Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter.

Accessory.

(1)

Use means the use of a structure of a nature customarily incidental and subordinate to the principal use. (See section 17-111.)

(2)

Structure means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure, such as the following:

a.

Detached storage buildings less than 120 square feet of floor space. (Detached accessory structures in excess of 120 square feet must meet the setback requirements in section 17-117). See section 17-118.

b.

Swimming pools.

c.

Screen pool enclosures.

d.

Patio cover not requiring a structural footing.

Administrator. (See section 17-32.)

Administrative permit means a permit issued by the administrator in accordance with the regulations to this Code (see section 17-38).

Adult congregate living facility means any building or buildings, residence, private home, boarding home, home for the aged or other place licensed and approved as such by the Florida Department of Health and Rehabilitative Services.

Bed and breakfast means a private residence of which rooms are used for overnight guests who pay for the accommodation and may or may not include breakfast.

Boarding house means a residential use consisting of at least one dwelling unit together with one or more rooms that are rented or intended to be rented to one or more persons who are not husband and wife, son or daughter, mother or father, or sister or brother of the owner or operator, but which rooms, individually or collectively, do not constitute separate dwelling units. A boarding house or rooming house is designed to be occupied by longer term residents as opposed to overnight or weekly guests.

Building means a structure designed to be used as a place of occupancy, storage or shelter.

Buildable area means the portion of a lot remaining after required yards have been provided.

Building, principal means a building in which is conducted the main or principal use of the lot on which said building is located.

Cannabis dispensary means a premises where cannabis, cannabidiol, cannabis products, or devices for the use of non-medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, cannabis, cannabidiol and cannabis products as part of a retail sale.

Circulation area means that area used for access to parking or loading areas or other facilities on the lot. Driveways and other maneuvering areas comprise the circulation area.

Commercial intensive means a nonresidential use of land whereby:

(1)

The hours of operation extend on weekdays after 10:00 p.m. in the evening and before 7:00 a.m. in the morning, including scheduled deliveries and, on the weekends, after 12:00 p.m. in the evening and before 8:00 a.m. in the morning; and

(2)

Any portion of the business or business related activity except storage is located outside an enclosed building. Loading areas utilized in the hours specified in subsection (1) above shall constitute a business activity.

Comprehensive plan means the plan adopted by the City of Keystone Heights in accordance with F.S. Chapter 163.

Conditional use permit means a permit issued by the L.P.A. that authorizes the recipient to make use of the property in accordance with the requirements of this chapter as well as any additional requirements or conditions as may be imposed by the L.P.A. A conditional use permit is an approval of the site design and layout rather than an evaluation of use.

Convenience store means a retail store usually containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket") and designed to attract a large volume of stop-and-go traffic. "Jiffy", "7-11" and "Cumberland Farms" chains are examples of convenience stores.

Day care center means any child care arrangement that provides day care on a regular basis for five or more children under the age of six years.

DBH or diameter at breast height means the average diameter of the trunk of a tree measured at four and one-half feet above natural grade.

Developer means any person including the property owner who is responsible for any undertaking that requires an administrative or regulatory permit.

Development agreement means a document prepared and adopted in accordance with F.S. §§ 163.3220—163.3243.

Dripline means the ground area surrounding the trunk of a tree that is described by the vertical plane enclosing the outermost branches of the tree. For asymmetrical specimens, or those with unusually small crown spread, the dripline area shall in no case be less than that area described by a radial dimension of one foot for each one inch of trunk radius.

Drive-in restaurant or refreshment stand means any place or premises used for sale, dispensing, or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.

Duplex. See Dwelling, two-family.

Dwelling means:

(1)

Single-family. A detached residential dwelling unit other than a mobile home. (See also Modular home.)

(2)

Mobile home. (See Mobile home.)

(3)

Two-family. Two dwelling units with a common wall or walls. Said dwelling constitutes a detached dwelling unit. A duplex is a type of two-family dwelling.

(4)

Multiple-family. More than two dwelling units connected by a common wall or walls. Said dwellings shall constitute attached dwelling units.

