This chapter shall be known and cited as the City of St. Augustine Zoning Ordinance. This chapter supersedes any or all existing prior zoning ordinances of the incorporated area of the city.

(Code 1964, § 33-1)

For the purpose of this chapter, 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 word "used" or "occupied" includes the words "intended, designed or arranged to be used or occupied." The word "lot" includes the word "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 word "marsh," "water" or "swamp." The word "map" shall mean the "Zoning Maps of the City of St. Augustine, Florida" and the "city" shall mean the City of St. Augustine, Florida, a corporation of the State of Florida.

Abutting means having a common border with or being separate from such common border by an alley or easement.

Access means a means of approach or entry to or exit from property.

Accessory apartment means a dwelling unit, less than eight hundred (800) square feet or twenty-five (25) percent of the primary dwelling unit, whichever is less, contained in an owner-occupied building or premises comprising three (3) or less dwelling units, including garage apartments and single-family type buildings used as apartments and sharing a common entrance.

Acre means forty-three thousand five hundred sixty (43,560) square feet.

Addition means an extension or increase in floor area or height of a building or structure.

Adjacent means being separate from a common border by a road, street or natural feature but otherwise visually and/or physically connected, or in the case of adjacent property owners within a required distance, properties within or partially within that area as measured from all property lines of the subject premises.

Adult day care center means a center that provides basic services to three (3) or more adults on a nonresident basis.

Agricultural market means any fixed or mobile retail food establishment which is engaged primarily in the sale of raw agricultural products, but may include as accessory to the principal use, the sale of factory-sealed or prepackaged food products that normally do not require refrigeration. See "Flea market."

Aircraft means any machine supported for flight in the air by buoyancy or by the dynamic action of air on its surfaces and piloted from within the aircraft, including airplanes, seaplanes, helicopters, gyroplanes, gyrocopters, gliders, and hot air balloons.

Aisle means the travelled way by which cars enter and depart parking spaces.

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

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

Amenity means a natural, historic or manmade feature which enhances or makes more attractive or satisfying a particular property.

Amusement park means an outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows and entertainment.

Antique shops means retail stores primarily devoted to the sale of furniture and other objects of special value because of their age; especially works of art or handicraft that are over one hundred (100) years old.

Appeal means a means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of article II, division 2 and article II, division 3.

Archaeological preservation ordinance refers to chapter 6 of the St. Augustine Code of Ordinances which identifies archaeological zones that require archaeological review when the threshold of ground disturbance activity is met or exceeded with development and utility permits.

Architectural feature includes but is not limited to the following: architectural style, scale, massing, siting, general design, and general arrangement of the exterior of the building or structure; type and texture of exterior materials; size, type, placement, and patterns of roof(s), windows, doors, and all attached appurtenances including porches, stairs and stoop features, dormers, additions, trim details, balconies and railings or other decorative attachments.

Architectural feature limited review consists of the architectural review of limited physical elements of a regulated structure to be replaced after partial demolition. This limited review will focus on the overall character of the key elements of the structure visible from the street. Key elements that will be reviewed will be roofs (shape, size, placement), exterior windows and doors (number and placement of openings, shape and pattern of panes or lites, and design features visible from outside the regulated structure such as the exterior muntin with a raised profile), porches, stoops, and balconies (shape, size, placement), exterior siding (vertical, horizontal, or diagonal placement of similar sized boards, siding profile and pattern). The review is for exterior elements and may include the interior works or features of architectural elements. Applications that match the replacements after a partial demolition to these existing key architectural elements or use in-kind features or materials as existing will be deemed in compliance with this limited architectural review and can be approved administratively. Applicants who do not want to use in-kind features or materials as existing nor match the replacements to these key architectural elements after partial demolition will be heard at a public hearing before the HARB or other designated reviewing agency. This category of limited review does not apply to properties in the historic preservation districts of the city. The criteria applied for either HARB or administrative review will be as described in section 28-89(3). See Regulated structure.

Architecturally similar means having substantially the same façade design or exterior appearance using like characteristics in terms of height, mass, scale, footprint, arrangement of openings, pattern.

Attic means that part of a building which is immediately below and wholly or partly within the roof building.

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

Automobile means motor vehicle as defined in F.S. § 322.01.

Automobile service or filling station. See "Service station."

Automobile wrecking or storage yard means 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.

Bar, cocktail lounge, saloon or tavern means any establishment in the business of retailing and on-premises drinking of malt, vinous or other alcoholic beverages, or any place, regardless of its underlying state licensing or marketing nomenclature where alcoholic beverages are obtainable for sale and consumption on the premises, except for temporary alcohol permit locations, permitted special event venues, government and military services or events, or a restaurant where alcohol is sold and consumed on-premises; provided, however, that there shall be excluded from such definition any such establishment which suffers or permits:

(1)

Any female person, while on the premises of such establishment, to exposure to the public view that area of the human female breast at or below the areola thereof;

(2)

Any female person, while on the premises of such establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in subsection (1) above;

(3)

Any person, while on the premises of such establishment, to expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage; and provide further that such establishments shall hereinafter be referred to as "special cabarets."

Base flood elevation means the highest elevation, expressed in feet above sea level, of the level of floodwaters occurring in the regulatory base flood.

Base map means a map having sufficient points of reference, such as state, county or municipal boundary lines, streets, easements, and other selected physical features to allow the plotting of other data.

Beach (coastal) means the strip of land mapped as beach by the United States Department of Agriculture Soil Conservation Service.

Bed and breakfast inn means a building or part thereof at least fifty (50) years old or older, other than a hotel, motel or inn, where sleeping accommodations and meals are provided for lodgers by daily charge and which also serves as the residence of the operator or owner. All establishments using the title "bed and breakfast" in their name, on signs or in advertisements must be in a structure restored and maintained according to established city architectural guidelines, must be furnished with period antiques or reproductions and maintain an historic ambiance.

Bedroom means a room marketed, designed or otherwise likely to function primarily for sleeping.

Boardinghouse. See "roominghouse."

Boat rack-dry storage facility means a framework designed and used to store a multitude of boats out of the water for extended periods of time, generally featuring the stacking of boats in multiple levels of the framework.

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

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

Bufferyard means a unit of land, together with a specific type and amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them.

Buildable area means the 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 percentage of the lot which may be covered by buildings may require open space within the buildable area.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building, accessory, means a building which:

(1)

Is subordinate to and serves a principal structure or a principal use.

(2)

Is subordinate in area, extent, and purpose to the principal structure or use served.

(3)

Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this ordinance.

(4)

Is customarily incidental to the principal structure or use.

Any portion of a principal structure devoted or intended to be devoted to an accessory use is not an accessory structure.

Building front means that exterior wall of a building which faces a front lot line of the lot.

Building line means a line on a lot, generally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this chapter. The building line delimits the area in which buildings are permitted subject to all applicable provisions of this chapter.

Building, main, means a building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

Caliper means a measurement of the size of a tree equal to the diameter of its trunk measured six (6) inches above natural grade.

