2.02.01

Interpretations.

For the purpose of this article, certain words and terms used herein shall be interpreted to have meanings as defined below. Where words or terms are not defined, they shall have their ordinarily accepted meanings or such as the context may imply. Words used in the present tense include the future; the singular number includes the plural and the plural includes the singular. The word "shall" is mandatory; the word "may" is permissive. The words "used" or "occupied" include the words "intended," "designed" or "arranged" to be used or occupied. The word "lot" includes the words "plot" or "parcel". The word "structure" includes the word "building" as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground. The word "land" includes the words "marsh," "water" or "swamp."

The word "map" shall mean the zoning atlas of the Town of Orange Park, Florida, and the term "comprehensive plan map" shall mean the map developed in conjunction with the Comprehensive Plan of the Town of Orange Park, Florida, and the work "town" or "city" shall mean the Town of Orange Park, Florida, or corporation of the State of Florida.

2.02.01.01

Abutting. The condition of two adjoining properties having a common property line or boundary including cases where two or more lots adjoin a corner, but not including cases where adjoining lots are separated by a street or alley.

2.02.01.02

Accessory use or structure. 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.

2.02.01.03

Adjacent. The condition of being near to or close to, but not necessarily sharing a common dividing line (e.g., two properties that are separated only by a street or alley shall be considered adjacent to one another).

2.02.01.04

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

2.02.01.05

Alteration. Alter or alteration shall mean any change in size, shape, occupancy, character or use of a building or structure.

2.02.01.06

Appliance sales. An establishment engaging in the sales of new and/or used appliances, including, but not limited to, refrigerators, washing machines, clothes dryers, dishwashers and similar products.

2.02.01.07

Antenna. Any device used for radiating or receiving electromagnetic waves, such as towers, wires or rod structures or dishes or discs.

2.02.01.08

Antique shop. A retail sales establishment offering antiques such as works of art, pieces of furniture, decorative objects, or the like belonging to the past, at least thirty years or more.

2.02.01.09

Applicant. The record owner, or his authorized representative of a tract of land which is the subject of a request for a change in zoning classification, a conditional use, a variance or an appeal.

2.02.01.10

Appurtenance. A visible, functional, or ornamental object that is accessory to and part of, a building or structure. This definition includes, but is not limited to, awnings, pergolas, satellite receivers, television antennae and screen enclosures.

2.02.01.11

Arterial street. A street designed or utilized primarily for high speed vehicular movements and heavy volumes of traffic collecting traffic from collector streets.

2.02.01.12

Auditorium. The room, hall, building or part of a building used for public gatherings.

2.02.01.13

Automated teller machine (ATM). A device that dispenses cash and conducts limited banking transactions for customers using a credit card, debit card, or other similar personal banking card. These devices may be part of a bank office, a drive-up banking center, or may be freestanding units in retail centers or within other buildings.

2.02.01.14

Automotive parts store. An establishment engaging in the sales of automotive parts such as windshield wiper blades, belts, hoses, filters, batteries, automotive accessories, and similar items, with no such servicing and/or repairs conducted onsite.

2.02.01.15

Automobile rental/leasing. An establishment conducting the rental or leasing of automobiles, light trucks, light load vehicles, and limousines, including incidental parking and servicing of vehicles for rent or lease.

2.02.01.16

Automobile repair services. An establishment involved in the repair and maintenance of automobiles, motorcycles, trucks, vans, trailers, or recreational vehicles. Services include, but [are] not limited to, engine tune-ups, oil change and lubrication, brake repair, tire repair or replacement; detailing and polishing; engine, transmission, or differential repair or replacement; body work; upholstery work; and painting. All services must be conducted wholly within an enclosed building. Rental of luggage or utility trailers, trucks, but not rental of automobiles shall be allowed. All such allowed servicing shall be done in an enclosed building; however, minor adjustments and replacements of minor parts, e.g., replacing a windshield wiper blade, shall be permitted while a vehicle is being serviced at a pump island.

2.02.01.17

Automobile wrecking or storage yard. The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles, trailers or their parts.

2.02.01.18

Bakery, retail. A place where products such as bread, cake and pastries are baked, produced and/or sold. This definition shall not be interpreted to include facilities where the majority of the produced goods are distributed to other locations.

2.02.01.19

Bakery, wholesale. A place where products such as bread, cake and pastries are baked, produced and/or sold and where the majority of the produced goods are distributed to other locations.

2.02.01.20

Bank or financial service. An establishment, with or without drive-through service, for the custody, loan, or exchange of money; for the extension of credit; and for facilitating the transmission of funds. Accessory uses may include, but are not limited to, automated teller machines and offices.

2.02.01.21

Barber or beauty shop. An establishment whose sole business is a combination of shaving or trimming the beards, cutting or dressing hair of the heads, or manicuring and pedicuring the nails of its customers.

2.02.01.22

Bar, nightclub, or tavern. Any commercial establishment devoted primarily to the serving and dispensing of alcoholic beverages by the drink to be consumed on the premises and in which the service of food is only incidental to the consumption of such beverages, dancing, and musical entertainment are permitted.

