisions and resources. Such accommodations are offered for little or no financial compensation and may include normal accessory uses thereto, such as counseling, food service and religious worship.

    Residential treatment facility means a facility other than a hospital or nursing home, having one or more supervisors residing on the premises and providing board, lodging, medication and other treatment and counseling for persons progressing from relatively intensive treatment for criminal conduct, delinquency, mental or emotional illness, alcoholism, drug addiction or similar conditions, as well as providing relatively intensive diagnostic or therapeutic services for alcoholism, drug abuse, mental illness, emotional problems, developmental disabilities or similar conditions for its residents. A residential treatment facility shall not be deemed to include a nursing home, hospital, group care home, or emergency shelter home, nor shall a dwelling unit or multiple-family use be considered a residential treatment facility by virtue of the residents receiving supportive services coordinated by a landlord or a third party that are subordinate and ancillary to the residential character of the use. Nothing shall prevent a residential treatment facility from having out patients. The residents of the residential treatment facility are generally intending to return to full normal participation in community life.

    Restaurants: (Regulated by the Department of Business and Professional Regulation, Division of Hotels and Restaurants)

    (a)

    Restaurant, drive-in: An establishment whose principal business is the sale of foods and beverages to the customer in a ready-to-consume state and whose method of operation includes service by a car hop (or other means) to the customer for consumption within a motor vehicle parked on the premises.

    (b)

    Restaurant, fast food: An establishment whose principal business is the sale of foods and beverages to the customer in a ready-to-consume state for consumption either within the building or for carry-out with consumption off the premises, and whose principal method of operation includes service of foods, frozen deserts or beverages in edible containers or in paper, plastic or other disposable containers.

    (c)

    Restaurant, standard: An establishment whose principal business is the sale of foods and beverages to the customer in a ready-to-consume state and whose principal method of operation includes service by a restaurant employee at a table or counter at which such items are consumed on premises. A cafeteria shall be deemed a restaurant.

    Roof line means the highest continuous horizontal line of a roof. On a sloping roof, the roof line is the principal ridge line, or the highest line common to the principal slope or slopes of the roof. On a flat roof, the roof line is the highest continuous line of the roof or parapet, whichever is higher.

    Roof sign means a sign erected, constructed or maintained on the roof of a building or structure above the eaves, or above mansards, parapets, or other similar architectural features of buildings or structures which are capable of supporting signs.

    Rooming house means a building in which sleeping accommodations are offered to the public where rentals are for a period of a week or longer, occupancy is generally by resident rather than transient, rentals are for use of a bedroom with shared access to the primary kitchen and/or bathroom(s) shared with occupants of other rented bedrooms, and where residents do not operate as a family. Existing rooming houses shall be identified by one or more of the following existing conditions, each of which shall create a rebuttable presumption that a building is a rooming house:

    (a)

    Signs that indicate rooms, beds, or living spaces for rent;

    (b)

    Interior locks, partitions, hasps, appliances such as electric fry pans, toaster ovens, refrigerators, etc.;

    (c)

    Individual storage of food;

    (d)

    Alphabetical, numeric, or other labeling of bedrooms or living areas;

    (e)

    Alterations to structures which enhance or facilitate its use as a rooming house.

    Rural area means the predominantly undeveloped portions of the City in areas that generally remain unplatted. Development in these areas tends to be at very low densities and intensities, thus creating little demand for community serving supporting uses. Widely spaced roads typify the area, and result in a small number of intersections per square mile. The area of the City not intended to be developed with urban services or at urban densities and intensities during the long range timeframe of the 2030 Comprehensive Plan. Most of these areas are shown as Agriculture (A), Recreation (R), Conservation (C) or Public Buildings and Facilities (PF) on the Future Land Use Map (FLUM) series.

    Sanitarium means a facility for the recuperation and treatment of physical or mental disorders without provision for major surgery.