Caretaker's residence means a dwelling unit which is used exclusively by either the owner, manager or operator of a principal permitted use and which is located on the same parcel as the principal use.

Carport means 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 (2) 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.

Cartway means the paved portion of a road or street.

Catered event means an event where a food truck is used as the sole source of food supply.

Change of use means any use which substantially differs from the previous use of a building or land.

Child care center means a private establishment enrolling six (6) or more children between two (2) and five (5) years of age and where tuition, fees or other forms of compensation for the care of the children is charged, and which is licensed or approved by the state to operate as a child care center.

Child care home means a private home where nonresident child care is provided for five (5) or less preschool children, including resident children. Elementary school siblings of those receiving child care may be cared for outside of school hours provided that the total number of children shall not exceed ten (10).

Church means a building or structure in which the sole design and use is for religious worship and the religious program of such church.

Clinic, medical or dental, means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) 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.

Club, night, means a restaurant or dining room serving alcoholic beverages wherein paid floor shows or other forms of paid entertainment are provided for customers as a part of the commercial enterprise.

Club, private, means an association or organization for a fraternal or social character, not operated or maintained for profit. The term "private club" shall not include casinos, nightclubs, bottle clubs or other establishments operated or maintained for profit.

College or university, means an educational use, public or private, that provides training beyond and in addition to that training received in the 12 ^th grade (i.e., undergraduate and graduate), and which has students regularly attending classes, and which confers an associate, bachelor, master, and/or doctoral degree(s). This term may include other accessory uses such as book store, library, athletic facilities and cafeteria.

Commissary means an approved facility that provides support services for specific required functions of a mobile food vendor. Any food establishment permitted or licensed by a regulatory agency, such as a catering operation, restaurant, grocery store, or similar establishment, or any other approved facility where food, containers, or supplies are kept, handled, prepared, packaged, or stored can be considered for approval as a commissary. A private residence may not be used as a commissary, consistent with section 61C-1.001, Florida Administrative Code, as amended.

Communication use means establishments furnishing point-to-point communication services whether by wire or radio, either aurally or visually, including radio and television broadcasting and the exchange or recording of messages.

Completely enclosed building means a building separated on all sides from other buildings or other 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 St. Augustine Comprehensive Plan, including all adopted amendments, meeting the requirements of F.S. ch. 163, known as the Local Government Community Planning Act, which has been reviewed by the local comprehensive planning agency and adopted by ordinance by the city commission.

Comprehensive plan amendment means a change, amendment, supplement or revision to the adopted comprehensive plan of the city.

Comprehensive plan amendment, large scale means any amendment to the adopted land use map of the comprehensive plan not considered a small scale comprehensive plan amendment or other types of amendments defined in F.S. ch. 163 not considered a small scale comprehensive plan amendment.

Comprehensive plan amendment, small scale means an amendment as defined in F.S. ch. 163.

Conditional use means a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified.

Conditional use permit means a permit stating that the conditional use meets all conditions set forth in local ordinances.

Condominium means a building or group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional undivided basis.

Conference center means a facility used for business or professional conferences and seminars, often with accommodations for sleeping, eating and recreation.

Congregate housing means a group dwelling providing shelter and services which may include meals, housekeeping, and personal care assistance.

Conservation zone development means any construction or related activity which requires a permit from a city department, and/or any use permitted by exception, physically located or taking place within a conservation zone.

Conservation Zone 1 comprises the most environmentally sensitive and valuable natural resources within the city. It includes all beaches, shores and dunes up to the state's coastal construction control line (F.S. ch. 161), all wetlands within the state's wetlands jurisdiction line (F.S. ch. 403), and all habitat areas for species recognized as endangered, threatened, of special concern, or unique by federal, state and local agencies. This zone includes the estuarine/riverine environments created by the San Sebastian and Matanzas Rivers and their tributaries.

Conservation Zone 2 is the transition zone or buffer area between Zone 1 and Zone 3. The primary purpose of Zone 2 is to protect the functional integrity of Zone 1 and to protect Zone 3 from extreme high water conditions.

Conservation Zone 3 is comprised of uplands and urban/residential areas which are inland from Zones 1 and 2, and which require special environmental consideration. Zone 3 is comprised of those undeveloped areas considered to be special flood hazard areas and significant tree canopy areas. Special flood hazard areas have been previously defined in the natural resources section of this element. Significant tree canopy areas are defined as clusters of trees which form at least twenty (20) percent cover and include a variety of hardwood and softwood species.

Contributing property is a building, site, structure or object which adds to the historical architectural qualities, historic associations or archaeological values for which a district is significant because: (a) it was present during the period of significance of the district and possesses historic integrity reflecting its character at that time; (b) is capable of yielding important information about the period; (c) it independently meets the National Register of Historic Places criteria for evaluation; or (d) have yielded or may be likely to yield information important in history or prehistory.

Court, height of, or yard, height of, means the vertical distance from the lowest level of such court or yard to the highest point of any building wall.

Court, inner, means an open unoccupied space surrounded on all sides by walls and a lot line.

Court, length of, means the mean horizontal distance between the open and closed ends of the court.

Court, outer, means an open unoccupied space on the same lot with a building extending to and opening upon a street, alley or yard.

Craft alcohol industry means any establishment in the business of brewing or distilling malt, vinous or other alcoholic beverages on-site, regardless of its underlying state licensing or marketing nomenclature where the manufacturing and production for sale of alcohol for human consumption takes place on-site, such as but not limited to, craft brewery, craft distillery, winery or wine production, cidery or cider production, and micro-sized similar establishments. If a craft alcohol industry establishment sells alcoholic beverages for consumption on the premises, the establishment must also be zoned for, and comply with, the regulations of a bar, cocktail lounge, saloon or tavern as defined in this code, unless otherwise exempt.

Day nurseries and kindergartens means any service which during all or part of the day regularly gives care to six (6) or more children, not of common parentage, who are under six (6) 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, kindergarten, play school, progressive school or by any other name. 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.

Dedication means the transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee simple interest or of a less than fee simple interest, including an easement.

Demolition means the act or process of demolishing; to tear down, destroy, raze or remove all or a significant portion of a building or structure, and including partial demolition.

Design compatibility refers to new construction or alterations to a historic building or setting that preserves significant materials, features and form, and preserves the building's historic character. For alteration to a historic building, repairs using historic materials is preferred; however, there are circumstances where compatible substitute materials that imitate historic materials and follow the same look and pattern may be used if the appearance and properties of the historic materials can be matched closely and no damage to the remaining historic fabric will result.

Developable land means all of a parcel of land except lands lying within proposed public rights-of-way; marshlands, swamps, floodplains or other environmentally sensitive lands where local, state or federal regulations otherwise prohibit development; and bodies of water such as ponds, lakes and reservoirs, either natural or manmade.

Development means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land or any clearing, grading, or other movement of land, for which permission may be required pursuant to this chapter.

Dormitory means a building used as a group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use other than a small or large group home, rooming house, bed and breakfast, tourist home, or the like, hotel, motel, or inn.