2.02.01.22.1

Bed and breakfast establishment. A limited occupancy visitor accommodation facility consisting of not less than four and not greater than eight guest rooms and an owner/operator's residence, where visitor occupancy is limited to a maximum of seven consecutive days, where such lodging and a daily meal or meals are provided for compensation and said meals are served only to resident guests of the establishment. Bed and breakfast establishments are limited to the adaptive conversion and reuse of, or reproductions of, historically or architecturally unique residential structures which are compatible with the surrounding neighborhood.

2.02.01.23

Bingo or bingo game. Each participant must pay a charge and receives one or more bingo cards; the players cover squares as the operator announces a number, a letter or a combination of numbers and letters selected by chance from a receptacle containing objects bearing numbers, letters or combinations of numbers and letters corresponding to the system used for designating the squares on the bingo cards; and a prize is awarded to the winner, who is the player or players first properly covering a predetermined and announced pattern of squares on the bingo card being used by the player or players.

2.02.01.24

Boarding house. An establishment with lodging for four or more persons, where meals are regularly prepared and served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu.

2.02.01.25

Body art shop, tattoo parlor. A building or portion thereof where the practice of physical body adornment by establishments and artists using the techniques of body piercing and tattooing. This definition does not include, for the purposes of this article, ear piercing.

2.02.01.26

Borrow pit. An excavation from which natural materials are removed for use elsewhere, leaving a hole (pit).

2.02.01.27

Buildable area. The portion of developable land within a lot remaining after required yards, parking and landscaping areas have been provided. Buildings may be placed in any part of the buildable area, but limitations on percent of the lot which may be covered by buildings may require open space within the buildable area.

2.02.01.28

Building. Any 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. This definition shall include tents, awnings, cabanas or vehicles situated on private property and serving in any way the function of a building, but does not include screened enclosures not having a roof impervious to weather.

2.02.01.29

Building coverage. A percentage figure referring to the gross area of a lot or parcel of land occupied by all of the ground floor of principal and accessory buildings or structures which are under a roof.

2.02.01.30

Building height. The vertical distance from the average existing grade to the highest point of the roof or parapet. Chimneys, spires, cupolas, and similar minor projections not intended for human occupancy shall not be included in the total building height.

2.02.01.31

Building improvements center. An establishment for the sales of materials and hardware customarily uses in the construction, repair or improvement of a building and other structures. Outdoor display of goods is prohibited unless specifically allowed by this article.

2.02.01.32

Building materials and outdoor lumberyard sales. An establishment for the sale of materials and hardware customarily used in the construction, repair or improvement of buildings and other structures, which includes facilities for storage and where the majority of the sales are wholesale and/or to contractors, not to the general public.

2.02.01.33

Carport. An accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor driven vehicles owned and used by the occupants of the building to which it is accessory.

2.02.01.34

Car wash. A facility where vehicles are cleaned, washed, waxed, vacuumed, or otherwise detailed. This includes, but is not limited to, a coin-operated, self-service, full-service, or an automatic car wash. A car wash can be free-standing or part of a service station. Car washes are restricted to use by vehicles of size and weight no greater than 22 feet long by 12 feet high and 8,000 pounds (gross weight) respectively.

2.02.01.35

Change of occupancy. Discontinuance of an existing use and the substitution of a different kind or class of use.

2.02.01.36

Change of use. Any modification to an existing building, off-street parking area, or accessway that would require a building permit.

2.02.01.37

Child care center. A facility holding a license with the State of Florida which provides a service which during all or part of the day, regularly gives care to children, not of common parentage, who are under six years of age, whether or not it has a stated educational purpose and whether the service is known as a day care service, day nursery, day care agency, nursery school, play school, progressive school, or by another name for which a payment, fee or grant is made for a child's care, for supplementing parental care, enrichment and health supervision for a child in accordance with their individual needs. The total number of children receiving care shall be counted, including children or foster children of the owner or person in charge, in determining the applicability of this definition.

Adult 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. Medicines may be provided as deemed necessary, however the same is not required to be administered by a physician, nurse, or medically trained person.

2.02.01.38

Church. A building or structure whose sole design and use is for religious worship and the religious program of said church.

2.02.01.39

Clinic, medical or dental. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a physician or group of physicians practicing any form of medical care, whether such persons are medical doctors, chiropractors, osteopaths, podiatrists, naturopaths, optometrists, dentists or any such professions, the practice of which is lawful in the State of Florida.

2.02.01.39.01

Clinic, drug addiction. A clinic, facility or office, where a physician practices who issues prescriptions and provides onsite dispensing of drugs for the treatment of pain commonly associated with addiction treatment. This term does not include similar prescription drugs prescribed by doctors to treat moderate to severe pain following surgery or injury, or for health conditions such as cancer.

2.02.01.40

Club, private (for profit). An association or social organization operated or maintained for profit.

2.02.01.40.01

Club, private (not for profit). An association or social organization of a fraternal or social character, not operated or maintained for profit, i.e. Women's Club, Lion's Club, etc. The term private club shall not include casinos, nightclubs, bottle clubs or other establishments operated or maintained for profit.