    Scenic and historic corridors means any street right-of-way including approved private streets which is so designated by the Council, pursuant to the procedures hereinafter established and adopted by Council, as a result of its special historic, architectural, archaeological, aesthetic, or cultural interest and value to the citizens of Jacksonville. The Chief shall maintain a list which specifies the location and boundaries of all corridors so designated.

    School means a private or public educational institution offering students an academic curriculum, including kindergartens, elementary schools, high schools, colleges and universities.

    School bus means a motor vehicle regularly used for the transportation of prekindergarten through grade 12 students of the public schools to and from school or to and from school activities, and owned, operated, rented, contracted, or leased by any school board, as defined in F.S. § 234.051.

    Scrap processing means an activity which may be conducted either indoors or outdoors where scrap, salvage, junk or used merchandise of any type is baled, packed, sorted, recycled, converted or otherwise processed so it is no longer usable for the purpose for which it was originally intended. Indoor shall mean in a completely enclosed structure with no outside storage of either the scrap or the processed scrap. In addition to being either an indoor or outdoor activity, it must be further classified as either a clean or an unclean activity. A clean activity is one which is not noxious or offensive to neighboring uses or the public in general by reason of smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter or radiation.

    Secondary zoning district means a zoning district which permits land uses which could be acceptable subject to meeting certain performance standards and development criteria within the applicable related land use category shown on the Future Land Use Maps of the Comprehensive Plan.

    Servants' quarters means living quarters for domestic servants employed on the premises and meeting all the requirements of a guest house, except that servants' quarters may be continuously and permanently occupied by servants.

    Service garage means a building or portion thereof other than private, storage or parking garage or service station designed or used for repairing, equipping or servicing of motor vehicles. The garages may also be used for hiring, renting, storing, or selling of motor vehicles. The same shall be limited to minor and major repair garages.

    (a)

    A garage for minor repairs shall include:

    (1)

    Sales and servicing of spark plugs, batteries and distributors and distributor parts.

    (2)

    Tire servicing and repair but not recapping or regrooving.

    (3)

    Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like.

    (4)

    Radiator cleaning and flushing and provision of water, antifreeze and the like.

    (5)

    Washing and polishing and sale of automotive washing and polishing materials but this provision does not permit car laundries.

    (6)

    Providing and repairing fuel pumps and lines.

    (7)

    Minor servicing and repair/replacement of carburetors.

    (8)

    Emergency wiring repairs.

    (9)

    Adjusting and emergency repair of brakes.

    (10)

    Greasing and lubrication.

    (b)

    A garage for major repairs shall include:

    (1)

    All services allowed under minor repair garages.

    (2)

    Removal, disassembly and reassembly of the engine or transmission.

    (3)

    Removal and replacement or addition of parts to the body of the vehicle.

    (4)

    Major mechanical and body work, straightening of frame or body parts.

    (5)

    Steam cleaning, painting, and welding of automobiles.

    (6)

    Storage of automobiles not in operation condition.

    (7)

    Work involving undue noise, glare, fumes and smoke.

    Service station means a business establishment (except those servicing private fleets of either automobiles or trucks) which derives some portion of its income from the sale and dispensing of gasoline, diesel fuel, gasohol, butane or natural gas or other energy form from attendant-dispensing or self-service pumps, devices, cylinder services or replacements. The service station may change oil, grease and lubricate, exchange batteries, change tires and add or change other accessories but this shall not include the removal, disassembly and reassembly of the engine or transmission or the removal and replacement or addition of parts to the body of the vehicle, major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles not in an operation condition, operation of a commercial parking lot or commercial garage as an accessory use or other work involving undue noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. The service station must primarily serve automobiles and not trucks and may supply and dispense at retail only those supplies to be used in their activity.

    Shopping center means a group of retail stores or service establishments planned and developed as a unit by one operator, owner, organization or corporation for sale or for lease upon the site on which they are built.

    Shrub means a self-supporting woody perennial plant characterized by multiple stems and branches continuous from the base naturally growing to a mature height between two and 12 feet.