Drainage means the removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation or prevention or alleviation of flooding.

Drive-in restaurant or refreshment stand means any place or premises where provision is made on the premises for the selling, dispensing or serving of food, refreshments or beverages in automobiles 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. A barbecue stand or pit having the characteristics noted in this definition shall be deemed a drive-in restaurant.

Drive-in use means an establishment which by design, physical facilities, services, or by packaging procedures, encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

Dry storage of pleasure watercraft means a commercial facility for removing from the water watercraft used for recreation and pleasure purposes and storing such craft on land or above land or water on boat lifts.

Dwelling means any building, or part thereof, occupied in whole or in part as the residence or living quarters of one (1) or more persons, permanently or temporarily, continuously or transiently, but not including dormitories, hostels, hotels, motels or inns, bed and breakfast inns, rooming house, tourist homes or residential care centers and the like.

Dwelling, multiple-family or multifamily or multiple unit, means a duplex or a building or portion thereof designed for occupancy by three (3) or more families living independently in which they may or may not share common entrances and/or other spaces.

Dwelling, one-family or single-family, means a detached building containing only one (1) dwelling unit with a kitchen and sleeping facilities and designed for occupancy by one (1) family. 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.

Dwelling, two-family or duplex, means a building designed or arranged to be occupied by two (2) families living independently, the structure having only two (2) dwelling units.

Dwelling unit means a building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one (1) family. A mobile home is not to be considered as a permanent single-family dwelling.

Easement means a grant of one (1) or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Employees or number of employees means the greatest number of persons to be employed in the building in question during any season of the year, and any time of the day or night.

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 and the like shall be considered part of erection.

Erosion means the detachment and movement of soil or rock fragments by water, wind, ice and/or gravity.

Essential services means public utility facilities either underground or overhead and related to the transmission or distribution system of water; sanitary or storm sewage; telephone; gas; electricity; solid waste disposal; cable or community television and public safety, including poles, wires, mains, hydrants, drains, pipes, conduit, police or fire call boxes, traffic signals and other similar equipment necessary for the furnishing of adequate services but not including buildings.

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 would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as exceptions, if specific provision for such exception is made in the district regulations of this chapter.

Exceptional significance means buildings or structures that are National or Local Landmarks, listed individually on the National Register of Historic Places, original Colonial buildings and other buildings and structures that meet the criteria for the National Register of Historic Places or Local Landmarks.

Exterior storage means outdoor storage of fuel, raw materials, products and equipment. In the case of lumberyards, exterior storage includes all impervious materials stored outdoors. In the case of truck terminals, exterior storage includes all trucks, truck beds and truck trailers stored outdoors. In the case of boatyards or marinas, exterior storage includes all boats, machinery, equipment and materials stored outdoors or not in a completely enclosed building or structure.

Façade includes the face of a building and is most commonly referred to as a street façade and/or visible façade.

Family means one (1) or more persons related by blood, marriage, adoption, guardianship or similar relationship, or a group not to exceed three (3) unrelated persons living together as a single housekeeping unit.

Fence means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Filling means the depositing on land, whether submerged or not, of sand, gravel, earth or other materials of any composition whatsoever.

Flammable liquids means liquids having a flashpoint below two hundred (200) degrees Fahrenheit, closed cup tester. Class 1 flammable liquids (e.g., gasoline) have a flashpoint below twenty-five (25) degrees Fahrenheit. Class 2 flammable liquids (e.g., alcohol) have a flashpoint of from twenty-five (25) to sixty-nine plus (69+) degrees Fahrenheit.

Flea market means an occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

Floodplain means either riverine or inland depressional areas. Riverine floodplains are those areas contiguous with a lake, stream, or stream bed whose elevation is greater than the normal waterpool elevation but equal to or lower than the projected one-hundred-year flood elevation. Inland depressional floodplains are floodplains not associated with a stream system but which are low points to which surrounding lands drain.

Floor area, except as may be otherwise specifically indicated in relation to particular districts and uses, means 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 (2) buildings, excluding attic areas with a headroom of less than seven (7) 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 forty-eight (48) inches above the general finished and graded level of the adjacent portion of the lot.

Food processing establishment means a commercial establishment in which food is processed or otherwise prepared for human consumption but not consumed on the premises.

Garage, parking, means a building or portion thereof designed or used for temporary parking of motor vehicles, and within which gasoline and oils may be sold only to parking patrons of the garage.

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.

Garage, private customer and employee, means a structure which is accessory to a nonretail commercial or manufacturing establishment, building or use and is primarily for the parking and storage of vehicles operated by the customers, visitors and employees of such building, and which is not available to the general public.

Garage, repair, means a building or portion thereof, other than a private storage or parking garage or service station, designed or used for repairing, equipping or servicing of motor vehicles. Such garages may also be used for hiring, renting, storage or selling of motor vehicles.

Garage, storage, means a building or portion thereof designed and used exclusively for the storage of motor vehicles, and within which temporary parking may also be permitted.

Garden center means a place of business where retail and wholesale products and produce are sold to the retail consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold. These items may include plants, nursery products and stock, fertilizers, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels and other garden and farm tools and utensils.

Greenhouse means an enclosed building, permanent or portable, which is used for the growing of small plants.

Group care facility means a facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household. See also "congregate housing."

Group dwelling means the residence of a group of six (6) or more persons, not related by blood, marriage, adoption or guardianship and living together as a single housekeeping unit.

Group facility, community-based, means a resident facility that provides housing and personal services, such as the following: spouse abuse center, intermediate care facility for the mentally retarded, mental health treatment facility and detoxification treatment center.

Group family household means a group of individuals not related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

Group home-level I means a facility licensed by the department of health and rehabilitative services. It provides supervision and care necessary to meet physical, emotional and social life needs of clients. It may or may not provide education and training. This facility shall have a maximum capacity of no more than eight (8) residents.

Group home-level II means the same as Group home-level I, but shall have a maximum capacity of no more than twelve (12) residents.

Group home-level III means the same as Group home-level I, but shall have a maximum capacity of no more than twenty (20) residents.

Group home-residential facility means the same as Group home-level I, but has a capacity of twenty-one (21) or more residents.

Guest house means an attached or detached structure intended to be used by a guest for sleeping and sanitation purposes but not for cooking. A guest house is not a dwelling unit and is a maximum of five hundred (500) total square feet of gross floor area.

Habitable room means any room in a dwelling unit other than a kitchen, bathroom, closet, pantry, hallway, cellar, storage space, garage and basement recreation room.

Height, building, means the vertical distance measured from the mandatory freeboard requirement of one (1) foot above the base flood elevation as determined by the Federal Emergency Management Agency to the top of the highest point of the roof or parapet, exclusive of chimneys or other building accessories or ornamental features, for buildings constructed within known flood zones and delineated on the Federal Emergency Management Agency Insurance Rate Map; provided, however, that in instances of buildings outside of such known flood zones, vertical distance shall be measured from the average contact ground level at the front wall of the building.