2.02.01.41

Club, tennis. Any associated, chartered or incorporated club owning or leasing and maintaining any bona fide tennis club or four-wall indoor racquetball club consisting of not less than ten regulation size four-wall indoor racquetball courts, or ten of any combination of such courts, with clubhouse facilities, pro shop, locker rooms and attendant facilities, all located on a contiguous tract of land owned or leased by such club.

2.02.01.42

Collector street, major. A major collector street carries medium volumes of traffic collected primarily from minor collector streets and delivering the traffic to arterial streets.

2.02.01.43

Collector street, minor. A minor collector street carries relatively light volumes of traffic primarily from minor streets to major collector streets.

2.02.01.44

Colocation. The use of a telecommunication support facilities by more than one wireless telecommunication provider.

2.02.01.45

Reserved.

2.02.01.46

Commercial recreation or amusement. A structure or outdoor area open to the public that provides entertainment or amusement for a fee or admission charge, including, but not limited to, batting cages, bowling alley, miniature golf, go kart tracks, water slides, skateboarding, skating rinks, coin and/or token operated arcades, and swimming pools. This definition shall not be interpreted to include internet cafes/sweepstakes facilities.

2.02.01.47

Communication tower. Communication tower means a primary structure which is principally intended to support communication equipment for telephone and similar communication purposes. The term "communication tower" does not include commercial broadcast towers or towers utilized by amateur radio operators licensed by the Federal Communications Commission (FCC). Communication towers are generally described as either monopole (free standing), lattice (self-supporting), or guyed (anchored with guy wires or cables).

2.02.01.48

Community center. Any facility owned or leased by the Town and operated for the purpose of providing amenities and programs to the public. Uses may include, but are not limited to, municipal buildings, parks, farmers markets, festivals, sports fields, music venues, hiking and biking trails, and other uses for the purpose of providing a variety of recreational, cultural and programmatic activities to the public.

2.02.01.49

Comprehensive plan. The Local Government Comprehensive Plan, which was adopted by codes consistent with Section 163.3161, Florida Statutes, as amended, and serves as the legal guideline for the future development of the local government.

2.02.01.50

Conditional use. A use that would not be appropriate generally or without restriction throughout the zoning division or district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning division or district as conditional uses, if specific provision for such conditional use is made in the zoning ordinance.

2.02.01.51

Condominium. A type of ownership in which a building or buildings are divided into separate, individual units, such as apartments or office suites, which may be sold and owned separately, while common areas and some outdoor areas may be owned in common.

2.02.01.52

Convenience store. A retail business establishment engaged primarily in the sale of prepackaged food items, tobacco, periodicals, beverages, household products, medicines, cosmetics, and beer and wine items as defined by the State of Florida, as well as fuel sales of gasoline, propane, diesel fuel, kerosene, compressed natural gas, ethanol-free gasoline, or gasohol.

2.02.01.53

Court. An area open to the sky or having a glass roof and mostly or entirely surrounded by buildings, walls or other improvement of a similar nature.

2.02.01.54

Decorative paving. Paving that is made up of solid, precast, decorative paving, flagstone, modular units, stamped concrete, concrete pavers, seeded concrete, colored concrete or any combination of the same.

2.02.01.55

Density. The number of residential dwelling units permitted per acre of land.

2.02.01.56

Dental or medical office or clinic. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons practicing any form of the healing arts, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is regulated by the State of Florida. This definition shall include, imaging centers, physical therapy clinics, and other similar establishments.

2.02.01.57

Developable land. All of a parcel of land except:

(a)

Lands lying within proposed public rights-of-way; and

(b)

Marshlands, swamps, flood plains or other environmentally sensitive lands where local, state or federal regulations otherwise prohibit development.

2.02.01.58

Drive-in/drive-through establishment. Any place or premises where provision is made on the premises for the selling, dispensing of services or goods to persons in vehicles on the premises, or in other than a completely enclosed building on the premises. A restaurant which provides drive-in facilities of any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant.

2.02.01.59

Dry cleaning or commercial laundry. An individual facility where fabrics are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis.

2.02.01.60

Dwelling. Any 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.

2.02.01.61

Dwelling, one-family or single-family. A building containing only one dwelling unit. The term is not to be construed as including mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, houseboats or other forms of temporary or portable housing. The term does include modular homes.

2.02.01.62

Dwelling, two-family (duplex). A separate detached building designed for or occupied exclusively as a residence by two families independent of each other.

2.02.01.63

Dwelling, multiple-family. A building containing three or more dwelling units.

2.02.01.64

Dwelling unit. A room or rooms connected together, constituting a separate, independent housekeeping establishment for a family, for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping facilities kitchen.

2.02.01.65

Easement. The right to use the land of another for a limited purpose, all other rights and title remaining in the owner.

2.02.01.66

Elderly housing, life care or continuing care services. Not-for-profit religious or social welfare organization-run retirement centers where residents may be required to turn over any/all assets in exchange for housing, personal care, convenience care, and some health care in the form of nursing homes, rest homes, and convalescent houses which include administration or supervision of medication or personal care services by a trained staff person.