Dwelling unit means a building for residential purposes consisting of one room or rooms connected together constituting a separate, independent housekeeping establishment. Said enclosure shall contain independent sleeping, kitchen and bathroom facilities designed for and used, or held ready for use, as a residence by not more than five unrelated persons.

Easement means any strip of land created for public or private utilities, drainage, sanitation, access, cable television or other specified uses having limitations. The fee simple title remains in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Flood zone (see section 17-152) means the 100 year elevation as determined by FEMA/FIA and the boundary verified by site specific field topographic surveys.

Floor area, gross means the total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls.

Garage, mechanical means a building or portion thereof, other than a private garage or service station, designed or used for repairing automobiles, motorcycles, trucks or other motor vehicles.

Garage, private means an accessory building or an accessory portion of the principal building designed or used for inside parking of motor vehicles owned by the occupants of the building to which it is accessory.

Group home means a dwelling which provides basic area and supervision to four or more persons not related to the owner or operator of the dwelling and the owner or operator of which is licensed and approved by the Florida Department of Health and Rehabilitative Services.

Home occupation means an occupation or profession for gain or support conducted only by members of the family residing on the premises and conducted entirely within the principal buildings, provided that the total floor area used for such purposes does not equal more than 20 percent of the floor area of the principal building. Any home occupation that creates objectionable noise, fumes, odor, dust or electrical interference or traffic beyond that customarily found in the district of which it is to be a part shall be prohibited.

Hotel. (See Motel.)

Hot dog cart means a non-motorized vehicle that is the subject of a valid permit issued by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation to operate as a hot dog cart. Hot dog carts are limited to the reheating of hot dogs or pre-cooked individually encased sausages only and the regulations established by the division of hotels and restaurants. The horizontal surface area of a hot dog cart is limited to 24 square feet.

Improvements means street pavement, curbs and gutters, sidewalks, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent reference monuments, permanent control points and any other construction required by the city.

Kennel means a place where dogs and other small animals and house pets are kept, sheltered, boarded, bred or groomed for compensation.

Livestock means all animals of the equine, bovine or swine class including, but not limited to, goats, sheep, mules, horses, hogs, cattle and other grazing animals.

Loading space, off-street means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking.

Lot for purposes of this chapter, means a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on an 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 any residual lot or parcel be created which does not meet the requirements of this chapter.

Lot frontage means the front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to a street shall be considered frontage and yards shall be provided as indicated under "yard" in this section.

Lot measurements means:

(1)

Depth of a lot shall be considered to be 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.

(2)

Width of a lot shall be considered to be the distance between the side lot lines measured at the front building line and parallel to the front lot line.

Lot of record means a lot which is part of a subdivision recorded in the county public records, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot types means the following types of lots are defined to clarify terminology used later in this chapter:

(1)

Corner lot. A lot at the intersection of two or more streets or along a single street that forms its own corner and provides frontage along two sides of the same lot. 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.

(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.

(4)

Reversed frontage. A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot.

Mobile home means a dwelling unit that: (i) is not constructed in accordance with the standards set forth in the Standard Building Code, and (ii) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, and (iii) exceeds 40 feet in length and eight feet in width. A travel trailer is not a mobile home.

(1)

Mobile home class A. A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:

a.

The home has a length not exceeding four times its width;

b.

The pitch of the home's roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;

c.

The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;

d.

A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the home; and

e.

The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.

(2)

Mobile home, class B. A mobile home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a class A mobile home.

(3)

Mobile home, class C. Any mobile home that does not meet the definitional criteria of a class A or class B mobile home.

(4)

Mobile home park. A residential use in which more than one mobile home is located on a single lot.

Modular home means a dwelling unit constructed in accordance with the standards set forth in the standard building code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home may consist of two sections transported to the site in a manner similar to a mobile home (except that the modular home meets the standard building code) or a series of panels or room sections transported on a truck erected or joined together on the site.