Historic character refers to all visual aspects and physical features that comprise the appearance of historic properties and extends to the setting of historic properties to include a building's relationship to the environment and adjacent streets and buildings, landscape plantings, views, and the presence of accessory features.

Historic integrity is the authenticity of a property's identity, evidenced by the survival of physical characteristics that existed during the property's historic period including evaluation of any changes that may have occurred through time which could contribute to the building's later-acquired historic character and significance. An overall sense of past time and place are evident in the composite of seven qualities: location, design, setting, materials, workmanship, feeling and association.

Historic period is the primary timeline for which the historic building derived its historic association with an event, person, place, pattern of development or other context.

Historic structure as defined for demolition and partial demolition purposesis a structure that is fifty (50) years old or older, or in a locally established historic preservation district, or individually listed as historic locally or nationally, or a contributing property in a designated National Register District, or a potentially contributing property surveyed, but not recognized or not in a designated National Register District. But see "Regulated structure."

Home-based business means a business that operates, in whole or in part, from a residential property and meeting all the criteria as established in F.S. § 559.955, as may be amended.

Home for the aged means a facility for the care of the aged with routine nursing or medical care provided.

Home occupation means a home-based business as that term is defined in F.S. § 559.955.

Home office, private, means a home-based business as that term is defined in F.S. § 559.955.

Hospital means a building or group of buildings having facilities for overnight care of one (1) or more human patients, providing services to inpatients and medical care to the sick and injured, and which may include as related facilities laboratories, outpatient services, training facilities, central service facilities, i.e. food service facilities, rentals and retail sales, 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 shall be included within this definition. A hospital is an institutional use under this chapter.

Hostel(s) provide budget-oriented, communal accommodation where guests can rent a bed, usually a bunk bed, in a residential type structure and share a bathroom, lounge, and sometimes a kitchen. Rooms can be mixed or single-sex, although private rooms may also be available. Additionally, this definition limits a hostel to not more than twenty (20) unrelated persons, and containing less than ten (10) sleeping rooms. Hostels are generally cheaper for both the operator and the occupants; many hostels have long-term residents whom they employ as desk clerks or housekeeping staff in exchange for free accommodation.

Hotel, motel, inn, motor lodge or tourist court means 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 generally for periods of a week or longer and occupancy is generally by residents rather than transients.

Household pet means any domestic animal normally owned or kept as a pet, including cats, dogs, rabbits and other animals deemed by the building inspector to be appropriate as domestic pets. Poultry, hoofed animals of any type, predatory animals, or any animals which are normally raised to provide food for people shall not be considered to be household pets.

Housing for the cognitively impaired means a facility providing housing for individuals who may be cognitively impaired due to Alzheimer's Syndrome and similar mental frailties but who are ambulatory and not suffering from incapacitating physical disability, with such facilities providing treatment through social programs and warm and friendly surroundings and a home-like atmosphere.

Housing for the elderly means a facility licensed by the state department of health and rehabilitative services for the care of the elderly housed in an existing structure, with no provision for routine nursing or medical care. Where this chapter permits housing for the elderly, such housing shall be used only for this purpose; provided further that, except as to a husband and wife, no more than one (1) person shall be housed per bedroom.

Impervious surface means those surfaces which do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks, any areas of concrete or asphalt and other surfaces not pervious to water. Including any hard surface that prevents or restricts the flow of water into the soil, including pools.

Impervious surface, on-lot, means the total amount of impervious surface which is present on a lot as opposed to lot coverage limitations which are related to roofed area only.

Impervious surface ratio means a measure of the intensity of land use which is determined by dividing the total area of all impervious surfaces on a site by that portion of the lot landward of the mean high-water line (MHWL).

Information or guide service station means a building suitably located with reference to the stream of traffic and used for the distribution of information and of other appropriate aids to tourists and for the concentration of licensed guides.

In-kind features or materials means using architecturally similar material and design to convey the visual appearance of the remaining parts of the feature and finish.

Intermediate care facility means a facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other home for sheltered care, and bioanalytical laboratory or central services facility serving one (1) or more such institutions but excluding institutions that provide healing solely by prayer.

Junkyard means a 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, stored 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 or 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 incident to manufacturing activity. However, establishments for the sale, purchase or storage of secondhand refrigerators, stoves, plumbing fixtures and similar merchandise shall be considered a junkyard for the sole purpose of requiring that each establishment display their merchandise behind a visual barrier as required for junkyards by this chapter.

Kennel means any place or premises where four (4) or more dogs over four (4) months of age are kept for pay or for sale. This definition shall not apply to veterinarians, operating under license from the state, who board dogs.

Legally available marijuana shall mean any form or variant or species of the cannabis plant including but not limited to cannabis sativa L., C. ruderalis, C. indica and its constituent cannabinoids, such as tetrahydrocannabinol (THC) and cannabidiol (CBD) commonly referred to as marijuana, that is currently legal to possess, or may become legal to possess in the State of Florida, whether such possession is direct or indirect. A person or entity who is in possession of legally available marijuana in this context includes any person or entity who legally possesses any form of marijuana, including but not limited to, patients prescribed marijuana for medical treatment and their caregivers, anyone legally cultivating the marijuana plant or its seeds, anyone legally manufacturing, producing, processing or creating any goods or foods utilizing any part of the marijuana plant including buds, leaves, roots or seeds, or making available for legal sale, trade, gift, display, storage, delivery or on-site commercial consumption any part of the marijuana plant including buds, leaves or seeds in any processed or unprocessed form. Cannabis sativa L. subsp. sativa var. sativa is the variety of cannabis sativa with THC levels below 0.5% grown for non-consumable industrial uses such as hemp cloth products and hempcrete concrete building blocks, and is not intended to be included in this definition.

Loading space, off-street, means 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 twelve (12) by twenty-five (25) feet excluding paved area necessary for access and maneuvering. Such space shall also be paved with erosion resistant material in accordance with city specifications. (See section 28-370.)

Lot means 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 ("non-conforming lots of record"), at the effective date of this chapter (April 29, 1975), or any amendment to the zoning atlas of the city increasing the dimensional requirements of lots within the zoning district in which the lots are located, are exempted from certain of its provisions under the terms of this chapter (see section 28-119). Such lot shall have frontage on a public or private street and may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record; or 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. As of the effective date of this article, any two or more nonconforming lots of record located in single-family residential districts RS-1 and RS-2 on which a residential or commercial structure exists, excluding accessory structures as defined by section 28-348 of this Code, are considered combined and may not thereafter be divided into nonconforming lots by the removal or destruction of the structure or any portion thereof by any means whatsoever. Such lots, however, may be replatted so long as the replatted lots conform to the requirements of this chapter.

Lot area means the area contained within the boundary lines of a lot, excluding any area that is not reasonably compact, such as serpentine finger areas, etc.

Lot coverage means that portion of the lot, excluding open water bodies determined using the mean high water line, that is covered by buildings and structures, measured from the face of the vertical wall of the building or structure, not including roof overhang, but including awnings, carports, or other unenclosed structures.