2.02.01.67

Elderly housing, residential care facility. A facility licensed by the State of Florida Department of Health that provides primarily nonmedical resident services to seven or more individuals in need of personal assistance essential for sustaining the activities of daily living, or for the protection of the individual, excluding members of the resident family or persons employed as facility staff, on a 24-hours-a-day basis.

2.02.01.68

Elderly housing, retirement housing. Any age-restricted residential complex containing multi-family dwellings designed for and principally occupied by elderly persons. Such facilities may include a congregate meals program in a common dining area, with no provision for routine nursing or medical care and are distinguished from life care retirement centers as elsewhere defined. These may be in any housing form, including detached and attached dwelling units, apartments, and residences offering private and semiprivate rooms.

2.02.01.69

Elderly persons. Persons age 62 and above.

2.02.01.70

Enclosed structure. Any structure with minimal openings that contains a permanent roof and solid exterior walls on all sides pierced only by ordinary doors, windows and ventilators. Any windows must be covered or impact resistant.

2.02.01.71

Encroachment. Any protrusion of a vehicle outside of a parking space, display area or accessway into a landscaped area.

2.02.01.72

Erected. The word "erected" includes built, constructed, reconstructed, moved upon, or any physical operation on the premises required for building. Excavations, fill, drainage, demolition of an existing structure, in conjunction with erection.

2.02.01.73

Essential services. Essential public services may be permitted in any zoning district provided the location of essential services are approved by the planning and zoning board. Essential public services are hereby defined as, and are limited to certain installations of water, sewer, gas, telephone or electrical systems, and similar installations; provided, however, that:

(a)

This section shall be deemed to permit the location in a district of such major installations as electrical or gas generating plants, sewage treatment plants, water pumping or aeration facilities and other similar major installation, unless such facilities were constructed or construction was started prior to the adoption of this zoning ordinance;

(b)

This section shall not be deemed to permit the erection of structures for commercial activities such as sales of related merchandise or collection of bills in districts from which such activities would otherwise be prohibited. Construction of appropriate buildings with appropriate screening and/or landscaping shall be compatible with surrounding neighborhood.

2.02.01.74

Facade. The exterior walls of a building exposed to public view, or that wall viewed by persons not within the building.

2.02.01.75

Family. One or more persons occupying a single dwelling unit, provided that unless all members are related by law, blood, adoption or marriage, no such family shall contain over five persons, but further provided that 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, nursing home, foster care home, or other similarly situated use.

2.02.01.76

Financial services. Any facility engaged in activities and/or providing services relating to saving accounts, checking accounts, money transfers, and loans.

2.02.01.77

Flammable liquids. Liquids having a flash point below 200 degrees Fahrenheit, closed cup tester. Class 1 flammable liquids (e.g. gasoline) have a flash point of 25 to 69 plus degrees Fahrenheit.

2.02.01.78

Flood zones. They include the areas where there is "wetland vegetation," the areas of transition between wetland vegetation and upland areas, and those areas outlined in the federal insurance flood prone maps.

2.02.01.79

Floor area. Except as may be otherwise specifically indicated in relation to particular districts and uses, floor area shall be construed as the sum of the gross horizontal areas of the 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 or 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 lot.

2.02.01.80

Foster home. Any establishment licensed by the State of Florida that provides care for less than five children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care, wherever operated and whether or not operated for a profit.

2.02.01.81

Funeral home. A place for the storage of deceased human remains prior to burial, or a building used for the preparation of the deceased for burial and the display of the deceased before burial or cremation. This definition does not include any chamber or facility used to cremate human remains and reduce them to ashes.

2.02.01.82

Garage, apartment. A building designed and intended to be used for the housing of vehicles belonging to the occupants of an apartment building on the same premises, in connection with living quarters and having a square foot area not more than sufficient to house a number of automobiles not exceeding the number of apartments contained in the principal building.

2.02.01.83

General retail. A commercial enterprise that provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the consumer. The definition shall include, but is not limited to, grocery store, department store, specialty store, and similar such uses.

2.02.01.84

Governing body. The Orange Park town council.

2.02.01.85

Guest House. A unit in a building separate from and accessory in use and size to the main residential building on a lot, intended and used only for intermittent or temporary occupancy by a non-paying guest or family member. A guest house may contain limited kitchen facilities such as a microwave oven, bar sink, and a less than ten cubic foot refrigerator/freezer, provided the unit is not rented. A guest house is not allowed to have a separate utility meter. A guest house shall not be considered a separate dwelling unit provided such conditions are met.

2.02.01.86

Handicapped or physically disabled person. Any person who has anatomical or physiological deficiency restricting or preventing movement without the aid of a mechanical device, wheelchair, walker, cane or canes, crutch, invalid tricycle or any similar device. Any person unable to climb stairs, any blind person and any other person with any physical handicap interfering with the person's ability to walk or travel on a surface other than a level surface.

2.02.01.87

Hardscape. Exterior elements on a site, other than soft landscaping, designed to enhance the appearance and functionality of the development. Hardscape elements include, but are not limited to, pedestrian kiosks, benches, fountains, bus shelters, contrasting sidewalk pavers, signs, dedicated and delineated outdoor eating areas, etc.