    Sign means a painting, structure or device which is placed, erected, constructed or maintained on or in the ground, or on or outside of an enclosed building or other object or structure or affixed or painted on or inside an exterior window of a building for the purpose of display, information, advertisement or attraction of the attention of persons, including posters, pictures, pictorial or reading matter and a letter, word, model, device or representation used in the nature of an advertisement, announcement, attraction or direction.

    Sign area computation means the method by which the area of each surface of a sign is computed. For signs with fixed boundaries, frames or edges, it shall be computed by calculating the area within and including the exterior boundaries, frames or edges enclosing the letters or graphic matter which composes each sign surface. For signs with fixed boundaries, frames or edges, such as where a sign is composed of separate letters which are placed or painted upon or against a building or upon or through a window or other similar surface no designed, framed or edged specifically for sign presentation, the sign area shall be computed on the basis of the smallest regular geometric shape, such as a triangle, rectangle, square or circle encompassing the outermost exteriors of the outermost individual letters, words or numbers which yields the least total square footage of area. Computation of sign area shall include border trim.

    Soundproof means that sound attenuation shall not exceed 50 dbn through the outside of the structure.

    Street, approved private means a thoroughfare which is privately owned and maintained on a recorded easement which has been approved by the Director of Public Works and upon which lots fronting thereon are eligible for building permits.

    Street frontage means the property line of a lot abutting the right-of-way line of public or approved private streets, excluding alleys to which such property has the legal right of access.

    Street, public means a thoroughfare which has been and is legally dedicated to public use and which has been accepted for maintenance by the City or other governmental entity and upon which lots fronting thereon are eligible for building permits.

    Structure means that which is built or constructed, an edifice of any kind or a piece of work artificially built up or composed of parts joined together in some definite manner. The term structure shall be construed as if followed by the words or part thereof and shall include tents, awnings, cabanas and buildings.

    Subdivision identification sign means a sign located at the intersection of two street rights-of-way which is approved as part of a site plan or sketch plan approval pursuant to Section 656.404 or Chapter 654 (Code of Subdivision Regulations). The only lettering shall be the name of the subdivision. Such sign may be illuminated only when the sign is abutting a right-of-way which is classified a collector street or higher on the Functional Highway Classification Map of the Comprehensive Plan.

    Suburban area means the less densely developed portions of the City that have developed or are developing beyond the urban area in the low density and intensity exclusive use patterns. Suburban areas do not include lands designated as Agriculture and generally meet the following three criteria:

    (1)

    Up to 70 percent of the geographic area is vacant land.

    (2)

    Most urban services are available or programmed to be provided within the fiscal commitment area during short range time frame of this Comprehensive Plan, or programmed to be provided within the long range time frame outside the fiscal commitment area.

    (3)

    Development opportunities primarily occur through large and small scale development of raw land.

    Supportive services are services offered or provided to residents of a dwelling that are subordinate and ancillary to the residential character of the use and that provide assistance to or aid in the resident's life success or well-being. Supportive services include, but are not limited to, counseling, improving knowledge and educational skills associated with substance abuse prevention, English as a Second Language, literacy, health education, consumer education, learning skills that can be used to secure and retain a job, food and groceries, credit counseling, life skills training, outpatient mental health services, outreach services, community-based substance abuse treatment (such as an Alcoholics Anonymous meeting, but not inpatient detoxification or inpatient treatment), transportation, and health service. It is the intent of the Zoning Code that this definition includes those supportive services as are provided in grant programs for permanent supportive housing under the U.S. Housing and Urban Development Department's Continuum of Care Program.

    Temporary embellishment means an embellishment placed on the facing of a sign for a period not to exceed six months.

    Textile Recycling Bin means any stationary or free-standing bin, container, receptacle or similar device made of steel or other durable metal that is located outdoors within the city and is used for the collection of Textile Materials.

    Theater means an establishment offering dramatic presentations or showing motion pictures to be viewed in an auditorium accommodating three or more persons.