Lot frontage means the front of an interior lot and shall be 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 chapter. (See "yard, front.")

Lot line means a line bounding a lot which divides one (1) lot from another or from a street or any other public or private space.

Lot line, rear, means that lot line which is parallel to and most distant from the front lot line of the lot; in the case of an irregular, triangular, or gore-shaped lot, a line twenty (20) feet in length, entirely within the lot, parallel to and at the maximum possible distance from, the front line shall be considered to be the rear lot line. In the case of lots which have frontage on more than one (1) road or street, the rear lot line shall be opposite the lot line along which the lot takes access to a street.

Lot line, side, means any lot line other than a front or rear lot line.

Lot line, street, means in the case of a lot abutting only one (1) street, the street line separating such lot from such street; in the case of a double frontage lot, each street line separating such lot from a street shall be considered to be the front lot line, except where the rear yard requirement is greater than the front.

Lot measurements, depth, means 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.

Lot measurements, width, means width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard or at the building restriction line, whichever is located the greater distance from the street; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the eighty (80) percent requirements shall not apply.

Lot of record means a lot which is part of a subdivision recorded in the office of the clerk of the county circuit court or a lot or parcel described by metes and bounds, the description of which has been so recorded on or before the adoption of this chapter (April 28, 1975). A conforming lot of record is a lot which meets the requirements of this chapter, whereas a nonconforming lot of record does not.

Maintenance guarantee means a guarantee of facilities or work to insure the correction of any failures of any improvements required pursuant to this chapter and regulation, or to maintain same.

Major recreational equipment means any large motorized or nonmotorized vehicle used for recreational purposes, such as motor homes, trailers, campers and camper shells, boats and trailers, converted buses and trucks, dune buggies and sand rails, and trailers, cases or boxes on wheels used to transport and/or store equipment, as well as any vehicle required to carry an "RV" tag or not licensed for legal street use.

Marina means an establishment with a waterfront location for the refueling of watercraft, providing minor repair services for such craft, and providing storage of watercraft. A marina may include, as accessory uses, a restaurant, a snack bar, lounge, motel, boatel, launching facilities and other customary accessory facilities.

Master planned community means a comprehensively designed residential area that can encompass a pre-planned mix of homes, recreational, cultural, and commercial amenities, as well as, master planned infrastructure improvements including but not limited to potable water, sanitary sewer, stormwater, environmental protections, and roadways.

Material deficiency refers to the inability of the building material, or a majority of building materials that comprise a feature or structure, to serve its purpose and documented as beyond repair.

Micropigmentation clinic means an establishment which provides a form of permanent makeup in which minute, metabolically inert pigment granules are injected, below the epidermis.

Minimum floor elevation means the lowest elevation permissible for the construction, erection or other placement of any floor, including a basement floor.

Mini-warehouse means a personal storage building which is subdivided by permanent partitions into individual spaces, and each such space has an exterior independent entrance under the exclusive control of the tenant thereof. The tenant shall not use the individual space for any commercial or industrial purpose.

Mobile food dispensing vehicle (MFDV) means any vehicle that is a public food service establishment as defined in F.S. § 509.013(5)(a), as may be amended, and that is self-propelled or otherwise moveable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal, as defined in F.S. § 509.102, as may be amended. MFDVs are regulated by the Florida Department of Business and Professional Regulation.

Mobile food establishment means any mobile food vendor who sells prepackaged food and non-potentially hazardous food items, including coffee, tea, pastries, popcorn, candies and ice confections and are regulated by the Florida Department of Agriculture and Consumer Services (FDACS).

Mobile food truck court means a property used or developed to accommodate one or more mobile food dispensary vehicles as the primary use of the property while possibly accommodating areas on the property for entertainment or recreational opportunities. Food truck courts must have a valid certificate of occupancy in addition to all other applicable permits and inspections.

Mobile food vendor means any person or business selling food from a mobile food dispensing vehicle or mobile food establishment from which food items are sold separately from a catered event.

Mobile home means 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 kitchen facilities, with plumbing 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.

(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.

Mobile home park means a parcel of land set aside and rented by any person for the parking and accommodation of mobile homes which are to be occupied for sleeping or eating in exchange for a consideration or benefit to the owner of the mobile home park. This includes all land, buildings, structures or facilities used by occupants of mobile homes on such premises.

Mobile home subdivision means a parcel of land set aside where lots are sold to mobile home owners for the purpose of placing mobile homes thereon for living and sleeping purposes, including any land, building, structure or facilities used by occupants of mobile homes on such premises.

Mobility-oriented development or MOD shall mean a type of development or redevelopment in an area containing or directly contiguous to a mobility station and meeting the development criteria of this Code. MOD zoning is the companion zoning for the MOD future land use map designation.

Mobility station shall mean a location with either: (i) a transit station available to the public at large for general transportation needs, or (ii) a commuter rail station, and shall contain (iii) a publicly owned parking garage, publicly leased parking garage, or publicly available parking garage containing a minimum of 200 parking spaces available for daily public parking at rates no greater than charged by the City of St. Augustine at the Historic Downtown Parking Facility located at 1 Cordova Street.

Modular home means a detached dwelling unit that cannot be moved as a single unit and must be transported in sections on flatbed trailers. It has the appearance of a conventional home when erected. A modular home contains all the facilities usually associated with the conventional home, including but not limited to plumbing, electrical connections, flush toilets, tub or shower bath and kitchen facilities.

Motel. See "Hotel," etc.

Motor hotel or motor lodge. See "Hotel," etc.

Museum means a not-for-profit institution devoted to the procurement, conservation, care and display of art, artifacts and objects of lasting interest or value, along with associated programs for the education of the public, that relates to the history and culture of the city, the state and the nation, as well as to archaeology, anthropology, literature, music, crafts and the arts and sciences, that maintains regular hours, has a trained staff and meets the guidelines established by the American Association of Museums.

Museum, house, means a not-for-profit institution devoted to the restoration, conservation, care and recreation of an historic structure or structures, reflecting a significant historic era of the site and including appropriate furnishings, displays and associated programs for the education of the public; and that maintains regular hours; has a trained staff and meets the guidelines established by the American Association of Museums.

National Register of Historic Places is the list of historic properties significant in American history, architectural, archaeology, engineering and culture maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966, as amended. May be significant at the local, state, or federal level.

Neighborhood recreational facility means a facility designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities intended for use primarily by the residents of the neighborhood it serves.

Not-for-profit club means an association or organization of a fraternal or social character, not operated or maintained for profit.

Nursery means an enterprise which conducts the retail and wholesale sale of plants grown on the site, as well as accessory items (but not power equipment such as gas or electric lawnmowers and farm implements) directly related to their care and maintenance. The accessory items normally sold are clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes and shovels.

Nursery school. See "Day nurseries and kindergartens."

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 twenty-four (24) hours, maintenance, personal care or nursing for three (3) or more persons not related by blood or marriage to the operator, who by reason of illness or physical infirmity or advanced age are unable to care for themselves. This definition shall include homes offering services for less than three (3) persons when the homes are held out to the public to be establishments which regularly provide nursing and custodian services. Only those homes, buildings or places licensed under the laws of the state as nursing homes shall be included within this definition.