2.02.01.88

Home improvement center. An establishment whose principal business is the retail sale of merchandise customary to the repair, maintenance and improvement of residential and business structures including repairs, maintenance and improvements of the properties on which these structures are located. For the purpose of this zoning ordinance a home improvement center shall not be deemed a business which sells merchandise in large quantities to builders and/or contractors. All materials shall be stored in a completely enclosed structure with no outside display.

2.02.01.89

Home occupation. An avocation that is conducted on the same premises that is utilized for residential purposes by persons engaged in such avocation.

2.02.01.90

Hospital. A building or group of buildings having facilities for overnight care of one or more human patients, providing services to in-patients and medical care to the sick and injured, and which may include as related facilities: Laboratories, out-patient services, training facilities, central service facilities, and staff facilities; provided however, that any related facility shall be incidental and subordinate to principal hospital use and operation. Only those buildings licensed as a hospital under the laws of the State of Florida shall be included within this definition.

2.02.01.91

Hotel, motel. A building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with daily charge, as distinguished from multiple-family dwellings and rooming or boarding houses, where rentals are for periods of a week or longer and occupancy is generally by residents rather than transients.

2.02.01.92

Impervious surface. Any hard-surfaced, man-made areas that does not readily absorb or retain water or allow it to pass through to natural ground.

2.02.01.93

Impervious surface ratio. A mathematical expression determined by dividing the total impervious surface of a site by the gross area of the site.

2.02.01.94

Junk yard. Place, structure or lot where junk, waste, discarded, salvaged or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are brought, bought, sold, exchanged, baled, packed, disassembled, sorted or handled, including used lumber and building material yards, housewrecking yards, heavy equipment wrecking yards, and yards or places for the storage, sale or handling of salvaged house wrecking or structural steel materials. This definition shall not include automobile wrecking and automobile storage yards, or pawnshops and establishments for the sale, purchase or storage of secondhand cars, clothing, salvaged machinery, furniture, radios, stoves, refrigerators or similar household goods and appliances, all of which shall be usable, nor shall it apply to the processing of used, discarded or salvaged materials incidental to manufacturing activity. However, establishments for the sale, purchase or storage of secondhand refrigerators, stoves, plumbing fixtures and similar merchandise shall be considered a junk yard for the sole purpose of requiring that such establishments display their merchandise behind a visual barrier as required for junk yards by this zoning ordinance.

2.02.01.95

Kennel. Any place or premises where four or more household pets over four months of age are kept for pay or for sale. This definition shall not apply to veterinarians operating under license from the State of Florida who board household pets on the same premises in conjunction with their practice incidental to observation and treatment.

2.02.01.96

Light manufacturing and processing. The assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a completely enclosed building. Typical uses include, but are not limited to, publishing, binding, lithography, mechanical, sheet metal, etc.

2.02.01.97

Loading space, off-street. An on-the-property space, logically and conveniently located for pickups or deliveries or for loading and unloading of vehicles scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Such space shall measure not less than 12 by 25 feet excluding surfaced area necessary for access and maneuvering.

2.02.01.98

Lot. 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 (provided that certain nonconforming lots of record at the effective date of this zoning ordinance or its amendment are exempted from provisions under the terms of this zoning ordinance). Such lot shall have frontage on a public or private street and may consist of:

(a)

A single lot of record;

(b)

A portion of a lot of record;

(c)

A combination of complete lots of record, or of portions of lots of record;

(d)

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 article.

2.02.01.99

Lot coverage by all buildings. The amount (percentage) of impervious coverage of permanent structure footprints, and similar accessory uses.

2.02.01.10

Lot frontage. The front of an interior lot shall be construed to be the portion nearest the street. Where lots have frontage on more than one street, the front yard shall be at the election of the owner unless such choice is incompatible with surrounding uses. Then, the director of economic and community development will make the determination if it is compatible or not.

2.02.01.101

Lot depth. The distance measured from the middle point of the front line to the middle point of the opposite rear line of the lot.

2.02.01.102

Lot width. The mean horizontal distance between the side lot lines, measured at right angles to its depth.

2.02.01.103

Lot of record. A lot whose existence, location and dimensions have been legally recorded as part of a subdivision or registered in a deed or on a plat which has been legally recorded in the office of the clerk of the Circuit Court of Clay County prior to the effective date of this zoning ordinance.

2.02.01.104

Major thoroughfares. A multilane divided roadway with more than one lane in each direction.

2.02.01.105

Massage establishment, health spa. An establishment where massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State of Florida.

2.02.01.106

Mental health services. Any individual, association, group or other entity at one location whose primary purpose is to provide service for the care, treatment, habilitation, or rehabilitation of the mentally ill, and the developmentally disabled. This term does not include a drug addiction clinic as defined in this section.

2.02.01.106.01.

Metal building. A structure that is principally metal cladding attached to a metal frame.

2.02.01.107

Mini-warehouse. A building or group of buildings designed for personal storage which is subdivided by permanent partitions into compartments containing not more than 400 square feet used to meet the temporary storage needs of small businesses and residential uses. Each such space has an exterior independent entrance under the exclusive control of the tenant thereof.