Motel means a building or a group of buildings containing sleeping accommodations or efficiency units in which transient guests are lodged. (For the purposes of this chapter, hotel and motel shall have the same meaning.)

Mother-in-law suite means a portion of a single-family dwelling unit that provides sleeping, bathroom and kitchen facilities, for permanent or intermittent use by a guest of or a person related by blood or marriage to a resident of the single-family dwelling unit in which the facilities are located. The single-family dwelling unit in which a mother-in-law suite is located may have a second entrance for the purpose of accessing the mother-in-law suite provided, however, that such entrance shall not be visible from the front of the lot. The single-family home shall retain the character of a single-family home to be determined by the presence of only one driveway, a single door visible from the front of the lot.

Nonconforming means:

(1)

Lot. A lot of record existing at the effective date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area or frontage requirement of the district in which the lot is located.

(2)

Structure. Existing improvements at the effective date of this chapter which do not meet required parking and loading regulations, height regulations, area regulations set back requirements and the like for the district in which they are located.

(3)

Use. Any building or land lawfully occupied by a use at the effective date of this chapter that does not conform with the use regulations of the district in which it is situated.

Nursing home means a home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Office, business means an office for activities such as real estate, advertising, insurance, travel agency, ticket sales, abstract and title companies, insurance, etc. and in which retail or wholesale goods are not shown to or delivered from the premises to a customer. A beauty or barber shop is not a business office.

Office, professional means an office for the use of architects, engineers, attorneys, accountants, physicians, lawyers, dentists, and the like. Professional offices generally offer personal or consultant services.

Off-street parking means a lot or parcel of land or structure designed, constructed or utilized for the temporary storage or parking of motor vehicles. Required off-street parking shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley.

P.C.P. (permanent control point) means a secondary, horizontal-control monument in accordance with F.S. Chapter 177.

Plat means a map or delineated representation of the subdivision of lands; a complete exact representation of the subdivision and other information in compliance with all applicable statutes and regulations.

Potable water means water which is satisfactory for drinking, culinary and domestic purposes and which meets the quality standards of the Florida Department of Environmental Regulation.

P.R.M. permanent Reference monument provided in accordance with F.S. Chapter 177.

Record drawing means a set of approved plans and specifications which identify, at a minimum, substantial deviations referenced in the certificate of completion of construction that has occurred since the permit was issued.

Regulatory permit means a permit issued by the L.P.A. to allow certain development in accordance with this Code. (See section 17-38.)

Right-of-way means land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, access or other purpose by the public, certain designated individuals or governing body.

Rooming house. (See Boarding house.)

Septic tank means an individual sewage disposal system approved by the county health department and serving only one lot.

Service station means any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories. General automotive servicing, as distinguished from automotive repair, may also be performed.

Sight distance triangle means the triangular area required on any intersection corner to permit a vehicle operator an unobstructed view of the crossing roadway for a minimum sight distance in either direction.

Sign. (See section 17-207).

Site plan means an illustration of the details of development of areas such as commercial, industrial, recreational, multi-family residential and other uses not being platted.

Smoke shop and tobacco store means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, tobacco paraphernalia, electronic cigarettes, vape pens, vaping paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to the restrictions in this chapter.

Special exception permit means a permit issued by the L.P.A. that allows one or more of certain scheduled uses within a zoning district that are not generally permissible throughout the district, but which if controlled as to number, area, location, or relation to the neighborhood, could promote the public health, safety and welfare.

Street. (See article XVI.)

(1)

Arterial. A major street in the transportation system which provides a direct route for long local trips and also provides access to interstates, expressways, etc. The main function of an arterial is to move large volumes of vehicles.

(2)

Collector. A street which conducts traffic between local streets and arterials and also provides access to abutting property.

(3)

Cul-de-sac. A street that terminates in a vehicular turnaround. (See also section 17-170(b).)

(4)

Local. A street which provides access to property. Average daily traffic is normally less than 1,000 vehicles.

(5)

Residential. A street which serves only a local residential community and does not connect any higher classifications of streets. Average daily traffic is normally less than 1,000 vehicles.

Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location. Among other things, structures include buildings, mobile homes, walls and fences.

Structure, temporary means any structure serving a temporary use, such as a field or sales office or contractor's office.

Subdivision means the division of a parcel of land, whether improved or unimproved, into two or more lots or parcels of land for the purpose of sale or building development (whether immediate or future) and including all divisions of land involving the dedication of a new street or a change in existing streets. The following, however, shall not be included in this definition nor be subject to the regulations of this chapter applicable strictly to subdivisions:

(1)

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the minimum standards set forth in this chapter.

(2)

Subject to the approval of L.P.A., parcels of record as of the effective date of this chapter may be subdivided one time, without platting, into two parcels, provided that both parcels conform without the necessity of a variance to all requirements of the appropriate zoning category, and that both parcels have frontage on a public road.

Subdivision, architecturally integrated means a subdivision in which approval is obtained not only for the division of land into lots, but also for a configuration of principal buildings to be located on such lots. The plans for an architecturally integrated subdivision shall show the dimensions, height and locations of all such buildings to the extent necessary to comply with the purpose and intent set forth in section 17-120.

Travel trailer means a structure that is intended to be transported over streets and highways and is designed as a temporary dwelling for travel and recreational purposes. A travel trailer is not a mobile home.

Tree means any living, self-supporting, perennial plant which is at least one and one-half inch D.B.H. and normally grows to a minimum overall height of 15 feet. (See articles XVII and XX.)

Use means the activity or function that actually takes place or is intended to take place on a lot.

Utility facility means any below or above-ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a non-profit organization, a corporation, or any entity defined as a public utility for any purpose and used in connection with the production, generation, transmission, delivery, collection or storage of water, sewage, electricity, gas, oil or electronic signals.

Variance means a variance is a relaxation of the terms of this Code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this chapter, a variance is generally authorized only for height, area, size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

Wetlands means hydrologically sensitive areas which are inundated or saturated by surface or groundwater with a frequency and duration to support a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wholesale sales means on-premises sale of goods primarily to customers engaged in the business of reselling the goods.

Yard means an open space on the same lot with a building, which space is unoccupied and unobstructed from the ground upward, with the exception of trees and other vegetation. Fences, walls, children's play equipment and other customary yard accessories may be permitted in rear and side yards and some front yards subject to height, visibility limitations and other requirements of this chapter. (See sections 17-117 and 17-118.)

(1)

Front yard. A yard extending between side lot lines, parallel across the front of a lot adjoining a street. In cases of through lots and corner lots, front yards shall be provided on all frontages. The minimum front yard setback distance shall be maintained at every point along the street. (See also subsection 39.)

(2)

Rear yard. A yard extending across the rear of the lot between inner side yard lines. In the case of through lots, there is no rear yard. The depth of the rear yard shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The rearmost point of the side lot line in the case of rounded or irregular property corners shall be assumed to be the point at which the side and rear lines would have met without such rounding or irregularity.

(3)

Side yard. A yard extending from the rear line of the required front yard to the front line of the rear yard, or in the absence of any clearly defined rear lot line, to the point on the lot farthest from the-intersection of the lot line involved with the public street. In the case of through lots, side yards will extend from the rear lines of the required front yards. In the case of corner lots, there may be only one side yard, and that yard will be the yard(s) remaining after providing two front yards and designating a rear yard.

(4)

Minimum yard. In addition to other yard requirements, a minimum yard equal in depth to the established district side yard shall be provided parallel to all property lines. Accessory uses may be allowed within the minimum yard area in accordance with sections 17-117 and 17-118.

Zoning permit means a permit issued by the administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter.

(Am. Ord. 2004-362, passed 1-27-04; Am. Ord. 2004-372, passed 7-13-04; Am. Ord. 2005-401, passed 7-26-05; Am. Ord. 2013-530, § 2, passed 6-3-13; Am. Ord. 2015-548, § 1, passed 8-3-15; Am. Ord. 2022-599, § 2, passed 1-9-23)