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

Office means a room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.

Office, business or professional, means an office for such operations as real estate agencies, advertising agencies (but not sign shop), insurance agencies, travel agencies and ticket sales, chamber of commerce, credit bureau (but not finance company), abstract and title insurance companies, management consultants, a stockbroker, and the like; or an office for the use of a person or persons generally classified as professionals such as architects, engineers, attorneys, accountants, doctors, lawyers, dentists, veterinarians (but not including treatment or boarding of animals on the premises), psychiatrists, psychologists and the like. For the purpose of this chapter, a barbershop or beauty shop or bail bond agency shall not be deemed a business or professional office.

Off-street parking space means a temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.

On-site means located on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole.

Open space means a parcel or parcels of land or an area of water, or a combination of land and water within a site, which may include common recreation area, woodland areas, parks, playgrounds, golf courses, tennis courts, skiing facilities, nature trails, lakes and swimming pools, camping facilities and other similar open space exclusive of streets, roads and parking area.

Open space, common, means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

Operator means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public food service establishment.

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

Parking area, private, means a parking area for the private use of the owners or occupants of the lot on which the parking area is located.

Parking area, public, means a parking area available to the public, with or without compensation, or used to accommodate clients, customers, or employees.

Parking facility means a structure or lot used for the storage of more than three (3) vehicles.

Parking space, compact, means a space at least eight (8) by eighteen (18) feet into which vehicles park, most commonly where spaces are assigned or turnover is minimal.

Parking space, off-street, means a space adequate for parking a standard-sized automobile with room for opening doors on both sides. Such space shall measure not less than nine and five-tenths (9.5) feet by nineteen (19) feet (180.5 square feet) excluding paved area necessary for access and maneuvering. Such space shall also be paved with erosion resistant material in accordance with city specifications.

Partial demolition means a partial demolition for purposes of proposed work on a historic structure or a regulated structure within the City of St. Augustine is considered the permanent removal of fifty (50) percent of the appraised value or more of historic, individual elements of the building envelope (roof, walls, porches, windows, foundations). It also includes the removal of these historic features regardless of the percentage of the appraised value when they are on visible the sides of the building (visible from the street). See Architectural feature limited review.

Patio means an open courtyard used for either passive recreation or relation, located within the house or immediately adjoining the house.

Pedestrian connectivity shall mean the ability of people to walk from place to place on sidewalks, multi-use paths, pervious paths, greenway system or other type of pedestrian walkway.

Performance guarantee means a financial guarantee to insure that all improvements, facilities, or work required by this chapter will be completed in compliance with the chapter, regulations, and the approved plans and specifications of a development.

Pervious surface means any material that permits full or partial absorption of stormwater into previously unimproved land.

Planned unit development means 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 of dwelling or commercial use, density, lot coverage and required open space to the regulations established in any one (1) or more districts created in this chapter.

Planning director means the director of planning and building.

Porch, enclosed and open means a roofed space attached to the outside of the outer wall of the building, open on one (1) 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 (1) or more sides without railing, glass, canvas, screen or similar materials on the open sides.

Poultry means any chickens, turkeys, ducks, geese, guineas or other fowl.

Preservation is the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.

Public administration means legislative, judicial, administrative and regulatory activities of federal, state, local and international governmental agencies.

Public airport means a tract of land or water with facilities for the landing, takeoff, and taxiing of aircraft, as well as related ancillary shelter, supply and repair of aircraft, permitted under state and federal law as an airport for public use. This definition does not include facilities used primarily for the manufacturing of aircraft, which are allowed under zoning districts for manufacturing and industrial uses.

Public improvement means any improvement, facility or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.

Quarry, sand pit, gravel pit, borrow pit means a lot, parcel or plot of land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of a building.

Reconstruction is the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

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, pick-up campers, converted buses, motor homes, tent trailers, pop-up trailers, boats and boat trailers and similar devices. This also includes any vehicle which carries a valid State of Florida "RV" license plate.

Regulated structure is a building or a part of a building that is the subject of a partial demolition and that is not located in the city's historic preservation districts but meets the following criteria of a historic structure: it is individually listed as historic locally or nationally, or it is a contributing property in a designated National Register District, or it is a designated historic landmark. See architectural feature limited review and see partial demolition.

Rehabilitation is the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, cultural and archaeological values.

Relocation is the act of moving a building from its original location to another site, either on the same property or to another location entirely.

Resiliency facility is defined as a facility owned and operated by a public utility for the purposes of assembling, creating, holding, securing, or deploying natural gas reserves for temporary use during a system outage or natural disaster.

Restaurant means an establishment where food is ordered, prepared and served for pay primarily for consumption on the premises in a completely enclosed room, under the roof of the main structure, or in an anterior court. A drive-in restaurant as defined in this section is not a restaurant. A cafeteria shall be deemed a restaurant as defined herein.

Restaurant, fast food, means an establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption (1) within the restaurant building, (2) within a motor vehicle parked on the premises, or (3) off the premises as carry-out orders, and whose principal method of operation includes the following characteristics: food and/or beverages are usually served in edible containers or in paper, plastic or other disposable containers.

Restoration is the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of removal of later work or by the replacement of missing earlier work.

Rezoning means a change in the actual list of permitted, conditional or prohibited uses within a zoning category, or changes to the actual zoning map designation of a parcel or parcels of land in the city.

Rezoning, large scale, means a change in the actual list of permitted, conditional or prohibited uses within a zoning category, or changes to the actual zoning map designation of a parcel or parcels of land involving ten (10) contiguous acres or more.

Rezoning, small scale means a change to the zoning map designation of a parcel or parcels of land involving less than ten (10) contiguous acres.

Roominghouse, boardinghouse or lodginghouse means a building other than small and large group homes, dormitory, hostel, hotel, motel, inn or motor lodge, or tourist home, and bed and breakfast, containing sleeping rooms where lodging or lodging and meals are provided for four or more unrelated persons but not more than twenty (20) unrelated persons, and containing less than ten (10) sleeping rooms, and which typically have a resident family or manager. The sleeping rooms generally do not have private bathrooms or kitchens attached thereto. The minimum length of stay in a roominghouse, boardinghouse or lodginghouse shall be a week or longer.

Routine maintenance and repair in terms of historic preservation means using the same materials in a way that matches the architectural style of the existing building.

St. Augustine architecture means a distinctive architectural style influenced by the traditions of the Spanish, English, Minorcan and early American inhabitants as adapted to utilize available materials and meet local conditions of climate. This style is simple, functional and unpretentious. The style is described and documented in the book "The Houses of St. Augustine" by Albert Manucy, published by the St. Augustine Historical Society in 1962.

(1)

Houses were built flush with the street line, with the remainder of the front line enclosed by a wall or fence through which access was gained to the side yard and the house. A few doors opened directly on the street after 1763. Houses imparted a massive but well-proportioned look and were one (1) to two and one-half (2½) stories in height. The most common floor plan was a simple rectangle with a loggia to the side or rear. Stairs to upper floors were located at one (1) end of the loggia in a protected alcove. Some houses had an added wing, and a few were U-shaped.