2.02.01.108

Mobile food vendor. Any person or business selling food from a mobile food vending vehicle from which food items are sold to the general public.

2.02.01.109

Mobile food vending vehicle. A vehicle-mounted public food service establishment that is either self-propelled or otherwise movable from place to place. It may have a sink for washing, rinsing and sanitizing equipment and utensils, a separate hand wash sink; adequate refrigeration and storage capacity; full provision of power utilities including electrical, LP-gas, or a portable power generation unit; a potable water holding tank; and a means for liquid waste containment and disposal.

2.02.01.110

Mobile home and house trailer. A detached single-family dwelling unit with all the following characteristics:

1.

Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath and electrical connections provided for attachment to outside systems;

2.

Designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers; and,

3.

Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, locations on jacks or other temporary or permanent foundations, connection to utilities and the like. A travel trailer is not to be considered as a mobile home.

2.02.01.111

Modular home. Any single-family residential dwelling unit constructed in a controlled factor environment in accordance with the provisions of the Florida minimum building, plumbing, electrical, fire, accessibility and energy codes and which has building plans. A modular home can be shipped as a vehicle with wheels or may be delivered on a truck and may, or may not, be required to be constructed on an integral chassis. Modular homes are governed by F.S. Chapter 553, Part I, and bear the insignia of the approving department over the electrical panel cover.

2.02.01.112

Municipal use. Any facility owned or leased and operated by the Town for the purpose of providing municipal services to residents and businesses within the town. Municipal uses may include, but are not limited to, municipal buildings, roadways, streetlights, traffic control devices, easements, water, wastewater and drainage facilities, and other uses necessary to carry out the function of the government.

2.02.01.113

Nonconforming use of building. The use of a building or portion thereof, or land or portion thereof, which does not conform with the use regulations of the district in which the building is located, the use of which was legally established and existed prior to the effective date of such use regulation.

2.02.01.114

Non-emergency ambulance services. An establishment providing ambulance transportation on a non-emergency basis for medically necessary, prescheduled transfers between hospitals and other health care facilities.

2.02.01.115

Nursing home. 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 reason of illness or physical infirmity or advance 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 to be establishments which regularly provide nursing and custodial services. Only those homes, buildings or places licensed under, or as otherwise complies with applicable sections of, Part 1, Part II and Part IV, Chapter 400, Florida Statutes, as nursing homes, adult congregate living facilities, and adult day care centers, respectively, shall be included within this definition. Accessory uses may include, but are not limited to, recreational and cultural facilities, assembly areas, personal service facilities, sundry shops, and other subordinate uses commonly associated with group living facilities for the benefit and use of residents, guests and employees, regardless of whether the individual uses are allowed in the zoning district where the group living facility exists.

2.02.01.116

Occupied. The word "occupied" includes arranged, designed, built, altered, converted to, or intended to be used or occupied.

2.02.01.117

Office, business or professional. An office for such operations as accounting services, auditing and bookkeeping services, employment service agencies (permanent job placement), insurance offices, manufacturer's representative, mortgage broker, real estate offices, stockbroker's office, telephone answering and referral service, travel agency, and the like; or an office for the use of a person or persons generally classified as professionals such as architects, attorneys, engineers (including surveyors), interior designer, land planner, licensed masseur, medical and dental laboratories, psychiatrists, psychologists and other mental health services, veterinarians (but not including treatment or boarding of animals on the premises), and the like. For the purpose of this zoning ordinance a barber or beauty shop or bail bond agency shall not be deemed a business or professional office.

2.02.01.118

Open/green space. A parcel or parcels of land or an area of water, or a combination of land and water, clear to the sky, within a site which shall include common recreation area, woodland areas, passive parks, nature trails, and other similar open space exclusive of streets, roads and parking area.

2.02.01.119

Outdoor sales display. An outdoor arrangement of objects, items, products, or other materials, typically not in affixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product or service. Items are available for display to the public and are not kept outside overnight.

2.02.01.120

Outdoor storage. The keeping of goods, materials, vehicles, products, equipment, containers or other such items and materials for a period greater than 24 hours in a location not enclosed by walls and a roof and are left outside overnight.

2.02.01.121

Package store/liquor store. 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.

2.02.01.122

Park. Any public or private land, with or without buildings, available for recreational, educational, cultural, or aesthetic use.

2.02.01.123

Parking area perimeter. For landscaping purposes, the exterior edge of a parking area measured along the curb/edge of pavement adjacent to the property line(s) that includes a parking bay, parking aisle, parking stall, driveway, or escape lane, excluding driveway openings that provide cross access to another lot or to a public or private street.

2.02.01.124

Parking space, off-street. An off-street parking space shall consist of a space, supportive of needs of adjacent facility or facilities, adequate for parking a standard size motor vehicle with room for opening doors on both sides. Such space shall also be surfaced with erosion-resistant material in accordance with Town specifications.

2.02.01.125

Parking structure. A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages, deck parking, and underground or under-building parking areas.

2.02.01.126

Party wall. A wall on an interior lot line, used or adapted for joint service between two buildings.