    Trailer, travel or camping. See recreational vehicle.

    Tree means a self-supporting woody plant having a single trunk or a multi-trunk of lower branches, growing to a mature height of at least 12 feet in northeast Florida.

    Tree, palm means an evergreen plant of the Palmaceae species cold hardy in northeast Florida having a single trunk and terminal crown of large pinnate or fan-shaped leaves.

    Truck stop means an establishment where the principal use is the refueling and servicing of trucks and tractor-trailer rigs. These establishments may have restaurants or snack bars and sleeping accommodations for the drivers of this over-the-road equipment and may provide facilities for the repair and maintenance of the equipment.

    Turf means continuous plant coverage consisting of grass species suited to growth in the City of Jacksonville.

    Under canopy sign means a sign suspended beneath a canopy, ceiling, roof or marquee.

    Understory means assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees.

    Urban area means the densely developed portions of the City that have been residential or employment generating uses since consolidation. These areas generally meet the following three criteria:

    (1)

    Twenty-five percent or less of the geographic area is vacant, useable land.

    (2)

    Most urban services are available or programmed to be provided within the short range time frame of the Comprehensive Plan and full urban services will be available during the long range planning period.

    (3)

    Most development opportunities occur through infill or redevelopment actions.

    Use means the purpose for which land or water or a structure thereon is designated, arranged, or intended to be occupied or utilized or for which it is occupied or maintained.

    Use of land includes the use of land, water surface and land under water to the extent covered by zoning districts and over which the City has jurisdiction, excluding Urban Services Districts 2—5.

    Variance means a relaxation of the terms of this Zoning Code which will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Zoning Code would result in unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or in the adjoining zoning district. Requests to modify lot requirements so as to increase the permitted density of multifamily dwellings shall not be considered a variance and are specifically prohibited. A variance shall not change the functional classification of a use permitted or permissible in a zoning district.

    Vegetation, native means any plant species with a geographic distribution indigenous to all or part of the State of Florida.

    Vehicular use area means any ground surface area except public rights-of-way used by any type of vehicle for driving, parking, loading, unloading, storage or display. Vehicular use areas shall include new and used car lots, drive-in areas for banks, restaurants, service stations, grocery and dairy stores and other open lot uses, but shall not include areas on, under or within buildings. In any calculations of area, a vehicular use area shall include interior landscaped area but shall not include perimeter landscaped area.

    Waiver means a relaxation of the Zoning Code minimum distance requirements for liquor license locations, pursuant to Section 656.805 herein, and for minimum street frontage, pursuant to Section 656.407. Waivers are authorized to be granted by the Commission pursuant to the criteria set forth in Section 656.133.

    Wall sign means a sign attached to and parallel with a wall, including signs printed or painted on walls.

    Yard means a required open space, other than a court, unoccupied and unobstructed by a structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in a yard, subject to height limitations and requirements limiting obstruction of visibility. The measurement of the width of a required yard shall be the minimum horizontal distance between the applicable property line and a line parallel to the property line.

    Yard, front means a yard extending between the side lot lines across the front of a lot adjoining a publicly-maintained street or approved private street and:

    (1)

    In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages, including lots fronting onto a navigable waterway. Where a through lot also has frontage at the end of the block between the two other lot frontages, only one half the required front yard shall be required. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Building Official may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

    (2)

    In the case of corner lots, a front yard of the required depth shall be provided on one frontage and a front yard half the required depth shall be provided on the other.

    (3)

    The depth of a required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot lines shall be the point at which the side lot lines intersect the street right-of-way, if a public street, or the boundary line of the access easement, if access to the lot is over a private street or access easement. The foremost point of the side lot line in the case of rounded property corners at street intersections shall be assumed to be the point at which the side and front lot lines would have met without the rounding.