(2)

Ground level floors were of tabby (shell concrete) at or near grade, although some wooden floors set close to the ground appeared late. Wooden second floors were carried on exposed beams. Tabby or coquina walls were always plastered inside and out. White is the only color described and was dominant well into the 19th century. Some late exterior walls were scored in ashlar pattern. Openings were generally large. Early doors were heavy and solid, the six-panel door appearing after 1763. Windows with inside shutters and protecting wooden grills (rejas) were the rule until 1763. Iron grillwork was never characteristic of Spanish St. Augustine. After 1763 double-hung windows with glass panes appeared, and shutters moved to the outside. All woodwork was simple and somewhat heavy. Street balconies were common, the early forms supported by corbelled beams. Some second stories were of wood, usually clapboard. Chimneys were rare before 1763, common thereafter. Decoration and ornamentation was minimal and simple.

(3)

Before 1763 flat roofs were present, particularly on masonry houses; they were rare thereafter. Pitched roofs of both gable and hip types were most common and were covered with thatch or wooden shingles. Tiled roofs are not characteristic of St. Augustine style.

(4)

In interpreting St. Augustine architecture as a basis for construction under this chapter, aspects of scale, proportion, fabric and texture shall approach the historic modes insofar as possible and practical; but the rule shall be to give reasonable latitude for modifications and adaptations necessitated by modern use and convenience, both in business and residential construction.

Sale means any transfer of title or possession or both, exchange, barter, lease or rental, conditional or otherwise, in any manner or by any means whatsoever of tangible property for a consideration.

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

Self-storage facility means a personal storage building (as distinguished from a mini-warehouse) which is subdivided by permanent partitions into individual spaces, and each such space has an independent entrance within an enclosed building under the exclusive control of tenant thereof, with one or more exterior entrances into the building. The tenant shall not use the individual space for any commercial or industrial purpose.

Service station, which is defined to include the term gas station, means any business establishment which derives some portion of its income from the retail sale of gasoline and oil and where grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, principally for automobiles, and where in addition the following services may be rendered and sales made, and no other:

(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; provisions of water, antifreeze and the like.

(5)

Washing and polishing and sale of automotive washing and polishing materials; this provision also permits car laundries.

(6)

Providing and repairing fuel pumps and lines.

(7)

Servicing and repair of carburetors.

(8)

Emergency wiring repairs.

(9)

Adjusting and emergency repair of brakes.

(10)

Minor or major motor repairs to include removal of the head or crankcase if all work is done indoors.

(11)

Greasing and lubrication.

(12)

Sales of cold drinks, packaged foods, tobacco and similar convenience goods for service station customers, but only as accessory and incidental to the principal business operation.

(13)

Provision of road maps and other informational material to customers; provision of restroom facilities.

(14)

Rental of luggage or utility trailers, trucks and automobiles.

Uses permissible at a service station to not include major body work, straightening of frames or body parts, painting, welding, storage of automobiles not in operating condition, operation of a commercial parking lot or commercial garage as an accessory use, or other work (which creates a nuisance) involving undue noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop or a truck shop.

Setback means the mean horizontal distance between the front line of the building (excluding steps and unenclosed porches of not more than sixteen (16) square feet) and the front line of the lot.

Shopping center means a group of retail stores or service establishments planned and developed as a unit by one (1) operator, owner, organization or corporation for sale or for lease for the site upon which they are built.

Shopping plaza means a group of retail stores or service establishments planned or developed as a unit by one (1) operator, owner, organization or corporation for sale or for lease for the site upon which they are built and has less than five thousand (5,000) square feet of gross leasable floor area.

Sight-seeing depot means an off-street parking area having waiting and restroom facilities and used for the purpose of loading and unloading sight-seeing passengers by a trailer train or other vehicle transporting sight-seeing passengers for hire.

Sign means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, project, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

Significant architectural feature is an architectural feature(s) that comprises the historic character of the structure and built near the same time as the building or added features and alterations that maintain the historic character of the building.

Special event venue is a business where the primary or ancillary or accessory use is to host events such as weddings, wedding receptions, bridal receptions, rehearsal luncheons and dinners, anniversary celebrations, galas, birthday parties, family reunions, ordinations, funeral receptions, fundraisers, retirement parties, corporate meetings, conferences, trade shows, speaker luncheon series, auctions, museum exhibits and similar events. A special event venue may be indoors or outdoors and must comply with all applicable local codes including, but not limited to, life safety codes, building codes, zoning codes, alcoholic beverage codes, public works department, police department and fire department requirements. Occupancy and occupancy limitations for special event venues must comply with all applicable public safety codes and requirements. Government and military services and events are not special event venues. Special event venues may also be accessory or ancillary uses to other uses, such as, hotels or motels, bed and breakfasts or restaurants, for example.

Specialty food store means a retail store specializing in a specific type or class of foods, such as an appetizer store, bakery, butcher, delicatessen, fish, gourmet and similar foods.

Stable, commercial, means a building or land where horses are kept for remuneration, hire, sale, boarding, riding or show.

Stable, private, means any building, incidental to an existing residential, principal use, that shelters horses for the exclusive use of the occupants of the premises.

Structural alteration means any change in the supporting members of a building, such as the bearing walls, beams or girders, or any change in the dimension or configuration of the roof or exterior walls.

Subdivision means any subdivision or redivision of a subdivision, tract, parcel or lot of land into two (2) or more parts by means of mapping, platting, conveyance, change or rearrangement of boundaries.

Supermarket means a retail establishment primarily selling food as well as other convenience and household goods.

Tavern See "Bar, etc."

Tattoo parlor or studio means an establishment which provides for artistic expression through the permanent embellishment of the skin via an indelible mark or figure fixed upon the body by the insertion of pigment under the skin.

Technical requirement refers to performance mandates established by local, state or federal governments and their supporting regulatory documents.

Temporary retail food establishment means a retail food establishment that operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibition or similar transitory gathering, including church suppers, picnics or similar organizational meetings, mobile retail food establishments; and agricultural markets.

Terrace means a natural or artificial earthen embankment between a building and a street front. The height of terrace shall be the difference in elevation between the average curb and the average elevation of the terrace at the building wall.

Theater, drive-in, means a theater which provides drive-in facilities for viewing movies or performances from within a vehicle.

Theater, open-air, means an open area with seating facilities and usually a stage upon which performances are given.

Tourist means a visitor to St. Augustine passing through or stopping briefly in the region while en route to destinations in other parts of the state, or visiting attractions in the region on brief side trips from primary destinations elsewhere.

Tourist attraction means an area, structure, building, park, institution or other place, commercial or noncommercial, which attracts visitors from out of state or other parts of the state. An example of such an attraction would be an aquatic stadium with trained animal shows; historical restoration area; museum; natural garden and springs; state or national park; theme ride park; and zoo, to include animal, bird and reptile exhibits.