2.02.01.127

Patio. An open courtyard used for either passive recreation or relaxation, located within the house or immediately adjoining the house.

2.02.01.128

Patio home. Single-family attached/detached; this style may be one- or two-story with windows facing protected enclosed spaces, the court or enclosed patio provides additional living space in complete privacy. Front and rear yard setbacks give the opportunity for additional fenced or walled private patio.

2.02.01.129

Pawn shop. An establishment engaged in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be released or repurchased by the seller for a fixed price within a fixed period of time. This definition includes businesses that purchase gold, jewelry and precious metals.

2.02.01.130

Permitted use. Any use that may be lawfully established in a particular zoning district provided it conforms with all the requirements applicable to that zoning district.

2.02.01.131

Pet, household. Any domestic live creature normally owned or kept as a pet including cats, dogs, rabbits, reptiles, various small animals (such as hamsters and white mice), hens and birds, but excluding livestock and any breed of animals such as, but not limited to, horses, cattle, swine, sheep, goats, roosters, geese and ducks; outdoor pens, cages, yards, etc., shall not exceed accommodations for more than a total of five pets.

2.02.01.132

Pet hotel. Any facility, other than a veterinarian office, that provides boarding for domesticated pets such as dogs and cats on an hourly or daily basis within an enclosed building. Outdoor runs and pools are acceptable accessory uses with such facilities.

2.02.01.133

Pet store. A retail sales establishment primarily involved in the sale of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals. Accessory uses may include grooming and retail sales of related merchandise.

2.02.01.134

Planned unit development (PUD). An area of land, controlled by a landowner, to be developed as a single entity for a number of specified uses, the plan for which does not correspond in lot size, bulk or type or dwelling or commercial use, density, lot coverage and required open space to the regulations established in any one or more districts created in the Town of Orange Park Zoning Ordinance.

2.02.01.135

Plat. A map representing a tract of land showing the boundaries and location of individual properties and streets recorded in the plat book of Clay County, Florida.

2.02.01.136

Porch, enclosed and open. An enclosed porch is a roofed space attached to the outside of the outer wall of the building, open on one or more sides, which has railings or screened enclosures. An open or unenclosed porch is a roofed space attached to an outer wall of a building open on one or more sides without railing, glass, canvas, screen or similar materials on the open sides.

2.02.01.137

Portable storage container is any storage unit, or other structure capable of movement from one site to another whose purpose is the temporary storage of tangible property and not for occupancy by persons. These containers may be located only within any residential zoning district outside an enclosed building other than an accessory building or shed.

2.02.01.138

Prohibited use. A use that is either not listed among a zoning district's permitted or conditional uses which shall not be allowed within the Town of Orange Park.

2.02.01.139

Licensed pari-mutuel. Indoor or outdoor facilities operated by a licensed pari-mutuel permit holder.

2.02.01.140

Recreation and entertainment center. A place designed and equipped for the conduct of sports, exercise, dance, gymnastics and/or leisure time activities.

2.02.01.141

Recreational vehicle. 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 includes, but is not limited to:

(a)

Camping trailer. A canvas, folding structure, mounted on wheels and designed for travel, recreation and vacation uses.

(b)

Motorized home. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

(c)

Pickup coach. A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.

(d)

Self-contained travel trailer. One which may operate independently of connections to electricity, water and sewers for a period of from one to seven days. Such a travel trailer has its own battery and/or LP gas to operate lights, refrigerator, stove, and heater; a large water tank with pressure systems; and a holding tank with a toilet.

(e)

Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "travel trailer," by the manufacturer on the trailer and, when factory equipped for the road, having a body width not exceeding eight feet, and being of any length provided its gross weight does not exceed 10,000 pounds, or being of any weight provided its body length does not exceed 45 feet.

2.02.01.142

Religious assembly. Facilities used primarily for non-profit purposes by a recognized and legally established sect to provide assembly and meeting areas for religious activities. Accessory uses include, but are not limited to, parking, caretaker's housing, buildings accessory to a religious function, recreational facility, pastor's housing, and group living facilities such as convents. Examples of religious sects include, but are not limited to, churches, temples, synagogues and mosques.

2.02.01.143

Restaurant, cafeteria. An establishment where food is ordered, prepared and served for pay for consumption on the premises in a completely enclosed room, under the roof of the main structure, or in an anterior court. A restaurant may have an outdoor seating area for the purpose of serving food to customers seated outside at tables and chairs, whether under the main roof or not. Sale and service of alcoholic beverages for on-site consumption are an allowed accessory use.

2.02.01.144

Replatting. The combining or resubdivision of any part or all of any lot, lots, or blocks of a previously platted subdivision, lot or tract.

2.02.01.145

Retail, personal services. Uses providing individual services related to personal needs directly to customers at the site of the business, or that receives goods from or returns goods to the customer that have been treated or processed at that location or another location. This use shall not include vehicles and equipment uses or adult (sexually) oriented uses. No outdoor display or storage is permitted unless specifically authorized by this article. Accessory uses may include, but are not limited to, offices, storage of goods, and assembly, repackaging, or repair of goods for on-site sale.

2.02.01.146

Satellite dish. A round or oblong parabolic antenna designed to receive transmission signals from earth-orbiting satellites.