    (4)

    Where lots in residential districts comprising 40 percent or more of the frontage on one side of a street between intersecting streets are developed with structures having an average front yard with a variation of not more than six feet, no building thereafter erected shall project beyond the average line so established; provided, that this regulation shall not apply if a front yard of more than 25 feet would be required thereby. A front yard in excess of the average so established shall not be required notwithstanding the minimum front yard provisions of the various residential districts.

    Yard, rear means a yard extending across the rear of the lot; along the rear lot line, between inner side yard lines. In the case of through lots and corner lots, there will be no rear yard but only front and side yards.

    Yard, side means a yard extending from the rear line of the required front yard to the rear lot line or, in the absence of a clearly defined rear lot line, to the point on the side lot line involved which is farthest from the intersection of the line with the public street. In the case of through lots, side yards shall extend from the rear lines of required front yards. In the case of corner lots, yards remaining after front yards have been established on both frontages shall be considered side yards.

    Yard, special means a yard behind a required yard adjacent to a public or private street required to perform the same functions as a side or rear yard but adjacent to a lot line and so placed or oriented that neither the term side yard nor the term rear yard clearly applies. In these cases, the Chief shall require a yard with the minimum dimension generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.

    Yard waste composting facility means a place where material is introduced into a tub grinder which grinds or pulverize the material into a fine ground matrix. The matrix is then placed in rows for the monitoring of moisture, temperature and other parameters. All processing is undertaken outdoors with structures only for storage, office, and scale house.

    Yard waste mulching process means a process similar to composting, however the matrix is stockpiled in such a way to achieve a minimum temperature of 140 degrees Fahrenheit for a period not less than three weeks in order to kill all pathogenic contaminants.

    Zoning Administrator means the Zoning Administrator, Planning and Development Department. The Zoning Administrator has the authority to grant administrative deviations and issue written zoning verifications, to accept applications for rezoning, variances, exceptions, waivers and administrative deviations, and such other duties as are set forth in the Zoning Code or may be delegated by the Director from time to time.

    The words used or occupied include the words intended and designed and the phrase or arranged to be used or occupied .

    The word lot includes the word plot or parcel .

    The word land includes the word marsh, water or swamp .

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 92-433-486, § 3; Ord. 92-736-502, § 1; Ord. 92-955-674, § 10; Ord. 92-416-940, § 2; Ord. 92-1768-1444, § 5; Ord. 92-1821-1449, § 1; Ord. 93-497-758, § 1; Ord. 93-406-777, § 1; Ord. 93-672-1055, § 3; Ord. 93-1760-1171, § 4A; Ord. 94-196-163, § 1; Ord. 94-697-395, § 2; Ord. 94-77-412, § 2; Ord. 94-436-709, § 3; Ord. 94-447-337, § 3; Ord. 94-770-463, § 1; Ord. 94-1264-727, § 1; Ord. 95-571-628, § 1; Ord. 95-1020-670, § 3; Ord. 95-868-763, § 3; Ord. 96-100-227, § 1; Ord. 96-305-296, § 3; Ord. 96-509-371, § 1; Ord. 98-678-E, § 7; Ord. 2000-55-E, § 2; Ord. 2000-90-E, § 5; Ord. 2000-743-E, § 5; Ord. 2001-715-E, § 11.6; Ord. 2002-608-E, § 3; Ord. 2004-295-E, § 3; Ord. 2005-1355-E, § 4; Ord. 2006-543-E, § 2; Ord. 2007-704-E, § 2; Ord. 2007-955-E, § 2; Ord. 2007-1047-E, § 6; Ord. 2008-192-E, § 4; Ord. 2008-969-E, § 2; Ord. 2010-449-E, § 4; Ord. 2010-900-E, § 3; Ord. 2011-643-E, § 5; Ord. 2014-164-E, § 1; Ord. 2014-146-E, § 1; Ord. 2014-724-E, § 3; Ord. 2015-100-E , § 4; Ord. 2015-782-E , § 1; Ord. 2017-36-E , § 7; Ord. 2017-318-E , § 22; Ord. 2018-75-E , § 9; Ord. 2017-842-E , § 4)