Tourist home means a building or part thereof, constructed earlier than 1931, other than hotel/motel or inn where sleeping accommodations and/or meals are provided for lodgers with daily charge and which also serves as the residence of the operator or owner.

Transit station shall mean more than one transit shelter in one location, or one large shelter, typically serving several transit routes and/or modes of transit, including pedestrian connectivity and which may or may not incorporate convenience retail and service establishments. A transit station is intended to be available to the public at large for general transportation needs and is not intended to be a recreational or tour service, nor is it intended to be a shuttle for use by hotel, motel, or resort guests only, or for single event transportation planning such as a wedding or event shuttle.

Truck stop means 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.

Undue economic hardship means an onerous and excessive financial burden that would be placed upon a property owner by the denial of a certificate of demolition or a similar burden which would be placed on a property owner by conditions which the Commission seeks to place on the granting of a certificate.

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, accessory, means a use which:

(1)

Is subordinate to and serves a principal structure or a principal use.

(2)

Is subordinate in area, extent, and purpose to the principal structure or use served.

(3)

Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this chapter.

(4)

Is customarily incidental to the principal structure or use.

Use of land includes use of land, water surface and land under water to the extent covered by zoning districts, and over which the city has jurisdiction.

Use, principal, means the specific primary purpose for which land is used.

Use, seasonal, means a principal use or accessory use of a seasonally recurring nature and of short duration, specifically retail sales of Christmas trees, Halloween pumpkins and Independence Day fireworks.

Use, temporary, means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.

Used car lot means a lot or group of contiguous lots used for the storage, display and sale of used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises.

Variance means a relaxation of the terms of this chapter 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 this chapter would result in unnecessary and undue hardship on the land. As used in this chapter, a variance is authorized only for height, area and size of structure or sides of yards and open spaces. Establishment or expansion of uses 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. A modification to lot requirements so as to increase the permitted density of multifamily dwellings shall not be considered a variance and is specifically prohibited.

Visual barrier means a material object or set of objects; e.g., fence, wall or hedge, which restricts or materially impairs the view from off the site.

Wetland means an area where standing water is retained for a portion of the year and/or unique vegetation has adapted to the area.

Yard means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from thirty (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.

Yard, front, means a required 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 (1) of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the building inspector 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. In the case of corner lots, a front yard of the required depth shall be provided on one (1) 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 roundings. Front and rear yard lines shall be parallel. Where lots in residential districts comprising forty (40) percent or more of the frontage on one (1) side of a street between intersecting streets are developed with structures having an average front yard with a variation of not more than six (6) feet, no building thereafter erected shall project beyond the average line so established. This provision applies in all residential districts.

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 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 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.

Yard, rear, means 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 front and side yards. Depth of a required rear 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 rear lot line.

Yard, required, means the open space between a lot line and the buildable area within which no structure shall be located except as provided in this chapter.

Yard, waterfront, means, in the case of a lot where any of its boundary lines abut on 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 the lot which borders the street, right-of-way or access easement servicing such lot regardless of how any structure is situated on the lot.

Zero lot line means the location of a building on a lot in such a manner that one (1) or more of the building's sides rest directly on a lot line.

(Code 1964, § 33-7; Ord. No. 91-11, § 1, 6-24-91; Ord. No. 94-07, § 1, 3-14-94; Ord. No. 96-17, § 1, 4-8-96; Ord. No. 97-21, § 1, 8-25-97; Ord. No. 99-05, § 1, 2-8-99; Ord. No. 99-11, § 1, 3-22-99; Ord. No. 99-27, § 1, 7-26-99; Ord. No. 99-42, § 1, 1-10-00; Ord. No. 00-10, § 1, 4-10-00; Ord. No. 01-04, § 1, 3-26-01; Ord. No. 01-10, § 1, 5-14-01; Ord. No. 01-30, § 1, 1-14-02; Ord. No. 03-17, § 1, 6-23-03; Ord. No. 03-23, § 1, 9-22-03; Ord. No. 05-22, § 1, 8-8-05; Ord. No. 06-01, § 1, 1-23-06; Ord. No. 07-01, § 1, 2-12-07; Ord. No. 14-04, § 1, 4-14-14; Ord. No. 14-24, § 1, 12-8-14; Ord. No. 15-02, § 1, 12-14-15; Ord. No. 16-02, § 1, 1-25-16; Ord. No. 16-06, § 1, 2-8-16; Ord. No. 18-07, § 1, 5-14-18; Ord. No. 19-12, § 1, 8-12-19; Ord. No. 20-03, § 1, 2-10-20; Ord. No. 21-08, § 1, 5-10-21; Ord. No. 21-16, § 1, 8-23-21; Ord. No. 21-26, § 1, 10-11-21; Ord. No. 21-27, § 1, 10-25-21; Ord. No. 22-07, § 1, 3-28-22; Ord. No. 22-15, § 1, 9-26-22; Ord. No. 23-16, § 1, 5-22-23; Ord. No. 23-24, § 1, 8-28-23; Ord. No. 24-19, § 1, 6-24-24; Ord. No. 24-30, § 1, 9-23-24; Ord. No. 2025-21, § 1, 8-11-25)

(a)

The purpose of this chapter is to implement the goals and objectives contained within the comprehensive plan; and to encourage, protect, and promote, in accordance with present and future needs as outlined in the comprehensive plan, the public health, safety, morals and the general welfare, the quality of life, and the natural, historical and cultural environment of the incorporated area of the city.

(b)

The districts and regulations contained herein are designed to regulate the traffic circulation on public streets and highways; to provide adequate light, air and open spaces; to promote civic amenities of natural, historical, and cultural importance and of beauty and visual interest; and to regulate density of population and thus prevent the overcrowding of land in order to facilitate the provision of adequate community facilities and services such as water, sewerage, schools, parks and similar city functions as outlined in the comprehensive plan.

(Code 1964, § 33-2)

All buildings or structures hereafter erected, reconstructed, altered, enlarged or moved in the incorporated area of the city shall be in conformity with the provisions of this chapter. Modifications to these regulations may be allowed pursuant to the criteria and procedures adopted by the city commission in its design standards for entry corridors for San Marco Avenue, Anastasia Boulevard, and King Street.

(Code 1964, § 33-3; Ord. No. 19-06, § 1, 4-22-19)

The minimum yards, parking spaces, open spaces, including lot area per family required by this chapter for all buildings in existence at the time of passage of these regulations or for all buildings hereafter erected, shall not be encroached upon or considered as required yard or open space for any other building, except as hereinafter provided, nor shall any lot area be reduced below the requirements of these regulations.

(Code 1964, § 33-4)

Except for temporary storage of building supplies during the period of construction of the main use building no accessory building shall be used or occupied until the main use building on the lot is being used. This restriction shall not apply to boat docks, boathouses and well houses.

(Code 1964, § 33-5)

The use provisions in the various zoning districts are exclusive and any use not included under permitted or permissible uses shall be prohibited in such districts.

(Code 1964, § 33-6)