2.02.01.147

Setback. The minimum distance by which buildings, structures, parking, or uses on a lot shall be separated from a street right-of-way or lot line. Setbacks from private streets are measured from the edge of the easement.

2.02.01.148

Shopping center or urban center. 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 on the site upon which they are built.

2.02.01.149

Sign. Any outdoor advertising display, billboard, poster, panel, bulletin or placard, and all printed, painted, lettered, illuminated or figured devices or structures used for outdoor advertising, informational or attention-catching purposes, whether unattached, attached to or painted on any building, window or structure, or vehicle not painted on the standard body, or to the ground by post, footing or other contrivance. Signs consisting of a group of detached letters, or two or more panels on the same support presented as a single advertisement, shall be considered as one sign.

2.02.01.150

Soundproofed. Soundproofed means sound baffled sufficiently to render all noise within the structure inaudible from adjoining properties and public rights-of-way.

2.02.01.151

Structure. Anything which is built or constructed in or upon the ground, an edifice of any kind, or any 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."

2.02.01.152

Swimming pool. A structure of concrete, masonry or other approved material and finish, located either indoors or outdoors, used or designed to be used for bathing or swimming purposes, having a water holding capacity of more than two feet deep, and filled with a controlled water supply, together with buildings, appurtenances and equipment used in connection therewith.

2.02.01.153

Theater. A building or part of a building devoted to the showing of motion pictures or live performances.

2.02.01.154

Thrift store, consignment shop. A profit or nonprofit business or organization that engages in or specializes in the sale or resale of previously owned or used goods and merchandise displayed and stored in an enclosed building.

2.02.01.155

Tourist home. A building, or part thereof, other than a motel or hotel, where sleeping accommodations only are provided for transient guests with daily charge, without service of meals, and which also serves as the residence of the operator or owner.

2.02.01.156

Tower site. Tower site means a parcel of land smaller than the minimum lot size required in the zoning district completely contained within a lot meeting the requirements of the zoning district for the purposes of locating a communication tower, exclusive of any accessory building or structure, tower support or peripheral anchors.

2.02.01.157

Townhouse. A single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls, or are located immediately adjacent thereto with no visible separation between walls or roof.

2.02.01.158

Transit station. A passenger terminal or loading facilities for a privately or publicly-owned transit system, including a private shuttle service.

2.02.01.159

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

2.02.01.160

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

2.02.01.161

Use of land. Includes use of land, water, water surface, and land under water to the extent covered by zoning districts, and over which the Town of Orange Park has jurisdiction.

2.02.01.162

Use, nonconforming. Land or water or a structure thereon or therein, arranged or intended to be occupied or utilized or for which it is occupied or maintained that does not conform with the regulations of the district in which it is situated.

2.02.01.163

Used car facility. Facility used for the storage and sale of used automobiles and where the only reconditioning conducted on the premises may be the cleaning, washing, and polishing of the cars on the premises.

2.02.01.164

Variance. A variance is a relaxation of the terms of the zoning ordinance 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 actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area and size of structure, size of lot and 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.

2.02.01.165

Vehicular use area. Any paved area designed for vehicular use.

2.02.01.166

Veterinary clinic, animal hospital. An establishment for the care and treatment of small animals, including household pets. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding (less than 60 days) and shall be incidental to such hospital use.

2.02.01.167

Visual barrier. Any man-made or natural structure including but not limited to a fence, wall, bush, tree or other item which prevents or restricts visual access, passage, interchange or freedom of movement.

2.02.01.168

Wholesale distribution center. A permanent facility for the storage of products, supplies, and equipment offered for wholesale distribution (not for direct sale to the general public).

2.02.01.169

Yard. A required open space other than a court unoccupied and unobstructed by any structures or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. An accompanying diagram (available for public inspection at the office of the town clerk) indicates a variety of lot types, and indicates which are front, side and rear yards.

2.02.01.170

Yard, front. A yard extending between side lot lines across the front of a lot adjoining a public or private street. 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. 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 planning and zoning board shall consider a request for a variance to waive the requirement for the normal front yard and substitute, therefore, a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

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.

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 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 such rounding. Front and rear yard lines shall be parallel.

Where lots in residential districts comprising 40 percent or more of the frontage on one side of a street in any one block 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. This provision applies in all residential districts.

2.02.01.171

Yard, waterfront. In the case of a lot where any of its boundary lines abut or are contiguous to any body of water, natural or artificial, not including a swimming pool, the front yard shall be measured from the portion of said lot which borders the water, regardless of how any structure is situated on the lot.

2.02.01.172

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

Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

2.02.01.173

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

2.02.01.174

Zero lot line. The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.

(Ord. No. 16-16, § 1(Exh. A), 10-18-2016; Ord. No. 12-19, § 1, 8-6-2019; Ord. No. 15-19, § 1, 10-15-2019; Ord. No. 16-20, § 1(Exh. A), 10-20-2020; Ord. No. 18-20, § 1, 11-4-2020; Ord. No. 12-21, § 1, 7-20-2021; Ord. No. 02-23, § 1, 1-10-2023)